Texas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program, 64252-64260 [E8-25589]

Download as PDF 64252 Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Rules and Regulations Commodity Parts per million * * * Cattle, kidney .................. * * * Goat, kidney ................... * * * Horse, kidney .................. * * * Sheep, kidney ................. * * * (3) * * * * * * * * * * * * 2.5 2.5 2.5 2.5 * Commodity Parts per million Milk ................................. * * * * 0.05 * [FR Doc. E8–25676 Filed 10–28–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 [EPA–R06–RCRA–2008–0144; FRL–8727–3] Texas: Final Authorization of StateInitiated Changes and Incorporation by Reference of State Hazardous Waste Management Program Environmental Protection Agency (EPA). ACTION: Immediate final rule. mstockstill on PROD1PC66 with RULES9 AGENCY: SUMMARY: During a review of Texas’ regulations, the EPA identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this Immediate Final action. In addition, today’s document corrects technical errors made in the August 18, 1999 and June 14, 2005 Federal Register authorization documents for Texas. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ‘‘Approved State Hazardous Waste Management Programs’’ to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the VerDate Aug<31>2005 17:40 Oct 28, 2008 Jkt 217001 EPA’s inspection and enforcement. The rule codifies in the regulations the prior approval of Texas’ hazardous waste management program and incorporates by reference authorized provisions of the State’s statutes and regulations. DATES: This regulation is effective December 29, 2008, unless the EPA receives adverse written comment on the codification of the Texas authorized RCRA program by the close of business November 28, 2008. If the EPA receives such comments, it will publish a timely withdrawal of this immediate final rule in the Federal Register informing the public that this rule will not take effect. The incorporation by reference of authorized provisions in the Texas statutes and regulations contained in this rule is approved by the Director of the Federal Register as of December 29, 2008 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R06– RCRA–2008–0144 by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. 2. E-mail: patterson.alima@epa.gov or Banks.Julia@epa.gov. 3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733. 4. Hand Delivery or Courier: Deliver your comments to Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202– 2733. Instructions: Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov, or e-mail. The Federal http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to the EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. You can view and copy the documents that form the basis for this authorization and codification and associated publicly available materials from 8:30 a.m. to 4 p.m. Monday through Friday at the following location: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, phone number (214) 665–6444. Interested persons wanting to examine these documents should make an appointment with the office at least two weeks in advance. FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/ Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, Phone number: (214) 665–8533, and email address patterson.alima@epa.gov or Banks.Julia@epa.gov. SUPPLEMENTARY INFORMATION: I. Authorization of State-Initiated Changes A. Why are Revisions to State Programs Necessary? States which have received Final authorization from the EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. As the Federal program changes, the States must change their programs and ask the EPA to authorize the changes. Changes to State hazardous waste programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to the EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273 and 279. States can also initiate their own changes to their hazardous waste program and these changes must then be authorized. B. What Decisions Have We Made in This Rule? We conclude that Texas’ revisions to its authorized program meet all of the E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Rules and Regulations statutory and regulatory requirements established by RCRA. We found that the State-initiated changes make Texas’ rules more clear or conform more closely to the Federal equivalents and are so minor in nature that a formal application is unnecessary. Therefore, we grant Texas final authorization to operate its hazardous waste program with the changes described in the table at Section G below. Texas has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out all authorized aspects of the RCRA program, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in Texas, including issuing permits, until the State is granted authorization to do so. C. What is the Effect of Today’s Authorization Decision? The effect of this decision is that a facility in Texas subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with RCRA. Texas has enforcement responsibilities under its State hazardous waste program for violations of such program, but the EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to: • Do inspections, and require monitoring, tests, analyses, or reports; • Enforce RCRA requirements and suspend or revoke permits; and • Take enforcement actions after notice to and consultation with the State. This action does not impose additional requirements on the regulated community because the statutes and regulations for which Texas is being authorized by today’s action are already effective and are not changed by today’s action. become effective and which part is being withdrawn. D. Why Wasn’t There a Proposed Rule Before Today’s Rule? The State of Texas initially received final authorization on December 26, 1984 (49 FR 48300), to implement its Base Hazardous Waste Management Program. This authorization was clarified in a notice published March 26, 1985 (50 FR 11858). Texas received authorization for revisions to its program, effective October 4, 1985 (51 FR 3952), February 17, 1987 (51 FR 45320), March 15, 1990 (55 FR 7318), July 23, 1990 (55 FR 21383), October 21, 1991 (56 FR 41626), December 4, 1992 (57 FR 45719), June 27, 1994 (59 FR 16987), June 27, 1994 (59 FR 17273), November 26, 1997 (62 FR 47947), December 3, 1997 (62 FR 49163), October 18, 1999 (64 FR 44836), November 15, 1999 (64 FR 49673), September 11, 2000 (65 FR 43246), and June 14, 2005 (70 FR 34371). The EPA did not publish a proposal before today’s rule because we view this as a routine program change and do not expect comments that oppose this approval. We are providing an opportunity for public comment now. In addition to this rule, in the Proposed Rules section of today’s Federal Register we are publishing a separate document that proposes to authorize the State program changes. E. What Happens If EPA Receives Comments That Oppose This Action? If the EPA receives comments that oppose this authorization or the incorporation-by-reference of the State program, we will withdraw this rule by publishing a timely document in the Federal Register before the rule becomes effective. The EPA will base any further decision on the authorization of the State program changes, or the incorporation-byreference, on the proposal mentioned in the previous paragraph. We will then address all public comments in a later final rule. If you want to comment on this authorization and incorporation-byreference, you must do so at this time. If we receive comments that oppose only the authorization of a particular change to the State hazardous waste program or the incorporation-byreference of the State program, we may withdraw only that part of this rule, but the authorization of the program changes or the incorporation-byreference of the State program that the comments do not oppose will become effective on the date specified above. The Federal Register withdrawal document will specify which part of the authorization or incorporation-byreference of the State program will mstockstill on PROD1PC66 with RULES9 State requirement 30 30 30 30 30 30 30 30 30 30 30 30 30 30 TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC 17:40 Oct 28, 2008 Jkt 217001 PO 00000 F. For What Has Texas Previously Been Authorized? G. What Changes Are We Authorizing With Today’s Action? The State has made amendments to the provisions listed in the document which follows. These amendments clarify the State’s regulations and make the State’s regulations more internally consistent. The State’s laws and regulations, as amended by these provisions, provide authority which remains equivalent to and no less stringent than the Federal laws and regulations. These State-initiated changes satisfy the requirements of 40 CFR 271.21(a). We are granting Texas final authorization to carry out the following provisions of the State’s program in lieu of the Federal program. These provisions are analogous to the indicated RCRA statutory provisions or RCRA regulations found at 40 CFR as of July 1, 2000. The Texas provisions are from the Texas Administrative Code (TAC), Title 30, effective December 31, 2001. Analogous Federal requirement 335.1(7) ‘‘Ancillary equipment’’ ................................................... 335.1(29) ‘‘Corrective action management unit’’ or ‘‘CAMU’’ ..... 335.1(37) ‘‘Disposal’’ ................................................................... 335.1(52) ‘‘Facility’’ ..................................................................... 335.1(53) ‘‘Final closure’’ ............................................................ 335.1(86) ‘‘Manifest’’ ................................................................... 335.24(j) ...................................................................................... 335.24(k) ..................................................................................... 335.29(6) ..................................................................................... 335.78(j) ...................................................................................... 335.504(1) ................................................................................... 335.69(a)(1)(D) intro ................................................................... 335.69(b) ..................................................................................... 335.69(d) ..................................................................................... VerDate Aug<31>2005 64253 Frm 00075 Fmt 4700 40 40 40 40 40 40 40 40 40 40 40 40 40 40 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR Sfmt 4700 260.10 ‘‘Ancillary equipment’’. 260.10 ‘‘Corrective action management unit’’ or ‘‘CAMU’’. 260.10 ‘‘Disposal’’. 260.10 ‘‘Facility’’. 260.10 ‘‘Final closure’’. 260.10 ‘‘Manifest’’. 261.6(a)(4). 261.6(c)(1) related. 261, Appendix IX. 261.5(j). 261.4(b)(13)–(15). 262.34(a)(1)(iv) intro. 262.34(b). 262.34(c)(1). E:\FR\FM\29OCR1.SGM 29OCR1 64254 Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Rules and Regulations State requirement 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC TAC 335.69(f), except (f)(2) & (f)(4) ................................................... 335.69(f)(4), except (f)(4)(C) ....................................................... 335.504(1) ................................................................................... 335.11(a)(4) ................................................................................ 335.41(e) ..................................................................................... 335.152(c)(4), except (4)(B), (C), & (F) ...................................... 335.152(c)(4)(B), (C), & (F) ........................................................ 335.205(a) intro.—(2) .................................................................. 335.41(e) ..................................................................................... 335.112(b)(3) .............................................................................. 335.112(b)(4) intro through (b)(4)(D) .......................................... 335.112(b)(4)(E) through (H) ...................................................... 335.112(b)(4)(K) & (L) ................................................................ 335.112(b)(5) .............................................................................. 335.112(b)(6) .............................................................................. 335.112(b)(8)–(10) ...................................................................... 335.124(e) ................................................................................... 335.221(a)(1)(A) .......................................................................... 335.225(b) ................................................................................... 305.62(a) ..................................................................................... 305.62(b) ..................................................................................... 305.62(d) except (d)(3), (d)(5) & (d)(6) ...................................... 305.125(1) & (3) .......................................................................... 305.50(4)(G) ................................................................................ 324.2 intro ................................................................................... H. Who Handles Permits After The Authorization Takes Effect? This authorization does not affect the status of State permits and those permits issued by the EPA because no new substantive requirements are a part of these revisions. I. How does Today’s Action Affect Indian Country (18 U.S.C. 1151) in Texas? Texas is not authorized to carry out its Hazardous Waste Program in Indian Country within the State. This authority remains with EPA. Therefore, this action has no effect in Indian Country. II. Technical Corrections mstockstill on PROD1PC66 with RULES9 Analogous Federal requirement A. Corrections to the August 18, 1999 (64 FR 44836) Authorization Document 1. There are date errors in the table of program revisions published in the above referenced authorization notice, specific to the following entries: (a) Throughout the table, the effective date for TWCA ( 5.103, and THSCA §§ 361.017 and 361.024 should be ‘‘September 1, 1995’’. (b) For Checklist 135 (Item 1), the effective date for TWCA ( 5.102 should be ‘‘Vernon 1988 and 1998 Supplement, effective September 1, 1985’’. (c) For Checklist 137 (Item 3), the effective date for THSCA § 361.003 should be ‘‘September 1, 1997’’. (d) For Checklist 140, the reference to ‘‘September 18, 1998’’ following the provision 30 TAC ( 335.29, is incorrect and should be ‘‘October 19, 1998’’. This correction applies to 30 TAC §§ 335.29(4) and (5). VerDate Aug<31>2005 17:40 Oct 28, 2008 Jkt 217001 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR 262.34(d), except (d)(2) & (d)(4). 262.34(d)(2). 262.11(a). 263.20(a) (partial analog). 264.1(g)(1). 264 related; no direct Federal analog. 264 related, no direct Federal analog. 264.18 related; no direct Federal analog. 265.1(c)(5). 265 related; no direct Federal analog. 265 related; no direct Federal analog. 265 related; no direct Federal analog. 265 related; no direct Federal analog. 265 related; no direct analog. 265 related; no direct analog. 265 related; no direct analog. 265.112 and 265.113 related. 266.100 related. 266.111 related; no direct Federal analog. 124.5(a). 270.42 related; no direct Federal analog. 270.41(a) except 270.41(a) (3) & (a)(5). 270.30(a) & (c). 270.10(e)(4). 279.1 related. 2. In item 12 on page 44838 of the authorization document, ‘‘Checklist 114’’ should be corrected to read ‘‘Checklist 144’’. 6. For checklist 181, the authorization document entry should include a reference to ‘‘335.1 (definition of lamp)’’effective November 15, 2001. B. Corrections to the June 14, 2005 (70 FR 34371) Authorization Document III. Incorporation-By-Reference 1. For Checklist 159, the authorization document should include a reference to ‘‘335.431(c)’’ effective November 15, 2001. 2. For Checklist 166, the effective date for 335.24(c)(4)(A)–(C) should be ‘‘April 4, 1999’’ not ‘‘April 14, 1999’’. 3. For checklist 168, the reference to ‘‘305.51(a)(8)’’ is incorrect and should be ‘‘305.51(c)(8)’’. 4. For checklist 169 the following corrections should be made: a. The authorization document entry should include a reference to ‘‘335.24(c)(4)(C)’’effective November 15, 2001; b. The authorization document entry should include a reference to ‘‘335.29(4)’’ effective November 15, 2001; and, c. The authorization document entry should include a reference to ‘‘335.221(b)(2)’’ effective November 15, 2001. 5. For checklist 175 the following corrections should be made: a. The authorization document entry should include a reference to ‘‘305.69(k) D.3.g and M.3’’ effective November 15, 2001; and, b. The authorization document entry should include a reference to ‘‘335.1 (definition of miscellaneous unit)’’ effective November 15, 2001. Codification is the process of placing a State’s statutes and regulations that comprise the State’s authorized hazardous waste management program into the Code of Federal Regulations (CFR). Section 3006(b) of RCRA, as amended, allows the Environmental Protection Agency (EPA) to authorize State hazardous waste management programs to operate in lieu of the Federal hazardous waste management regulatory program. The EPA codifies its authorization of State programs in 40 CFR part 272 and incorporates by reference State statutes and regulations that the EPA will enforce under sections 3007 and 3008 of RCRA and any other applicable statutory provisions. The incorporation by reference of State authorized programs in the CFR should substantially enhance the public’s ability to discern the current status of the authorized State program and State requirements that can be Federally enforced. This effort provides clear notice to the public of the scope of the authorized program in each State. PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 A. What is Codification? B. What Is the History of the Codification of Texas’ Hazardous Waste Management Program? The EPA incorporated by reference Texas’ then authorized hazardous waste program effective December 3, 1997 (62 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Rules and Regulations FR 49163) and November 15, 1999 (64 FR 49673). In this action, EPA is revising subpart SS of 40 CFR part 272 to include the recent authorization revision actions effective October 18, 1999 (64 FR 44836), September 11, 2000 (65 FR 43246), and June 14, 2005 (70 FR 34371). mstockstill on PROD1PC66 with RULES9 C. What Codification Decisions Have We Made in This Rule? The purpose of today’s Federal Register document is to codify Texas’ base hazardous waste management program and its revisions to that program. The EPA provided notices and opportunity for comments on the Agency’s decisions to authorize the Texas program, and the EPA is not now reopening the decisions, nor requesting comments, on the Texas authorizations as published in the Federal Register notices specified in section F of this document. This document incorporates by reference Texas’ hazardous waste statutes and regulations and clarifies which of these provisions are included in the authorized and federally enforceable program. By codifying Texas’ authorized program and by amending the Code of Federal Regulations, the public will be more easily able to discern the status of federally approved requirements of the Texas hazardous waste management program. The EPA is incorporating by reference the Texas authorized hazardous waste program in subpart SS of 40 CFR part 272. Section 272.2201 incorporates by reference Texas’ authorized hazardous waste statutes and regulations. Section 272.2201 also references the statutory provisions (including procedural and enforcement provisions) which provide the legal basis for the State’s implementation of the hazardous waste management program, the Memorandum of Agreement, the Attorney General’s Statements and the Program Description, which are approved as part of the hazardous waste management program under Subtitle C of RCRA. D. What Is the Effect of Texas’ Codification on Enforcement? The EPA retains its authority under statutory provisions, including but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other applicable statutory and regulatory provisions to undertake inspections and enforcement actions and to issue orders in authorized States. With respect to these actions, the EPA will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than any VerDate Aug<31>2005 17:40 Oct 28, 2008 Jkt 217001 authorized State analogues to these provisions. Therefore, the EPA is not incorporating by reference such particular, approved Texas procedural and enforcement authorities. Section 272.2201(c)(2) of 40 CFR lists the statutory and regulatory provisions which provide the legal basis for the State’s implementation of the hazardous waste management program, as well as those procedural and enforcement authorities that are part of the State’s approved program, but these are not incorporated by reference. E. What State Provisions Are Not Part of the Codification? The public needs to be aware that some provisions of Texas (hazardous waste management program are not part of the Federally authorized State program. These non-authorized provisions include: (1) Provisions that are not part of the RCRA subtitle C program because they are ‘‘broader in scope’’ than RCRA subtitle C (see 40 CFR 271.1(i)); (2) Federal rules for which Texas is not authorized, but which have been incorporated into the State regulations because of the way the State adopted Federal regulations by reference; (3) Unauthorized amendments to authorized State provisions; and (4) New unauthorized State requirements. State provisions that are ‘‘broader in scope’’ than the Federal program are not part of the RCRA authorized program and EPA will not enforce them. Therefore, they are not incorporated by reference in 40 CFR part 272. For reference and clarity, 40 CFR 272.2201(c)(3) lists the Texas regulatory provisions which are ‘‘broader in scope’’ than the Federal program and which are not part of the authorized program being incorporated by reference. ‘‘Broader in scope’’ provisions cannot be enforced by EPA; the State, however, may enforce such provisions under State law. Texas has adopted but is not authorized for the following Federal rules published in the Federal Register on April 12, 1996 (61 FR 16290); December 5, 1997 (62 FR 64504); November 8, 2000 (65 FR 67068); and December 26, 2000 (65 FR 81373). Therefore, these Federal amendments included in Texas’ (adoption by reference at 30 Texas Administrative Code (TAC) sections: 335.1(123)(A)(iv), 335.112(a)(19) and (20), 335.152(a)(17) and (18), and 335.431(c)(1), are not part of the State’s authorized program and are not part of the incorporation by reference addressed by today’s Federal Register document. PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 64255 Additionally, Texas’ hazardous waste regulations include amendments which have not been authorized by the EPA. Since the EPA cannot enforce a State’s requirements which have not been reviewed and authorized in accordance with RCRA section 3006 and 40 CFR part 271, it is important to be precise in delineating the scope of a State’s authorized hazardous waste program. Regulatory provisions that have not been authorized by the EPA include amendments to previously authorized State regulations as well as new State requirements. In those instances where Texas has made unauthorized amendments to previously authorized sections of State code, the EPA is identifying in 40 CFR 272.2201(c)(4) any regulations which, while adopted by the State and incorporated by reference, include language not authorized by the EPA. Those unauthorized portions of the State regulations are not Federally enforceable. Thus, notwithstanding the language in Texas hazardous waste regulations incorporated by reference at 40 CFR 272.2201(c)(1), the EPA will only enforce those portions of the State regulations that are actually authorized by the EPA. For the convenience of the regulated community, the actual State regulatory text authorized by the EPA for the citations listed at 272.2201(c)(4) (i.e., without the unauthorized amendments) is compiled as a separate document, Addendum to the EPA Approved Texas Regulatory Requirements Applicable to the Hazardous Waste Management Program, June 2005. This document is available from EPA Region 6, Sixth Floor, 1445 Ross Avenue, Dallas, Texas 75202–2733, Phone number: (214) 665– 8533, EPA Resource and Conservation Recovery Act (RCRA) Docket Information Center (5305G), 1200 Pennsylvania Avenue., NW., Washington DC 20460, National Archives and Records Administration (NARA), for information on the availability of this material at NARA, call 202–741–6030, and also Texas Commission on Environmental Quality, 1700 N. Congress Avenue, Austin, Texas 78711–3087. State regulations that are not incorporated by reference in today’s rule at 40 CFR 272.2201(c)(1), or that are not listed in 40 CFR 272.2201(c)(3) (‘‘broader in scope’’) or 40 CFR 272.2201(c)(4) (‘‘unauthorized amendments to authorized State provisions’’), are considered new unauthorized State requirements. These requirements are not Federally enforceable. E:\FR\FM\29OCR1.SGM 29OCR1 64256 Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Rules and Regulations With respect to any requirement pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) for which the State has not yet been authorized, the EPA will continue to enforce the Federal HSWA standards until the State is authorized for these provisions. mstockstill on PROD1PC66 with RULES9 F. What Will Be the Effect of Federal HSWA Requirements on the Codification? The EPA is not amending 40 CFR part 272 to include HSWA requirements and prohibitions that are implemented by EPA. Section 3006(g) of RCRA provides that any HSWA requirement or prohibition (including implementing regulations) takes effect in authorized and not authorized States at the same time. A HSWA requirement or prohibition supersedes any less stringent or inconsistent State provision which may have been previously authorized by the EPA (50 FR 28702, July 15, 1985). The EPA has the authority to implement HSWA requirements in all States, including authorized States, until the States become authorized for such requirement or prohibition. Authorized States are required to revise their programs to adopt the HSWA requirements and prohibitions, and then to seek authorization for those revisions pursuant to 40 CFR part 271. Instead of amending the 40 CFR part 272 every time a new HSWA provision takes effect under the authority of RCRA section 3006(g), the EPA will wait until the State receives authorization for its analog to the new HSWA provision before amending the State’s 40 CFR part 272 incorporation by reference. Until then, persons wanting to know whether a HSWA requirement or prohibition is in effect should refer to 40 CFR 271.1(j), as amended, which lists each such provision. Some existing State requirements may be similar to the HSWA requirement implemented by the EPA. However, until the EPA authorizes those State requirements, the EPA can only enforce the HSWA requirements and not the State analogs. The EPA will not codify those State requirements until the State receives authorization for those requirements. Statutory and Executive Order Reviews The Office of Management and Budget has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and therefore, this action is not subject to review by OMB. This rule incorporated by reference Texas’ authorized hazardous waste management VerDate Aug<31>2005 17:40 Oct 28, 2008 Jkt 217001 regulations, and imposes no additional requirements beyond those imposed by State law. This final rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Incorporation by reference will not impose any new burdens on small entities. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). Because this rule merely incorporates by reference certain existing State hazardous waste management program requirements which the EPA already approves under 40 CFR part 271, and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely incorporates by reference existing State hazardous waste management program requirements without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also does not have Tribal implications within the meaning of Executive Order 13175 (65 FR 67249, November 6, 2000). This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This action is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply Distribution or Use’’ (66 FR 28344, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Under RCRA 3006(b), the EPA grants a State’s application for incorporation by reference as long as the State meets the criteria required by RCRA. It would thus be inconsistent with applicable law for the EPA, when it reviews a State incorporation by reference application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. The final rule does not include environmental justice issues that require consideration under Executive Order 12898 (59 FR 7629, February 16, 1994). The EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Parts 271 and 272 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Incorporation by reference, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This notice is issued under the authority of Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b). Dated: September 17, 2008. Richard E. Greene, Regional Administrator, Region 6. For the reasons set forth in the preamble, 40 CFR parts 271 and 272 are amended as follows: ■ PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS EPA is granting final authorization under part 271 to the State of Texas for revisions to its hazardous waste E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Rules and Regulations program under the Resource Conservation and Recovery Act. PART 272—APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS 1. The authority citation for part 272 continues to read as follows: ■ Authority: Sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Subpart SS—[Amended] 2. Subpart SS is amended by revising § 272.2201 to read as follows: ■ mstockstill on PROD1PC66 with RULES9 § 272.2201 Texas State-Administered Program: Final Authorization. (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Texas final authorization for the following elements as submitted to EPA in Texas’ Base program application for final authorization which was approved by EPA effective on December 26, 1984. Subsequent program revision applications were approved effective on October 4, 1985, February 17, 1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4, 1992, June 27, 1994, November 26, 1997, December 3, 1997, October 18, 1999, November 15, 1999, September 11, 2000, June 14, 2005, and December 29, 2008. (b) The State of Texas has primary responsibility for enforcing its hazardous waste management program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions. (c) State Statutes and Regulations. (1) The Texas statutes and regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by reference is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the Texas regulations that are incorporated by reference in this paragraph are available from West Publishing Company, 620 Opperman Drive, P.O. Box 64526, Saint Paul, MN 55164–0526; Phone: 1–800–328–4880; Web site: http://west.thomson.com. VerDate Aug<31>2005 17:40 Oct 28, 2008 Jkt 217001 (i) The Binder entitled ‘‘EPA Approved Texas Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program’’, dated June 2005 (ii) [Reserved] (2) The following provisions provide the legal basis for the State’s implementation of the hazardous waste management program, but they are not being incorporated by reference and do not replace Federal authorities: (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2001); Chapter 361, The Texas Solid Waste Disposal Act, sections 361.002, 361.016, 361.017, 361.018, 361.024(e), 361.032, 361.033, 361.036, 361.037(a), 361.061, 361.063, 361.064, 361.066(b), 361.067, 361.068(a), 361.069 first two sentences, 361.078, 361.079, 361.080(a), 361.082(b), 381.082(c) (except second sentence), 361.082(e), 361.083, 361.084 (except 361.084(a) and (c)), 361.084(c) (except the phrase ‘‘, or evidence of * * * waste management’’), 361.085, 361.088(a) and (b), 361.088(c) (except the phrase ‘‘Except as provided by Subsection (e)’’, 361.089, 361.090, 361.095(b)–(f), 361.096, 361.097, 361.098(a) (except the phrase ‘‘Except as provided in Subsections (b) and (c),’’), 361.099(a), 361.100, 361.101, 361.102(a) (except the phrase ‘‘Except as provided by Subsections (b) and (c)’’), 361.103 through 361.108, 361.109(a), 361.301, 361.321(a) and (b), 361.321(c) (except the phrase ‘‘Except as provided by Section 361.322(a)’’), 361.321(d), and 361.321(e) (except the phrase ‘‘Except as provided by Section 361.322(e)’’); Chapter 371, Texas Oil Collection, Management, and Recycling Act, sections 371.0025(b) and (c), 371.024(a), 371.024(c) and (d), 371.026(a) and (b), 371.028, and 371.043(b). (ii) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2002 Supplement), effective September 1, 2001: Chapter 361, The Texas Solid Waste Disposal Act, sections 361.082(h), 361.084(a), 361.088(g), and 361.114. (iii) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 2000), effective September 1, 1999, as amended: Chapter 5, sections 5.102 through 5.105, 5.112, 5.351, and 5.501; Chapter 7, sections 7.051(a), 7.053 through 7.062, 7.064 through 7.069, 7.075, 7.101, 7.102, 7.104, 7.107, 7.110, 7.162, 7.163, 7.176, 7.187, 7.189, 7.190, 7.252(1), 7.351, 7.353; Chapter 26, section 26.011; and Chapter 27, sections 27.018 and 27.019. (iv) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 2002), effective September 1, 2001, as amended: Chapter 5, section 5.177; PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 64257 Chapter 7, sections 7.031, 7.052(a), and 7.102. (v) Texas Government Code (Vernon, 1998), section 311.027, effective May 11, 1993. (vi) Texas Administrative Code (TAC), Title 30, Environmental Quality, 1994, as amended, effective through January 1, 1994: Chapter 305, sections 305.91 through 305.93, 305.98, and 305.99. (vii) Texas Administrative Code (TAC), Title 30, Environmental Quality, 1997, as amended, effective through January 1, 1997: Chapter 281, sections 281.17(d)–(f); Chapter 305, sections 305.29(b)–(d), 305.94 and 305.95, 305.97, 305.100, 305.101 (except 305.101(c)), 305.102, 305.103, and 305.105. (viii) Texas Administrative Code (TAC), Title 30, Environmental Quality, 2002, as amended, effective through December 31, 2001: Chapter 39, sections 39.13 (except (10)), 39.413 (except (10)); Chapter 50, sections 50.13, 50.19, 50.39, 50.113, 50.119, and 50.139; Chapter 55, sections 55.27 (except (b)), 55.201 (except as applicable to contested case hearings), and 55.211 (except as applicable to contested case hearings); Chapter 70, section 70.10; Chapter 281, sections 281.1 (except the clause ‘‘except as provided by * * * Prioritization Process)’’), 281.2 introductory paragraph, 281.2(4), 281.3(a) and (b), 281.5 (except the clause ‘‘Except as provided by * * * Discharge Permits)’’ and the phrase ‘‘radioactive material’’), 281.18(a) (except for the sentence ‘‘For applications for radioactive * * * within 30 days.’’, 281.19(a) (except the last sentence), 281.19(b) (except the phrase ‘‘Except as provided in subsection (c) of this section,’’), 281.20, 281.21(a) (except the phrase ‘‘and the Texas Radiation Control Act * * * Chapter 401.’’), 281.21(b), 281.21(c) (except the phrase ‘‘radioactive materials,’’ in 281.21(c)(2)), 281.21(d) introductory paragraph (except the phrase ‘‘and the Texas Radiation Control Act * * * Chapter 401.’’ and the phrase ‘‘For applications for minor amendments * * * summary is not necessary.’’), 281.21(d)(1)–(6) (except the phrase ‘‘and, for radioactive * * * radiation safety’’ in 281.21(d)(3)), 281.22(a) (except the phrase ‘‘For applications for radioactive * * * to deny the license.’’), 281.22(b) (except the phrase ‘‘or an injection well,’’ in the first sentence and the phrase ‘‘For underground injection wells * * * the same facility or activity.’’), 281.23(a), 281.24; Chapter 305, sections, 305.64(d) and (f), 305.66(c), 305.66(e) (except for the last sentence), 305.66(f)–(l), 305.123 (except the phrase ‘‘and 401 * * * E:\FR\FM\29OCR1.SGM 29OCR1 64258 Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Rules and Regulations regulation)’’, 305.125(1) and (3), 305.125(20), 305.127(1)(B)(i), 305.127(4)(A) and (C), 305.127(6), 305.401(a), 305.401(b) (except the text ‘‘§ 39.3 of this title (relating to Purpose) * * * § 55.21 of this title (relating to Requests for Contested Case Hearings, Public Comment’’), 305.401(d)–(h); and Chapter 335, sections 335.2(b), 335.43(b), 335.206, 335.391 through 335.393. (3) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the authorized program, and are not incorporated by reference: (i) Texas Health and Safety Code (THSC) Annotated, (Vernon 2001): Chapter 361, The Texas Solid Waste Disposal Act, sections 361.131 through 140; Chapter 371, Texas Oil Collection, Management, and Recycling Act, sections 371.021, 371.022, 371.024(e), 371.0245, 371.0246, 371.025, and 371.026(c). (ii) Texas Administrative Code (TAC), Title 30, Environmental Quality, 2002, as amended, effective through December 31, 2001: Chapter 305, sections 305.53, 305.64(b)(4), 305.127(1)(G); Chapter 335, sections 335.321 through 335.332, and Appendices I and II. Effective date of authorized provision State provision 11/7/91 35.6(a) ......................................................................................... 7/29/92 335.6(c) introductory paragraph .................................................. 7/29/92 335.6(g) ....................................................................................... 7/29/92 335.10(b)(22) ............................................................................... 335.24(b) introductory paragraph ............................................... 7/27/88 3/1/96 335.24(c) introductory paragraph ................................................ 3/1/96 335.41(c) ..................................................................................... 335.45(b) ..................................................................................... 335.204(a)(1) ............................................................................... 335.204(b)(1) ............................................................................... 335.204(b)(6) ............................................................................... 335.204(c)(1) ............................................................................... 335.204(d)(1) ............................................................................... 335.204(e)(6) ............................................................................... mstockstill on PROD1PC66 with RULES9 335.2(c) ....................................................................................... 9/1/86 9/1/86 5/28/86 5/28/86 5/28/86 5/28/86 5/28/86 5/28/86 (ii) The actual State regulatory text authorized by EPA (i.e., without the unauthorized amendments) is available as a separate document, Addendum to the EPA-Approved Texas Regulatory and Statutory Requirements Applicable to the Hazardous Waste Management Program, June, 2005. Copies of the document can be obtained from U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202. (5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region VI and the State of Texas, signed by the Executive Director of the Texas Natural Resource Conservation Commission (TNRCC) on April 26, VerDate Aug<31>2005 17:40 Oct 28, 2008 Jkt 217001 Unauthorized State Amendments Texas register reference 18 18 18 22 23 17 20 20 21 21 22 23 TexReg 2799 .................................................... TexReg 8218 .................................................... TexReg 2799 .................................................... TexReg 12060 .................................................. TexReg 10878 .................................................. TexReg 8010 .................................................... TexReg 2709 .................................................... TexReg 3722 .................................................... Tex Reg 1425 ................................................... TexReg 2400 .................................................... TexReg 12060 .................................................. TexReg 10878 .................................................. 18 22 23 17 21 23 21 23 18 17 16 16 16 16 16 16 TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg 3814 .................................................... 12060 .................................................. 10878 .................................................. 8010 .................................................... 10983 .................................................. 10878 .................................................. 10983 .................................................. 10878 .................................................. 8218 .................................................... 5017 .................................................... 6065 .................................................... 6065 .................................................... 6065 .................................................... 6065 .................................................... 6065 .................................................... 6065 .................................................... 2000, and by the EPA Regional Administrator on June 14, 2000, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (6) Statement of Legal Authority. ‘‘Attorney General’s Statement for Final Authorization’’, signed by the Attorney General of Texas on May 22, 1984 and revisions, supplements, and addenda to that Statement dated November 21, 1986, July 21, 1988, December 4, 1989, April 11, 1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8, 1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended February PO 00000 Frm 00080 Fmt 4700 (4)(i) Unauthorized State Amendments. The following authorized provisions of the Texas regulations include amendments published in the Texas Register that are not approved by EPA. Such unauthorized amendments are not part of the State’s authorized program and are, therefore, not Federally enforceable. Thus, notwithstanding the language in the Texas hazardous waste regulations incorporated by reference at paragraph (c)(1)(i) of this section, EPA will enforce the State provisions that are actually authorized by EPA. The effective dates of the State’s authorized provisions are listed in the following Table. Sfmt 4700 Effective date 5/12/93 11/23/93 5/12/93 12/15/97 10/19/98 .................... 11/27/92 4/24/95 5/30/95 3/01/96 3/06/96 12/15/97 10/19/98 6/28/93 12/15/97 10/19/98 11/27/92 11/20/96 10/19/98 11/20/96 10/19/98 11/23/93 7/29/92 11/07/91 11/07/91 11/07/91 11/07/91 11/07/91 11/07/91 7, 1997, March 11, 1997, January 5, 1999, November 2, 1999, and March 1, 2002 are referenced as part of the authorized hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. (7) Program Description. The Program Description and any other materials submitted as part of the original application or as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. 3. Appendix A to part 272, State Requirements, is amended by revising E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Rules and Regulations the listing for ‘‘Texas’’ to read as follows: Appendix A to Part 272—State Requirements mstockstill on PROD1PC66 with RULES9 * * * * * Texas The statutory provisions include: Texas Health and Safety Code (THSC) Annotated, (Vernon 2001): Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003 (except (3), (4), (19), (27), (35), and (39)), 361.066(a), 361.082(a), 361.082(f), 361.086, 361.087, 361.093, 361.094, 361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas Oil Collection, Management, and Recycling Act, sections 371.003, 371.024(b), 371.026(d), and 371.041. Copies of the Texas statutes that are incorporated by reference are available from West Publishing Company, 620 Opperman Drive, P. O. Box 64526, St. Paul, Minnesota 55164–0526; Phone: 1–800–328–4880; Web site: http://west.thomson.com. The regulatory provisions include: Texas Administrative Code (TAC), Title 30, Environmental Quality, 2002, as amended, effective through December 31, 2001. Please note that the 2002 TAC, Title 30 is the most recent version of the Texas authorized hazardous waste regulations. For a few provisions, the authorized version is found in the TAC, Title 30, Environmental Quality dated January 1, 1994, January 1, 1997, or December 31, 1999. Texas made subsequent changes to these provisions but these changes have not been authorized by EPA. The provisions from earlier sets of regulations are noted in the table below. Chapter 20, Section 20.15; Chapter 35, Section 35.402(e); Chapter 39, Sections 39.5(g), 39.11, 39.103(a)(2), (b), (d)(4), and (g), 39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (11), and (13)), 39.503(d); Chapter 55, Sections 55.25(b)(1)–(3), 55.152(b), 55.154, and 55.156(b)(1); Chapter 281, Section 281.3(c); Chapter 305—Sections 305.1(a) (except the reference to Chapter 401, relative to Radioactive Materials); 305.2 introductory paragraph (except the references to Chapter 401, relative to Radioactive Materials), 305.2(1), (6), (12), (13), (16), (17), (21), (25), (27)–(29), (32), and (41)–(43); 305.29(a), (January 1, 1997); 305.30; 305.41 (except the reference to Chapter 401, relative to Radioactive Materials); 305.42(a), (b), and (d); 305.43(b); 305.44 (except (d)); 305.45(a) (except (a)(7)(I) and the phrase ‘‘§ 305.54 of this title * * * Content of Applications),’’ in 305.45(a)(8)(C)); 305.45(b); 305.47; 305.50 introductory paragraph–(3) (except the last two sentences in 305.50(2)); 305.50(4) introductory paragraph and (A); 305.50(4)(B)–(D), (January 1, 1994); 305.50(4)(G); 305.50(5)–(8), (13) and (14); 305.51; 305.61; 305.62(a) (except the phrase in the first sentence ‘‘§ 305.70 of this title * * * Solid Waste Class I Modifications’’ and the phrase in the fifth sentence ‘‘If the permittee requests a modification of a municipal solid waste permit * * * § 305.70 of this title.’’); 305.62(b); 305.62(c), (January 1, 1997); 305.62(d) (except (d)(6)); 305.62(e)– (h); 305.63(a) introductory paragraph (except VerDate Aug<31>2005 17:40 Oct 28, 2008 Jkt 217001 first sentence); 305.63(a)(1) and (2); 305.63(a)(3) (except last sentence); 305.63(a)(4)–(6); 305.64(a), 305.64(b) (except (4) and (5)); 305.64(c); 305.64(e); 305.64(g), (December 31, 1999); 305.66(a) (except (7)– (9)); 305.66(d); 305.67 (except (c)); 305.69(a)– (h), (January 1, 1997); 305.69(i)–(k) (except (k) A.8–A.10); 305.121 (except the phrase ‘‘radioactive material disposal’’); 305.122(a)– (c); 305.124; 305.125 (except (1), (3), the last two sentences in (5), (6), (9)(C), the phrase ‘‘as otherwise required by Chapter 336 of this title’’ relative to Radioactive Substances in (11)(B), (20), and (22)); 305.125(6), (January 1, 1997); 305.127 introductory paragraph; 305.127(1)(B)(iii), (E) and (F); 305.127(2); 305.127(3)(A) (except the last two sentences); 305.127(3)(B) and (C); 305.127(4)(B) and (5)(C); 305.128; 305.141 through 305.145; 305.146 introductory paragraph and (1), (January 1, 1997); 305.150; 305.171 through 305.175; 305.181 through 305.184; 305.191 through 305.194; 305.401(c); 305.571 through 305.573; Chapter 324—Used Oil—Sections 324.1 through 324.2(6); 324.2(7)–(9), (January 1, 1997); 324.3; 324.4, (January 1, 1997); 324.6; 324.7, (January 1, 1997); 324.11 through 324.14; 324.15, (January 1, 1997); 324.16; 324.21, (January 1, 1997); Chapter 335, Subchapter A—Industrial Solid Waste and Municipal Hazardous Waste in General—Sections 335.1 introductory paragraph—(4), (6)–(13), (17), (18), (20)–(24), (27), (29), (30), (32)–(39), (40) (except for the phrase ‘‘or is used for neutralizing the pH of non-hazardous industrial solid waste’’), (41)– (43), (45)–(50), (52)–(58), (61)–(70), (72)–(79), (80)–(85) (except the phrase ‘‘solid waste or’’ in each subsection), (86)–(89), (90) (except the phrase ‘‘solid waste or’’), (91)–(105), (107) (except the phrase ‘‘solid waste’’), (108), (112), (113) (except the phrase ‘‘solid waste’’), (114)–(117); 335.1(119) (December 31, 1999); 335.1(121)–(125), (127), (128), (129)(A)–(G) (except the phrase ‘‘Except for materials described in subparagraph (H) of this paragraph.’’, at (129)(D) and (G) introductory paragraphs, (129)(I) and (J), (130), (132)–(141) (except the phrase ‘‘solid waste or’’ at (134), (137) and (139)), (142) (except the phrase ‘‘or industrial solid’’), (143), (144), (145) (except the phrase ‘‘or industrial solid’’), (146) (except the phrase ‘‘or industrial solid’’), (148)–(150), (151) (except the phrase ‘‘solid waste or’’), (152)– (157), (158) (except the phrase ‘‘or industrial solid’’), (159)–(160), (161) (except the phrase ‘‘solid waste or’’); 335.2(a) and (c); 335.2(d), (January 1, 1997); 335.2(e)–(g); 335.2(i), (j) and (l); 335.4; 335.5; 335.6(a); 335.6(b), (January 1, 1997); 335.6(c); 335.6(d) and (e), (January 1, 1994); 335.6(f)–(j); 335.7, (December 31, 1999); 335.8(a)(1) and (2); 335.9(a) (except (a)(2) and (3)); 335.9(a)(2) and (3), (January 1, 1997); 335.9(b), (January 1, 1994); 335.10(a) introductory paragraph and (a)(1), (January 1, 1994); 335.10(a)(3) (except the phrase, ‘‘unless the generator is identified in paragraph (2) of this section’’); 335.10(a)(4); 335.10(a)(6); 335.10(b) (except 335.10(b)(5), (8), and (18)); 335.10(b)(5), (8), and (18), (January 1, 1994); 335.10(c) (except the phrase ‘‘the United States customs official,’’); 335.10(d)–(f); 335.11 (except 11(d)); 335.12 (except 335.12(a)(5) and (d)); PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 64259 335.13(a), (January 1, 1997); 335.13(c) and (d), (January 1, 1994); 335.13(e) and (f), (January 1, 1997); 335.13(g), (January 1, 1994); 335.14; 335.15 introductory paragraph, (January 1, 1994); 335.15(1); 335.17(a); 335.18 (except 335.18(b)); 335.19 (except 335.19(d)); 335.20 through 335.22; 335.23 (except 335.23(2)); 335.23(2), (January 1, 1994); 335.24(a)–(f); 335.24(j) and (k); 335.29 through 335.31; Chapter 335, Subchapter B—Hazardous Waste Management General Provisions— 335.41(a)–(h); 335.41(j); 335.43 and 335.44, (December 31, 1999); 335.45; 335.47 (except 335.47(b) and the second sentence in 335.47(c)(3)); 335.47(b), (December 31, 1999); Chapter 335, Subchapter C—Standards Applicable to Generators of Hazardous Waste—335.61 (except (f)); 335.62; 335.63; 335.65 through 335.69 (except 335.69(i)); 335.70; 335.71, (January 1, 1994); 335.73; 335.74; 335.76 (except 335.76(a), (b)(1), (f) and (h)); 335.76(a), (b)(1), and (f), (January 1, 1997); 335.77; 335.78 (except (b), (d)(2), (e) introductory paragraph, (f)(2), and (g)(2)); 335.78(b), (e) introductory paragraph, (f)(2), and (g)(2), (January 1, 1997); Chapter 335, Subchapter D—Standards Applicable to Transporters of Hazardous Waste—335.91 (except 335.91(e)); 335.92; 335.93 (except 335.93(e)); 335.93(e), (December 31, 1999); 335.94 (except the phrase ‘‘owned or operated by a registered transporter’’ in (a) introductory paragraph); Chapter 335, Subchapter E—Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities—335.111; 335.112 (except (a)(7), (a)(17), (b)(4)(I) and (J), and (b)(7)); 335.112(a)(7), (January 1, 1997); 335.113; 335.114, (January 1, 1997); 335.115 introductory paragraph, (January 1, 1997); 335.115 (1)–(4); 335.116; 335.117 (except (a)(2)(B), (a)(2)(C), and (b)(2)); 335.117(a)(2)(B), (a)(2)(C), and (b)(2) (January 1, 1997); 335.118 through 335.127; Chapter 335, Subchapter F—Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities—335.151; 335.152 (except (a)(4), (a)(6), and (c)(5)–(7)); 335.152(a)(4), (a)(6), (January 1, 1997); 335.153; 335.154, (January 1, 1997); 335.155 introductory paragraph, (January 1, 1997); 335.155 (1)–(3); 335.156 through 335.166; 335.167(a); 335.167(b) and (c), (December 31, 1999); 335.168 through 335.178; Chapter 335, Subchapter G—Location Standards for Hazardous Waste Storage, Processing, or Disposal—335.201 (a) (except (a)(3)); 335.201(c); 335.202 introductory paragraph, (2), (4), (9)–(11), (13), (15)–(18); 335.203; 335.204(a) introductory paragraph— (5); 335.204(b)(1)–(6); 335.204(c)(1)–(5); 335.204(d)(1)–(5); 335.204(e) introductory paragraph; 335.204(e)(1) introductory paragraph (except the phrase ‘‘Except as * * * (B) of this paragraph,’’ and the word ‘‘event’’ at the end of the paragraph); 335.204(e)(2)–(7); 335.204(f); 335.205(a) introductory paragraph—(2) and (e); Chapter 335, Subchapter H—Standards for the Management of Specific Wastes and Specific Types of Facilities—335.211; 335.212; 335.213, (January 1, 1997); 335.214; 335.221 (except (a)(1)(B)); 335.222 through E:\FR\FM\29OCR1.SGM 29OCR1 64260 Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Rules and Regulations 335.225; 335.241 (except (b)(4) and (d)); 335.241(d), (January 1, 1997); 335.251; 335.261 (except (e)); 335.271; 335.272; Chapter 335, Subchapter O—Land Disposal Restrictions—335.431; Chapter 335, Subchapter R—Waste Classification— 335.504 introductory paragraph—(2); 335.504(3) and (4), (December 31, 1999). Copies of the Texas regulations that are incorporated by reference are available from West Publishing Company, 620 Opperman Drive, P.O. Box 64526, St. Paul, Minnesota 55164–0526; Phone: 1–800–328–4880; Web site: http://west.thomson.com. * * * * * [FR Doc. E8–25589 Filed 10–28–08; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [CS Docket No. 98–120; FCC 08–224] Carriage of Digital Television Broadcast Signals Federal Communications Commission. ACTION: Final rule. mstockstill on PROD1PC66 with RULES9 AGENCY: SUMMARY: In this document, the Commission clarifies a number of existing rules relating to cable carriage of digital signals. As explained, the carriage elections that must be made by October 1, 2008, will determine a station’s carriage rights throughout the entire 2009–2011 carriage election cycle. We also clarify the channel placement options applicable to digital must-carry stations, based upon the First Report and Order and the statute. Also, for those low-power stations that have the right to demand carriage by cable operators, we clarify that their statutory carriage rights extend to broadcasting in digital. DATES: Effective October 29, 2008. ADDRESSES: You may submit comments, identified by FCC 08–224, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web Site: http:// www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202–418–0530 or TTY: 202– 418–0432. For detailed instructions for submitting comments and additional VerDate Aug<31>2005 17:40 Oct 28, 2008 Jkt 217001 information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, please contact Lyle Elder, Lyle.Elder@fcc.gov, of the Policy Division, Media Bureau, (202) 418– 2120, or Eloise Gore, Eloise.Gore@fcc.gov, of the Media Bureau, (202) 418–7200. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission’s Declaratory Ruling in FCC 08–224, adopted September 24, 2008, and released September 26, 2008. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, SW., CY–A257, Washington, DC 20554. These documents will also be available via ECFS (http://www.fcc.gov/ cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/ or Adobe Acrobat.) The complete text may be purchased from the Commission’s copy contractor, 445 12th Street, SW., Room CY–B402, Washington, DC 20554. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Summary of the Final Rule I. Introduction 1. Pursuant to section 614(b)(4)(B) of the Communications Act of 1934, as amended (the ‘‘Act’’), the Commission initiated this proceeding in 1998 to address the responsibilities of cable television operators with respect to carriage of digital broadcasters in light of the significant changes to the broadcasting and cable television industries resulting from the Nation’s transition to digital television. Now that Congress has established February 17, 2009, as the date certain for the end of analog broadcasts by full-power television licensees, and low-power and class A television licensees are beginning their transition to digital broadcast, we must further clarify the digital carriage responsibilities of cable operators. 2. Specifically, we clarify that the carriage elections that must be made by October 1, 2008, will determine a station’s carriage rights throughout the entire 2009–2011 carriage election PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 cycle. We also clarify the channel placement options applicable to digital must-carry stations, based upon the First Report and Order, 66 FR 16533, March 26, 2001, and the statute. Low-power broadcasters, while not required to make their transition to digital by February 17, 2009, nevertheless are doing so in increasing numbers, and will continue to do so of their own volition. For those low-power stations that have the right to demand carriage by cable operators, we clarify that their statutory carriage rights extend to broadcasting in digital. II. Background 3. Under the Act, cable systems are presumptively required to carry all local television stations in all television markets they serve. Commercial television stations may, however, choose to be carried pursuant to voluntary retransmission consent agreements rather than by mandatory carriage. Generally, every three years commercial television stations must elect to either grant retransmission consent or pursue their mandatory carriage rights. Noncommercial television stations may only elect mandatory carriage, but are nonetheless free to negotiate carriage with cable operators. 4. In this docket, the Commission has determined the broadcast signal carriage responsibilities of cable television operators during and after the transition is completed. The statutory provision triggering this rulemaking is found in section 614(b)(4)(B) of the Act, which states: 5. At such time as the Commission prescribes modifications of the standards for television broadcast signals, the Commission shall initiate a proceeding to establish any changes in the signal carriage requirements of cable television systems necessary to ensure cable carriage of such broadcast signals of local commercial television stations which have been changed to conform with such modified standards. 6. The Notice of Proposed Rulemaking (‘‘1998 NPRM’’) in this proceeding sought to amend the cable television broadcast signal carriage rules, embodied in must-carry and retransmission consent, to accommodate the carriage of digital broadcast television signals. 7. The Commission’s First Report and Order and Further Notice of Proposed Rulemaking in this proceeding adopted rules for carriage of digital broadcast signals pursuant to retransmission consent and mandatory carriage when a local television station is broadcasting only a digital signal. The Commission E:\FR\FM\29OCR1.SGM 29OCR1

Agencies

[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Rules and Regulations]
[Pages 64252-64260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25589]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2008-0144; FRL-8727-3]


Texas: Final Authorization of State-Initiated Changes and 
Incorporation by Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

-----------------------------------------------------------------------

SUMMARY: During a review of Texas' regulations, the EPA identified a 
variety of State-initiated changes to its hazardous waste program under 
the Resource Conservation and Recovery Act (RCRA). We have determined 
that these changes are minor and satisfy all requirements needed to 
qualify for Final authorization and are authorizing the State-initiated 
changes through this Immediate Final action. In addition, today's 
document corrects technical errors made in the August 18, 1999 and June 
14, 2005 Federal Register authorization documents for Texas.
    The Solid Waste Disposal Act, as amended, commonly referred to as 
the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the Federal 
program. The EPA uses the regulations entitled ``Approved State 
Hazardous Waste Management Programs'' to provide notice of the 
authorization status of State programs and to incorporate by reference 
those provisions of the State statutes and regulations that will be 
subject to the EPA's inspection and enforcement. The rule codifies in 
the regulations the prior approval of Texas' hazardous waste management 
program and incorporates by reference authorized provisions of the 
State's statutes and regulations.

DATES: This regulation is effective December 29, 2008, unless the EPA 
receives adverse written comment on the codification of the Texas 
authorized RCRA program by the close of business November 28, 2008. If 
the EPA receives such comments, it will publish a timely withdrawal of 
this immediate final rule in the Federal Register informing the public 
that this rule will not take effect. The incorporation by reference of 
authorized provisions in the Texas statutes and regulations contained 
in this rule is approved by the Director of the Federal Register as of 
December 29, 2008 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2008-0144 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the online instructions for submitting comments.
    2. E-mail: patterson.alima@epa.gov or Banks.Julia@epa.gov.
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, or Julia Banks, Codification Coordinator, State/Tribal 
Oversight Section (6PD-O), Multimedia Planning and Permitting Division, 
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, or Julia 
Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-
O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be CBI 
or otherwise protected through http://www.regulations.gov, or e-mail. 
The Federal http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an e-mail comment directly to the EPA without going through 
http://www.regulations.gov, your e-mail address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the Internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any disk 
or CD-ROM you submit. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses. You can view and copy the documents 
that form the basis for this authorization and codification and 
associated publicly available materials from 8:30 a.m. to 4 p.m. Monday 
through Friday at the following location: EPA, Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, phone number (214) 665-6444. 
Interested persons wanting to examine these documents should make an 
appointment with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional 
Authorization Coordinator, or Julia Banks, Codification Coordinator, 
State/Tribal Oversight Section (6PD-O), Multimedia Planning and 
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, Phone number: (214) 665-8533, and e-mail address 
patterson.alima@epa.gov or Banks.Julia@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Authorization of State-Initiated Changes

A. Why are Revisions to State Programs Necessary?

    States which have received Final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. As the Federal 
program changes, the States must change their programs and ask the EPA 
to authorize the changes. Changes to State hazardous waste programs may 
be necessary when Federal or State statutory or regulatory authority is 
modified or when certain other changes occur. Most commonly, States 
must change their programs because of changes to the EPA's regulations 
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 
270, 273 and 279. States can also initiate their own changes to their 
hazardous waste program and these changes must then be authorized.

B. What Decisions Have We Made in This Rule?

    We conclude that Texas' revisions to its authorized program meet 
all of the

[[Page 64253]]

statutory and regulatory requirements established by RCRA. We found 
that the State-initiated changes make Texas' rules more clear or 
conform more closely to the Federal equivalents and are so minor in 
nature that a formal application is unnecessary. Therefore, we grant 
Texas final authorization to operate its hazardous waste program with 
the changes described in the table at Section G below. Texas has 
responsibility for permitting Treatment, Storage, and Disposal 
Facilities (TSDFs) within its borders (except in Indian Country) and 
for carrying out all authorized aspects of the RCRA program, subject to 
the limitations of the Hazardous and Solid Waste Amendments of 1984 
(HSWA). New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, the EPA will implement those requirements and 
prohibitions in Texas, including issuing permits, until the State is 
granted authorization to do so.

C. What is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Texas subject to 
RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Texas has enforcement responsibilities under its State hazardous 
waste program for violations of such program, but the EPA retains its 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses, 
or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions after notice to and consultation 
with the State.
    This action does not impose additional requirements on the 
regulated community because the statutes and regulations for which 
Texas is being authorized by today's action are already effective and 
are not changed by today's action.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    The EPA did not publish a proposal before today's rule because we 
view this as a routine program change and do not expect comments that 
oppose this approval. We are providing an opportunity for public 
comment now. In addition to this rule, in the Proposed Rules section of 
today's Federal Register we are publishing a separate document that 
proposes to authorize the State program changes.

E. What Happens If EPA Receives Comments That Oppose This Action?

    If the EPA receives comments that oppose this authorization or the 
incorporation-by-reference of the State program, we will withdraw this 
rule by publishing a timely document in the Federal Register before the 
rule becomes effective. The EPA will base any further decision on the 
authorization of the State program changes, or the incorporation-by-
reference, on the proposal mentioned in the previous paragraph. We will 
then address all public comments in a later final rule. If you want to 
comment on this authorization and incorporation-by-reference, you must 
do so at this time. If we receive comments that oppose only the 
authorization of a particular change to the State hazardous waste 
program or the incorporation-by-reference of the State program, we may 
withdraw only that part of this rule, but the authorization of the 
program changes or the incorporation-by-reference of the State program 
that the comments do not oppose will become effective on the date 
specified above. The Federal Register withdrawal document will specify 
which part of the authorization or incorporation-by-reference of the 
State program will become effective and which part is being withdrawn.

F. For What Has Texas Previously Been Authorized?

    The State of Texas initially received final authorization on 
December 26, 1984 (49 FR 48300), to implement its Base Hazardous Waste 
Management Program. This authorization was clarified in a notice 
published March 26, 1985 (50 FR 11858). Texas received authorization 
for revisions to its program, effective October 4, 1985 (51 FR 3952), 
February 17, 1987 (51 FR 45320), March 15, 1990 (55 FR 7318), July 23, 
1990 (55 FR 21383), October 21, 1991 (56 FR 41626), December 4, 1992 
(57 FR 45719), June 27, 1994 (59 FR 16987), June 27, 1994 (59 FR 
17273), November 26, 1997 (62 FR 47947), December 3, 1997 (62 FR 
49163), October 18, 1999 (64 FR 44836), November 15, 1999 (64 FR 
49673), September 11, 2000 (65 FR 43246), and June 14, 2005 (70 FR 
34371).

G. What Changes Are We Authorizing With Today's Action?

    The State has made amendments to the provisions listed in the 
document which follows. These amendments clarify the State's 
regulations and make the State's regulations more internally 
consistent. The State's laws and regulations, as amended by these 
provisions, provide authority which remains equivalent to and no less 
stringent than the Federal laws and regulations. These State-initiated 
changes satisfy the requirements of 40 CFR 271.21(a). We are granting 
Texas final authorization to carry out the following provisions of the 
State's program in lieu of the Federal program. These provisions are 
analogous to the indicated RCRA statutory provisions or RCRA 
regulations found at 40 CFR as of July 1, 2000. The Texas provisions 
are from the Texas Administrative Code (TAC), Title 30, effective 
December 31, 2001.

------------------------------------------------------------------------
           State requirement              Analogous Federal requirement
------------------------------------------------------------------------
30 TAC 335.1(7) ``Ancillary equipment''  40 CFR 260.10 ``Ancillary
                                          equipment''.
30 TAC 335.1(29) ``Corrective action     40 CFR 260.10 ``Corrective
 management unit'' or ``CAMU''.           action management unit'' or
                                          ``CAMU''.
30 TAC 335.1(37) ``Disposal''..........  40 CFR 260.10 ``Disposal''.
30 TAC 335.1(52) ``Facility''..........  40 CFR 260.10 ``Facility''.
30 TAC 335.1(53) ``Final closure''.....  40 CFR 260.10 ``Final
                                          closure''.
30 TAC 335.1(86) ``Manifest''..........  40 CFR 260.10 ``Manifest''.
30 TAC 335.24(j).......................  40 CFR 261.6(a)(4).
30 TAC 335.24(k).......................  40 CFR 261.6(c)(1) related.
30 TAC 335.29(6).......................  40 CFR 261, Appendix IX.
30 TAC 335.78(j).......................  40 CFR 261.5(j).
30 TAC 335.504(1)......................  40 CFR 261.4(b)(13)-(15).
30 TAC 335.69(a)(1)(D) intro...........  40 CFR 262.34(a)(1)(iv) intro.
30 TAC 335.69(b).......................  40 CFR 262.34(b).
30 TAC 335.69(d).......................  40 CFR 262.34(c)(1).

[[Page 64254]]

 
30 TAC 335.69(f), except (f)(2) &        40 CFR 262.34(d), except (d)(2)
 (f)(4).                                  & (d)(4).
30 TAC 335.69(f)(4), except (f)(4)(C)..  40 CFR 262.34(d)(2).
30 TAC 335.504(1)......................  40 CFR 262.11(a).
30 TAC 335.11(a)(4)....................  40 CFR 263.20(a) (partial
                                          analog).
30 TAC 335.41(e).......................  40 CFR 264.1(g)(1).
30 TAC 335.152(c)(4), except (4)(B),     40 CFR 264 related; no direct
 (C), & (F).                              Federal analog.
30 TAC 335.152(c)(4)(B), (C), & (F)....  40 CFR 264 related, no direct
                                          Federal analog.
30 TAC 335.205(a) intro.--(2)..........  40 CFR 264.18 related; no
                                          direct Federal analog.
30 TAC 335.41(e).......................  40 CFR 265.1(c)(5).
30 TAC 335.112(b)(3)...................  40 CFR 265 related; no direct
                                          Federal analog.
30 TAC 335.112(b)(4) intro through       40 CFR 265 related; no direct
 (b)(4)(D).                               Federal analog.
30 TAC 335.112(b)(4)(E) through (H)....  40 CFR 265 related; no direct
                                          Federal analog.
30 TAC 335.112(b)(4)(K) & (L)..........  40 CFR 265 related; no direct
                                          Federal analog.
30 TAC 335.112(b)(5)...................  40 CFR 265 related; no direct
                                          analog.
30 TAC 335.112(b)(6)...................  40 CFR 265 related; no direct
                                          analog.
30 TAC 335.112(b)(8)-(10)..............  40 CFR 265 related; no direct
                                          analog.
30 TAC 335.124(e)......................  40 CFR 265.112 and 265.113
                                          related.
30 TAC 335.221(a)(1)(A)................  40 CFR 266.100 related.
30 TAC 335.225(b)......................  40 CFR 266.111 related; no
                                          direct Federal analog.
30 TAC 305.62(a).......................  40 CFR 124.5(a).
30 TAC 305.62(b).......................  40 CFR 270.42 related; no
                                          direct Federal analog.
30 TAC 305.62(d) except (d)(3), (d)(5)   40 CFR 270.41(a) except
 & (d)(6).                                270.41(a) (3) & (a)(5).
30 TAC 305.125(1) & (3)................  40 CFR 270.30(a) & (c).
30 TAC 305.50(4)(G)....................  40 CFR 270.10(e)(4).
30 TAC 324.2 intro.....................  40 CFR 279.1 related.
------------------------------------------------------------------------

H. Who Handles Permits After The Authorization Takes Effect?

    This authorization does not affect the status of State permits and 
those permits issued by the EPA because no new substantive requirements 
are a part of these revisions.

I. How does Today's Action Affect Indian Country (18 U.S.C. 1151) in 
Texas?

    Texas is not authorized to carry out its Hazardous Waste Program in 
Indian Country within the State. This authority remains with EPA. 
Therefore, this action has no effect in Indian Country.

II. Technical Corrections

A. Corrections to the August 18, 1999 (64 FR 44836) Authorization 
Document

    1. There are date errors in the table of program revisions 
published in the above referenced authorization notice, specific to the 
following entries:
    (a) Throughout the table, the effective date for TWCA ( 5.103, and 
THSCA Sec. Sec.  361.017 and 361.024 should be ``September 1, 1995''.
    (b) For Checklist 135 (Item 1), the effective date for TWCA ( 5.102 
should be ``Vernon 1988 and 1998 Supplement, effective September 1, 
1985''.
    (c) For Checklist 137 (Item 3), the effective date for THSCA Sec.  
361.003 should be ``September 1, 1997''.
    (d) For Checklist 140, the reference to ``September 18, 1998'' 
following the provision 30 TAC ( 335.29, is incorrect and should be 
``October 19, 1998''. This correction applies to 30 TAC Sec. Sec.  
335.29(4) and (5).
    2. In item 12 on page 44838 of the authorization document, 
``Checklist 114'' should be corrected to read ``Checklist 144''.

B. Corrections to the June 14, 2005 (70 FR 34371) Authorization 
Document

    1. For Checklist 159, the authorization document should include a 
reference to ``335.431(c)'' effective November 15, 2001.
    2. For Checklist 166, the effective date for 335.24(c)(4)(A)-(C) 
should be ``April 4, 1999'' not ``April 14, 1999''.
    3. For checklist 168, the reference to ``305.51(a)(8)'' is 
incorrect and should be ``305.51(c)(8)''.
    4. For checklist 169 the following corrections should be made:
    a. The authorization document entry should include a reference to 
``335.24(c)(4)(C)''effective November 15, 2001;
    b. The authorization document entry should include a reference to 
``335.29(4)'' effective November 15, 2001; and,
    c. The authorization document entry should include a reference to 
``335.221(b)(2)'' effective November 15, 2001.
    5. For checklist 175 the following corrections should be made:
    a. The authorization document entry should include a reference to 
``305.69(k) D.3.g and M.3'' effective November 15, 2001; and,
    b. The authorization document entry should include a reference to 
``335.1 (definition of miscellaneous unit)'' effective November 15, 
2001.
    6. For checklist 181, the authorization document entry should 
include a reference to ``335.1 (definition of lamp)''effective November 
15, 2001.

III. Incorporation-By-Reference

A. What is Codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the Code of Federal Regulations (CFR). Section 
3006(b) of RCRA, as amended, allows the Environmental Protection Agency 
(EPA) to authorize State hazardous waste management programs to operate 
in lieu of the Federal hazardous waste management regulatory program. 
The EPA codifies its authorization of State programs in 40 CFR part 272 
and incorporates by reference State statutes and regulations that the 
EPA will enforce under sections 3007 and 3008 of RCRA and any other 
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the 
CFR should substantially enhance the public's ability to discern the 
current status of the authorized State program and State requirements 
that can be Federally enforced. This effort provides clear notice to 
the public of the scope of the authorized program in each State.

B. What Is the History of the Codification of Texas' Hazardous Waste 
Management Program?

    The EPA incorporated by reference Texas' then authorized hazardous 
waste program effective December 3, 1997 (62

[[Page 64255]]

FR 49163) and November 15, 1999 (64 FR 49673). In this action, EPA is 
revising subpart SS of 40 CFR part 272 to include the recent 
authorization revision actions effective October 18, 1999 (64 FR 
44836), September 11, 2000 (65 FR 43246), and June 14, 2005 (70 FR 
34371).

C. What Codification Decisions Have We Made in This Rule?

    The purpose of today's Federal Register document is to codify 
Texas' base hazardous waste management program and its revisions to 
that program. The EPA provided notices and opportunity for comments on 
the Agency's decisions to authorize the Texas program, and the EPA is 
not now reopening the decisions, nor requesting comments, on the Texas 
authorizations as published in the Federal Register notices specified 
in section F of this document.
    This document incorporates by reference Texas' hazardous waste 
statutes and regulations and clarifies which of these provisions are 
included in the authorized and federally enforceable program. By 
codifying Texas' authorized program and by amending the Code of Federal 
Regulations, the public will be more easily able to discern the status 
of federally approved requirements of the Texas hazardous waste 
management program.
    The EPA is incorporating by reference the Texas authorized 
hazardous waste program in subpart SS of 40 CFR part 272. Section 
272.2201 incorporates by reference Texas' authorized hazardous waste 
statutes and regulations. Section 272.2201 also references the 
statutory provisions (including procedural and enforcement provisions) 
which provide the legal basis for the State's implementation of the 
hazardous waste management program, the Memorandum of Agreement, the 
Attorney General's Statements and the Program Description, which are 
approved as part of the hazardous waste management program under 
Subtitle C of RCRA.

D. What Is the Effect of Texas' Codification on Enforcement?

    The EPA retains its authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions and to issue orders in authorized States. With 
respect to these actions, the EPA will rely on Federal sanctions, 
Federal inspection authorities, and Federal procedures rather than any 
authorized State analogues to these provisions. Therefore, the EPA is 
not incorporating by reference such particular, approved Texas 
procedural and enforcement authorities. Section 272.2201(c)(2) of 40 
CFR lists the statutory and regulatory provisions which provide the 
legal basis for the State's implementation of the hazardous waste 
management program, as well as those procedural and enforcement 
authorities that are part of the State's approved program, but these 
are not incorporated by reference.

E. What State Provisions Are Not Part of the Codification?

    The public needs to be aware that some provisions of Texas 
(hazardous waste management program are not part of the Federally 
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules for which Texas is not authorized, but which have 
been incorporated into the State regulations because of the way the 
State adopted Federal regulations by reference;
    (3) Unauthorized amendments to authorized State provisions; and
    (4) New unauthorized State requirements.
    State provisions that are ``broader in scope'' than the Federal 
program are not part of the RCRA authorized program and EPA will not 
enforce them. Therefore, they are not incorporated by reference in 40 
CFR part 272. For reference and clarity, 40 CFR 272.2201(c)(3) lists 
the Texas regulatory provisions which are ``broader in scope'' than the 
Federal program and which are not part of the authorized program being 
incorporated by reference. ``Broader in scope'' provisions cannot be 
enforced by EPA; the State, however, may enforce such provisions under 
State law.
    Texas has adopted but is not authorized for the following Federal 
rules published in the Federal Register on April 12, 1996 (61 FR 
16290); December 5, 1997 (62 FR 64504); November 8, 2000 (65 FR 67068); 
and December 26, 2000 (65 FR 81373). Therefore, these Federal 
amendments included in Texas' (adoption by reference at 30 Texas 
Administrative Code (TAC) sections: 335.1(123)(A)(iv), 335.112(a)(19) 
and (20), 335.152(a)(17) and (18), and 335.431(c)(1), are not part of 
the State's authorized program and are not part of the incorporation by 
reference addressed by today's Federal Register document.
    Additionally, Texas' hazardous waste regulations include amendments 
which have not been authorized by the EPA. Since the EPA cannot enforce 
a State's requirements which have not been reviewed and authorized in 
accordance with RCRA section 3006 and 40 CFR part 271, it is important 
to be precise in delineating the scope of a State's authorized 
hazardous waste program. Regulatory provisions that have not been 
authorized by the EPA include amendments to previously authorized State 
regulations as well as new State requirements.
    In those instances where Texas has made unauthorized amendments to 
previously authorized sections of State code, the EPA is identifying in 
40 CFR 272.2201(c)(4) any regulations which, while adopted by the State 
and incorporated by reference, include language not authorized by the 
EPA. Those unauthorized portions of the State regulations are not 
Federally enforceable. Thus, notwithstanding the language in Texas 
hazardous waste regulations incorporated by reference at 40 CFR 
272.2201(c)(1), the EPA will only enforce those portions of the State 
regulations that are actually authorized by the EPA. For the 
convenience of the regulated community, the actual State regulatory 
text authorized by the EPA for the citations listed at 272.2201(c)(4) 
(i.e., without the unauthorized amendments) is compiled as a separate 
document, Addendum to the EPA Approved Texas Regulatory Requirements 
Applicable to the Hazardous Waste Management Program, June 2005. This 
document is available from EPA Region 6, Sixth Floor, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, Phone number: (214) 665-8533, EPA Resource 
and Conservation Recovery Act (RCRA) Docket Information Center (5305G), 
1200 Pennsylvania Avenue., NW., Washington DC 20460, National Archives 
and Records Administration (NARA), for information on the availability 
of this material at NARA, call 202-741-6030, and also Texas Commission 
on Environmental Quality, 1700 N. Congress Avenue, Austin, Texas 78711-
3087.
    State regulations that are not incorporated by reference in today's 
rule at 40 CFR 272.2201(c)(1), or that are not listed in 40 CFR 
272.2201(c)(3) (``broader in scope'') or 40 CFR 272.2201(c)(4) 
(``unauthorized amendments to authorized State provisions''), are 
considered new unauthorized State requirements. These requirements are 
not Federally enforceable.

[[Page 64256]]

    With respect to any requirement pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) for which the State has not yet been 
authorized, the EPA will continue to enforce the Federal HSWA standards 
until the State is authorized for these provisions.

F. What Will Be the Effect of Federal HSWA Requirements on the 
Codification?

    The EPA is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) takes effect in authorized and not 
authorized States at the same time. A HSWA requirement or prohibition 
supersedes any less stringent or inconsistent State provision which may 
have been previously authorized by the EPA (50 FR 28702, July 15, 
1985). The EPA has the authority to implement HSWA requirements in all 
States, including authorized States, until the States become authorized 
for such requirement or prohibition. Authorized States are required to 
revise their programs to adopt the HSWA requirements and prohibitions, 
and then to seek authorization for those revisions pursuant to 40 CFR 
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), the 
EPA will wait until the State receives authorization for its analog to 
the new HSWA provision before amending the State's 40 CFR part 272 
incorporation by reference. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirement implemented by the EPA. However, until the EPA authorizes 
those State requirements, the EPA can only enforce the HSWA 
requirements and not the State analogs. The EPA will not codify those 
State requirements until the State receives authorization for those 
requirements.
Statutory and Executive Order Reviews
    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore, this action is not subject to review by OMB. This 
rule incorporated by reference Texas' authorized hazardous waste 
management regulations, and imposes no additional requirements beyond 
those imposed by State law. This final rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Incorporation by 
reference will not impose any new burdens on small entities. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). Because this rule 
merely incorporates by reference certain existing State hazardous waste 
management program requirements which the EPA already approves under 40 
CFR part 271, and does not impose any additional enforceable duty 
beyond that required by State law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely incorporates by reference 
existing State hazardous waste management program requirements without 
altering the relationship or the distribution of power and 
responsibilities established by RCRA. This action also does not have 
Tribal implications within the meaning of Executive Order 13175 (65 FR 
67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks. This action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply 
Distribution or Use'' (66 FR 28344, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a State's application for 
incorporation by reference as long as the State meets the criteria 
required by RCRA. It would thus be inconsistent with applicable law for 
the EPA, when it reviews a State incorporation by reference 
application, to require the use of any particular voluntary consensus 
standard in place of another standard that otherwise satisfies the 
requirements of RCRA. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272) do not apply. The final rule does not include environmental 
justice issues that require consideration under Executive Order 12898 
(59 FR 7629, February 16, 1994). The EPA has complied with Executive 
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States prior to publication in the Federal Register. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Parts 271 and 272

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements.

    Authority: This notice is issued under the authority of Sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: September 17, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
For the reasons set forth in the preamble, 40 CFR parts 271 and 272 are 
amended as follows:

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE 
PROGRAMS

    EPA is granting final authorization under part 271 to the State of 
Texas for revisions to its hazardous waste

[[Page 64257]]

program under the Resource Conservation and Recovery Act.

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Sections 2002(a), 3006, and 7004(b) of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 
6974(b).

Subpart SS--[Amended]

0
2. Subpart SS is amended by revising Sec.  272.2201 to read as follows:


Sec.  272.2201  Texas State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA 
granted Texas final authorization for the following elements as 
submitted to EPA in Texas' Base program application for final 
authorization which was approved by EPA effective on December 26, 1984. 
Subsequent program revision applications were approved effective on 
October 4, 1985, February 17, 1987, March 15, 1990, July 23, 1990, 
October 21, 1991, December 4, 1992, June 27, 1994, November 26, 1997, 
December 3, 1997, October 18, 1999, November 15, 1999, September 11, 
2000, June 14, 2005, and December 29, 2008.
    (b) The State of Texas has primary responsibility for enforcing its 
hazardous waste management program. However, EPA retains the authority 
to exercise its inspection and enforcement authorities in accordance 
with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 
6934, 6973, and any other applicable statutory and regulatory 
provisions, regardless of whether the State has taken its own actions, 
as well as in accordance with other statutory and regulatory 
provisions.
    (c) State Statutes and Regulations. (1) The Texas statutes and 
regulations cited in paragraph (c)(1)(i) of this section are 
incorporated by reference as part of the hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This 
incorporation by reference is approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
of the Texas regulations that are incorporated by reference in this 
paragraph are available from West Publishing Company, 620 Opperman 
Drive, P.O. Box 64526, Saint Paul, MN 55164-0526; Phone: 1-800-328-
4880; Web site: http://west.thomson.com.
    (i) The Binder entitled ``EPA Approved Texas Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated June 2005
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the 
State's implementation of the hazardous waste management program, but 
they are not being incorporated by reference and do not replace Federal 
authorities:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2001); 
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.002, 
361.016, 361.017, 361.018, 361.024(e), 361.032, 361.033, 361.036, 
361.037(a), 361.061, 361.063, 361.064, 361.066(b), 361.067, 361.068(a), 
361.069 first two sentences, 361.078, 361.079, 361.080(a), 361.082(b), 
381.082(c) (except second sentence), 361.082(e), 361.083, 361.084 
(except 361.084(a) and (c)), 361.084(c) (except the phrase ``, or 
evidence of * * * waste management''), 361.085, 361.088(a) and (b), 
361.088(c) (except the phrase ``Except as provided by Subsection (e)'', 
361.089, 361.090, 361.095(b)-(f), 361.096, 361.097, 361.098(a) (except 
the phrase ``Except as provided in Subsections (b) and (c),''), 
361.099(a), 361.100, 361.101, 361.102(a) (except the phrase ``Except as 
provided by Subsections (b) and (c)''), 361.103 through 361.108, 
361.109(a), 361.301, 361.321(a) and (b), 361.321(c) (except the phrase 
``Except as provided by Section 361.322(a)''), 361.321(d), and 
361.321(e) (except the phrase ``Except as provided by Section 
361.322(e)''); Chapter 371, Texas Oil Collection, Management, and 
Recycling Act, sections 371.0025(b) and (c), 371.024(a), 371.024(c) and 
(d), 371.026(a) and (b), 371.028, and 371.043(b).
    (ii) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2002 
Supplement), effective September 1, 2001: Chapter 361, The Texas Solid 
Waste Disposal Act, sections 361.082(h), 361.084(a), 361.088(g), and 
361.114.
    (iii) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 2000), 
effective September 1, 1999, as amended: Chapter 5, sections 5.102 
through 5.105, 5.112, 5.351, and 5.501; Chapter 7, sections 7.051(a), 
7.053 through 7.062, 7.064 through 7.069, 7.075, 7.101, 7.102, 7.104, 
7.107, 7.110, 7.162, 7.163, 7.176, 7.187, 7.189, 7.190, 7.252(1), 
7.351, 7.353; Chapter 26, section 26.011; and Chapter 27, sections 
27.018 and 27.019.
    (iv) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 2002), 
effective September 1, 2001, as amended: Chapter 5, section 5.177; 
Chapter 7, sections 7.031, 7.052(a), and 7.102.
    (v) Texas Government Code (Vernon, 1998), section 311.027, 
effective May 11, 1993.
    (vi) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1994, as amended, effective through January 1, 1994: Chapter 
305, sections 305.91 through 305.93, 305.98, and 305.99.
    (vii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1997, as amended, effective through January 1, 1997: Chapter 
281, sections 281.17(d)-(f); Chapter 305, sections 305.29(b)-(d), 
305.94 and 305.95, 305.97, 305.100, 305.101 (except 305.101(c)), 
305.102, 305.103, and 305.105.
    (viii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2002, as amended, effective through December 31, 2001: Chapter 
39, sections 39.13 (except (10)), 39.413 (except (10)); Chapter 50, 
sections 50.13, 50.19, 50.39, 50.113, 50.119, and 50.139; Chapter 55, 
sections 55.27 (except (b)), 55.201 (except as applicable to contested 
case hearings), and 55.211 (except as applicable to contested case 
hearings); Chapter 70, section 70.10; Chapter 281, sections 281.1 
(except the clause ``except as provided by * * * Prioritization 
Process)''), 281.2 introductory paragraph, 281.2(4), 281.3(a) and (b), 
281.5 (except the clause ``Except as provided by * * * Discharge 
Permits)'' and the phrase ``radioactive material''), 281.18(a) (except 
for the sentence ``For applications for radioactive * * * within 30 
days.'', 281.19(a) (except the last sentence), 281.19(b) (except the 
phrase ``Except as provided in subsection (c) of this section,''), 
281.20, 281.21(a) (except the phrase ``and the Texas Radiation Control 
Act * * * Chapter 401.''), 281.21(b), 281.21(c) (except the phrase 
``radioactive materials,'' in 281.21(c)(2)), 281.21(d) introductory 
paragraph (except the phrase ``and the Texas Radiation Control Act * * 
* Chapter 401.'' and the phrase ``For applications for minor amendments 
* * * summary is not necessary.''), 281.21(d)(1)-(6) (except the phrase 
``and, for radioactive * * * radiation safety'' in 281.21(d)(3)), 
281.22(a) (except the phrase ``For applications for radioactive * * * 
to deny the license.''), 281.22(b) (except the phrase ``or an injection 
well,'' in the first sentence and the phrase ``For underground 
injection wells * * * the same facility or activity.''), 281.23(a), 
281.24; Chapter 305, sections, 305.64(d) and (f), 305.66(c), 305.66(e) 
(except for the last sentence), 305.66(f)-(l), 305.123 (except the 
phrase ``and 401 * * *

[[Page 64258]]

regulation)'', 305.125(1) and (3), 305.125(20), 305.127(1)(B)(i), 
305.127(4)(A) and (C), 305.127(6), 305.401(a), 305.401(b) (except the 
text ``Sec.  39.3 of this title (relating to Purpose) * * * Sec.  55.21 
of this title (relating to Requests for Contested Case Hearings, Public 
Comment''), 305.401(d)-(h); and Chapter 335, sections 335.2(b), 
335.43(b), 335.206, 335.391 through 335.393.
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, and are not incorporated by reference:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon 2001): 
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.131 
through 140; Chapter 371, Texas Oil Collection, Management, and 
Recycling Act, sections 371.021, 371.022, 371.024(e), 371.0245, 
371.0246, 371.025, and 371.026(c).
    (ii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2002, as amended, effective through December 31, 2001: Chapter 
305, sections 305.53, 305.64(b)(4), 305.127(1)(G); Chapter 335, 
sections 335.321 through 335.332, and Appendices I and II.
    (4)(i) Unauthorized State Amendments. The following authorized 
provisions of the Texas regulations include amendments published in the 
Texas Register that are not approved by EPA. Such unauthorized 
amendments are not part of the State's authorized program and are, 
therefore, not Federally enforceable. Thus, notwithstanding the 
language in the Texas hazardous waste regulations incorporated by 
reference at paragraph (c)(1)(i) of this section, EPA will enforce the 
State provisions that are actually authorized by EPA. The effective 
dates of the State's authorized provisions are listed in the following 
Table.

------------------------------------------------------------------------
                               Effective   Unauthorized State Amendments
                                date of   ------------------------------
       State provision         authorized   Texas register    Effective
                               provision       reference         date
------------------------------------------------------------------------
 335.2(c)...................      11/7/91   18 TexReg 2799.      5/12/93
                                            18 TexReg 8218.     11/23/93
 35.6(a)....................      7/29/92   18 TexReg 2799.      5/12/93
                                            22 TexReg 12060     12/15/97
                                            23 TexReg 10878     10/19/98
 335.6(c) introductory            7/29/92   17 TexReg 8010.  ...........
 paragraph.
                                            20 TexReg 2709.     11/27/92
                                            20 TexReg 3722.      4/24/95
                                            21 Tex Reg 1425      5/30/95
                                            21 TexReg 2400.      3/01/96
                                            22 TexReg 12060      3/06/96
                                            23 TexReg 10878     12/15/97
                                                                10/19/98
 335.6(g)...................      7/29/92   18 TexReg 3814.      6/28/93
                                            22 TexReg 12060     12/15/97
                                            23 TexReg 10878     10/19/98
 335.10(b)(22)..............      7/27/88   17 TexReg 8010.     11/27/92
 335.24(b) introductory            3/1/96   21 TexReg 10983     11/20/96
 paragraph.
                                            23 TexReg 10878     10/19/98
 335.24(c) introductory            3/1/96   21 TexReg 10983     11/20/96
 paragraph.
                                            23 TexReg 10878     10/19/98
 335.41(c)..................       9/1/86   18 TexReg 8218.     11/23/93
 335.45(b)..................       9/1/86   17 TexReg 5017.      7/29/92
 335.204(a)(1)..............      5/28/86   16 TexReg 6065.     11/07/91
 335.204(b)(1)..............      5/28/86   16 TexReg 6065.     11/07/91
 335.204(b)(6)..............      5/28/86   16 TexReg 6065.     11/07/91
 335.204(c)(1)..............      5/28/86   16 TexReg 6065.     11/07/91
 335.204(d)(1)..............      5/28/86   16 TexReg 6065.     11/07/91
 335.204(e)(6)..............      5/28/86   16 TexReg 6065.     11/07/91
------------------------------------------------------------------------

    (ii) The actual State regulatory text authorized by EPA (i.e., 
without the unauthorized amendments) is available as a separate 
document, Addendum to the EPA-Approved Texas Regulatory and Statutory 
Requirements Applicable to the Hazardous Waste Management Program, 
June, 2005. Copies of the document can be obtained from U.S. EPA Region 
6, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region VI and the State of Texas, signed by the Executive Director 
of the Texas Natural Resource Conservation Commission (TNRCC) on April 
26, 2000, and by the EPA Regional Administrator on June 14, 2000, is 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Texas on 
May 22, 1984 and revisions, supplements, and addenda to that Statement 
dated November 21, 1986, July 21, 1988, December 4, 1989, April 11, 
1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8, 
1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended 
February 7, 1997, March 11, 1997, January 5, 1999, November 2, 1999, 
and March 1, 2002 are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.
    (7) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.
    3. Appendix A to part 272, State Requirements, is amended by 
revising

[[Page 64259]]

the listing for ``Texas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Texas

    The statutory provisions include:
    Texas Health and Safety Code (THSC) Annotated, (Vernon 2001): 
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003 
(except (3), (4), (19), (27), (35), and (39)), 361.066(a), 
361.082(a), 361.082(f), 361.086, 361.087, 361.093, 361.094, 
361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas Oil 
Collection, Management, and Recycling Act, sections 371.003, 
371.024(b), 371.026(d), and 371.041.
    Copies of the Texas statutes that are incorporated by reference 
are available from West Publishing Company, 620 Opperman Drive, P. 
O. Box 64526, St. Paul, Minnesota 55164-0526; Phone: 1-800-328-4880; 
Web site: http://west.thomson.com.
    The regulatory provisions include:
    Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2002, as amended, effective through December 31, 2001. 
Please note that the 2002 TAC, Title 30 is the most recent version 
of the Texas authorized hazardous waste regulations. For a few 
provisions, the authorized version is found in the TAC, Title 30, 
Environmental Quality dated January 1, 1994, January 1, 1997, or 
December 31, 1999. Texas made subsequent changes to these provisions 
but these changes have not been authorized by EPA. The provisions 
from earlier sets of regulations are noted in the table below.
    Chapter 20, Section 20.15; Chapter 35, Section 35.402(e); 
Chapter 39, Sections 39.5(g), 39.11, 39.103(a)(2), (b), (d)(4), and 
(g), 39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (11), and 
(13)), 39.503(d); Chapter 55, Sections 55.25(b)(1)-(3), 55.152(b), 
55.154, and 55.156(b)(1); Chapter 281, Section 281.3(c);
    Chapter 305--Sections 305.1(a) (except the reference to Chapter 
401, relative to Radioactive Materials); 305.2 introductory 
paragraph (except the references to Chapter 401, relative to 
Radioactive Materials), 305.2(1), (6), (12), (13), (16), (17), (21), 
(25), (27)-(29), (32), and (41)-(43); 305.29(a), (January 1, 1997); 
305.30; 305.41 (except the reference to Chapter 401, relative to 
Radioactive Materials); 305.42(a), (b), and (d); 305.43(b); 305.44 
(except (d)); 305.45(a) (except (a)(7)(I) and the phrase ``Sec.  
305.54 of this title * * * Content of Applications),'' in 
305.45(a)(8)(C)); 305.45(b); 305.47; 305.50 introductory paragraph-
(3) (except the last two sentences in 305.50(2)); 305.50(4) 
introductory paragraph and (A); 305.50(4)(B)-(D), (January 1, 1994); 
305.50(4)(G); 305.50(5)-(8), (13) and (14); 305.51; 305.61; 
305.62(a) (except the phrase in the first sentence ``Sec.  305.70 of 
this title * * * Solid Waste Class I Modifications'' and the phrase 
in the fifth sentence ``If the permittee requests a modification of 
a municipal solid waste permit * * * Sec.  305.70 of this title.''); 
305.62(b); 305.62(c), (January 1, 1997); 305.62(d) (except (d)(6)); 
305.62(e)-(h); 305.63(a) introductory paragraph (except first 
sentence); 305.63(a)(1) and (2); 305.63(a)(3) (except last 
sentence); 305.63(a)(4)-(6); 305.64(a), 305.64(b) (except (4) and 
(5)); 305.64(c); 305.64(e); 305.64(g), (December 31, 1999); 
305.66(a) (except (7)-(9)); 305.66(d); 305.67 (except (c)); 
305.69(a)-(h), (January 1, 1997); 305.69(i)-(k) (except (k) A.8-
A.10); 305.121 (except the phrase ``radioactive material 
disposal''); 305.122(a)-(c); 305.124; 305.125 (except (1), (3), the 
last two sentences in (5), (6), (9)(C), the phrase ``as otherwise 
required by Chapter 336 of this title'' relative to Radioactive 
Substances in (11)(B), (20), and (22)); 305.125(6), (January 1, 
1997); 305.127 introductory paragraph; 305.127(1)(B)(iii), (E) and 
(F); 305.127(2); 305.127(3)(A) (except the last two sentences); 
305.127(3)(B) and (C); 305.127(4)(B) and (5)(C); 305.128; 305.141 
through 305.145; 305.146 introductory paragraph and (1), (January 1, 
1997); 305.150; 305.171 through 305.175; 305.181 through 305.184; 
305.191 through 305.194; 305.401(c); 305.571 through 305.573;
    Chapter 324--Used Oil--Sections 324.1 through 324.2(6); 
324.2(7)-(9), (January 1, 1997); 324.3; 324.4, (January 1, 1997); 
324.6; 324.7, (January 1, 1997); 324.11 through 324.14; 324.15, 
(January 1, 1997); 324.16; 324.21, (January 1, 1997);
    Chapter 335, Subchapter A--Industrial Solid Waste and Municipal 
Hazardous Waste in General--Sections 335.1 introductory paragraph--
(4), (6)-(13), (17), (18), (20)-(24), (27), (29), (30), (32)-(39), 
(40) (except for the phrase ``or is used for neutralizing the pH of 
non-hazardous industrial solid waste''), (41)-(43), (45)-(50), (52)-
(58), (61)-(70), (72)-(79), (80)-(85) (except the phrase ``solid 
waste or'' in each subsection), (86)-(89), (90) (except the phrase 
``solid waste or''), (91)-(105), (107) (except the phrase ``solid 
waste''), (108), (112), (113) (except the phrase ``solid waste''), 
(114)-(117); 335.1(119) (December 31, 1999); 335.1(121)-(125), 
(127), (128), (129)(A)-(G) (except the phrase ``Except for materials 
described in subparagraph (H) of this paragraph.'', at (129)(D) and 
(G) introductory paragraphs, (129)(I) and (J), (130), (132)-(141) 
(except the phrase ``solid waste or'' at (134), (137) and (139)), 
(142) (except the phrase ``or industrial solid''), (143), (144), 
(145) (except the phrase ``or industrial solid''), (146) (except the 
phrase ``or industrial solid''), (148)-(150), (151) (except the 
phrase ``solid waste or''), (152)-(157), (158) (except the phrase 
``or industrial solid''), (159)-(160), (161) (except the phrase 
``solid waste or''); 335.2(a) and (c); 335.2(d), (January 1, 1997); 
335.2(e)-(g); 335.2(i), (j) and (l); 335.4; 335.5; 335.6(a); 
335.6(b), (January 1, 1997); 335.6(c); 335.6(d) and (e), (January 1, 
1994); 335.6(f)-(j); 335.7, (December 31, 1999); 335.8(a)(1) and 
(2); 335.9(a) (except (a)(2) and (3)); 335.9(a)(2) and (3), (January 
1, 1997); 335.9(b), (January 1, 1994); 335.10(a) introductory 
paragraph and (a)(1), (January 1, 1994); 335.10(a)(3) (except the 
phrase, ``unless the generator is identified in paragraph (2) of 
this section''); 335.10(a)(4); 335.10(a)(6); 335.10(b) (except 
335.10(b)(5), (8), and (18)); 335.10(b)(5), (8), and (18), (January 
1, 1994); 335.10(c) (except the phrase ``the United States customs 
official,''); 335.10(d)-(f); 335.11 (except 11(d)); 335.12 (except 
335.12(a)(5) and (d)); 335.13(a), (January 1, 1997); 335.13(c) and 
(d), (January 1, 1994); 335.13(e) and (f), (January 1, 1997); 
335.13(g), (January 1, 1994); 335.14; 335.15 introductory paragraph, 
(January 1, 1994); 335.15(1); 335.17(a); 335.18 (except 335.18(b)); 
335.19 (except 335.19(d)); 335.20 through 335.22; 335.23 (except 
335.23(2)); 335.23(2), (January 1, 1994); 335.24(a)-(f); 335.24(j) 
and (k); 335.29 through 335.31;
    Chapter 335, Subchapter B--Hazardous Waste Management General 
Provisions--335.41(a)-(h); 335.41(j); 335.43 and 335.44, (December 
31, 1999); 335.45; 335.47 (except 335.47(b) and the second sentence 
in 335.47(c)(3)); 335.47(b), (December 31, 1999);
    Chapter 335, Subchapter C--Standards Applicable to Generators of 
Hazardous Waste--335.61 (except (f)); 335.62; 335.63; 335.65 through 
335.69 (except 335.69(i)); 335.70; 335.71, (January 1, 1994); 
335.73; 335.74; 335.76 (except 335.76(a), (b)(1), (f) and (h)); 
335.76(a), (b)(1), and (f), (January 1, 1997); 335.77; 335.78 
(except (b), (d)(2), (e) introductory paragraph, (f)(2), and 
(g)(2)); 335.78(b), (e) introductory paragraph, (f)(2), and (g)(2), 
(January 1, 1997);
    Chapter 335, Subchapter D--Standards Applicable to Transporters 
of Hazardous Waste--335.91 (except 335.91(e)); 335.92; 335.93 
(except 335.93(e)); 335.93(e), (December 31, 1999); 335.94 (except 
the phrase ``owned or operated by a registered transporter'' in (a) 
introductory paragraph);
    Chapter 335, Subchapter E--Interim Standards for Owners and 
Operators of Hazardous Waste Storage, Processing, or Disposal 
Facilities--335.111; 335.112 (except (a)(7), (a)(17), (b)(4)(I) and 
(J), and (b)(7)); 335.112(a)(7), (January 1, 1997); 335.113; 
335.114, (January 1, 1997); 335.115 introductory paragraph, (January 
1, 1997); 335.115 (1)-(4); 335.116; 335.117 (except (a)(2)(B), 
(a)(2)(C), and (b)(2)); 335.117(a)(2)(B), (a)(2)(C), and (b)(2) 
(January 1, 1997); 335.118 through 335.127;
    Chapter 335, Subchapter F--Permitting Standards for Owners and 
Operators of Hazardous Waste Storage, Processing, or Disposal 
Facilities--335.151; 335.152 (except (a)(4), (a)(6), and (c)(5)-
(7)); 335.152(a)(4), (a)(6), (January 1, 1997); 335.153; 335.154, 
(January 1, 1997); 335.155 introductory paragraph, (January 1, 
1997); 335.155 (1)-(3); 335.156 through 335.166; 335.167(a); 
335.167(b) and (c), (December 31, 1999); 335.168 through 335.178;
    Chapter 335, Subchapter G--Location Standards for Hazardous 
Waste Storage, Processing, or Disposal--335.201 (a) (except (a)(3)); 
335.201(c); 335.202 introductory paragraph, (2), (4), (9)-(11), 
(13), (15)-(18); 335.203; 335.204(a) introductory paragraph--(5); 
335.204(b)(1)-(6); 335.204(c)(1)-(5); 335.204(d)(1)-(5); 335.204(e) 
introductory paragraph; 335.204(e)(1) introductory paragraph (except 
the phrase ``Except as * * * (B) of this paragraph,'' and the word 
``event'' at the end of the paragraph); 335.204(e)(2)-(7); 
335.204(f); 335.205(a) introductory paragraph--(2) and (e);
    Chapter 335, Subchapter H--Standards for the Management of 
Specific Wastes and Specific Types of Facilities--335.211; 335.212; 
335.213, (January 1, 1997); 335.214; 335.221 (except (a)(1)(B)); 
335.222 through

[[Page 64260]]

335.225; 335.241 (except (b)(4) and (d)); 335.241(d), (January 1, 
1997); 335.251; 335.261 (except (e)); 335.271; 335.272;
    Chapter 335, Subchapter O--Land Disposal Restrictions--335.431; 
Chapter 335, Subchapter R--Waste Classification--335.504 
introductory paragraph--(2); 335.504(3) and (4), (December 31, 
1999).
    Copies of the Texas regulations that are incorporated by 
reference are available from West Publishing Company, 620 Opperman 
Drive, P.O. Box 64526, St. Paul, Minnesota 55164-0526; Phone: 1-800-
328-4880; Web site: http://west.thomson.com.
* * * * *
[FR Doc. E8-25589 Filed 10-28-08; 8:45 am]
BILLING CODE 6560-50-P