Texas: Final Authorization of State-initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program, 71344-71353 [2012-28327]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Rules and Regulations]
[Pages 71344-71353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28327]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2012-0473; FRL-9745-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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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 Direct Final action.
    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 January 29, 2013, unless the EPA 
receives adverse written comment on the codification of the Texas 
authorized RCRA program by the close of business December 31, 2012. If 
the EPA receives such comments, it will publish a timely withdrawal of 
this direct 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 
January 29, 2013 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: 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.

[[Page 71345]]

    Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2012-0473. EPA's policy is that all comments received will be included 
in the public docket without change, including personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The Federal https://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 email comment directly to the 
EPA without going through https://www.regulations.gov, your email 
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. (For additional 
information about the EPA's public docket, visit the EPA Docket Center 
homepage at https://www.epa.gov/epahome/dockets.htm).
    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) 665-8533 or (214) 665-8178. 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 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 of such 
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 this 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 regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the statutes and regulations for which 
Texas is being authorized by this direct action are already effective 
and are not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    The EPA did not publish a proposal before this 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 this 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.

[[Page 71346]]

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), June 14, 2005 (70 FR 34371), 
December 29, 2008, (73 FR 64252), July 13, 2009 (74 FR 22469), May 6, 
2011 (76 FR 12283), and May 7, 2012 (77 FR 13200).

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table 
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, no less stringent than, and not broader in 
scope 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, 2008. The Texas provisions 
are from the Texas Administrative Code (TAC), Title 30, effective 
December 31, 2009.

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                                                  Analogous Federal
             State requirement                       requirement
------------------------------------------------------------------------
30 TAC 37.1...............................  Related to 264.140 and
                                             265.140.
30 TAC 37.21..............................  40 CFR 264.151 related.
30 TAC 37.31..............................  40 CFR parts 264 and 265,
                                             subpart H related.
30 TAC 37.41..............................  40 CFR 264.143/145(g);
                                             265.143/145(f).
30 TAC 37.51..............................  40 CFR 264.143/145(h);
                                             265.143/145(g).
30 TAC 37.52..............................  40 CFR 264.143/145(h)
                                             related; 265.143/145(g)
                                             related.
30 TAC 37.61..............................  40 CFR 264.143/145(i);
                                             265.143/145(h).
30 TAC 37.71..............................  40 CFR 264/265.148.
30 TAC 37.81..............................  40 CFR 264.143/145(i)
                                             related; 265.143/145(h)
                                             related.
30 TAC 37.100.............................  40 CFR 264/265.140
                                             (partial).
30 TAC 37.101.............................  40 CFR 264/265 subpart H
                                             related.
30 TAC 37.111.............................  40 CFR 264.143/145(i)
                                             related; 265.143/145(h)
                                             related.
30 TAC 37.121.............................  40 CFR 264/265.142(a)(2)
                                             related.
30 TAC 37.131.............................  40 CFR 264.142/144(b);
                                             265.142/144(b).
30 TAC 37.141.............................  40 CFR 264.142/144(c);
                                             265.142/144(c).
30 TAC 37.151.............................  40 CFR 264.142/144(c);
                                             265.142/144(c).
30 TAC 37.161.............................  40 CFR 264.143/145(b)(3),
                                             (c)(3) and (d)(3); 265.143/
                                             145(b)(3), (c)(3).
30 TAC 37.200.............................  40 CFR 264/265.140
                                             (partial).
30 TAC 37.201.............................  40 CFR 264.143/145(a);
                                             265.143/145(a).
30 TAC 37.211.............................  40 CFR 264.143/145(b);
                                             265.143/145(b).
30 TAC 37.221.............................  40 CFR 264.143/145(c).
30 TAC 37.231.............................  40 CFR 264.143/145(d);
                                             265.143/145(c).
30 TAC 37.241.............................  40 CFR 264.143/145(e);
                                             265.143/145(d).
30 TAC 37.251.............................  40 CFR 264.143/145(f);
                                             265.143/145(e).
30 TAC 37.261.............................  40 CFR 264.143(g)/145(f);
                                             265.143/145(e).
30 TAC 37.271.............................  40 CFR 264.143/145(f);
                                             265.143/145(e).
30 TAC 37.281.............................  40 CFR 264.143(g)/145(f);
                                             265.143/145(e).
30 TAC 37.301.............................  40 CFR 264.151(a).
30 TAC 37.321.............................  40 CFR 264.151(c).
30 TAC 37.331.............................  40 CFR 264.151(d).
30 TAC 37.341.............................  40 CFR 264.151(e).
30 TAC 37.361.............................  40 CFR 264.151(h).
30 TAC 37.371.............................  40 CFR 264.151(f).
30 TAC 37.381.............................  40 CFR 264.151(h).
30 TAC 37.400.............................  40 CFR 264/265.140
                                             (partial).
30 TAC 37.402.............................  40 CFR 264/265.141
                                             (partial).
30 TAC 37.404.............................  40 CFR 264/265.147(a) & (b).
30 TAC 37.411.............................  40 CFR 264/265.147(d).
30 TAC 37.501.............................  40 CFR 264/265.147(j).
30 TAC 37.511.............................  40 CFR 264/265.147(i).
30 TAC 37.521.............................  40 CFR 264/265.147(h).
30 TAC 37.531.............................  40 CFR 264/265.147(k).
30 TAC 37.541.............................  40 CFR 264/265.147(f).
30 TAC 37.551.............................  40 CFR 264/265.147(g).
30 TAC 37.601.............................  40 CFR 264.151(m).
30 TAC 37.631.............................  40 CFR 264.151(j).
30 TAC 37.641.............................  40 CFR 264.151(i).
30 TAC 37.661.............................  40 CFR 264.151(h).
30 TAC 37.671.............................  40 CFR 264.151(n).
30 TAC 281.17(f)..........................  40 CFR 270.10(c) related; no
                                             direct Federal analog.
30 TAC 305.29.............................  40 CFR 270.61 related; no
                                             direct Federal analog.
30 TAC 305.50(a)(4)(B)....................  40 CFR 270.14(b)(15).
30 TAC 305.50(a)(4)(C)....................  40 CFR 270.14 related; no
                                             direct Federal analog.
30 TAC 305.50(a)(4)(D)....................  40 CFR 270.14(b)(11)(ii)(A).
30 TAC 305.62(c), except for language       40 CFR 270.42.
 regarding TPDES permits.
30 TAC 305.69(b)(1) introductory paragraph  40 CFR 270.42(a)(1) intro.
30 TAC 305.69(b)(1)(A), except for          40 CFR 270.42(a)(1)(i).
 language regarding injection wells,
 radioactive materials and application
 fees.
30 TAC 305.69(b)(1)(B)....................  40 CFR 270.42(a)(1)(ii).
30 TAC 305.69(b)(2).......................  40 CFR 270.42(a)(2).
30 TAC 305.69(c)(1) introductory paragraph  40 CFR 270.42(b)(1) intro.
30 TAC 305.69(c)(1)(D)....................  40 CFR 270.42(b)(1)(iv).
30 TAC 305.69(c)(2) introductory paragraph  40 CFR 270.42(b)(2) intro.
30 TAC 305.69(c)(6) introductory            40 CFR 270.42(b)(6)(i)
 paragraph--(6)(C).                          intro--(6)(i)(C).

[[Page 71347]]

 
30 TAC 305.69(c)(6)(D) introductory         40 CFR 270.42(b)(6)(i)(D).
 paragraph--(D)(ii).
30 TAC 305.69(c)(6)(E)....................  40 CFR 270.42(b)(6)(i)(E).
30 TAC 305.69(c)(7) introductory            40 CFR 270.42(b)(6)(ii)
 paragraph--(7)(C).                          intro--(C).
30 TAC 305.69(c)(7)(D)....................  40 CFR 270.42(b)(6)(ii)(D).
30 TAC 305.69(c)(8).......................  40 CFR 270.42(b)(6)(iii).
30 TAC 305.69(c)(9).......................  40 CFR 270.42(b)(6)(iv)(A).
30 TAC 305.69(c)(12)......................  40 CFR 270.42(b)(6)(vi).
30 TAC 305.69(d)(1) introductory paragraph  40 CFR 270.42(c)(1) intro.
30 TAC 305.69(d)(1)(D)....................  40 CFR 270.42(c)(1)(iv).
30 TAC 305.69(d)(2) introductory paragraph  40 CFR 270.42(c)(2) intro.
30 TAC 305.69(d)(2)(A)....................  40 CFR 270.42(c)(2)(i).
30 TAC 305.69(d)(6).......................  40 CFR 270.42(c)(6).
30 TAC 305.69(e)..........................  40 CFR 270.42(d).
30 TAC 305.69(f)(1) introductory            40 CFR 270.42(e)(1).
 paragraph--(f)(1)(B).
30 TAC 305.69(f)(4).......................  40 CFR 270.42(e)(2)(iii).
30 TAC 305.69(g)..........................  40 CFR 270.42(f).
30 TAC 305.125(6).........................  40 CFR 270.30(h).
30 TAC 305.125(13)........................  40 CFR 270.30 related; no
                                             direct Federal analog.
30 TAC 305.146 introductory paragraph and   40 CFR 264.72(b) related.
 305.146(1) in the 1/1/97 regulations
 [Removed.].
30 TAC 305.401, except ``Sec.   55.21 of    40 CFR 270.30 related; no
 this title (relating to Requests for        direct Federal analog.
 Contested Case Hearings, Public
 Comment)'' at 305.401(b), and 305.401(c)
 & (g).
335.1 introductory paragraph..............  40 CFR 260.10 intro.
335.41(c).................................  40 CFR 264.1(e);
                                             265.1(c)(3).
335.41(i).................................  40 CFR 264.1(d).
335.43(a).................................  40 CFR 270.1(b) related.
335.43(b)-(d) [No longer in state's code].  40 CFR 270.73(f), (g);
                                             270.70(a) & (c), 270.10(e)
                                             Note: The 335.43(b)-(d)
                                             provisions have been
                                             incorporated into the
                                             authorized provisions at
                                             335.2.
335.44....................................  40 CFR 270.10(e) related,
                                             270.13 related.
                                            40 CFR 270.70(a)(2) related;
                                             no direct Federal analog.
335.47(c)-(d), except 335.47(c)(3)........  40 CFR 270.60(b)-(c), except
                                             270.60(b)(3).
335.69(a) introductory paragraph (except    40 CFR 262.34(a) intro.
 ``and (n)'').
335.112(b)(4)(I) & (J)....................  40 CFR 265 related; no
                                             direct Federal analog.
335.112(b)(4)(M)..........................  40 CFR 265 related; no
                                             direct Federal analog.
30 TAC 335.128............................  40 CFR 265 subpart H
                                             related; no direct Federal
                                             analog.
335.167(b)................................  40 CFR 264.101(b).
335.167(d)................................  40 CFR 264.101(d).
------------------------------------------------------------------------

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 this 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. 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 FR 49163), November 15, 
1999 (64 FR 49673), December 29, 2008 (73 FR 64252), and May 6, 2011 
(76 FR 12283). In this action, EPA is revising Subpart SS of 40 CFR 
part 272 to include the recent authorization revision actions effective 
May 7, 2012 (77 FR 13200).

C. What codification decisions have we made in this rule?

    The purpose of this 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

[[Page 71348]]

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 the 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 the 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); June 8, 2000 (65 FR 36365); 
March 4, 2005 (70 FR 10776), as amended June 16, 2005 (70 FR 35034). 
Therefore, these Federal amendments included in Texas' adoption by 
reference at 30 Texas Administrative Code (TAC) sections 335.112(a)(1) 
and (a)(4), 335.152(a)(1) and (a)(4), and 335.431(c)(1) and (c)(3), are 
not part of the State's authorized program and are not part of the 
incorporation by reference addressed by this 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 40 CFR 
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, July 
2009. This document is available from EPA Region 6, EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733, Phone number: (214) 665-8533.
    State regulations that are not incorporated by reference in this 
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.
    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

[[Page 71349]]

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). This action will be effective January 29, 2013.

List of Subjects

40 CFR Part 271

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

40 CFR Part 272

    Hazardous materials transportation, Hazardous waste, Incorporation 
by reference, Intergovernmental relations, Water pollution control, 
Water supply.

    Authority: This rule 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: October 11, 2012.
Samuel Coleman,
 Acting Regional Administrator, Region 6.

    For the reasons set forth in the preamble, under the authority at 
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final 
authorization under part 271 to the State of Texas for revisions to its 
hazardous waste program under the Resource Conservation and Recovery 
Act and is amending 40 CFR part 272 as follows:

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).


0
2. Revise 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, December 29, 2008, July 13, 2009, May 6, 2011 (76 
FR 12283), May 7, 2012 (77 FR 13200), and January 29, 2013.
    (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 Group, 610 Opperman Drive, 
Eagan, 55123, Attention: Order Entry; Phone: 1-800-328-9352; Web site: 
https://west.thomson.com. You may inspect a copy at EPA Region 6 
Library, 12th Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone 
number: (214) 665-8533, or at the National Archives

[[Page 71350]]

and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved Texas Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated May 2012.
    (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, 2010); 
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.002, 
361.016, 361.017, 361.018, 361.0215(b)(2) and (b)(3), 361.023, 361.024, 
361.029, 361.032, 361.033, 361.035, 361.036, 361.037(a), 361.061, 
361.063, 361.0635, 361.064, 361.0641, 361.066(b) and (c), 361.0666, 
361.067, 361.068, 361.069, 361.078, 361.079, 361.0791, 361.080, 
361.081, 361.082 (except 361.082(a) and (f)), 361.083, 361.833, 
361.084, 361.085, 361.0861(c), 361.0871(b), 361.088, 361.0885, 361.089, 
361.090, 361.095(b)-(f), 361.096, 361.097, 361.098, 361.099(a), 
361.100, 361.101, 361.102 through 361.109, 361.113, 361.114, 361.116, 
361.271 through 361.275, 361.278, 361.301, 361.321(a) and (b), 
361.321(c) (except the phrase ``Except as provided by Section 
361.322(a)''), 361.321(d), 361.321(e) (except the phrase ``Except as 
provided by Section 361.322(e)''), 361.451, 361.501 through 361.506, 
and 361.509(a) introductory paragraph, (a)(11), (b), (c) introductory 
paragraph, and (c)(2); Chapter 371, Texas Oil Collection, Management, 
and Recycling Act, sections 371.0025(b) and (c), 371.024(a), (c), and 
(d), 371.026(a) and (b), and 371.028.
    (ii) Texas Water Code (TWC), Texas Codes Annotated, as amended 
effective September 1, 2009: Chapter 5, sections 5.102 through 5.105, 
5.112, 5.177, 5.351, 5.501 through 5.505, 5.509 through 5.512, 5.515, 
and 5.551 through 5.557; Chapter 7, sections 7.031, 7.032, 7.051(a), 
7.052(a), 7.052(c) and (d), 7.053 through 7.062, 7.064 through 7.069, 
7.075, 7.101, 7.102, 7.104, 7.105, 7.107, 7.110, 7.162, 7.163, 7.176, 
7.187(a), 7.189, 7.190, 7.252(1), 7.351, 7.353; Chapter 26, sections 
26.001(13), 26.011, 26.020 through 26.022, 26.039, and 26.341 through 
26.367; and Chapter 27, sections 27.003, 27.017, 27.018 and 27.019.
    (iii) Texas Government Code as amended effective September 1, 2009, 
section 311.027.
    (iv) Texas Rules of Civil Procedure, as amended effective September 
1, 2009, Rule 60.
    (v) 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.
    (vi) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1997, as amended, effective through January 1, 1997: Chapter 
281, sections 281.17(f); Chapter 305, sections 305.29(b) through (d), 
305.94 and 305.95, 305.97, 305.100, 305.101 (except 305.101(c)), 
305.102, 305.103, and 305.105.
    (vii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2010, as amended, effective through December 31, 2009: Chapter 
10; Chapter 39, sections 39.5(g) and (h), 39.11, 39.13 (except (10)), 
39.103 (except (f) and (h)), 39.105, 39.107, 39.109, 39.403(b)(1), 
39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (b)(11), and (b)(13)), 
39.413 (except (10)), 39.420, 39.503 (except the reference to 39.405(h) 
in (d) introductory paragraph and (g)), and 39.801 through 39.810; 
Chapter 50, sections 50.13, 50.19, 50.39, 50.113 (except (d)), 
50.117(f), 50.119, 50.133, and 50.139; Chapter 55, sections 55.25 (a) 
and (b), 55.27 (except (b)), 55.152(a)(3), 55.152(b), 55.154, 55.156 
(except (d) through (f)), 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 and (4), 281.3(a) and (b), 
281.5 (except the clause ``Except as provided by * * * Discharge 
Permits)'', the phrase ``radioactive material'', and the phrase 
``subsurface area drip dispersal systems''), 281.17(d) (except the 
references to radioactive material licenses), 281.17(e) and (f), 
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.'', the acronym ``TRCA'', and 
the phrase ``subsurface area drip dispersal systems''), 281.21(b), 
281.21(c) (except the phrase ``radioactive materials,'' in 
281.21(c)(2)), 281.21(d), 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), and 281.24; Chapter 305, sections, 305.29, 
305.30, 305.64(d) and (f), 305.66(c), 305.66(e) (except for the last 
sentence), 305.66(f) through (l), 305.123 (except the phrases ``and 401 
* * * regulation)'' and ``and 32''), 305.125(1) and (3), 305.125(20), 
305.127(1)(B)(i), 305.127(4)(A) and (C), and (6), 305.401 (except the 
text ``Sec.  55.21 of this title (relating to Requests for Contested 
Case Hearings, Public Comment)'' at (b), and 305.401(c)); 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, 2010): 
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.131 
through 361.140; 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, 2010, as amended, effective through December 31, 2009: Chapter 
305, sections 305.53, 305.64(b)(4), and 305.69(b)(1)(A) (as it relates 
to the Application Fee); Chapter 335, sections 335.321 through 335.332, 
Appendices I and II, and 335.401 through 335.412.
    (4) Unauthorized State Amendments and Provisions. (i) 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 Table 
below. 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, May, 
2012. Copies of the document can be obtained from U.S. EPA Region 6, 
1445 Ross Avenue, Suite 1200, Dallas, TX 75202.

[[Page 71351]]



------------------------------------------------------------------------
                                                 Unauthorized State
                                Effective            amendments
State provision (December 31,    date of   -----------------------------
  2009, except as indicated)    authorized   Texas register   Effective
                                provision      reference         date
------------------------------------------------------------------------
335.6(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.     11/27/92
 paragraph.
                                            20 TexReg 2709.      4/24/95
                                            20 TexReg 3722.      5/30/95
                                            21 TexReg 1425.       3/1/96
                                            21 TexReg 2400.       3/6/96
                                            22 TexReg 12060     12/15/97
                                            23 TexReg 10878     10/19/98
                                            26 TexReg 9135.     11/15/01
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) (December 31,        7/27/88  17 TexReg 8010.     11/27/92
 2001).
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
335.45(b)....................       9/1/86  17 TexReg 5017.      7/29/92
335.204(a)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(b)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(b)(6)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(c)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(d)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(e)(6)................      5/28/86  16 TexReg 6065.      11/7/91
------------------------------------------------------------------------

    (ii) Additionally Texas has partially or fully adopted, but is not 
authorized to implement, the Federal rules that are listed in the 
following table. The EPA will continue to implement the Federal HSWA 
requirements for which Texas is not authorized until the State receives 
specific authorization for those requirements. The EPA will not enforce 
the non-HSWA Federal rules although they may be enforceable under State 
law. For those Federal rules that contain both HSWA and non-HSWA 
requirements, the EPA will enforce only the HSWA portions of the rules.

----------------------------------------------------------------------------------------------------------------
           Federal requirement              Federal Register  reference              Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:    61 FR 16290.................  April 12, 1996.
 Implementation of OECD Council Decision
 (HSWA) (Checklist 152).
Clarification of Standards for Hazardous   62 FR 64504.................  December 5, 1997.
 Waste LDR Treatment Variances (SWA)
 (Checklist 162).
Organobromine Production Wastes;           64 FR 36365.................  June 8, 2000.
 Petroleum Refining Wastes;
 Identification and Listing of Hazardous
 Waste; Land Disposal Restrictions (HSWA)
 (Checklist 187).
Zinc Fertilizers Made from Recycled        67 FR 48393.................  July 24, 2002.
 Hazardous Secondary Materials (HSWA and
 Non-HSWA) (Checklist 200).
Modification of the Hazardous Waste        70 FR 10776.................  March 4, 2005.
 Manifest System (HSWA and Non-HSWA)       70 FR 35034.................  June 16, 2005.
 (Checklist 207).
Methods Innovation Rule and SW-846 Update  70 FR 34538.................  June 14, 2005.
 IIIB (HSWA and Non-HSWA) (Checklist 208). 70 FR 44150.................  August 1, 2005.
----------------------------------------------------------------------------------------------------------------

     (iii) Texas has chosen not to adopt, and is not authorized to 
implement, the following optional Federal rules:

----------------------------------------------------------------------------------------------------------------
           Federal requirement              Federal Register  reference              Publication date
----------------------------------------------------------------------------------------------------------------
NESHAPS Second Technical Correction,       66 FR 24270.................  May 14, 2001.
 Vacatur (Non-HSWA) (Checklist Rule
 188.1).
Storage, Treatment, Transportation and     66 FR 27218.................  May 16, 2001.
 Disposal of Mixed Waste (Non-HSWA)
 (Checklist 191).
Inorganic Chemical Manufacturing Waste     67 FR 17119.................  April 9, 2002.
 Identification and Listing (HSWA/Non-
 HSWA) (Checklist Rule 195.1).
Land Disposal Restrictions: National       67 FR 62618.................  October 7, 2002.
 Treatment Variance to Designate New
 Treatment Subcategories for
 Radioactively Contaminated Cadmium,
 Mercury-Containing Batteries and Silver-
 Containing Batteries (HSWA) (Checklist
 201).
Hazardous Waste Management System;         68 FR 44659.................  July 30, 2003.
 Identification and Listing of Hazardous
 Waste; Recycled Used Oil Management
 Standards (Non-HSWA) (Checklist 203).
National Environmental Performance Track   69 FR 21737.................  April 22, 2004.
 Program (Non-HSWA) (Checklist 204).       69 FR 62217.................  October 25, 2004.

[[Page 71352]]

 
NESHAP: Surface Coating of Automobiles     69 FR 22601.................  April 26, 2004.
 and Light-Duty Trucks (Non-HSWA)
 (Checklist 205).
----------------------------------------------------------------------------------------------------------------

     (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 Commission on Environmental Quality (TCEQ) on December 20, 
2011, and by the EPA Regional Administrator on February 17, 2012, 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, 
March 1, 2002, July 16, 2008, and December 6, 2011 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.

0
3. Appendix A to part 272 is amended by revising 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, 2010): 
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003 
(except (3), (4), (19), (27), (35), and (39)), 361.019(a), 361.0235, 
361.066(a), 361.082(a) and (f), 361.086, 361.087, 361.0871(a), 
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 Group, 610 Opperman Drive, Eagan, 55123, 
ATTENTION: Order Entry; Phone: 1-800-328-9352; Web site: https://west.thomson.com.
    The regulatory provisions include:
    Texas Administrative Code, (TAC), Title 30, Environmental 
Quality, 2010, as amended, effective through December 31, 2009. 
Please note that the 2010 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, 
December 31, 1999, December 31, 2001, or December 31, 2007. 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 below.
    Chapter 3, Section 3.2(25) ``Person''; Chapter 20, Section 
20.15; Chapter 35, Section 35.402(e); Chapter 37, Sections 37.1, 
37.11 through 37.81, 37.100 through 37.161, 37.200 through 37.281, 
37.301 through 37.381, 37.400 through 37.411, 37.501 through 37.551, 
36.601 through 37.671, and 37.6001 through 37.6041; Chapter 281, 
Section 281.3(c);
    Chapter 305, Subchapter A--General Provisions, 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 and the reference to 
TWC 32.002); 305.2(1), (6), (11), (12), (14), (15), (19), (20), 
(24), (26), (27), (28), (31), and (40)-(42); 305.3;
    Chapter 305, Subchapter C--Application for Permit, Sections 
305.41 (except the reference to Chapter 401, relative to Radioactive 
Materials and the reference to TWC Chapter 32); 305.42(a), (b), (d), 
and (f); 305.43(b); 305.44 (except (d)); 305.45 (except (a)(7)(I) 
and (J)); 305.47; 305.50(a) introductory paragraph--(a)(3) (except 
the last two sentences in 305.50(a)(2)); 305.50(a)(4) introductory 
paragraph through 305.50(a)(4)(D); 305.50(a)(4)(G); 305.50(a)(5)-(8) 
and (13)-(16); 305.50(b); 305.51;
    Chapter 305, Subchapter D--Amendments, Modifications, Renewals, 
Transfers, Corrections, Revocations, and Suspension of Permits, 
Sections 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) 
introductory paragraph (except the phrase ``other than * * * 
subsection (i) of this section''); 305.62(c)(1); 305.62(c)(2) 
introductory paragraph; 305.62(c)(2)(A) (except the phrase ``except 
for Texas Pollutant Discharge Elimination System (TPDES) permits, 
''); 305.62(c)(2)(B) (except the phrase ``except for TPDES permits, 
''); 305.62(d) (except (d)(6)); 305.62(e)-(h); 305.63(a) 
introductory paragraph; 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 
(b)(4) and (b)(5)); 305.64(c); 305.64(e); 305.64(g); 305.66(a) 
(except (a)(7)-(a)(9)); 305.66(d); 305.67(a) and (b); 305.69(a); 
305.69(b) (except for ``Additional Contents of Application for an 
Injection Well Permit'' and ``Waste Containing Radioactive 
Materials; and Application Fee'' at (b)(1)(A)); 305.69(c)-(k) 
(except (k) A.8-A.10);
    Chapter 305, Subchapter F--Permit Characteristics and 
Conditions, Sections 305.121 (except the phrases ``radioactive 
material disposal'' and ``subsurface area drip dispersal systems''); 
305.122(a)-(c); 305.124; 305.125 introductory paragraph; 305.125(2) 
and (4); 305.125(5) (except the last two sentences); 305.125(6); 
305.125(7) and (8); 305.125(9) (except (9)(C)); 305.125(10) (except 
the phrase ``and 32''); 305.125(11) (except the phrase ``as 
otherwise required by Chapter 336 of this title'' relative to 
Radioactive Substances in (11)(B)); 305.125(12); 305.125(13); 
305.125(14)-(19), and (21); 305.127 introductory paragraph; 
305.127(1)(B)(iii); 305.127(1)(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); 305.127(5)(C); 305.128;
    Chapter 305, Subchapter G--Additional Conditions for Hazardous 
and Industrial Solid Waste Storage, Processing, or Disposal Permits, 
Sections 305.141 through 305.145; 305.150;
    Chapter 305, Subchapter I--Hazardous Waste Incinerator Permits, 
Sections 305.171, 305.172 (except (2)(A)(iii) & (iv)); 
305.172(2)(A)(iii) & (iv) (December 31, 2007); 305.173 through 
305.175;
    Chapter 305, Subchapter J--Permits for Land Treatment 
Demonstrations Using Field Tests or Laboratory Analyses, Sections 
305.181 through 305.184;
    Chapter 305, Subchapter K--Research, Development and 
Demonstration Permits, Sections 305.191 through 305.194;
    Chapter 305, Subchapter L--Groundwater Compliance Plan, Section 
305.401(c);
    Chapter 305, Subchapter Q--Permits for Boilers and Industrial 
Furnaces Burning Hazardous Waste, Sections 305.571 through 305.573;
    Chapter 305, Subchapter R--Resource Conservation And Recovery 
Act Standard Permits For Storage And Treatment Units, Sections 
305.650 through 305.661;
    Chapter 324--Used Oil, Sections 324.1 through 324.2(6); 324.2 
``Secondary containment'' (January 1, 1997); 324.2(8) and (9); 324.3 
(except 324.3(5)); 324.4; 324.6; 324.7; 324.11 through 324.14; 
324.15 (January 1, 1997); 324.16; 324.21;
    Chapter 335, Subchapter A--Industrial Solid Waste and Municipal 
Hazardous Waste in General, Sections 335.1 introductory paragraph; 
335.1(1)-(4), (6)-(12), (16)-(18), (22), (23), (25)-(29), (32), 
(34)-(37); 335.1(32) ``Designated facility'' (December 31, 2001); 
335.1(40)-(46), (47) (except for the phrase ``or is used for 
neutralizing the pH of non-hazardous industrial solid waste''), 
(48)-(50), (52)-(57), (59)-(66), (69)-(78), (80)-(87), (88)-(91) 
(except the phrase ``solid waste or'' in each subsection), (92), 
(93)-(94) (except the

[[Page 71353]]

phrase ``solid waste or'' in both subsections); 335.1(86) 
``Manifest'' and (87) ``Manifest document number'' (December 31, 
2001); 335.1(97), (98), (99) (except the phrase ``solid waste or''), 
(100)-(113), (115) (except the phrase ``solid waste or''), (116), 
(121), (122) (except the phrase ``solid waste or''), (123)-(126), 
(128), (130)-(134), (136), (137), (138)(A)-(G) (except the phrase 
``Except for materials described in subparagraph (H) of this 
paragraph.'' at (138)(D) and (G) introductory paragraphs), (138)(I) 
and (J), (139), (141)-(151) (except the phrase ``solid waste or'' at 
(144), (147) and (149)), (152) (except the phrase ``or industrial 
solid''), (153), (154), (155) and (156) (except the phrase ``or 
industrial solid'' in both subsections), (158)-(160), (161) (except 
the phrase ``solid waste or''), (162)-(167), (168) (except the 
phrase ``or industrial solid''), (169), (170), and (171) (except the 
phrase ``solid waste or''); 335.2(a) and (c); 335.2(e)-(g); 
335.2(i), (j), (l), and (m); 335.4; 335.5 (except (d)); 335.6(a); 
335.6(b) (January 1, 1997); 335.6(c); 335.6(d) (except the last 
sentence) (January 1, 1994); 335.6(e) (January 1, 1994); 335.6(f)-
(j); 335.7; 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) (except references to 
``class 1 wastes'') (January 1, 1994); 335.10(a)(3) (except the 
phrase ``, unless the generator is identified in paragraph (2) of 
this section'') (December 31, 2001); 335.10(a)(4) (December 31, 
2001); 335.10(a)(6); 335.10(b) (except 335.10(b)(5), (8), and (18)) 
(December 31, 2001); 335.10(b)(5), (8), and (18) (January 1, 1994); 
335.10(c) (except the phrase ``the United States customs 
official,'') (December 31, 2001); 335.10(d) and (e) (December 31, 
2001); 335.10(f); 335.11 (except (d)) (December 31, 2001); 335.12 
(except (a)(5) and (d)) (December 31, 2001); 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(a); 335.19 (except (d)); 335.20 through 335.22; 335.23 
(except (2)); 335.23(2) (January 1, 1994); 335.24(a)-(f); 335.24(m) 
and (n); 335.29 introductory paragraph through 335.29(3) (December 
31, 2001); 335.29(a)(2)-(4); 335.30; 335.31;
    Chapter 335, Subchapter B--Hazardous Waste Management General 
Provisions, Sections 335.41(a)-(c); 335.41(d) (except (d)(1) and 
(d)(5)-(8)); 335.41(d)(1) (December 31, 2001); 335.41(e); 335.41(f) 
(except (f)(2)(A)(iii)); 335.41(f)(2)(A)(iii) (December 31, 2001); 
335.41(g)-(j); 335.43(a); 335.44; 335.45; 335.47 (except 335.47(b) 
and the second sentence in (c)(3)); 335.47(b) (December 31, 1999);
    Chapter 335, Subchapter C--Standards Applicable to Generators of 
Hazardous Waste, Sections 335.61 (except (f)); 335.62; 335.63; 
335.65; 335.66; 335.67 and 335.68 (December 31, 2001); 335.69 
(except ``and (n)'' in the introductory paragraph of (a), (i), and 
(m)); 335.70; 335.71 (January 1, 1994); 335.73 through 335.75; 
335.76 (except 335.76(d) and (h)); 335.76(d) (December 31, 2001); 
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, Sections 335.91 (except (e)); 335.92; 335.93 
(except (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, Sections 335.111; 335.112(a) (except (a)(17)); 
335.112(b) (except (b)(7)); 335.112(c); 335.113; 335.115 through 
335.128;
    Chapter 335, Subchapter F--Permitting Standards for Owners and 
Operators of Hazardous Waste Storage, Processing, or Disposal 
Facilities, Sections 335.151; 335.152(a) and (b); 335.152(c) (except 
(c)(5)-(7)); 335.152(d); 335.153; 335.154 (January 1, 1997); 335.155 
through 335.179;
    Chapter 335, Subchapter G--Location Standards for Hazardous 
Waste Storage, Processing, or Disposal, Sections 335.201(a) (except 
(a)(3)); 335.201(c); 335.202 introductory paragraph; 335.202(2), 
(4), (9)-(11), (13), (15)-(18); 335.203; 335.204(a) introductory 
paragraph--(a)(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--(a)(2) and (e);
    Chapter 335, Subchapter H--Standards for the Management of 
Specific Wastes and Specific Types of Facilities, Sections 335.211; 
335.212; 335.213 (January 1, 1997); 335.214; 335.221 through 
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, Section 
335.431;
    Chapter 335, Subchapter R--Waste Classification, Sections 
335.504 introductory paragraph--(3); 335.504(4) (December 31, 1999);
    Subchapter U, Standards For Owners And Operators Of Hazardous 
Waste Facilities Operating Under A Standard Permit, Sections 601 and 
602.
    Copies of the Texas regulations that are incorporated by 
reference are available from West Group, 610 Opperman Drive, Eagan, 
55123, ATTENTION: Order Entry; Phone: 1-800-328-9352; Web site: 
https://west.thomson.com.
* * * * *
[FR Doc. 2012-28327 Filed 11-29-12; 8:45 am]
BILLING CODE 6560-50-P