Texas: Final Authorization of State Hazardous Waste Management Program Revision, 52220-52224 [2014-20789]
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[FR Doc. 2014–20947 Filed 9–2–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2013–0624 FRL 9915–99–
Region 6]
Texas: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The State of Texas has
applied to the Environmental Protection
Agency (EPA) for Final authorization of
the changes to its hazardous waste
program under the Resource
Conservation and Recovery Act (RCRA).
EPA has determined that these changes
satisfy all requirements needed to
qualify for Final authorization, and is
authorizing the State’s changes through
this direct final action. The EPA is
publishing this rule to authorize the
changes without a prior proposal
because we believe this action is not
controversial and do not expect
comments that oppose it. Unless we
receive written comments which oppose
this authorization during the comment
period, the decision to authorize Texas’
changes to its hazardous waste program
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SUMMARY:
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will take effect. If we receive comments
that oppose this action, we will publish
a document in the Federal Register
withdrawing this rule before it takes
effect, and a separate document in the
proposed rules section of this Federal
Register will serve as a proposal to
authorize the changes.
DATES: This final authorization will
become effective on November 3, 2014
unless the EPA receives adverse written
comment by October 3, 2014. If the EPA
receives such comment, it will publish
a timely withdrawal of this direct final
rule in the Federal Register and inform
the public that this authorization will
not take effect.
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.
3. Mail: Alima Patterson, Region 6,
Regional Authorization 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, 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
regulations.gov, or email. The Federal
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 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. You can view and
copy Texas’ application and associated
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publicly available materials from 8:30
a.m. to 4 p.m. Monday through Friday
at the following locations: Texas
Commission on Environmental Quality,
(TCEQ) 12100 Park S. Circle, Austin
Texas 78753–3087, (512) 239–6079 and
EPA, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, phone
number (214) 665–8533. 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, State/Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, (214)
665–8533, EPA Region 1445 Ross
Avenue, Dallas, Texas 75202–2733, and
Email address patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
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
program. As the Federal program
changes, States must change their
programs and ask the EPA to authorize
the changes. Changes to State 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.
B. What decisions have we made in this
rule?
We conclude that the State of Texas’
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant the State of
Texas Final Authorization to operate its
hazardous waste program with the
changes described in the authorization
application. The State of Texas has
responsibility for permitting treatment,
storage, and disposal facilities within its
borders (except in Indian Country) and
for carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
under the authority of HSWA take effect
in authorized States before they are
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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 the State of 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. The State
of 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
regulations for which the State of Texas
is being authorized by today’s action are
already effective under State law, and
are not changed by today’s action.
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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 the EPA receives
comments that oppose this action?
If the EPA receives comments that
oppose this authorization, we will
withdraw this rule by publishing a
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 on the proposal mentioned in
the previous paragraph. We will then
address all public comments in a later
final rule. You may not have another
opportunity to comment. If you want to
comment on this authorization, 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, we
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will withdraw only that part of this rule,
but the authorization of the program
changes that the comments do not
oppose will become effective on the
date specified in this document. The
Federal Register withdrawal document
will specify which part of the
authorization 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), and July 13, 2009
(74 FR 22469). 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),
March 7, 2011 (76 FR 12285) effective
May 6, 2011 and March 6, 2012 (77 FR
13200) effective May 7, 2012.
On March 28, 2013, Texas submitted
a final complete program revision
application, seeking authorization of its
program revision in accordance with 40
CFR 271.21. In 1991, Texas Senate Bill
2 created the Texas Natural Resource
Conservation Commission (TNRCC)
which combined the functions of the
former Texas Water Commission and
the former Texas Air Control Board. The
transfer of functions to the TNRCC from
the two agencies became effective on
September 1, 1993. House Bill 2912,
Article 18 of the 77th Texas Legislature,
2001, changed the name of the TNRCC
to the Texas Commission on
Environmental Quality (TCEQ) and
directed the TNRCC to adopt a timetable
for phasing in the change of the agency’s
name. The TNRCC decided to make the
change of the agency’s name to the
TCEQ effective September 1, 2002. The
change of name became effective
September 1, 2002, and the legislative
history of the name change is
documented at (See, Act of June 15,
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52221
2001, 77th Leg. R. S., Ch 965, Section
18.01, 2001 Tex. Gen. Laws 1985). The
TCEQ may perform any act authorized
by law either as the TNRCC or as the
TCEQ. Id. Therefore, references to the
TCEQ are references to TNRCC and to
its successor, the TCEQ.
The TCEQ has primary responsibility
for administration of laws and
regulations concerning hazardous waste.
The official State regulations may be
found in Title 30, Texas Administrative
Code, Chapters 305, 324 and 335,
effective February 21, 2013. Some of the
State rules incorporate the Federal
regulations by reference. Texas Water
Code Section 5.103 and Section 5.105
and Texas Health and Safety Code
Section 361.017 and Section 361.024
confer on the Texas Commission on
Environmental Quality the powers to
perform any acts necessary and
convenient to the exercise of its
jurisdiction. The TCEQ is authorized to
administer the RCRA program.
However, the Railroad Commission
(RRC) has jurisdiction over the
discharge, storage, handling,
transportation, reclamation, or disposal
of waste materials (both hazardous and
non-hazardous) that result from the
activities associated with the
exploration, development, or
production of oil or gas or geothermal
resources and other activities regulated
by the RRC. A list of activities that
generate wastes that are subject to the
jurisdiction of the RRC is found at Texas
Health and Safety Code Section 401.415.
Such wastes are termed ‘‘oil and gas
wastes.’’ The TCEQ has responsibility to
administer the RCRA program, however,
hazardous waste generated at natural
gas or natural gas liquids processing
plants or reservoir pressure
maintenance or repressurizing plants
are subject to the jurisdiction of the
TCEQ until the RRC is authorized by
EPA to administer that waste under
RCRA. The TCEQ jurisdiction over
Solid waste can be found at Chapter
361, Sections 361.001 through 361.754
of the Texas Health and Safety Code.
The TCEQ’s jurisdiction encompasses
hazardous and nonhazardous, industrial
and municipal Solid waste. The
definition of Solid waste can be found
at Texas Health and Safety Code Section
361.003(34). When the RRC is
authorized by EPA to administer the
RCRA program for these wastes,
jurisdiction over such hazardous waste
will transfer from the TCEQ to the RRC.
The EPA has designated the TCEQ as
the lead agency to coordinate RCRA
activities between the two agencies. The
EPA is responsible for the regulation of
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any hazardous waste for which TCEQ
has not been previously authorized.
Further clarification of the
jurisdiction between the TCEQ and the
RRC can be found in a separate
document. This document, a
Memorandum of Understanding (MOU),
became effective on May 31, 1998.
The TCEQ has the rules necessary to
implement EPA’s RCRA Clusters XIX
through XXI excluding the Definition of
Solid Waste (Checklist 219) in RCRA
Cluster XIX and Removal of ‘‘Saccharin
and Its Salts’’ from the Lists of
Hazardous Generator Standards
Technical Corrections (Checklist 225)
also in RCRA Cluster XXI, because the
TCEQ did not adopt these rules. The
State is also seeking authorization for
Recycled Used Oil Management
Standards; Clarification (Checklist 203),
Uniform Hazardous Waste Manifest
Rule (Checklist 207), Academic
Laboratories Generator Standards
(Checklist 220), Organization for
Economic Cooperation and
Development ((OECD) (Checklist 222))
Requirements, Hazardous Waste
Technical Corrections and Clarification
(Checklist 223) and Academic
Laboratories Generator Standards
Technical Corrections (Checklist 226).
The TCEQ authority includes changes to
30 Texas Administrative Code Chapters
305, 324, and 335. The Commissioners
adopted these rules on January 29, 2013
and the rules became effective on
February 21, 2013. The TCEQ authority
to incorporate Federal rules by reference
can be found at Texas Administrative
Code 335 Sections 335.28, 335.29 and
335.31.
G. What changes are we approving with
today’s action?
On March 28, 2013, the State of Texas
submitted a final complete program
application, seeking authorization of
their changes in accordance with 40
CFR 271.21. We now make a direct final
decision, subject to receipt of written
comments that oppose this action that
the State of Texas’ hazardous waste
program revision satisfies all of the
requirements necessary to qualify for
final authorization. The State of Texas
revisions consist of regulations which
specifically govern Federal Hazardous
Waste revisions promulgated from July
30, 2003, through December 20, 2010.
The adoption for RCRA Clusters XIX
through XXI are Checklists 220, 222,
223, and 226. Also Checklists 203, 207
and 208 are included in the below chart.
Federal Register date and page
(and/or RCRA statutory authority )
Analogous state authority
1. Recycled Used Oil Management
Standards; Clarification. (Checklist 203).
64 FR 44659–44665 July 30, 2003
2. Uniform Hazardous Waste Manifest Rule. (Checklist 207).
70 FR 10776–10825 March 4,
2005.
3. Methods Innovation and SW–846
Final Update IIIB. (Checklist 208).
70 FR 34538–34592 June 14,
2005. As amended August 1,
2005; 70 FR 44150–44151.
4. Academic Laboratories Generator Standards. (Checklist 220).
73 FR 72912–72960 December 1,
2008.
5.
OECD Requirements; Export
Shipments of Spend Lead-Acid
Batteries. (Checklist 222).
75 FR 1236–1262 January 8,
2010.
6. Hazardous Waste Technical Corrections
and
Clarifications.
(Checklist 223).
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Description of federal requirement
(include checklist #, if relevant)
75 FR 13009, 75 FR 31716–
31717, March 18, 2010, June 4,
2010.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024; 30
Texas Administrative Code, Chapter 335.78(j), 224.1, 324.3 and
324.14 as amended January 29, 2013 effective February 21, 2013.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024; 30
Texas Administrative Code, Chapter 335.1(39), 335.1(95),
335.1(96), 335.10(a), 335.41(f)(2)(iii), 335.67, 335.67(b), 335.68,
335.69, 335.69(m), 335.76(d), 335.11(a), 335.12(a), 335.152(a)(4),
335.15(3), and 335.112(a)(4), as amended January 29, 2013 effective February 21, 2013.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024; 30
Texas Administrative Code, Chapter 335.31, 4 as amended
335.504(1), 335.504(3), 335.504(2), 335.29(1), 335.29(2),
335.152(a)(8), 335.175(c), 335.152(a)(17)(c), 335.152(a)(17),
335.152(a)(18),
335.152(a)(21),
335.152(a)(9),
335.125(d),
335.152(19),
335.221(a)(1),
335.221(a)(3),
335.221(a)(17),
335.221(a)(23),
335.221(a),
335.431(c)(1),
305.50(a)(4)(A),
305.172(2)(a)(iii)–(iv), 324.1, 324.11, 324.12 and 324.13, amended
and effective February 21, 2013.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024; 30
Texas Administrative Code, Chapter 335.78(c)(6), 335.78(c)(7),
335.61(i) and 335.79, 335.61(i) and 335.61(i)(1)–(2), 335.61(i)(2),
and 335.79, as amended January 29, 2013 effective February 21,
2013.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024; 30
Texas Administrative Code, Chapter 335.13(o), 335.13(k), 335.76,
335.24(c)(1)(A), 335.76(a), 335.76(f), 335.76(h), 335.11(e),
335.152(a)(1), 335.112(a)(1), 335.112(a)(4) and 335.71(d), as
amended January 29, 2013 effective February 21, 2013.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024; 30
Texas Administrative Code, Chapter 335.504(1), 335.1(138)(A)(iv)
and 335.1(138(D)(iv), 335.504(2), 335.504(3), 335.61(e), 335.77,
335.62,
335.10(a),
335.69(a)(4)(B),
335.69(b),
335.69(d),
335.69(e),
335.69(f)(4)(C),
335.10(a),
335.2(o),
335.94,
335.152(a)(3), 335.153(2), 335.12(e), 335.12(c), 335.175,
335.152(a)(12), 335.152(a)(14), 335.112(a)(3), 335.113(2), 335.12,
335.125, 335.112(a)(13), 335.211(b), 335.211(b), 335.213,
335.241(d), 335.251(b)(1), 335.222(e)(1)(E), 335.431(c)(1), and
305.122(a), as amended January 29, 2013 effective February 21,
2013.
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52223
Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority )
Analogous state authority
7. Academic Laboratories Generator Standards Technical Corrections. (Checklist 226).
75 FR 79304–79308 December
20, 2010.
Texas Water Code Annotated Sections 5.103 and 5.105, 7.031,
Texas Health & Safety Code Annotated Section 361.024, 361.082;
Texas Administrative Code 335.79), as amended January 29, 2013
effective February 21, 2013.
L. Administrative Requirements
H. Where are the revised State Rules
different from the Federal Rules?
The State hazardous waste program is
at least as equivalent to the Federal
program in all areas, except where the
State program is more stringent and
broader in scope. The State’s more
stringent and broader in scope
provisions are listed in the State
codification crosswalk dated July 2009.
Under RCRA title C provisions, the EPA
cannot authorize broader in scope
provisions because the Agency cannot
enforce those regulations.
I. Who handles permits after the
authorization takes effect?
The State of Texas will issue permits
for all the provisions for which it is
authorized and will administer the
permits it issues. The EPA will continue
to administer any RCRA hazardous
waste permits or portions of permits
which we issued prior to the effective
date of this authorization. We will not
issue any more new permits or new
portions of permits for the provisions
listed in the Table in this document
after the effective date of this
authorization. The EPA will continue to
implement and issue permits for HSWA
requirements for which Texas is not yet
authorized.
J. How does today’s action affect Indian
Country (18 U.S.C. 1151) in Texas?
The State of Texas Hazardous
Program is not being authorized to
operate in Indian Country.
wreier-aviles on DSK5TPTVN1PROD with RULES
K. What is codification and is the EPA
codifying Texas’ hazardous waste
program as authorized in this rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the CFR.
We do this by referencing the
authorized State rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart SS for this
authorization of Texas’ program changes
until a later date. In this authorization
application the EPA is not codifying the
rules documented in this Federal
Register document.
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The Office of Management and Budget
(OMB) 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 action
authorizes State requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
imposed by State law. 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 action
authorizes preexisting requirements
under State law 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). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). 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
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. 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 rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
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Under RCRA 3006(b), the EPA grants
a State’s application for authorization 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
authorization 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 note) do not apply. 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
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. This 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.).
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. The EPA will
submit a report containing this
document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and 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 November 3, 2014.
E:\FR\FM\03SER1.SGM
03SER1
52224
Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations
List of Subjects in 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.
Authority: This action 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: August 5, 2014.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2014–20789 Filed 9–2–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 12–267, 11–43; FCC 13–111]
Rules Governing the Licensing of, and
Spectrum Usage by, Commercial Earth
Stations and Space Stations
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s Report and Order
adopting comprehensive changes to the
Commission’s rules governing licensing
and operation of space stations and
earth stations for the provision of
satellite communication services. This
document is consistent with the Report
and Order, which stated that the
Commission would publish a document
in the Federal Register announcing
OMB approval and the effective date of
all of the rule changes adopted in the
Report and Order.
DATES: 47 CFR 25.170, 25.171, 25.172,
25.173, 25.285, 25.286, and 25.287, and
the amendments to 47 CFR 25.103,
25.111, 25.112, 25.113, 25.114, 25.115,
25.118, 25.121, 25.129, 25.130, 25.131,
25.132, 25.133, 25.134, 25.135, 25.136,
25.138, 25.140, 25.142, 25.143, 25.144,
25.145, 25.146, 25.153, 25.154, 25.161,
25.164, 25.201, 25.202, 25.203, 25.204,
25.206, 25.208, 25.209, 25.210, 25.211,
25.212, 25.214, 25.215, 25.217, 25.218,
25.220, 25.221, 25.222, 25.223, 25.226,
25.227, 25.259, 25.260, 25.271, 25.272,
25.276, and 25.281 published February
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:42 Sep 02, 2014
Jkt 232001
12, 2014 (79 FR 8308) are effective
September 3, 2014.
The incorporation by reference of
certain publications listed in 47 CFR
25.281 is approved by the Director of
the Federal Register as of September 3,
2014.
For
additional information contact Cathy
Williams, Cathy.Williams@fcc.gov, (202)
418–2918.
FOR FURTHER INFORMATION CONTACT:
This
document announces that, on August
15, 2014, OMB approved the
information collection requirements
contained in the Commission’s Report
and Order, FCC 13–111, published at 79
FR 8308, February 12, 2014. The OMB
Control Number is 3060–0678. While
not all the revisions to part 25 adopted
in the Report and Order required
approval by OMB under the PRA, many
did. Those requirements could not go
into effect until OMB approved the
information collection requirements and
the Commission published a notice
announcing the effective date of those
requirements. To avoid confusion, all
rule changes adopted in the Report and
Order will become effective on the same
date. The Commission publishes this
notice as an announcement of the
effective date of the requirements.
Publication of this effective date
announcement does not alter the
revisions and amendments made to the
publication of FCC 13–111 at 79 FR
8308 in 79 FR 44312 (47 CFR 25.140(b));
79 FR 44140 (47 CFR 25.285(a)(2)); 79
FR 27502 (47 CFR 25.149(a)(1)); or 79
FR 27503 (47 CFR 25.113). Additionally,
the Definition of Earth Stations Aboard
Aircraft in 47 CFR 25.103 adopted April
17, 2014, and released on April 18, 2014
(FCC 14–45), should remain as
published at 79 FR 26863, May 12,
2014; effective June 11, 2014. If you
have any comments on the burden
estimates listed below, or how the
Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW., Washington, DC 20554.
Please include the OMB Control
Number, 3060–0678, in your
correspondence. The Commission will
also accept your comments via the
Internet if you send them to PRA@
fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis: As required by the
Paperwork Reduction Act of 1995 (44
U.S.C. 3507), the FCC is notifying the
public that it received OMB approval on
August 15, 2014, for the new
information collection requirements
contained in the Commission’s rules at
47 CFR 25.140, 25.145, 25.146, 25.264,
25.144, 25.142, 25.143, 25.115, 25.130,
25.132, 25.111, 25.114, 25.133, 25.218,
25.220, 25.203, 25.138, 25.131, 25.134,
25.221, 25.222, 25.226, 25.227, 25.129,
25.135, 25.223, 25.144, 25.121, 25.170,
25.113, 25.118, 25.143, 25.173, 25.171,
25.172, 25.259, 25.260, 25.164.
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0678.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Pub. L. 104–13, October 1, 1995, and 44
U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0678.
OMB Approval Date: August 15, 2014.
OMB Expiration Date: August 31,
2017.
Title: Part 25 of the Federal
Communications Commission’s Rules:
Governing the Licensing of, and
Spectrum Usage By, Commercial Earth
Stations and Space Stations.
Form No.: FCC Form 312—Main, FCC
Form 312—Schedule A, FCC Form
312—Schedule B, FCC Form 312–R,
FCC Form 312–EZ, FCC Form 312—
Schedule S.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 4,880 respondents and 4,928
responses.
Estimated Time per Response: 0.5 to
80 hours.
Frequency of Response: On occasion,
one time and annual reporting
requirements; third-party disclosure
requirement; recordkeeping
requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 154, 301, 302, 303, 307,
308, 309, 332 and 705 unless otherwise
noted.
Total Annual Burden: 34,155 hours.
Total Annual Cost: $9,998,785.
E:\FR\FM\03SER1.SGM
03SER1
]]>Agencies
[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52220-52224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20789]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2013-0624 FRL 9915-99-Region 6]
Texas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The State of Texas has applied to the Environmental Protection
Agency (EPA) for Final authorization of the changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
EPA has determined that these changes satisfy all requirements needed
to qualify for Final authorization, and is authorizing the State's
changes through this direct final action. The EPA is publishing this
rule to authorize the changes without a prior proposal because we
believe this action is not controversial and do not expect comments
that oppose it. Unless we receive written comments which oppose this
authorization during the comment period, the decision to authorize
Texas' changes to its hazardous waste program will take effect. If we
receive comments that oppose this action, we will publish a document in
the Federal Register withdrawing this rule before it takes effect, and
a separate document in the proposed rules section of this Federal
Register will serve as a proposal to authorize the changes.
DATES: This final authorization will become effective on November 3,
2014 unless the EPA receives adverse written comment by October 3,
2014. If the EPA receives such comment, it will publish a timely
withdrawal of this direct final rule in the Federal Register and inform
the public that this authorization will not take effect.
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.
3. Mail: Alima Patterson, Region 6, Regional Authorization
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, 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 regulations.gov, or email. The Federal
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 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. You can view and
copy Texas' application and associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday through Friday at the following
locations: Texas Commission on Environmental Quality, (TCEQ) 12100 Park
S. Circle, Austin Texas 78753-3087, (512) 239-6079 and EPA, Region 6,
1445 Ross Avenue, Dallas, Texas 75202-2733, phone number (214) 665-
8533. 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, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, (214) 665-8533, EPA Region
1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
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 program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State 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.
B. What decisions have we made in this rule?
We conclude that the State of Texas' application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant the State of
Texas Final Authorization to operate its hazardous waste program with
the changes described in the authorization application. The State of
Texas has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that the
EPA promulgates under the authority of HSWA take effect in authorized
States before they are
[[Page 52221]]
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 the State of
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. The State of 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 regulations for which the State of
Texas is being authorized by today's action are already effective under
State law, 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 the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a 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 on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
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, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization 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), and July 13, 2009 (74 FR 22469). 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), March 7, 2011 (76 FR 12285)
effective May 6, 2011 and March 6, 2012 (77 FR 13200) effective May 7,
2012.
On March 28, 2013, Texas submitted a final complete program
revision application, seeking authorization of its program revision in
accordance with 40 CFR 271.21. In 1991, Texas Senate Bill 2 created the
Texas Natural Resource Conservation Commission (TNRCC) which combined
the functions of the former Texas Water Commission and the former Texas
Air Control Board. The transfer of functions to the TNRCC from the two
agencies became effective on September 1, 1993. House Bill 2912,
Article 18 of the 77th Texas Legislature, 2001, changed the name of the
TNRCC to the Texas Commission on Environmental Quality (TCEQ) and
directed the TNRCC to adopt a timetable for phasing in the change of
the agency's name. The TNRCC decided to make the change of the agency's
name to the TCEQ effective September 1, 2002. The change of name became
effective September 1, 2002, and the legislative history of the name
change is documented at (See, Act of June 15, 2001, 77th Leg. R. S., Ch
965, Section 18.01, 2001 Tex. Gen. Laws 1985). The TCEQ may perform any
act authorized by law either as the TNRCC or as the TCEQ. Id.
Therefore, references to the TCEQ are references to TNRCC and to its
successor, the TCEQ.
The TCEQ has primary responsibility for administration of laws and
regulations concerning hazardous waste. The official State regulations
may be found in Title 30, Texas Administrative Code, Chapters 305, 324
and 335, effective February 21, 2013. Some of the State rules
incorporate the Federal regulations by reference. Texas Water Code
Section 5.103 and Section 5.105 and Texas Health and Safety Code
Section 361.017 and Section 361.024 confer on the Texas Commission on
Environmental Quality the powers to perform any acts necessary and
convenient to the exercise of its jurisdiction. The TCEQ is authorized
to administer the RCRA program. However, the Railroad Commission (RRC)
has jurisdiction over the discharge, storage, handling, transportation,
reclamation, or disposal of waste materials (both hazardous and non-
hazardous) that result from the activities associated with the
exploration, development, or production of oil or gas or geothermal
resources and other activities regulated by the RRC. A list of
activities that generate wastes that are subject to the jurisdiction of
the RRC is found at Texas Health and Safety Code Section 401.415. Such
wastes are termed ``oil and gas wastes.'' The TCEQ has responsibility
to administer the RCRA program, however, hazardous waste generated at
natural gas or natural gas liquids processing plants or reservoir
pressure maintenance or repressurizing plants are subject to the
jurisdiction of the TCEQ until the RRC is authorized by EPA to
administer that waste under RCRA. The TCEQ jurisdiction over Solid
waste can be found at Chapter 361, Sections 361.001 through 361.754 of
the Texas Health and Safety Code. The TCEQ's jurisdiction encompasses
hazardous and nonhazardous, industrial and municipal Solid waste. The
definition of Solid waste can be found at Texas Health and Safety Code
Section 361.003(34). When the RRC is authorized by EPA to administer
the RCRA program for these wastes, jurisdiction over such hazardous
waste will transfer from the TCEQ to the RRC. The EPA has designated
the TCEQ as the lead agency to coordinate RCRA activities between the
two agencies. The EPA is responsible for the regulation of
[[Page 52222]]
any hazardous waste for which TCEQ has not been previously authorized.
Further clarification of the jurisdiction between the TCEQ and the
RRC can be found in a separate document. This document, a Memorandum of
Understanding (MOU), became effective on May 31, 1998.
The TCEQ has the rules necessary to implement EPA's RCRA Clusters
XIX through XXI excluding the Definition of Solid Waste (Checklist 219)
in RCRA Cluster XIX and Removal of ``Saccharin and Its Salts'' from the
Lists of Hazardous Generator Standards Technical Corrections (Checklist
225) also in RCRA Cluster XXI, because the TCEQ did not adopt these
rules. The State is also seeking authorization for Recycled Used Oil
Management Standards; Clarification (Checklist 203), Uniform Hazardous
Waste Manifest Rule (Checklist 207), Academic Laboratories Generator
Standards (Checklist 220), Organization for Economic Cooperation and
Development ((OECD) (Checklist 222)) Requirements, Hazardous Waste
Technical Corrections and Clarification (Checklist 223) and Academic
Laboratories Generator Standards Technical Corrections (Checklist 226).
The TCEQ authority includes changes to 30 Texas Administrative Code
Chapters 305, 324, and 335. The Commissioners adopted these rules on
January 29, 2013 and the rules became effective on February 21, 2013.
The TCEQ authority to incorporate Federal rules by reference can be
found at Texas Administrative Code 335 Sections 335.28, 335.29 and
335.31.
G. What changes are we approving with today's action?
On March 28, 2013, the State of Texas submitted a final complete
program application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make a direct final decision,
subject to receipt of written comments that oppose this action that the
State of Texas' hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization. The State of
Texas revisions consist of regulations which specifically govern
Federal Hazardous Waste revisions promulgated from July 30, 2003,
through December 20, 2010. The adoption for RCRA Clusters XIX through
XXI are Checklists 220, 222, 223, and 226. Also Checklists 203, 207 and
208 are included in the below chart.
------------------------------------------------------------------------
Federal Register
Description of federal date and page
requirement (include (and/or RCRA Analogous state
checklist , if statutory authority
relevant) authority )
------------------------------------------------------------------------
1. Recycled Used Oil 64 FR 44659-44665 Texas Water Code
Management Standards; July 30, 2003. Annotated Sections
Clarification. (Checklist 5.103 and 5.105,
203). Texas Health &
Safety Code
Annotated Section
361.017 and 361.024;
30 Texas
Administrative Code,
Chapter 335.78(j),
224.1, 324.3 and
324.14 as amended
January 29, 2013
effective February
21, 2013.
2. Uniform Hazardous Waste 70 FR 10776-10825 Texas Water Code
Manifest Rule. (Checklist March 4, 2005. Annotated Sections
207). 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Section
361.017 and 361.024;
30 Texas
Administrative Code,
Chapter 335.1(39),
335.1(95),
335.1(96),
335.10(a),
335.41(f)(2)(iii),
335.67, 335.67(b),
335.68, 335.69,
335.69(m),
335.76(d),
335.11(a),
335.12(a),
335.152(a)(4),
335.15(3), and
335.112(a)(4), as
amended January 29,
2013 effective
February 21, 2013.
3. Methods Innovation and SW- 70 FR 34538-34592 Texas Water Code
846 Final Update IIIB. June 14, 2005. Annotated Sections
(Checklist 208). As amended 5.103 and 5.105,
August 1, 2005; Texas Health &
70 FR 44150- Safety Code
44151. Annotated Section
361.017 and 361.024;
30 Texas
Administrative Code,
Chapter 335.31, 4 as
amended 335.504(1),
335.504(3),
335.504(2),
335.29(1),
335.29(2),
335.152(a)(8),
335.175(c),
335.152(a)(17)(c),
335.152(a)(17),
335.152(a)(18),
335.152(a)(21),
335.152(a)(9),
335.125(d),
335.152(19),
335.221(a)(1),
335.221(a)(3),
335.221(a)(17),
335.221(a)(23),
335.221(a),
335.431(c)(1),
305.50(a)(4)(A),
305.172(2)(a)(iii)-(
iv), 324.1, 324.11,
324.12 and 324.13,
amended and
effective February
21, 2013.
4. Academic Laboratories 73 FR 72912-72960 Texas Water Code
Generator Standards. December 1, 2008. Annotated Sections
(Checklist 220). 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Section
361.017 and 361.024;
30 Texas
Administrative Code,
Chapter
335.78(c)(6),
335.78(c)(7),
335.61(i) and
335.79, 335.61(i)
and 335.61(i)(1)-
(2), 335.61(i)(2),
and 335.79, as
amended January 29,
2013 effective
February 21, 2013.
5. OECD Requirements; Export 75 FR 1236-1262 Texas Water Code
Shipments of Spend Lead-Acid January 8, 2010. Annotated Sections
Batteries. (Checklist 222). 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Section
361.017 and 361.024;
30 Texas
Administrative Code,
Chapter 335.13(o),
335.13(k), 335.76,
335.24(c)(1)(A),
335.76(a),
335.76(f),
335.76(h),
335.11(e),
335.152(a)(1),
335.112(a)(1),
335.112(a)(4) and
335.71(d), as
amended January 29,
2013 effective
February 21, 2013.
6. Hazardous Waste Technical 75 FR 13009, 75 Texas Water Code
Corrections and FR 31716-31717, Annotated Sections
Clarifications. (Checklist March 18, 2010, 5.103 and 5.105,
223). June 4, 2010. Texas Health &
Safety Code
Annotated Section
361.017 and 361.024;
30 Texas
Administrative Code,
Chapter 335.504(1),
335.1(138)(A)(iv)
and
335.1(138(D)(iv),
335.504(2),
335.504(3),
335.61(e), 335.77,
335.62, 335.10(a),
335.69(a)(4)(B),
335.69(b),
335.69(d),
335.69(e),
335.69(f)(4)(C),
335.10(a), 335.2(o),
335.94,
335.152(a)(3),
335.153(2),
335.12(e),
335.12(c), 335.175,
335.152(a)(12),
335.152(a)(14),
335.112(a)(3),
335.113(2), 335.12,
335.125,
335.112(a)(13),
335.211(b),
335.211(b), 335.213,
335.241(d),
335.251(b)(1),
335.222(e)(1)(E),
335.431(c)(1), and
305.122(a), as
amended January 29,
2013 effective
February 21, 2013.
[[Page 52223]]
7. Academic Laboratories 75 FR 79304-79308 Texas Water Code
Generator Standards Technical December 20, Annotated Sections
Corrections. (Checklist 226). 2010. 5.103 and 5.105,
7.031, Texas Health
& Safety Code
Annotated Section
361.024, 361.082;
Texas Administrative
Code 335.79), as
amended January 29,
2013 effective
February 21, 2013.
------------------------------------------------------------------------
H. Where are the revised State Rules different from the Federal Rules?
The State hazardous waste program is at least as equivalent to the
Federal program in all areas, except where the State program is more
stringent and broader in scope. The State's more stringent and broader
in scope provisions are listed in the State codification crosswalk
dated July 2009. Under RCRA title C provisions, the EPA cannot
authorize broader in scope provisions because the Agency cannot enforce
those regulations.
I. Who handles permits after the authorization takes effect?
The State of Texas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Texas is
not yet authorized.
J. How does today's action affect Indian Country (18 U.S.C. 1151) in
Texas?
The State of Texas Hazardous Program is not being authorized to
operate in Indian Country.
K. What is codification and is the EPA codifying Texas' hazardous waste
program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart SS for this authorization of Texas' program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register document.
L. Administrative Requirements
The Office of Management and Budget (OMB) 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
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
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 action
authorizes preexisting requirements under State law 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). For the same reason, this action also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). 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 authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. 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 rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(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
authorization 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 authorization 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 note) do not apply. 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 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. This 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.).
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. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and 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 November 3, 2014.
[[Page 52224]]
List of Subjects in 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.
Authority: This action 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: August 5, 2014.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2014-20789 Filed 9-2-14; 8:45 am]
BILLING CODE 6560-50-P
