Texas: Final Authorization of State Hazardous Waste Management Program Revision, 63691-63695 [2015-26789]
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Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations
Dated: October 13, 2015.
Susan Lewis,
Director, Registration Division, Office of
Pesticide Programs.
*
Therefore, 40 CFR chapter I is
amended as follows:
ENVIRONMENTAL PROTECTION
AGENCY
PART 180—[AMENDED]
40 CFR Part 271
1. The authority citation for part 180
continues to read as follows:
[EPA–R06–RCRA–2015–0109; FRL–9936–
00–Region 6]
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.518, the table in paragraph
(a)(1):
■ a. Remove the commodities ‘‘fruit,
citrus, group 10, except lemon,
postharvest’’; ‘‘fruit, pome, group 11
(pre-harvest and post-harvest)’’; ‘‘fruit,
stone, group 12’’; ‘‘lemon, preharvest
and postharvest’’; and ‘‘tomato’’; and
■ b. Add alphabetically the following
commodities to the table.
The additions read as follows:
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BILLING CODE 6560–50–P
■
■
*
[FR Doc. 2015–26596 Filed 10–20–15; 8:45 am]
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 United States
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
§ 180.518 Pyrimethanil; tolerances for
these changes satisfy all requirements
residues.
needed to qualify for final authorization,
(a) General. (1) * * *
and is authorizing the State’s changes
through this direct final rule. In the
Parts per
Commodity
‘‘Proposed Rules’’ section of today’s
million
Federal Register, EPA is also publishing
a separate document that serves as the
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proposal to authorize these changes.
Bushberry subgroup 13–07B ......
8.0 EPA believes this action is not
Caneberry subgroup 13–07A .....
15 controversial and does not expect
comments that oppose it. Unless EPA
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Cucumber ...................................
1.5 receives written comments which
Fruit, citrus, group 10–10 ...........
10 oppose this authorization during the
Fruit, pome, group 11–10 ...........
15 comment period, the decision to
authorize Texas’ changes to its
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hazardous waste program will take
Fruit, stone, group 12–12 ...........
10 effect. If EPA receives comments that
oppose this action, EPA will publish a
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document in the Federal Register
Tomato subgroup 8–10A ............
0.50
withdrawing today’s direct final rule
before it takes effect, and the separate
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document in today’s ‘‘Proposed Rules’’
section of this Federal Register will
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serve as the proposal to authorize the
■ 3. In § 180.518, in the table in
changes.
paragraph (a)(1), effective April 21,
DATES: This final authorization is
2016, revise the existing tolerance
effective on December 21, 2015 unless
‘‘Onion, bulb, subgroup 3–07A’’ to read
the EPA receives adverse written
as follows:
comment by November 20, 2015. If the
§ 180.518 Pyrimethanil; tolerances for
EPA receives such comment, EPA will
residues.
publish a timely withdrawal of this
direct final rule in the Federal Register
(a) General.
and inform the public that this
(1) * * *
authorization will not take effect.
ADDRESSES: Submit your comments by
Parts per
Commodity
million
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
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instructions for submitting comments.
Onion, bulb, subgroup 3–07A ....
0.2
• Email: [insert name and email
address of appropriate Regional
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*
contact].
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SUMMARY:
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63691
• Fax: (prior to faxing, please notify
the EPA contact listed below).
• Mail: [insert name and address of
appropriate Regional contact].
• Hand Delivery or Courier: Deliver
your comments to [insert name and
address of appropriate Regional
contact].
Instructions: EPA must receive your
comments by November 20, 2015. Direct
your comments to Docket ID Number
0109. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
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 regulations.gov, or
email. The Federal regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means 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 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, 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 EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, 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 EPA’s public docket, visit the EPA
Docket Center homepage at
www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov, or in hard copy.
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
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Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations
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 6, 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.
New Federal requirements and
prohibitions imposed by Federal
regulations that EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized States at the
same time that they take effect in
unauthorized States. Thus, EPA will
implement those requirements and
prohibitions in the State of Texas,
including the issuance of new permits
implementing those requirements, until
the State is granted authorization to do
so.
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B. What decisions have EPA made in
this rule?
On April 3, 2015, the State of Texas
submitted a final complete program
revision application seeking
authorization of changes to its
hazardous waste program that
correspond to certain Federal rules
promulgated between promulgated
between June 13, 2011, and January 3,
2014. The adoption for RCRA Clusters
XXI through XXIII (Checklists 227, 229
and 230). EPA concludes that the State
of Texas’s application to revise its
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authorized program meets all of the
statutory and regulatory requirements
established by RCRA, as set forth in
RCRA section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore,
EPA grants the State of Texas final
authorization to operate its hazardous
waste program with the changes
described in the authorization
application, and as outline below in
Section G of this document. The State
of Texas has responsibility for
permitting treatment, storage, and
disposal facilities (TSDFs) within its
borders (except in Indian Country). In
today’s action under Section 18 U.S.C.
1151 does not affect Indian Country.
Because the State of Texas Hazardous
waste Program is not being authorized
to operate in Indian Country and for
carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of HSWA, as discussed
above). 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,
EPA will implement those requirements
and prohibitions in the State of 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 is EPA using a direct final rule?
Along with this direct final rule, EPA
is publishing a separate document in the
‘‘Proposed Rules’’ section of today’s
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Federal Register that serves as the
proposal to authorize these State
program changes. EPA did not publish
a proposal before today’s rule because
EPA views this as a routine program
changes and does not expect comments.
EPA also views the State of Texas
program revisions as noncontroversial
action and anticipate no adverse
comment.
EPA is providing an opportunity for
public comment now, as described in
Section E of this document.
E. What happens if the EPA receives
comments that oppose this action?
If the EPA receives comments that
oppose this authorization, EPA will
withdraw today’s direct final 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 section, after
considering all comments received
during the comment period. EPA 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 EPA receives comments that oppose
only the authorization of a particular
change to the State hazardous waste
program, EPA 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
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Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations
(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 and
September 3, 2014 (79 FR 52220–52224)
effective November 3, 2014.
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
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 XXI
through XXIII, excluding the Hazardous
Waste Technical Corrections and
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1. Revisions of the Land Disposal Treatment Standards
for Carbamate Wastes. (Checklist 227).
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Clarification Rule in Cluster XXII
(Checklist 228), because the TCEQ
needs to make a technical corrections to
their adoption of the rule. The State is
seeking authorization for Revision of the
Land Disposal Treatment Standards for
Carbamate Wastes (Checklist 227),
Conditional Exclusion for Solvent
Contaminated Wipes (Checklist 229)
and Conditional Exclusion for Carbon
Dioxide (CO2) Streams in Geologic
Sequestration Activities (Checklist 230).
The Commissioners adopted revisions
to the Federal hazardous waste
standards promulgated between June 13,
2011, and January 3, 2014. TCEQ
regulations 30 Texas Administrative
Code Chapter 335 were revised to
include these revisions to the RCRA
Clusters XXI through XXIII. The TCEQ
adopted the Federal regulations on
December 10, 2014. The revisions were
published in the Texas Register on
January 2, 2015 and became effective on
January 8, 2015. 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 EPA authorizing with
today’s action?
On April 3, 2015 the State of Texas
submitted a final complete program
revision application, seeking
authorization of their changes in
accordance with 40 CFR 271.21. We
now make direct final decision, subject
to receipt of written comments that
oppose this action that the State of
Texas’ hazardous waste program
revision are equivalent to, consistent
with, and no less stringent than the
Federal program, and therefore satisfy
all of requirements necessary to qualify
for final authorization. Therefore, EPA
grants the State of Texas final
authorization for RCRA Cluster XXII
through XXIII (Checklists 227, 229 and
230). The State of Texas program
revisions consist of regulations which
specifically govern Federal Hazardous
Waste revisions promulgated between
June 13, 2011, and January 3, 2014
which are listed in the chart below.
Federal Register date and
page
(and/or RCRA statutory
authority )
Description of federal requirement
(include checklist #, if relevant)
76 FR 34147–34157 June
13, 2011.
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Analogous state authority
Texas Water Code Annotated Sections 5.103 and
5.105, Texas Health & Safety Code Annotated Sections 361.017 and 361.024; 30 Texas Administrative
Code, Chapter 335 Section 335.431(c)(1), adopted
December 10, 2014 and effective January 8, 2015.
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Federal Register date and
page
(and/or RCRA statutory
authority )
Description of federal requirement
(include checklist #, if relevant)
2. Conditional Exclusions for Solvent Contaminated
Wipes. (Checklist 229).
78 FR 46448–46485 July
31, 2013.
3. Conditional Exclusion for Carbon Dioxide (CO2)
Streams in Geologic Sequestration Activities. (Checklist 230).
79 FR 350–364 January 3,
2014.
H. Where are the revised state rules
different from the Federal rules?
The State of Texas hazardous waste
program is equivalent to the Federal
program in all areas except where the
State program is broader in scope. In the
State of Texas, some rules are broader in
scope because they cover both
hazardous waste and Class 1
nonhazardous waste, whereas the
Federal regulations cover only
hazardous waste. Other differences
which are broader in scope or more
stringent contained in the past
authorization packages include more
frequent public notices for traditional
hazardous waste permits and for
Standard Permit; financial assurance
requirements for persons seeking to
acquire a hazardous waste permit
through transfer, and deferring of
variances and exemptions from the
Land Disposal Restrictions to EPA.
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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. EPA will not
issue any more new permits or new
portions of permits for the provisions
listed in the chart 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. 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
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Analogous state authority
Texas Water Code Annotated Sections 5.103 and
5.105, Texas Health & Safety Code Annotated Sections 361.017 and 361.024; 30 Texas Administrative
Code, Chapter 335 Section 335.1(104), 335.1(141),
335.1(174), 335.1(140)(A)(iv), 335.504(1) adopted
December 10, 2014 and effective January 8, 2015.
Texas Water Code Annotated Sections 5.103 and
5.105, Texas Health & Safety Code Annotated Sections 361.017 and 361.024; 30 Texas Administrative
Code, Chapter 335 Section 335.1(16), and
335.504(1), adopted December 10, 2014 and effective January 8, 2015.
authorized State rules in 40 CFR parts
272. We reserve the amendment of 40
CFR parts 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.
K. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Orders
12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21,
2011). 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
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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.).
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal
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executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Because this rule authorizes pre-existing
State rules which are at least equivalent
to, and no less stringent than existing
federal requirements, and imposes no
additional requirements beyond those
imposed by State law, and there are no
anticipated significant adverse human
health or environmental effects, the rule
is not subject to Executive Order 12898.
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
nevertheless will be effective December
21, 2015.
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.
tkelley on DSK3SPTVN1PROD with RULES
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: October 1, 2015.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2015–26789 Filed 10–20–15; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:24 Oct 20, 2015
Jkt 238001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 360, 365, 366, 368, 385,
387, 390 and 392
[Docket No. FMCSA–1997–2349]
RIN 2126–AB85; Formerly 2126–AA22
Unified Registration System
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule; extension of effective
dates.
AGENCY:
FMCSA delays the effective
and compliance dates for its August 23,
2013, Unified Registration System (URS)
final rule. Because FMCSA changes the
effective date (the actual date when the
regulatory text that appears in the Code
of Federal Regulations (CFR) will be
changed) and makes technical
corrections and conforming
amendments to the 2013 regulatory text,
the Agency has determined that it is in
the best interest of the regulated entities,
our State partners and the general
public to present the full text of the
sections affected. The 2013 URS final
rule was issued to improve the
registration process for motor carriers,
property brokers, freight forwarders,
Intermodal Equipment Providers (IEPs),
hazardous materials safety permit
(HMSP) applicants and cargo tank
facilities required to register with
FMCSA, and streamline the existing
Federal registration processes to ensure
the Agency can more efficiently track
these entities. Today’s final rule delays
the implementation of the 2013 final
rule in order to allow FMCSA additional
time to complete the information
technology (IT) systems work required
to fully implement that rule.
DATES: Effective Dates: The effective
date of this rule is September 30, 2016,
except for §§ 365.T106, 368.T3, and
390.T200, which are effective from
December 12, 2015 through September
29, 2016. The effective dates of the rule
published at 78 FR 52608 (August 23,
2013) are delayed until September 30,
2016. The withdrawal of Instruction #1
from the correction published at 78 FR
63100 (October 23, 2013) is effective
October 21, 2015.
Compliance Dates: The compliance
date for this rule is September 30, 2016,
except that: New applicants must
comply with §§ 365.T106, 368.T3 or
390.T200 (as applicable) from December
12, 2015 through September 29, 2016;
private hazardous material carriers and
exempt for-hire carriers must comply
SUMMARY:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
63695
with §§ 387.19 or 387.43 (as applicable)
by December 31, 2016; and all entities
must comply with § 366.2 by December
31, 2016.
Petitions for reconsideration must be
received by November 20, 2015.
ADDRESSES: Petitions for reconsideration
must be submitted to: Administrator,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
All background documents,
comments, and materials related to this
rule may be viewed in docket number
FMCSA–1997–2349 using either of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
Mr.
Jeffrey S. Loftus, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, by telephone at (202) 385–2363 or
via email at jeff.loftus@dot.gov. Office
hours are from 8:00 a.m. to 4:30 p.m.
ET, Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Preamble Table of Contents
I. Executive Summary
II. Public Participation
A. Viewing Comments and Documents
B. Privacy Act
III. Acronyms and Abbreviations
IV. Background
A. Legal Authority
B. Regulatory History
V. Section-by-Section Analysis
A. Overview
B. Part 360, Fees for Motor Carrier
Registration and Insurance
C. Part 365, Rules Governing Applications
for Operating Authority
D. Part 366, Designation of Process Agent
E. Part 368, Application for a Certificate of
Registration To Operate in
Municipalities in the United States on
the United States-Mexico International
Border or Within the Commercial Zones
of Such Municipalities
F. Part 385, Safety Fitness Procedures
G. Part 387, Minimum Levels of Financial
Responsibility for Motor Carriers
H. Part 390, Federal Motor Carrier Safety
Regulations, General
VI. Rulemaking Analyses and Notices
A. Executive Order 12866 and Executive
Order 13563
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act of 1995
D. National Environmental Policy Act
E. Paperwork Reduction Act
F. Executive Order 12630 (Taking of
Private Property)
E:\FR\FM\21OCR1.SGM
21OCR1
]]>Agencies
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Rules and Regulations]
[Pages 63691-63695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26789]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2015-0109; FRL-9936-00-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 United States
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 rule. In the
``Proposed Rules'' section of today's Federal Register, EPA is also
publishing a separate document that serves as the proposal to authorize
these changes. EPA believes this action is not controversial and does
not expect comments that oppose it. Unless EPA receives 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 EPA receives comments that oppose this action, EPA
will publish a document in the Federal Register withdrawing today's
direct final rule before it takes effect, and the separate document in
today's ``Proposed Rules'' section of this Federal Register will serve
as the proposal to authorize the changes.
DATES: This final authorization is effective on December 21, 2015
unless the EPA receives adverse written comment by November 20, 2015.
If the EPA receives such comment, EPA 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:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: [insert name and email address of appropriate
Regional contact].
Fax: (prior to faxing, please notify the EPA contact
listed below).
Mail: [insert name and address of appropriate Regional
contact].
Hand Delivery or Courier: Deliver your comments to [insert
name and address of appropriate Regional contact].
Instructions: EPA must receive your comments by November 20, 2015.
Direct your comments to Docket ID Number 0109. EPA's policy is that all
comments received will be included in the public docket without change
and may be made available online at www.regulations.gov, including any
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
regulations.gov, or email. The Federal regulations.gov Web site is an
``anonymous access'' system, which means 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 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, 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 EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, 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 EPA's public docket,
visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov, or in hard copy.
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
[[Page 63692]]
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
6, 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.
New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized States at the
same time that they take effect in unauthorized States. Thus, EPA will
implement those requirements and prohibitions in the State of Texas,
including the issuance of new permits implementing those requirements,
until the State is granted authorization to do so.
B. What decisions have EPA made in this rule?
On April 3, 2015, the State of Texas submitted a final complete
program revision application seeking authorization of changes to its
hazardous waste program that correspond to certain Federal rules
promulgated between promulgated between June 13, 2011, and January 3,
2014. The adoption for RCRA Clusters XXI through XXIII (Checklists 227,
229 and 230). EPA concludes that the State of Texas's application to
revise its authorized program meets all of the statutory and regulatory
requirements established by RCRA, as set forth in RCRA section 3006(b),
42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA grants the State
of Texas final authorization to operate its hazardous waste program
with the changes described in the authorization application, and as
outline below in Section G of this document. The State of Texas has
responsibility for permitting treatment, storage, and disposal
facilities (TSDFs) within its borders (except in Indian Country). In
today's action under Section 18 U.S.C. 1151 does not affect Indian
Country. Because the State of Texas Hazardous waste Program is not
being authorized to operate in Indian Country and for carrying out the
aspects of the RCRA program described in its revised program
application, subject to the limitations of HSWA, as discussed above).
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, EPA will implement those requirements and
prohibitions in the State of 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 is EPA using a direct final rule?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of today's Federal Register
that serves as the proposal to authorize these State program changes.
EPA did not publish a proposal before today's rule because EPA views
this as a routine program changes and does not expect comments. EPA
also views the State of Texas program revisions as noncontroversial
action and anticipate no adverse comment.
EPA is providing an opportunity for public comment now, as
described in Section E of this document.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, EPA
will withdraw today's direct final 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 section, after considering
all comments received during the comment period. EPA 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 EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA 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
[[Page 63693]]
(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 and September 3, 2014 (79 FR 52220-52224)
effective November 3, 2014.
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 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
XXI through XXIII, excluding the Hazardous Waste Technical Corrections
and Clarification Rule in Cluster XXII (Checklist 228), because the
TCEQ needs to make a technical corrections to their adoption of the
rule. The State is seeking authorization for Revision of the Land
Disposal Treatment Standards for Carbamate Wastes (Checklist 227),
Conditional Exclusion for Solvent Contaminated Wipes (Checklist 229)
and Conditional Exclusion for Carbon Dioxide (CO2) Streams
in Geologic Sequestration Activities (Checklist 230). The Commissioners
adopted revisions to the Federal hazardous waste standards promulgated
between June 13, 2011, and January 3, 2014. TCEQ regulations 30 Texas
Administrative Code Chapter 335 were revised to include these revisions
to the RCRA Clusters XXI through XXIII. The TCEQ adopted the Federal
regulations on December 10, 2014. The revisions were published in the
Texas Register on January 2, 2015 and became effective on January 8,
2015. 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 EPA authorizing with today's action?
On April 3, 2015 the State of Texas submitted a final complete
program revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make direct final decision,
subject to receipt of written comments that oppose this action that the
State of Texas' hazardous waste program revision are equivalent to,
consistent with, and no less stringent than the Federal program, and
therefore satisfy all of requirements necessary to qualify for final
authorization. Therefore, EPA grants the State of Texas final
authorization for RCRA Cluster XXII through XXIII (Checklists 227, 229
and 230). The State of Texas program revisions consist of regulations
which specifically govern Federal Hazardous Waste revisions promulgated
between June 13, 2011, and January 3, 2014 which are listed in the
chart below.
------------------------------------------------------------------------
Federal Register
Description of federal date and page
requirement (include (and/or RCRA Analogous state
checklist #, if relevant) statutory authority
authority )
------------------------------------------------------------------------
1. Revisions of the Land 76 FR 34147-34157 Texas Water Code
Disposal Treatment Standards June 13, 2011. Annotated Sections
for Carbamate Wastes. 5.103 and 5.105,
(Checklist 227). Texas Health &
Safety Code
Annotated Sections
361.017 and 361.024;
30 Texas
Administrative Code,
Chapter 335 Section
335.431(c)(1),
adopted December 10,
2014 and effective
January 8, 2015.
[[Page 63694]]
2. Conditional Exclusions for 78 FR 46448-46485 Texas Water Code
Solvent Contaminated Wipes. July 31, 2013. Annotated Sections
(Checklist 229). 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Sections
361.017 and 361.024;
30 Texas
Administrative Code,
Chapter 335 Section
335.1(104),
335.1(141),
335.1(174),
335.1(140)(A)(iv),
335.504(1) adopted
December 10, 2014
and effective
January 8, 2015.
3. Conditional Exclusion for 79 FR 350-364 Texas Water Code
Carbon Dioxide (CO2) Streams January 3, 2014. Annotated Sections
in Geologic Sequestration 5.103 and 5.105,
Activities. (Checklist 230). Texas Health &
Safety Code
Annotated Sections
361.017 and 361.024;
30 Texas
Administrative Code,
Chapter 335 Section
335.1(16), and
335.504(1), adopted
December 10, 2014
and effective
January 8, 2015.
------------------------------------------------------------------------
H. Where are the revised state rules different from the Federal rules?
The State of Texas hazardous waste program is equivalent to the
Federal program in all areas except where the State program is broader
in scope. In the State of Texas, some rules are broader in scope
because they cover both hazardous waste and Class 1 nonhazardous waste,
whereas the Federal regulations cover only hazardous waste. Other
differences which are broader in scope or more stringent contained in
the past authorization packages include more frequent public notices
for traditional hazardous waste permits and for Standard Permit;
financial assurance requirements for persons seeking to acquire a
hazardous waste permit through transfer, and deferring of variances and
exemptions from the Land Disposal Restrictions to EPA.
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. EPA will not issue any more new permits or new portions
of permits for the provisions listed in the chart 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. 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 parts 272. We reserve the amendment of 40 CFR parts
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.
K. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). 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.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal
[[Page 63695]]
executive policy on environmental justice. Its main provision directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Because this rule authorizes pre-existing State rules
which are at least equivalent to, and no less stringent than existing
federal requirements, and imposes no additional requirements beyond
those imposed by State law, and there are no anticipated significant
adverse human health or environmental effects, the rule is not subject
to Executive Order 12898.
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 nevertheless will be effective December 21, 2015.
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: October 1, 2015.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2015-26789 Filed 10-20-15; 8:45 am]
BILLING CODE 6560-50-P
