Texas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program, 80672-80682 [2015-31881]
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80672
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule 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 of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: December 15, 2015.
Susan Lewis,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
§ 180.495 Spinosad; tolerances for
residues.
(a) General. Tolerances are
established for residues of the
insecticide spinosad, including its
metabolites and degradates, in or on the
commodities in the table below.
Compliance with the tolerance levels
specified below is to be determined by
measuring only the sum of spinosyn A
(Factor A: CAS # 131929–60–7;
(2R,3aS,5aR,5bS,9S,13S,14R,16aS,16bR)
-2-[(6-deoxy-2,3,4-tri-O-methyl-a-Lmanno-pyranosyl)oxy]-13-[[5(dimethylamino)-tetrahydro-6-methyl2H-pyran-2-yl]oxy]-9-ethyl,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-14-methyl-1H-asindaceno[3,2-d]oxacyclododecin-7,15dione; and spinosyn D (Factor D; CAS
# 131929–63–0; (2S,3aR,5aS,5bS,9S,13S,
14R,16aS,16bS)-2-[(6-deoxy-2,3,4-tri-Omethyl-a-L-manno-pyranosyl)oxy]-13[[5-(dimethyl-amino)-tetrahydro-6methyl-2H-pyran-2-yl]oxy]-9-ethyl,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-4,14-methyl-1H-asindaceno[3,2-d]oxacyclododecin-7,15dione, calculated as the stoichiometric
equivalent of spinosad.
Parts per
million
Commodity
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.495, paragraph (a):
a. Revise the introductory text.
b. Remove the entries in the table for
‘‘Bushberry subgroup 13B’’; ‘‘Caneberry
subgroup 13A’’; ‘‘Cotton, undelinted
seed’’; ‘‘Fruit, citrus, group 10’’; ‘‘Fruit,
pome, group 11’’; ‘‘Fruit, stone, group
12’’; ‘‘Grape’’; ‘‘Juneberry’’;
‘‘Lingonberry’’; ‘‘Nut tree, group 14’’;
‘‘Okra’’; ‘‘Onion, green’’; ‘‘Pistachio’’;
‘‘Salal’’; ‘‘Strawberry’’; ‘‘Vegetable, bulb,
group 3, except green onion’’; and
‘‘Vegetable, fruiting, group 8’’.
■ c. Revise the entry in the table for
‘‘Grape, raisin’’.
■ d. Add alphabetically entries to the
table for ‘‘Berry, low growing, subgroup
13–07G, except cranberry’’; ‘‘Bushberry
subgroup 13–07B’’; ‘‘Caneberry
subgroup 13–07A’’; ‘‘Coffee, green
bean’’; ‘‘Cottonseed subgroup 20C’’;
‘‘Fruit, citrus, group 10–10’’; ‘‘Fruit,
pome, group 11–10’’; ‘‘Fruit, small, vine
climbing, subgroup13–07F, except fuzzy
kiwifruit’’; ‘‘Nut, tree, group 14–12’’;
‘‘Onion, bulb, subgroup 3–07A’’;
‘‘Onion, green, subgroup 3–07B’’;
‘‘Quinoa, grain’’; and ‘‘Vegetable,
fruiting, group 8–10’’.
The additions and revision read as
follows:
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■
■
■
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*
*
*
*
Berry, low growing, subgroup
13–07G, except cranberry ......
0.90
*
*
*
*
Bushberry subgroup 13–07B ......
Caneberry subgroup 13–07A .....
*
0.40
1.0
*
*
*
*
Coffee, green bean .....................
*
0.04
*
*
*
*
Cottonseed subgroup 20C .........
*
0.02
*
*
*
*
Fruit, citrus, group 10–10 ...........
Fruit, pome, group 11–10 ...........
Fruit, small, vine climbing,
subgroup13–07F, except fuzzy
kiwifruit ....................................
Fruit, stone 12–12 ......................
*
0.30
0.20
*
0.50
0.20
*
*
*
*
Grape, raisin ...............................
*
*
*
*
*
Nut, tree, group 14–12 ...............
*
0.10
*
*
*
*
Onion, bulb, subgroup 3–07A ....
Onion, green, subgroup 3–07B ..
*
0.10
4.0
*
*
*
*
Quinoa, grain ..............................
*
0.02
*
*
*
*
Vegetable, fruiting, group 8–10 ..
*
0.40
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million
Commodity
1.0
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[FR Doc. 2015–32168 Filed 12–24–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
[EPA–R06–RCRA–2015–0110; FRL–9939–
51–Region 6]
Texas: Final Authorization of StateInitiated Changes and Incorporation by
Reference of State Hazardous Waste
Management Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
During a review of Texas’
regulations, the Environmental
Protection Agency (EPA) identified a
variety of State-initiated changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). We have determined that
these changes are minor and satisfy all
requirements needed to qualify for Final
authorization and are authorizing the
State-initiated changes through this
direct Final action. In addition, this
document corrects technical errors
made in the September 3, 2014, Federal
Register authorization document for
Texas.
The Solid Waste Disposal Act, as
amended, commonly referred to as the
Resource Conservation and Recovery
Act (RCRA), allows the Environmental
Protection Agency (EPA) to authorize
States to operate their hazardous waste
management programs in lieu of the
Federal program. The EPA uses the
regulations entitled ‘‘Approved State
Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State statutes and
regulations that will be subject to the
EPA’s inspection and enforcement. The
rule codifies in the regulations the prior
approval of Texas’ hazardous waste
management program and incorporates
by reference authorized provisions of
the State’s statutes and regulations.
DATES: This regulation is effective
February 26, 2016, unless the EPA
receives adverse written comment on
this regulation by the close of business
January 27, 2016. If the EPA receives
such comments, it will publish a timely
SUMMARY:
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withdrawal of this direct final rule in
the Federal Register informing the
public that this rule will not take effect.
The Director of the Federal Register
approves this incorporation by reference
as of February 26, 2016 in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2 Email: patterson.alima@epa.gov or
banks.julia@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator, or
Julia Banks, Codification Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733.
4. Hand Delivery or Courier: Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, or Julia Banks, Codification
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Do not submit
information that you consider to be
Confidential Business Information (CBI)
or otherwise protected through https://
www.regulations.gov, or email. The
Federal https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. (For additional information
about the EPA’s public docket, visit the
EPA Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.)
You can view and copy the
documents that form the basis for this
authorization and codification and
associated publicly available materials
VerDate Sep<11>2014
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Jkt 238001
from 8:30 a.m. to 4 p.m., Monday
through Friday, at the following
location: EPA, Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733,
phone number: (214) 665–8533 or (214)
665–8178. Interested persons wanting to
examine these documents should make
an appointment with the office at least
two weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6 Regional
Authorization Coordinator, or Julia
Banks, Codification Coordinator, State/
Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733,
Phone number: (214) 665–8533 or (214)
665–8178, and Email address:
patterson.alima@epa.gov or
banks.julia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Authorization of State-Initiated
Changes
A. Why are revisions to State programs
necessary?
States which have received Final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
hazardous waste program. As the
Federal program changes, the States
must change their programs and ask the
EPA to authorize the changes. Changes
to State hazardous waste programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273 and 279.
States can also initiate their own
changes to their hazardous waste
program and these changes must then be
authorized.
B. What decisions have we made in this
rule?
We conclude that Texas’ revisions to
its authorized program meet all of the
statutory and regulatory requirements
established by RCRA. We found that the
State-initiated changes make Texas’
rules more clear or conform more
closely to the Federal equivalents, and
are so minor in nature that a formal
application is unnecessary. Therefore,
we grant Texas final authorization to
operate its hazardous waste program
with the changes described in the table
at Section G below. Texas has
responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs)
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80673
within its borders (except in Indian
Country) and for carrying out all
authorized aspects of the RCRA
program, subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, the EPA will
implement those requirements and
prohibitions in Texas, including issuing
permits, until the State is granted
authorization to do so.
C. What is the effect of this
authorization decision?
The effect of this decision is that a
facility in Texas, subject to RCRA, will
now have to comply with the authorized
State requirements, instead of the
equivalent Federal requirements, in
order to comply with RCRA. Texas has
enforcement responsibilities under its
State hazardous waste program for
violations of such program, but the EPA
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
• Do inspections, and require
monitoring, tests, analyses, or reports;
• Enforce RCRA requirements and
suspend or revoke permits; and
• Take enforcement actions,
regardless of whether the State has
taken its own actions.
This action does not impose
additional requirements on the
regulated community because the
statutes and regulations for which Texas
is being authorized by this direct action
are already effective and are not
changed by this action.
D. Why wasn’t there a proposed rule
before this rule?
The EPA did not publish a proposal
before this rule because we view this as
a routine program change and do not
expect comments that oppose this
approval. We are providing an
opportunity for public comment now. In
addition to this rule, in the Proposed
Rules section of this Federal Register,
we are publishing a separate document
that proposes to authorize the State
program changes.
E. What happens if EPA receives
comments that oppose this action?
If the EPA receives comments that
oppose the authorization of the Stateinitiated changes in this codification
document, we will withdraw this rule
by publishing a timely document in the
Federal Register before the rule
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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. 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 may 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
above. The Federal Register withdrawal
document will specify which part of the
authorization of the State program will
become effective and which part is
being withdrawn.
The purpose of this Federal Register
document is to codify Texas’ base
hazardous waste management program
and its revisions to that program. The
EPA has already provided notices and
opportunity for comments on the
Agency’s decisions to codify the Texas
program, and the EPA is not now
reopening the decisions, nor requesting
comments, on the Texas authorization
as published in the Federal Register
notices specified in Section I.F. of this
document.
F. For what has Texas previously been
authorized?
Texas initially received final
authorization on December 26, 1984 (49
FR 48300), to implement its Base
Hazardous Waste Management Program.
This authorization was clarified in a
notice published March 26, 1985 (50 FR
11858). Texas received authorization for
revisions to its program, effective
October 4, 1985 (51 FR 3952), February
17, 1987 (51 FR 45320), March 15, 1990
(55 FR 7318), July 23, 1990 (55 FR
21383), October 21, 1991 (56 FR 41626),
December 4, 1992 (57 FR 45719), June
27, 1994 (59 FR 16987), June 27, 1994
(59 FR 17273), November 26, 1997 (62
FR 47947), December 3, 1997 (62 FR
49163), October 18, 1999 (64 FR 44836),
November 15, 1999 (64 FR 49673),
September 11, 2000 (65 FR 43246), June
14, 2005 (70 FR 34371), December 29,
2008, (73 FR 64252), July 13, 2009 (74
FR 22469), May 6, 2011 (76 FR 12283),
May 7, 2012 (77 FR 13200), January 9,
2013 (77 FR 71344) and November 3,
2014 (79 FR 52220).
G. What changes are we authorizing
with this action?
The State has made amendments to
the provisions listed in the table which
follows. These amendments clarify the
State’s regulations, and make the State’s
regulations more internally consistent.
The State’s laws and regulations, as
amended by these provisions, provide
authority which remains equivalent to,
no less stringent than, and not broader
in scope than the Federal laws and
regulations. These State-initiated
changes satisfy the requirements of 40
CFR 271.21(a). We are granting Texas
final authorization to carry out the
following provisions of the State’s
program, in lieu of the Federal program.
These provisions are analogous to the
indicated RCRA regulations found at 40
CFR, as of July 1, 2010. The Texas
provisions are from the Texas
Administrative Code (TAC), Title 30,
amended to be effective February 21,
2013 (except as noted below).
Analogous federal requirement
30 TAC 305.64(g) .....................................................................................
30 TAC 305.69(d)(2)(A) ............................................................................
30 TAC 305.69(k), except A.8, A.9, A.10, A.11, B, D.3.g, H.6&7, J.7 &
8, I.6, L.5, L.9, L.10, M, and N.
30 TAC 305.176 .......................................................................................
30 TAC 324.2 introductory paragraph ......................................................
30 TAC 324.2(3) .......................................................................................
30 TAC 324.2(5) .......................................................................................
30 TAC 324.2(8) .......................................................................................
30 TAC 324.4 ...........................................................................................
30 TAC 324.6 ...........................................................................................
30 TAC 324.7 ...........................................................................................
30 TAC 324.15 .........................................................................................
30 TAC 324.16 .........................................................................................
30 TAC 324.22(d)(3) ................................................................................
30 TAC 335.1(59) .....................................................................................
30 TAC 335.1(142) ...................................................................................
30 TAC 335.2(g) .......................................................................................
30 TAC 335.2(o) (December 31, 2012) ...................................................
30 TAC 335.19(b) .....................................................................................
30 TAC 335.69(f)(4)(C) ............................................................................
30 TAC 335.112(a)(14) ............................................................................
30 TAC 335.112(b)(7) ..............................................................................
30 TAC 335.152(a)(9) ..............................................................................
30 TAC 335.152(c)(5) and (c)(6) [December 31, 2012] ..........................
30 TAC 335.152(c)(7) ...............................................................................
30 TAC 335.168(c) ...................................................................................
30 TAC 335.170(c) ...................................................................................
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State requirement
40 CFR 270.40(b).
40 CFR 270.42(c)(2)(i).
40 CFR 270.42, appendix I, except A.8, B, C7, D.3.g, H, J, I.6, L.5,
L.9, L.10, M, and N.
40 CFR 270.235.
40 CFR 279.1 related.
40 CFR 279.1 related.
40 CFR 279.1 related.
40 CFR 279.1 related.
40 CFR 279.12.
40 CFR 279.20 through 279.24 (subpart C).
40 CFR 279.30 through 279.32 (subpart D).
40 CFR 279 related.
40 CFR 279.11 Table 1, Note.
40 CFR 279 related.
40 CFR 260.10 ‘‘Facility’’.
40 CFR 124.2(a) ‘‘Standardized permit’’.
40 CFR 261.4(e) and (f).
40 CFR 270.255 related.
40 CFR 260.31(b).
40 CFR 262.34(d)(4) related.
40 CFR 265.340–265.352 (subpart O).
40 CFR 265 related.
40 CFR 264.220–264.232 (subpart K), except 264.221 & 264.228.
40 CFR 264 related.
40 CFR 264 related.
40 CFR 264.221(c).
40 CFR 264.251(c).
H. Who handles permits after the
authorization takes effect?
I. How does this action affect Indian
Country (18 U.S.C. 1151) in Texas?
This authorization does not affect the
status of State permits and those permits
issued by the EPA, because no new
substantive requirements are a part of
these revisions.
Texas is not authorized to carry out its
Hazardous Waste Program in Indian
Country within the State. This authority
remains with EPA. Therefore, this
action has no effect in Indian Country.
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II. Technical Corrections
The following technical corrections
are made to the September 3, 2014,
Texas authorization Federal Register
document (79 FR 52220; effective
November 3, 2014). There are two types
of corrections being made. The first type
includes additions or corrections to the
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list of citations for checklist entries that
were actually included in the published
Federal Register document. These are
presented in order of the entry number
and associated checklist, followed by a
brief description of the correction being
made. The second type of correction is
the addition of the checklist entry for
the authorization of the 40 CFR part 279
portions of the Corrections to Errors in
the Code of Federal Regulations Rule
(Checklist 214), a Federal rule which
was inadvertently omitted from the
original authorization table.
1. For all the checklist entries, the
word ‘‘Chapter’’ is corrected to read
‘‘Section’’.
2. For Checklist 203, the following
corrections should be made:
a. The citation ‘‘224.1’’ is corrected to
read ‘‘324.1’’.
b. The citation ‘‘324.3’’ is corrected to
read ‘‘334.3 (except 324.3(5))’’.
3. For Checklist 207, the following
corrections should be made:
a. The citation ‘‘335.41(f)(2)(iii)’’ is
corrected to read ‘‘335.41(f)(2)(A)(iii)’’.
b. The citations ‘‘335.69’’ and 335.67’’
are removed.
4. For Checklist 208, the following
corrections should be made:
a. The text ‘‘4 as amended’’ is
removed.
b. The citations ‘‘335.152(a)(17)(c)’’,
‘‘335.152(a)(21)’’, ‘‘335.152(a)(9)’’ and
‘‘335.152(19)’’ are removed.
c. Add citation ‘‘335.112(a)(9)’’ before
‘‘335.125(d)’’.
d. Add citation ‘‘335.112(a)(19)—
(a)(21)’’ before ‘‘335.221(a)(1)’’.
e. Add citation ‘‘324.3 (except
324.3(5))’’ before ‘‘324.11’’.
f. The citation ‘‘305.172(2)(a)(iii)—
(iv)’’ is corrected to read
‘‘305.172(2)(A)(iii)—(iv)’’.
g. The language ‘‘amended and
effective February 21, 2013’’ is corrected
to read ‘‘as amended January 29, 2013
and effective February 21, 2013’’.
5. For Checklist 220, the following
corrections should be made:
a. The language ‘‘335.61(i)’’ and
‘‘335.79, 335.61(i)(1)–(2), 335.61(i)(2)’’ is
removed.
6. For Checklist 222, the following
corrections should be made:
a. The citation ‘‘335.11(e)’’ is
removed.
b. The citations ‘‘335.76(a), 335.76(f),
335.76(h)’’ are removed.
c. Add citation ‘‘335.251(a) and
335.251(c)’’ after ‘‘335.112(a)(1)’’.
d. The citation ‘‘335.71(d)’’ is
removed.
e. The citation ‘‘335.112(a)(4)’’ is
corrected to read ‘‘335.12’’.
f. Add the following text to the end of
the Checklist 222 entry: ‘‘Note: While
80675
Texas has adopted the Federal changes
addressed by this January 8, 2010 final
rule, the State has appropriately left the
authority with the EPA for the nondelegable export functions and is not
being authorized to enforce these
requirements in lieu of the EPA.’’
7. For Checklist 223, the following
corrections should be made:
a. The citation ‘‘335.1(138(D)(iv)’’ is
corrected to read ‘‘335.1(138)(D)(iv)
Table 1’’.
b. Add citation ‘‘335.71’’ after
‘‘335.69(f)(4)(C)’’.
c. The citation ‘‘335.69(f)(4)(C)’’ is
corrected to read ‘‘335.69(f)(4)(D)’’.
d. The citations ‘‘335.10(a)’’ and
‘‘335.2(o)’’ are removed.
e. The citation ‘‘324.94’’ is corrected
to read ‘‘335.94(a)’’.
f. The citations ‘‘335.12(e)’’ and
‘‘335.12(c)’’ are removed.
g. The duplicate citation ‘‘335.211(b)’’
after ‘‘335.112(a)(3)’’ is removed.
h. The citation ‘‘335.222(e)(1)(E)’’ is
corrected to read ‘‘335.222(c)(1)(E)’’.
8. For Checklist 226, the following
correction should be made:
a. Insert ‘‘30’’ before ‘‘Texas
Administrative Code’’.
9. Add the following new entry to the
Table:
Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
40 CFR part 279 portions of the Corrections to Errors in the Code of Federal Regulations. (Checklist
214).
71 FR 40254—40280 July 14,
2006.
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, Sections 324.1, 324.3 (except
324.3(5)), 324.11, 324.12, 324.13, and 324.14, as
amended January 29, 2013 and effective February 21, 2013.
III. Incorporation-by-Reference
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A. What is codification?
Codification is the process of placing
a State’s statutes and regulations that
comprise the State’s authorized
hazardous waste management program
into the Code of Federal Regulations
(CFR). Section 3006(b) of RCRA, as
amended, allows the Environmental
Protection Agency (EPA) to authorize
State hazardous waste management
programs to operate in lieu of the
Federal hazardous waste management
regulatory program. The EPA codifies its
authorization of State programs in 40
CFR part 272, and incorporates by
reference State statutes and regulations
that the EPA will enforce under sections
3007 and 3008 of RCRA and any other
applicable statutory provisions.
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The incorporation by reference of
State authorized programs in the CFR
should substantially enhance the
public’s ability to discern the current
status of the authorized State program
and State requirements that can be
Federally enforced. This effort provides
clear notice to the public of the scope
of the authorized program in each State.
B. What is the history of the codification
of Texas’ hazardous waste management
program?
The EPA incorporated by reference
Texas’ then authorized hazardous waste
program effective December 3, 1997 (62
FR 49163), November 15, 1999 (64 FR
49673), December 29, 2008 (73 FR
64252), May 6, 2011 (76 FR 12283), and
January 9, 2013 (77 FR 71344). In this
document, EPA is revising Subpart SS
of 40 CFR part 272 to include the recent
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authorization revision actions effective
November 3, 2014 (79 FR 52220).
C. What codification decisions have we
made in this rule?
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Texas
rules described in the amendments to 40
CFR part 272 set forth below. The EPA
has made, and will continue to make,
these documents available electronically
through www.regulations.gov and in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
The purpose of this Federal Register
document is to codify Texas’ base
hazardous waste management program
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and its revisions to that program. This
document incorporates by reference
Texas’ hazardous waste statutes and
regulations, and clarifies which of these
provisions are included in the
authorized and Federally enforceable
program. By codifying Texas’ authorized
program and by amending the Code of
Federal Regulations, the public will be
more easily able to discern the status of
Federally approved requirements of the
Texas hazardous waste management
program.
The EPA is incorporating by reference
the Texas authorized hazardous waste
program in subpart SS of 40 CFR part
272. Section 272.2201 incorporates by
reference Texas’ authorized hazardous
waste statutes and regulations. Section
272.2201 also references the statutory
provisions (including procedural and
enforcement provisions), which provide
the legal basis for the State’s
implementation of the hazardous waste
management program, the
Memorandum of Agreement, the
Attorney General’s Statements and the
Program Description, which are
approved as part of the hazardous waste
management program under Subtitle C
of RCRA.
D. What is the effect of Texas’
codification on enforcement?
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The EPA retains its authority under
statutory provisions, including but not
limited to, RCRA sections 3007, 3008,
3013, and 7003, and other applicable
statutory and regulatory provisions to
undertake inspections and enforcement
actions, and to issue orders in
authorized States. With respect to these
actions, the EPA will rely on Federal
sanctions, Federal inspection
authorities, and Federal procedures,
rather than any authorized State
analogues to these provisions.
Therefore, the EPA is not incorporating
by reference such particular, approved
Texas procedural and enforcement
authorities. Section 272.2201(c)(2) of 40
CFR lists the statutory and regulatory
provisions which provide the legal basis
for the State’s implementation of the
hazardous waste management program,
as well as, those procedural and
enforcement authorities that are part of
the States approved program, but these
are not incorporated by reference.
E. What State provisions are not part of
the codification?
The public needs to be aware that
some provisions of Texas’ hazardous
waste management program are not part
of the Federally authorized State
program. These non-authorized
provisions include:
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(1) Provisions that are not part of the
RCRA Subtitle C program because they
are ‘‘broader in scope’’ than RCRA
Subtitle C (see 40 CFR 271.1(i));
(2) Federal rules for which Texas is
not authorized, but which have been
incorporated into the State regulations
because of the way the State adopted
Federal regulations by reference:
(3) Unauthorized amendments to
authorized State provisions;
(4) New unauthorized State
requirements; and
(5) Federal rules for which Texas is
authorized, but which were vacated by
the U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Cir. No. 98–
1379 and 98–1379; June 27, 2014).
State provisions that are ‘‘broader in
scope’’ than the Federal program are not
part of the RCRA authorized program,
and the EPA will not enforce them.
Therefore, they are not incorporated by
reference in 40 CFR part 272. For
reference and clarity, 40 CFR
272.2201(c)(3) lists the Texas regulatory
provisions which are ‘‘broader in scope’’
than the Federal program and which are
not part of the authorized program being
incorporated by reference. ‘‘Broader in
scope’’ provisions cannot be enforced by
the EPA; the State, however, may
enforce such provisions under State
law.
Additionally, Texas’ hazardous waste
regulations include amendments which
have not been authorized by the EPA.
Since the EPA cannot enforce a State’s
requirements which have not been
reviewed and authorized in accordance
with RCRA section 3006 and 40 CFR
part 271, it is important to be precise in
delineating the scope of a State’s
authorized hazardous waste program.
Regulatory provisions that have not
been authorized by the EPA include
amendments to previously authorized
State regulations, as well as, certain
Federal rules and new State
requirements.
Texas has adopted but is not
authorized for the following Federal
rules published in the Federal Register
on April 12, 1996 (61 FR 16290);
December 5, 1997 (62 FR 64504); June
8, 2000 (65 FR 36365); and January 8,
2010 (75 FR 1236). Therefore, these
Federal amendments included in Texas’
adoption by reference at 30 Texas
Administrative Code (TAC) sections
335.112(a)(1) and (a)(4), 335.152(a)(1)
and (a)(4), and 335.431(c)(1) and (c)(3),
are not part of the State’s authorized
program and are not part of the
incorporation by reference addressed by
this Federal Register document.
Texas has adopted and was
authorized for the following Federal
rules, which have since been vacated by
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the U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Cir. No. 98–
1379 and 08–1144, respectively, June
27, 2014): (1) the Comparable Fuels
Exclusion at 40 CFR 261.4(a)(16) and
261.38 published in the Federal
Register on June 19, 1998 (63 FR 33782),
as amended on June 15, 2010 (75 FR
33712); and (2) the Gasification
Exclusion Rule published on January 2,
2008 (73 FR 57).
In those instances where Texas has
made unauthorized amendments to
previously authorized sections of State
code, the EPA is identifying in 40 CFR
272.2201(c)(4)(i) any regulations which,
while adopted by the State and
incorporated by reference, include
language not authorized by the EPA.
Those unauthorized portions of the
State regulations are not Federally
enforceable. Thus, notwithstanding the
language in Texas hazardous waste
regulations incorporated by reference at
40 CFR 272.2201(c)(1), the EPA will
only enforce those portions of the State
regulations that are actually authorized
by the EPA. For the convenience of the
regulated community, the actual State
regulatory text authorized by the EPA
for the citations listed at
§ 272.2201(c)(4) (i.e. without the
unauthorized amendments) is compiled
as a separate document, Addendum to
the EPA Approved Texas Regulatory
Requirements Applicable to the
Hazardous Waste Management
Program, November 2014. This
document is available from EPA Region
6, EPA Region 6 Library, 12th Floor,
1445 Ross Avenue, Dallas, Texas 75202–
2733, Phone number: (214) 665–6444.
State regulations that are not
incorporated by reference in this rule at
40 CFR 272.2201(c)(1), or that are not
listed in 40 CFR 272.2201(c)(2) (‘‘legal
basis for the State’s implementation of
the hazardous waste management
program’’), 40 CFR 272.2201(c)(3)
(‘‘broader in scope’’) or 40 CFR
272.2201(c)(4) (‘‘unauthorized State
amendments’’), are considered new
unauthorized State requirements. These
requirements are not Federally
enforceable.
With respect to any requirement
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for
which the State has not yet been
authorized, the EPA will continue to
enforce the Federal HSWA standards
until the State is authorized for these
provisions.
F. What will be the effect of Federal
HSWA requirements on the
codification?
The EPA is not amending 40 CFR part
272 to include HSWA requirements and
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prohibitions that are implemented by
EPA. Section 3006(g) of RCRA provides
that any HSWA requirement or
prohibition (including implementing
regulations) takes effect in authorized
and not authorized States at the same
time. A HSWA requirement or
prohibition supersedes any less
stringent or inconsistent State provision
which may have been previously
authorized by the EPA (50 FR 28702,
July 15, 1985). The EPA has the
authority to implement HSWA
requirements in all States, including
authorized States, until the States
become authorized for such requirement
or prohibition. Authorized States are
required to revise their programs to
adopt the HSWA requirements and
prohibitions, and then to seek
authorization for those revisions
pursuant to 40 CFR part 271.
Instead of amending the 40 CFR part
272 every time a new HSWA provision
takes effect under the authority of RCRA
section 3006(g), the EPA will wait until
the State receives authorization for its
analog to the new HSWA provision
before amending the State’s 40 CFR part
272 incorporation by reference. Until
then, persons wanting to know whether
a HSWA requirement or prohibition is
in effect should refer to 40 CFR 271.1(j),
as amended, which lists each such
provision.
Some existing State requirements may
be similar to the HSWA requirement
implemented by the EPA. However,
until the EPA authorizes those State
requirements, the EPA can only enforce
the HSWA requirements and not the
State analogs. The EPA will not codify
those State requirements until the State
receives authorization for those
requirements.
Statutory and Executive Order Reviews
The Office of Management and Budget
(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 rule
incorporated by reference Texas’
authorized hazardous waste
management regulations, 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
rule merely incorporates by reference
certain existing State hazardous waste
management program requirements
which the EPA already approved under
40 CFR part 271, and with which
regulated entities must already comply,
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it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4).
This action will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
incorporates by reference existing State
hazardous waste management program
requirements without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also does not have
Tribal implications within the meaning
of Executive Order 13175 (65 FR 67249,
November 6, 2000).
This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant, and it does not
make decisions based on environmental
health or safety risks. This action is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply
Distribution or Use’’ (66 FR 28344, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
The requirements being codified are
the result of Texas’ voluntary
participation in the EPA’s State program
authorization process under RCRA
Subtitle C. 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
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80677
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).
List of Subjects
40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
40 CFR Part 272
Hazardous materials transportation,
Hazardous waste, Incorporation by
reference, Intergovernmental relations,
Water pollution control, Water supply.
Authority: This document 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, Region 6.
For the reasons set forth in the
preamble, under the authority at 42
U.S.C. 6912(a), 6926, and 6974(b), the
EPA is granting final authorization
under part 271 to the State of Texas for
revisions to its hazardous waste
program under the Resource
Conservation and Recovery Act and is
amending 40 CFR part 272 as follows:
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
1. The authority citation for part 272
continues to read as follows:
■
Authority: Sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C.
6912(a), 6926, and 6974(b).
2. Revise § 272.2201 to read as
follows:
■
§ 272.2201 Texas State-administered
program: Final authorization.
(a) Pursuant to section 3006(b) of
RCRA, 42 U.S.C. 6926(b), the EPA
granted Texas final authorization for the
following elements, as submitted to EPA
in Texas’ Base program application for
final authorization which was approved
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by EPA effective on December 26, 1984.
Subsequent program revision
applications were approved effective on
October 4, 1985, February 17, 1987,
March 15, 1990, July 23, 1990, October
21, 1991, December 4, 1992, June 27,
1994, November 26, 1997, December 3,
1997, October 18, 1999, November 15,
1999, September 11, 2000, June 14,
2005, December 29, 2008, July 13, 2009,
May 6, 2011 (76 FR 12283), and May 7,
2012 (77 FR 13200), January 9, 2013 (77
FR 71344), November 3, 2014 (79 FR
52220), and February 26, 2016.
(b) The State of Texas has primary
responsibility for enforcing its
hazardous waste management program.
However, EPA retains the authority to
exercise its inspection and enforcement
authorities in accordance with sections
3007, 3008, 3013, 7003 of RCRA, 42
U.S.C. 6927, 6928, 6934, 6973, and any
other applicable statutory and
regulatory provisions, regardless of
whether the State has taken its own
actions, as well as in accordance with
other statutory and regulatory
provisions.
(c) State statutes and regulations. (1)
The Texas statutes and regulations cited
in paragraph (c)(1)(i) of this section are
incorporated by reference as part of the
hazardous waste management program
under Subtitle C of RCRA, 42 U.S.C.
6921 et seq. This incorporation by
reference is approved by the Director of
the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the Texas regulations that are
incorporated by reference in this
paragraph are available from West
Group Publishing, 610 Opperman Drive,
Eagan, 55123, ATTENTION: Order
Entry; Phone: 1–800–328–9352; Web
site: https://west.thomson.com. You may
inspect a copy at EPA Region 6 Library,
12th Floor, 1445 Ross Avenue, Dallas,
Texas 75202–2733, Phone number: (214)
665–8533, or at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(i) The Binder entitled ‘‘EPAApproved Texas Statutory and
Regulatory Requirements Applicable to
the Hazardous Waste Management
Program’’, dated November 2014.
(ii) [Reserved]
(2) The following provisions provide
the legal basis for the State’s
implementation of the hazardous waste
management program, but they are not
being incorporated by reference and do
not replace Federal authorities:
(i) Texas Health and Safety Code
(THSC) Annotated, (Vernon, 2010, as
amended by the 2012 Cumulative
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Annual Pocket Part, effective September
1, 2011); Chapter 361, The Texas Solid
Waste Disposal Act, sections 361.002,
361.016, 361.017, 361.018,
361.0215(b)(2) and (b)(3), 361.023,
361.024, 361.029, 361.032, 361.033,
361.035, 361.036, 361.037(a), 361.061,
361.063, 361.0635, 361.064, 361.0641,
361.066(b) and (c), 361.0666, 361.067,
361.068, 361.069, 361.078, 361.079,
361.0791, 361.080, 361.081, 361.082
(except 361.082(a) and (f)), 361.083,
361.0833, 361.084, 361.085, 361.0861(c),
361.0871(b), 361.088, 361.0885, 361.089
(except 361.089(a), (e), and (f)),
361.089(a), (e), and (f) (2012 Cumulative
Annual Pocket Part), 361.090,
361.095(b)-(f), 361.096, 361.097,
361.098, 361.099(a), 361.100, 361.101,
361.102 through 361.109, 361.113,
361.114, 361.116, 361.271 (2012
Cumulative Annual Pocket Part),
361.272 through 361.275, 361.278,
361.301, 361.321(a) and (b), 361.321(c)
(except the phrase ‘‘Except as provided
by Section 361.322(a)’’), 361.321(d),
361.321(e) (except the phrase ‘‘Except as
provided by Section 361.322(e)’’),
361.451, 361.501 through 361.506, and
361.509(a) introductory paragraph,
(a)(11), (b), (c) introductory paragraph,
and (c)(2); Chapter 371, Texas Oil
Collection, Management, and Recycling
Act, sections 371.0025(b) and (c),
371.024(a), (c), and (d), 371.026(a) and
(b), and 371.028.
(ii) Texas Water Code (TWC), Texas
Codes Annotated, as amended effective
September 1, 2011: Chapter 5, sections
5.102 through 5.105, 5.112, 5.177, 5.351,
5.501 through 5.505, 5.509 through
5.512, 5.515, and 5.551 through 5.557;
Chapter 7, sections 7.031, 7.032,
7.051(a), 7.052(a), 7.052(c) and (d),
7.053 through 7.062, 7.064 through
7.069, 7.075, 7.101, 7.102, 7.104, 7.105,
7.107, 7.110, 7.162, 7.163, 7.176,
7.187(a), 7.189, 7.190, 7.252(1), 7.351,
7.353; Chapter 26, sections 26.001(13),
26.011, 26.020 through 26.022, 26.039,
and 26.341 through 26.367; and Chapter
27, sections 27.003, 27.017(a),
27.018(a)–(d), and 27.019.
(iii) Texas Government Code as
amended effective September 1, 2011,
section 311.027.
(iv) Texas Rules of Civil Procedure, as
amended effective September 1, 2011,
Rule 60.
(v) Texas Administrative Code (TAC),
Title 30, Environmental Quality, 2013,
as amended, effective through December
31, 2012: Chapter 10; Chapter 39,
sections 39.5(g) and (h), 39.11, 39.13
(except (10)), 39.103 (except (f) and (h)),
39.105, 39.107, 39.109, 39.403(b)(1),
39.405(f)(1), 39.411 (except (b)(4)(B),
(b)(10), (b)(11), and (b)(13)), 39.413
(except (10)), 39.420 (except (c) and (d)),
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39.503 (except the reference to 39.405(h)
in (d) introductory paragraph and (g)),
and 39.801 through 39.810; Chapter 50,
sections 50.13, 50.19, 50.39, 50.113
(except (d)), 50.117(f), 50.119, 50.133,
and 50.139; Chapter 55, sections
55.25(a) and (b), 55.27 (except (b)),
55.152(a)(3), 55.152(b), 55.154, 55.156
(except (d) through (g)), 55.201 (except
as applicable to contested case
hearings), and 55.211 (except as
applicable to contested case hearings);
Chapter 70, section 70.10; Chapter 281,
sections 281.1 (except the clause
‘‘except as provided by . . .
Prioritization Process)’’), 281.2
introductory paragraph and (4), 281.3(a)
and (b), 281.5 (except the clause
‘‘Except as provided by . . . Discharge
Permits)’’, the phrase ‘‘radioactive
material’’, and the phrase ‘‘subsurface
area drip dispersal systems’’), 281.17(d)
(except the references to radioactive
material licenses), 281.17(e) and (f),
281.18(a) (except for the sentence ‘‘For
applications for radioactive . . . within
30 days.’’, 281.19(a) (except the last
sentence), 281.19(b) (except the phrase
‘‘Except as provided in subsection (c) of
this section,’’), 281.20, 281.21(a) (except
the phrase ‘‘and the Texas Radiation
Control Act . . . Chapter 401.’’, the
acronym ‘‘TRCA’’, and the phrase
‘‘subsurface area drip dispersal
systems’’), 281.21(b), 281.21(c) (except
the phrase ‘‘radioactive materials,’’ in
281.21(c)(2)), 281.21(d), 281.22(a)
(except the phrase ‘‘For applications for
radioactive . . . to deny the license.’’),
281.22(b) (except the phrase ‘‘or an
injection well,’’ in the first sentence and
the phrase ‘‘For underground injection
wells . . . the same facility or
activity.’’), 281.23(a), and 281.24;
Chapter 305, sections, 305.29, 305.30,
305.64(d) and (f), 305.66(c), 305.66(e)
(except for the last sentence), 305.66(f)
through (l), 305.123 (except the phrases
‘‘and 401 . . . regulation)’’ and ‘‘and
32’’), 305.125(1) and (3), 305.125(20),
305.127(1)(B)(i), 305.127(4)(A) and (C),
and (6), 305.401 (except the text
‘‘§ 55.21 of this title (relating to Requests
for Contested Case Hearings, Public
Comment)’’ at (b), and 305.401(c)); and
Chapter 335, sections 335.2(b),
335.43(b), 335.206, 335.391 through
335.393.
(3) The following statutory and
regulatory provisions are broader in
scope than the Federal program, are not
part of the authorized program, and are
not incorporated by reference:
(i) Texas Health and Safety Code
(THSC) Annotated, (Vernon, 2010):
Chapter 361, The Texas Solid Waste
Disposal Act, sections 361.131 through
361.140; Chapter 371, Texas Oil
Collection, Management, and Recycling
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Act, sections 371.021, 371.022,
371.024(e), 371.0245, 371.0246, 371.025,
and 371.026(c).
(ii) Texas Administrative Code (TAC),
Title 30, Environmental Quality, 2013,
as amended, effective through December
31, 2012: Chapter 305, sections 305.53,
305.64(b)(4), and 305.69(b)(1)(A) (as it
relates to the Application Fee); Chapter
335, sections 335.321 through 335.332,
Appendices I and II, and 335.401
through 335.412.
(4) Unauthorized State amendments
and provisions. (i) The following
authorized provisions of the Texas
regulations include amendments
published in the Texas Register that are
not approved by EPA. Such
unauthorized amendments are not part
of the State’s authorized program and
are, therefore, not Federally enforceable.
Thus, notwithstanding the language in
the Texas hazardous waste regulations
incorporated by reference at paragraph
(c)(1)(i) of this section, EPA will enforce
the State provisions that are actually
authorized by EPA. The effective dates
Effective date
of authorized
provision
State provision
(December 31, 2012)
Unauthorized State amendments
Texas register reference
335.6(a) ........................................................................
7/29/92
335.6(c) introductory paragraph ...................................
7/29/92
335.6(g) ........................................................................
7/29/92
335.24(b) introductory paragraph .................................
3/1/96
335.24(c) introductory paragraph .................................
3/1/96
335.45(b) ......................................................................
335.204(a)(1) ................................................................
335.204(b)(1) ................................................................
335.204(b)(6) ................................................................
335.204(c)(1) ................................................................
335.204(d)(1) ................................................................
335.204(e)(6) ................................................................
9/1/86
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22
23
17
20
20
21
21
22
23
26
18
22
23
21
23
38
21
23
38
17
16
16
16
16
16
16
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
TexReg
Effective date
2799 ...........................................................
12060 .........................................................
10878 .........................................................
8010 ...........................................................
2709 ...........................................................
3722 ...........................................................
1425 ...........................................................
2400 ...........................................................
12060 .........................................................
10878 .........................................................
9135 ...........................................................
3814 ...........................................................
12060 .........................................................
10878 .........................................................
10983 .........................................................
10878 .........................................................
970 .............................................................
10983 .........................................................
10878 .........................................................
970 .............................................................
5017 ...........................................................
6065 ...........................................................
6065 ...........................................................
6065 ...........................................................
6065 ...........................................................
6065 ...........................................................
6065 ...........................................................
requirements for which Texas is not
authorized until the State receives
specific authorization for those
requirements. The EPA will not enforce
the non-HSWA Federal rules although
they may be enforceable under State
(ii) Texas has partially or fully
adopted, but is not authorized to
implement, the Federal rules that are
listed in the table in this paragraph
(c)(4)(ii). The EPA will continue to
implement the Federal HSWA
of the State’s authorized provisions are
listed in the table in this paragraph
(c)(4)(i). The actual State regulatory text
authorized by EPA (i.e., without the
unauthorized amendments) is available
as a separate document, Addendum to
the EPA-Approved Texas Regulatory
and Statutory Requirements Applicable
to the Hazardous Waste Management
Program, November, 2014. Copies of the
document can be obtained from U.S.
EPA Region 6, 1445 Ross Avenue, Suite
1200, Dallas, TX 75202.
5/12/93
12/15/97
10/19/98
11/27/92
4/24/95
5/30/95
3/1/96
3/6/96
12/15/97
10/19/98
11/15/01
6/28/93
12/15/97
10/19/98
11/20/96
10/19/98
2/21/13
11/20/96
10/19/98
2/21/13
7/29/92
11/7/91
11/7/91
11/7/91
11/7/91
11/7/91
11/7/91
law. For those Federal rules that contain
both HSWA and non-HSWA
requirements, the EPA will enforce only
the HSWA portions of the rules.
Federal Register reference
Clarification of Standards for Hazardous Waste LDR Treatment
Variances (SWA) (Checklist 162).
Organobromine Production Wastes; Petroleum Refining Wastes;
Identification and Listing of Hazardous Waste; Land Disposal Restrictions (HSWA) (Checklist 187).
Zinc Fertilizers Made from Recycled Hazardous Secondary Materials (HSWA and Non-HSWA) (Checklist 200).
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Federal requirement
62 FR 64504 ............................................................
December 5, 1997.
64 FR 36365 ............................................................
June 8, 2000.
67 FR 48393 ............................................................
July 24, 2002.
(iii) The Federal rules listed in the
table in this paragraph (c)(4)(iii) are not
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delegable to States. Texas has adopted
these provisions and left the authority to
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the EPA for implementation and
enforcement.
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Federal requirement
Federal Register reference
Publication date
Imports and Exports of Hazardous Waste: Implementation of OECD
Council Decision (HSWA) (Checklist 152).
OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) (Checklist 222).
61 FR 16290 ............................................................
April 12, 1996.
75 FR 1236 ..............................................................
January 8, 2010.
(iv) Texas has chosen not to adopt,
and is not authorized to implement, the
following optional Federal rules:
Federal requirement
Federal Register reference
NESHAPS Second Technical Correction, Vacatur (Non-HSWA)
(Checklist Rule 188.1).
Storage, Treatment, Transportation and Disposal of Mixed Waste
(Non-HSWA) (Checklist 191).
Inorganic Chemical Manufacturing Waste Identification and Listing
(HSWA/Non-HSWA) (Checklist Rule 195.1).
Land Disposal Restrictions: National Treatment Variance to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium, Mercury-Containing Batteries and Silver-Containing Batteries (HSWA) (Checklist 201).
NESHAP: Surface Coating of Automobiles and Light-Duty Trucks
(Non-HSWA) (Checklist 205).
Revisions to the Definition of Solid Waste (Non-HSWA) (Checklist
219).
Expansion of RCRA Comparable Fuel Exclusion (Non-HSWA)
(Checklist 221).
Withdrawal of the Emission Comparable Fuel Exclusion (NonHSWA) (Checklist 224).
Removal of Saccharin and Its Salts from the Lists of Hazardous
Constituents (Non-HSWA) (Checklist Rule 225).
66 FR 24270 ............................................................
May 14, 2001.
66 FR 27218 ............................................................
May 16, 2001.
67 FR 17119 ............................................................
April 9, 2002.
67 FR 62618 ............................................................
October 7, 2002.
69 FR 22601 ............................................................
April 26, 2004.
73 FR 64668 ............................................................
October 30, 2008.
73 FR 77954 ............................................................
December 19, 2008.
73 FR 33712 ............................................................
June 15, 2010.
75 FR 78918 ............................................................
December 17, 2010.
(5) Vacated Federal rules. Texas
adopted and was authorized for the
following Federal rules which have
since been vacated by the U.S. Court of
Appeals for the District of Columbia
Publication date
Circuit (D.C. Cir. No. 98–1379 and 08–
1144, respectively; June 27, 2014):
Federal Register reference
Hazardous Waste Combustors; Revised Standards (HSWA) (Checklist 168—40 CFR 261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas (Checklist 216—Definition of ‘‘Gasification’’ at 40 CFR 260.10 and amendment to 40
CFR 261.4(a)(12)(i)).
Withdrawal of the Emission Comparable Fuel Exclusion under
RCRA (Checklist 224—amendments to 40 CFR 261.4(a)(16) and
261.38).
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Federal requirement
63 FR 33782 ............................................................
June 19, 1998.
73 FR 57 ..................................................................
January 2, 2008.
7 FR 33712 ..............................................................
June 15, 2010.
(6) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region VI and the State of Texas,
signed by the Executive Director of the
Texas Commission on Environmental
Quality (TCEQ) on December 20, 2011,
and by the EPA Regional Administrator
on February 17, 2012, is referenced as
part of the authorized hazardous waste
management program under subtitle C
of RCRA, 42 U.S.C. 6921 et seq.
(7) Statement of legal authority.
‘‘Attorney General’s Statement for Final
Authorization’’, signed by the Attorney
General of Texas on May 22, 1984 and
revisions, supplements, and addenda to
that Statement dated November 21,
1986, July 21, 1988, December 4, 1989,
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April 11, 1990, July 31, 1991, February
25, 1992, November 30, 1992, March 8,
1993, January 7, 1994, August 9, 1996,
October 16, 1996, as amended February
7, 1997, March 11, 1997, January 5,
1999, November 2, 1999, March 1, 2002,
July 16, 2008, December 6, 2011, and
February 22, 2013, are referenced as part
of the authorized hazardous waste
management program under Subtitle C
of RCRA, 42 U.S.C. 6921 et seq.
(8) Program Description. The Program
Description and any other materials
submitted as part of the original
application or as supplements thereto
are referenced as part of the authorized
hazardous waste management program
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under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
■ 3. Appendix A to part 272 is amended
by revising the listing for ‘‘Texas’’ to
read as follows:
Appendix A to Part 272—State
Requirements
*
*
*
*
*
Texas
The statutory provisions include:
Texas Health and Safety Code (THSC)
Annotated, (Vernon, 2010): Chapter 361, The
Texas Solid Waste Disposal Act, sections
361.003 (except (3), (4), (19), (27), (35), and
(39)), 361.019(a), 361.0235, 361.066(a),
361.082(a) and (f), 361.086, 361.087,
361.0871(a), 361.094, 361.095(a), 361.099(b),
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
and 361.110; Chapter 371, The Texas Oil
Collection, Management, and Recycling Act,
sections 371.003, 371.024(b), 371.026(d), and
371.041.
Copies of the Texas statutes that are
incorporated by reference are available from
West Group Publishing, 610 Opperman
Drive, Eagan, 55123, ATTENTION: Order
Entry; Phone: 1–800–328–9352; Web site:
https://west.thomson.com.
The regulatory provisions include:
Texas Administrative Code (TAC), Title 30,
Environmental Quality, 2013, as amended,
effective through December 31, 2012, and
where indicated, amendments effective
February 21, 2013, as published in the Texas
Register on February 15, 2013 (38 TexReg
970; based on the proposed rule published
October 5, 2012, 37 TexReg 7871). Please
note that for some provisions, the authorized
versions are found in the TAC, Title 30,
Environmental Quality, as amended effective
January 1, 1994, January 1, 1997, December
31, 1999, or December 31, 2001. Texas made
subsequent changes to these provisions but
these changes have not been authorized by
EPA. Where the provisions are taken from
regulations other than those dated December
31, 2012, notations are made below.
Chapter 3, Section 3.2(25) ‘‘Person’’;
Chapter 20, Section 20.15; Chapter 35,
Section 35.402(e); Chapter 37, Sections 37.1,
37.11 through 37.81, 37.100 through 37.161,
37.200 through 37.281, 37.301 through
37.381, 37.400 through 37.411, 37.501
through 37.551, 36.601 through 37.671, and
37.6001 through 37.6041; Chapter 281,
Section 281.3(c);
Chapter 305, Subchapter A—General
Provisions, Sections 305.1(a) (except the
reference to Chapter 401, relative to
Radioactive Materials); 305.2 introductory
paragraph (except the references to Chapter
401, relative to Radioactive Materials and the
reference to TWC 32.002); 305.2(1), (6), (11),
(12), (14), (15), (19), (20), (24), (26), (27), (28),
(31), and (40)—(42); 305.3;
Chapter 305, Subchapter C—Application
for Permit, Sections 305.41 (except the
reference to Chapter 401, relative to
Radioactive Materials and the reference to
TWC Chapter 32); 305.42(a), (b), (d), and (f);
305.43(b); 305.44 (except (d)); 305.45 (except
(a)(7)(I) and (J)); 305.47; 305.50(a)
introductory paragraph—(a)(8) (except the
last two sentences in 305.50(a)(2));
305.50(a)(13); 305.50(a)(14) (38 TexReg 970,
effective February 21, 2013); 305.50(a)(15)
and (16); 305.50(b); 305.51;
Chapter 305, Subchapter D—Amendments,
Modifications, Renewals, Transfers,
Corrections, Revocations, and Suspension of
Permits, Sections 305.61; 305.62(a) (except
the phrase in the first sentence ‘‘§ 305.70 of
this title . . . Solid Waste Class I
Modifications’’ and the phrase in the fifth
sentence ‘‘If the permittee requests a
modification of a municipal solid waste
permit . . . § 305.70 of this title.’’); 305.62(b);
305.62(c) introductory paragraph (except the
phrase ‘‘other than . . . subsection (i) of this
section’’); 305.62(c)(1); 305.62(c)(2)
introductory paragraph; 305.62(c)(2)(A)
(except the phrase ‘‘except for Texas
Pollutant Discharge Elimination System
(TPDES) permits, ’’); 305.62(c)(2)(B) (except
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the phrase ‘‘except for TPDES permits, ’’);
305.62(d) (except (d)(6)); 305.62(e)–(h);
305.63(a) (except the last sentence of (a)(3)
and (a)(7)); 305.64(a); 305.64(b) (except (b)(4)
and (b)(5)); 305.64(c); 305.64(e); 305.64(g) (38
TexReg 970, effective February 21, 2013);
305.65; 305.66(a) (except (a)(7)–(a)(9));
305.66(d); 305.67(a) and (b); 305.69(a);
305.69(b) (except for ‘‘Additional Contents of
Application for an Injection Well Permit’’
and ‘‘Waste Containing Radioactive
Materials; and Application Fee’’ at (b)(1)(A));
305.69(c); 305.69(d) (except (d)(2)(A));
305.69(d)(2)(A) (38 TexReg 970, effective
February 21, 2013); 305.69(e)–(j); 305.69(k)
(except (k) A.8–A.10) (38 TexReg 970,
effective February 21, 2013);
Chapter 305, Subchapter F—Permit
Characteristics and Conditions, Sections
305.121 (except the phrases ‘‘radioactive
material disposal’’ and ‘‘subsurface area drip
dispersal systems’’); 305.122(a); 305.122(b)–
(d) (38 TexReg 970, effective February 21,
2013); 305.124; 305.125 introductory
paragraph; 305.125(2) and (4); 305.125(5)
(except the last two sentences); 305.125(6)–
(8); 305.125(9) (except (9)(C)); 305.125(10)
(except the phrase ‘‘and 32’’); 305.125(11)
(except the phrase ‘‘as otherwise required by
Chapter 336 of this title’’ relative to
Radioactive Substances in (11)(B));
305.125(12)–(19), and (21); 305.127
introductory paragraph; 305.127(1)(B)(iii);
305.127(1)(E) and (F); 305.127(2);
305.127(3)(A) (except the last two sentences);
305.127(3)(B) and (C); 305.127(4)(B);
305.127(5)(C); 305.128;
Chapter 305, Subchapter G—Additional
Conditions for Hazardous and Industrial
Solid Waste Storage, Processing, or Disposal
Permits, Sections 305.141 through 305.145;
305.150;
Chapter 305, Subchapter I—Hazardous
Waste Incinerator Permits, Sections 305.171
through 305.175; 305.176 (38 TexReg 970,
effective February 21, 2013);
Chapter 305, Subchapter J -Permits for
Land Treatment Demonstrations Using Field
Tests or Laboratory Analyses, Sections
305.181 through 305.184;
Chapter 305, Subchapter K—Research,
Development and Demonstration Permits,
Sections 305.191 through 305.194;
Chapter 305, Subchapter L—Groundwater
Compliance Plan, Section 305.401(c);
Chapter 305, Subchapter Q—Permits for
Boilers and Industrial Furnaces Burning
Hazardous Waste, Sections 305.571 through
305.573;
Chapter 305, Subchapter R—Resource
Conservation And Recovery Act Standard
Permits For Storage And Treatment Units,
Sections 305.650 through 305.661;
Chapter 324—Used Oil, Sections 324.1 (38
TexReg 970, effective February 21, 2013),
324.2(except 324.2(2)) (38 TexReg 970,
effective February 21, 2013); 324.3 (except
324.3(5)) (38 TexReg 970, effective February
21, 2013); 324.4 (38 TexReg 970, effective
February 21, 2013); 324.6 and 324.7 (38
TexReg 970, effective February 21, 2013);
324.11 through 324.16 (38 TexReg 970,
effective February 21, 2013); 324.21;
324.22(d)(3);
Chapter 335, Subchapter A—Industrial
Solid Waste and Municipal Hazardous Waste
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in General, Sections 335.1 introductory
paragraph; 335.1(1)–(4), (6)–(12), (16)–(18),
(22), (23), (25)–(29), (32), (34)–(37); 335.1(39)
‘‘Designated facility’’ (38 TexReg 970,
effective February 21, 2013); 335.1(40)–(46),
(47) (except for the phrase ‘‘or is used for
neutralizing the pH of non-hazardous
industrial solid waste’’), (48)–(50), (52)–(57),
(59) (38 TexReg 970, effective February 21,
2013), (60)–(63), (65), (66), (69)–(78), (80)–
(87), (88)–(91) (except the phrase ‘‘solid
waste or’’ in each subsection), (92), (93)–(94)
(except the phrase ‘‘solid waste or’’ in both
subsections); 335.1(95) ‘‘Manifest’’ and (96)
‘‘Manifest document number’’ (38 TexReg
970, effective February 21, 2013); 335.1(97),
(98), (99) (except the phrase ‘‘solid waste
or’’), (100)–(113), (115) (except the phrase
‘‘solid waste or’’), (116), (117), (121), (122)
(except the phrase ‘‘solid waste or’’), (123)–
(126), (128), (130)–(134), (136), (137),
(138)(A) introductory paragraph through
(138)(A)(iii), (138)(A)(iv) introductory
paragraph (except the last sentence) (38
TexReg 970, effective February 21, 2013),
(138)(B), (138)(C), (138)(D) (except the phrase
‘‘Except for materials described in
subparagraph (H) of this paragraph.’’ at
(138)(D) introductory paragraph; and (D)(iv)
Table 1), (138)(D)(iv) Table 1 (38 TexReg 970,
effective February 21, 2013), (138)(E),
(138)(F), and (138)(G) (except the phrase
‘‘Except for materials described in
subparagraph (H) of this paragraph.’’ at
(138)(G) introductory paragraph), (138)(I) and
(J), (139), (141), (142) (38 TexReg 970,
effective February 21, 2013), (143), (144)–
(151) (except the phrase ‘‘solid waste or’’ at
(144), (147) and (149)), (152) (except the
phrase ‘‘or industrial solid’’), (153)–(156)
(except the phrase ‘‘or industrial solid’’ at
(155) and (156), (158)–(160), (161) (except the
phrase ‘‘solid waste or’’), (162)–(167), (168)
(except the phrase ‘‘or industrial solid’’),
(169), (170), and (171) (except the phrase
‘‘solid waste or’’); 335.2(a) and (c); 335.2(e)
and (f); 335.2(g) (38 TexReg 970, effective
February 21, 2013); 335.2(i), (j), (l), (m), and
(o); 335.4; 335.5 (except (d)); 335.6(a);
335.6(b) (January 1, 1997); 335.6(c); 335.6(d)
(except the last sentence) (January 1, 1994);
335.6(e) (January 1, 1994); 335.6(f)–(j); 335.7;
335.8(a)(1) and (2); 335.9(a) (except (a)(2) and
(3)); 335.9(a)(2) and (3) (January 1, 1997);
335.9(b) (January 1, 1994); 335.10(a) and (b)
(38 TexReg 970, effective February 21, 2013);
335.11(a) (38 TexReg 970, effective February
21, 2013); 335.12(a) (38 TexReg 970, effective
February 21, 2013); 335.13(a) (January 1,
1997); 335.13(c) and (d) (January 1, 1994);
335.13(e) and (f) (January 1, 1997); 335.13(g)
(January 1, 1994); 335.13(k); 335.14; 335.15
introductory paragraph (January 1, 1994);
335.15(1); 335.15(3); 335.17(a); 335.18(a);
335.19 (except 335.19(d)) (38 TexReg 970,
effective February 21, 2013); 335.20 through
335.22; 335.23 (except (2)); 335.23(2)
(January 1, 1994); 335.24(a) and (b)
introductory paragraph; 335.24(b)(1)–(4) (38
TexReg 970, effective February 21, 2013);
335.24(c) (except (c)(1)(A)); 335.24(c)(1)(A)
(38 TexReg 970, effective February 21, 2013);
335.24(d) (38 TexReg 970, effective February
21, 2013); 335.24(e); 335.24(f) (38 TexReg
970, effective February 21, 2013); 335.24(m)
and (n); 335.29 through 335.31;
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
Chapter 335, Subchapter B—Hazardous
Waste Management General Provisions,
Sections 335.41(a)–(c); 335.41(d) (except
(d)(1) and (d)(5)–(8)); 335.41(d)(1) (December
31, 2001); 335.41(e)–(j); 335.43(a); 335.44;
335.45; 335.47 (except 335.47(b) and the
second sentence in (c)(3)); 335.47(b)
(December 31, 1999);
Chapter 335, Subchapter C—Standards
Applicable to Generators of Hazardous
Waste, Sections 335.61(a) and (b) (38 TexReg
970, effective February 21, 2013); 335.61(c);
335.61(d) (38 TexReg 970, effective February
21, 2013); 335.61(e), (g), and (h); 335.61(i) (38
TexReg 970, effective February 21, 2013);
335.62 (38 TexReg 970, effective February 21,
2013); 335.63; 335.65 through 335.68;
335.69(a) (except ‘‘and (n)’’ in the
introductory paragraph; (a)(4)(B) and
(a)(4)(C)); 335.69(a)(4)(B) and (C) (38 TexReg
970, effective February 21, 2013); 335.69(b)
(38 TexReg 970, effective February 21, 2013);
335.69(c), 335.69(d) and (e) (38 TexReg 970,
effective February 21, 2013); 335.69(f) (except
(f)(4)(C)); 335.69(f)(4)(C) and (D) (38 TexReg
970, effective February 21, 2013); 335.69(g),
(h), and (j)–(l); 335.69(m) (38 TexReg 970,
effective February 21, 2013); 335.70; 335.71;
335.73 through 335.75; 335.76(a) (38 TexReg
970, effective February 21, 2013); 335.76(b);
335.76(c) and (d) (38 TexReg 970, effective
February 21, 2013); 335.76(e); 335.76(f) (38
TexReg 970, effective February 21, 2013);
335.76(g); 335.77; 335.78(a); 335.78(b)
(January 1, 1997); 335.78(c) (38 TexReg 970,
effective February 21, 2013); 335.78(d)
(except (d)(2)); 335.78(e) introductory
paragraph (January 1, 1997); 335.78(e)(1) and
(2); 335.78(f) introductory paragraph and
(f)(1) (38 TexReg 970, effective February 21,
2013); 335.78(f)(2) (January 1, 1997);
335.78(f)(3) (except 335.78(f)(3)(A));
335.78(f)(3)(A) (38 TexReg 970, effective
February 21, 2013); 335.78(g) (except (g)(2));
335.78(g)(2) (January 1, 1997); 335.78(h) and
(i); 335.78(j) (38 TexReg 970, effective
February 21, 2013); 335.79 (38 TexReg 970,
effective February 21, 2013);
Chapter 335, Subchapter D—Standards
Applicable to Transporters of Hazardous
Waste, Sections 335.91 (except (e)); 335.92;
335.93 (except (e)); 335.93(e) (December 31,
1999); 335.94 (except the phrase ‘‘owned or
operated by a registered transporter’’ in (a)
introductory paragraph);
Chapter 335, Subchapter E—Interim
Standards for Owners and Operators of
Hazardous Waste Storage, Processing, or
Disposal Facilities, Sections 335.111(a) and
(b) (38 TexReg 970, effective February 21,
2013), 335.111(c)–(e); 335.112(a) introductory
paragraph; 335.112(a)(1) (38 TexReg 970,
effective February 21, 2013); 335.112(a)(2);
335.112(a)(3) and (4) (38 TexReg 970,
effective February 21, 2013); 335.112(a)(5)–
(12); 335.112(a)(13) and (14) (38 TexReg 970,
effective February 21, 2013); 335.112(a)(15)
and (16); 335.112(a)(18)–(24); 335.112(b)
(except (b)(4)(K) and (b)(7)); 335.112(b)(4)(K)
and (b)(7) (38 TexReg 970, effective February
21, 2013); 335.112(c); 335.113; 335.115
through 335.128;
Chapter 335, Subchapter F—Permitting
Standards for Owners and Operators of
Hazardous Waste Storage, Processing, or
Disposal Facilities, Sections 335.151(a) (38
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TexReg 970, effective February 21, 2013);
335.151(b); 335.151(c) (38 TexReg 970,
effective February 21, 2013); 335.151(d);
335.151(e) (38 TexReg 970, effective February
21, 2013); 335.151(f); 335.152(a) introductory
paragraph; 335.152(a)(1) (38 TexReg 970,
effective February 21, 2013); 335.152(a)(2);
335.152(a)(3) and (4) (38 TexReg 970,
effective February 21, 2013); 335.152(a)(5)–
(8); 335.152(a)(9) (38 TexReg 970, effective
February 21, 2013); 335.152(a)(10) and (11);
335.152(a)(12) (38 TexReg 970, effective
February 21, 2013); 335.152(a)(13);
335.152(a)(14) (38 TexReg 970, effective
February 21, 2013); 335.152(a)(15)–(22);
335.152(b); 335.152(c) (except (c)(7));
335.152(c)(7) (38 TexReg 970, effective
February 21, 2013); 335.152(d); 335.153;
335.155 introductory paragraph (38 TexReg
970, effective February 21, 2013); 335.155(1)
and (2); 335.155(3) (38 TexReg 970, effective
February 21, 2013); 335.156 through 335.167;
335.168 (except (c)); 335.168(c) (38 TexReg
970, effective February 21, 2013); 335.169;
335.170 (except (c)); 335.170(c) (38 TexReg
970, effective February 21, 2013); 335.171
through 335.179;
Chapter 335, Subchapter G—Location
Standards for Hazardous Waste Storage,
Processing, or Disposal, Sections 335.201(a)
(except (a)(3)); 335.201(c); 335.202
introductory paragraph; 335.202(2), (4), (9)–
(11), (13), (15)–(18); 335.203; 335.204(a)
introductory paragraph–(a)(5); 335.204(b)(1)–
(6); 335.204(c)(1)–(5); 335.204(d)(1)–(5);
335.204(e) introductory paragraph;
335.204(e)(1) introductory paragraph (except
the phrase ‘‘Except as . . . (B) of this
paragraph,’’ and the word ‘‘event’’ at the end
of the paragraph); 335.204(e)(2)–(7);
335.204(f); 335.205(a) introductory
paragraph—(a)(2) and (e);
Chapter 335, Subchapter H—Standards for
the Management of Specific Wastes and
Specific Types of Facilities, Sections
335.211; 335.212; 335.213 (38 TexReg 970,
effective February 21, 2013); 335.214;
335.221; 335.222(except (c)(1)); 335.222(c)(1)
(38 TexReg 970, effective February 21, 2013);
335.223 through 335.225; 335.241(except
(b)(4)); 335.251 (38 TexReg 970, effective
February 21, 2013); 335.261 (except (e));
335.271; 335.272;
Chapter 335, Subchapter O—Land Disposal
Restrictions, Section 335.431 (except (c)(1));
335.431(c)(1) (38 TexReg 970, effective
February 21, 2013);
Chapter 335, Subchapter R—Waste
Classification, Sections 335.504 introductory
paragraph; 335.504(1)–(3) (38 TexReg 970,
effective February 21, 2013);
Subchapter U, Standards For Owners And
Operators Of Hazardous Waste Facilities
Operating Under A Standard Permit, Sections
601 and 602.
Copies of the Texas regulations that are
incorporated by reference are available from
West Group Publishing, 610 Opperman
Drive, Eagan, 55123, ATTENTION: Order
Entry; Phone: 1–800–328–9352; Web site:
https://west.thomson.com.
*
*
*
*
*
[FR Doc. 2015–31881 Filed 12–24–15; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00048
Fmt 4700
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. FRA–2001–11213, Notice No.
20]
Alcohol and Drug Testing:
Determination of Minimum Random
Testing Rates for 2016
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
AGENCY:
ACTION:
Notice of determination.
This notice of determination
provides the FRA Administrator’s
minimum annual random drug and
alcohol testing rates for calendar year
2016.
SUMMARY:
This notice of determination is
effective December 28, 2015.
DATES:
Jerry
Powers, FRA Drug and Alcohol Program
Manager, W33–310, Federal Railroad
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590,
(telephone 202–493–6313); or Sam Noe,
FRA Drug and Alcohol Program
Specialist, (telephone 615–719–2951).
FOR FURTHER INFORMATION CONTACT:
FRA
determines the minimum annual
random drug testing rate and minimum
random alcohol testing rate for the next
calendar year based on railroad industry
data available for two previous calendar
years (for this Notice, calendar years
2013 and 2014). Railroad industry data
submitted to FRA’s Management
Information System shows the rail
industry’s random drug testing positive
rate remained below 1.0 percent for the
applicable two calendar years. FRA’s
Administrator has therefore determined
the minimum annual random drug
testing rate for the period January 1,
2016, through December 31, 2016, will
remain at 25 percent of covered railroad
employees under 49 CFR 219.602. In
addition, because the industry-wide
random alcohol testing violation rate
remained below 0.5 percent for the
applicable two calendar years, the
Administrator has determined the
minimum random alcohol testing rate
will remain at 10 percent of covered
railroad employees for the period
January 1, 2016, through December 31,
2016 under 49 CFR 219.608. Because
these rates represent minimums,
railroads may conduct FRA random
testing at higher rates.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\28DER1.SGM
28DER1
Agencies
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Rules and Regulations]
[Pages 80672-80682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31881]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[EPA-R06-RCRA-2015-0110; FRL-9939-51-Region 6]
Texas: Final Authorization of State-Initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: During a review of Texas' regulations, the Environmental
Protection Agency (EPA) identified a variety of State-initiated changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). We have determined that these changes are minor
and satisfy all requirements needed to qualify for Final authorization
and are authorizing the State-initiated changes through this direct
Final action. In addition, this document corrects technical errors made
in the September 3, 2014, Federal Register authorization document for
Texas.
The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of Texas' hazardous waste management
program and incorporates by reference authorized provisions of the
State's statutes and regulations.
DATES: This regulation is effective February 26, 2016, unless the EPA
receives adverse written comment on this regulation by the close of
business January 27, 2016. If the EPA receives such comments, it will
publish a timely
[[Page 80673]]
withdrawal of this direct final rule in the Federal Register informing
the public that this rule will not take effect. The Director of the
Federal Register approves this incorporation by reference as of
February 26, 2016 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2 Email: patterson.alima@epa.gov or banks.julia@epa.gov.
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, or Julia Banks, Codification Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, or Julia
Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-
O), Multimedia Planning and Permitting Division, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be
Confidential Business Information (CBI) or otherwise protected through
https://www.regulations.gov, or email. The Federal https://www.regulations.gov Web site is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses. (For additional information about the EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.)
You can view and copy the documents that form the basis for this
authorization and codification and associated publicly available
materials from 8:30 a.m. to 4 p.m., Monday through Friday, at the
following location: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, phone number: (214) 665-8533 or (214) 665-8178. Interested
persons wanting to examine these documents should make an appointment
with the office at least two weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, or Julia Banks, Codification Coordinator,
State/Tribal Oversight Section (6PD-O), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, Phone number: (214) 665-8533 or (214) 665-8178, and Email
address: patterson.alima@epa.gov or banks.julia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Authorization of State-Initiated Changes
A. Why are revisions to State programs necessary?
States which have received Final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. As the Federal
program changes, the States must change their programs and ask the EPA
to authorize the changes. Changes to State hazardous waste programs may
be necessary when Federal or State statutory or regulatory authority is
modified or when certain other changes occur. Most commonly, States
must change their programs because of changes to the EPA's regulations
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268,
270, 273 and 279. States can also initiate their own changes to their
hazardous waste program and these changes must then be authorized.
B. What decisions have we made in this rule?
We conclude that Texas' revisions to its authorized program meet
all of the statutory and regulatory requirements established by RCRA.
We found that the State-initiated changes make Texas' rules more clear
or conform more closely to the Federal equivalents, and are so minor in
nature that a formal application is unnecessary. Therefore, we grant
Texas final authorization to operate its hazardous waste program with
the changes described in the table at Section G below. Texas has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out all authorized aspects of the RCRA program, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in Texas, including issuing permits, until the State is
granted authorization to do so.
C. What is the effect of this authorization decision?
The effect of this decision is that a facility in Texas, subject to
RCRA, will now have to comply with the authorized State requirements,
instead of the equivalent Federal requirements, in order to comply with
RCRA. Texas has enforcement responsibilities under its State hazardous
waste program for violations of such program, but the EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions, regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the statutes and regulations for which
Texas is being authorized by this direct action are already effective
and are not changed by this action.
D. Why wasn't there a proposed rule before this rule?
The EPA did not publish a proposal before this rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the Proposed Rules section of this Federal
Register, we are publishing a separate document that proposes to
authorize the State program changes.
E. What happens if EPA receives comments that oppose this action?
If the EPA receives comments that oppose the authorization of the
State-initiated changes in this codification document, we will withdraw
this rule by publishing a timely document in the Federal Register
before the rule
[[Page 80674]]
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. 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 may 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 above. The Federal Register
withdrawal document will specify which part of the authorization of the
State program will become effective and which part is being withdrawn.
The purpose of this Federal Register document is to codify Texas'
base hazardous waste management program and its revisions to that
program. The EPA has already provided notices and opportunity for
comments on the Agency's decisions to codify the Texas program, and the
EPA is not now reopening the decisions, nor requesting comments, on the
Texas authorization as published in the Federal Register notices
specified in Section I.F. of this document.
F. For what has Texas previously been authorized?
Texas initially received final authorization on December 26, 1984
(49 FR 48300), to implement its Base Hazardous Waste Management
Program. This authorization was clarified in a notice published March
26, 1985 (50 FR 11858). Texas received authorization for revisions to
its program, effective October 4, 1985 (51 FR 3952), February 17, 1987
(51 FR 45320), March 15, 1990 (55 FR 7318), July 23, 1990 (55 FR
21383), October 21, 1991 (56 FR 41626), December 4, 1992 (57 FR 45719),
June 27, 1994 (59 FR 16987), June 27, 1994 (59 FR 17273), November 26,
1997 (62 FR 47947), December 3, 1997 (62 FR 49163), October 18, 1999
(64 FR 44836), November 15, 1999 (64 FR 49673), September 11, 2000 (65
FR 43246), June 14, 2005 (70 FR 34371), December 29, 2008, (73 FR
64252), July 13, 2009 (74 FR 22469), May 6, 2011 (76 FR 12283), May 7,
2012 (77 FR 13200), January 9, 2013 (77 FR 71344) and November 3, 2014
(79 FR 52220).
G. What changes are we authorizing with this action?
The State has made amendments to the provisions listed in the table
which follows. These amendments clarify the State's regulations, and
make the State's regulations more internally consistent. The State's
laws and regulations, as amended by these provisions, provide authority
which remains equivalent to, no less stringent than, and not broader in
scope than the Federal laws and regulations. These State-initiated
changes satisfy the requirements of 40 CFR 271.21(a). We are granting
Texas final authorization to carry out the following provisions of the
State's program, in lieu of the Federal program. These provisions are
analogous to the indicated RCRA regulations found at 40 CFR, as of July
1, 2010. The Texas provisions are from the Texas Administrative Code
(TAC), Title 30, amended to be effective February 21, 2013 (except as
noted below).
------------------------------------------------------------------------
State requirement Analogous federal requirement
------------------------------------------------------------------------
30 TAC 305.64(g)....................... 40 CFR 270.40(b).
30 TAC 305.69(d)(2)(A)................. 40 CFR 270.42(c)(2)(i).
30 TAC 305.69(k), except A.8, A.9, 40 CFR 270.42, appendix I,
A.10, A.11, B, D.3.g, H.6&7, J.7 & 8, except A.8, B, C7, D.3.g, H,
I.6, L.5, L.9, L.10, M, and N. J, I.6, L.5, L.9, L.10, M, and
N.
30 TAC 305.176......................... 40 CFR 270.235.
30 TAC 324.2 introductory paragraph.... 40 CFR 279.1 related.
30 TAC 324.2(3)........................ 40 CFR 279.1 related.
30 TAC 324.2(5)........................ 40 CFR 279.1 related.
30 TAC 324.2(8)........................ 40 CFR 279.1 related.
30 TAC 324.4........................... 40 CFR 279.12.
30 TAC 324.6........................... 40 CFR 279.20 through 279.24
(subpart C).
30 TAC 324.7........................... 40 CFR 279.30 through 279.32
(subpart D).
30 TAC 324.15.......................... 40 CFR 279 related.
30 TAC 324.16.......................... 40 CFR 279.11 Table 1, Note.
30 TAC 324.22(d)(3).................... 40 CFR 279 related.
30 TAC 335.1(59)....................... 40 CFR 260.10 ``Facility''.
30 TAC 335.1(142)...................... 40 CFR 124.2(a) ``Standardized
permit''.
30 TAC 335.2(g)........................ 40 CFR 261.4(e) and (f).
30 TAC 335.2(o) (December 31, 2012).... 40 CFR 270.255 related.
30 TAC 335.19(b)....................... 40 CFR 260.31(b).
30 TAC 335.69(f)(4)(C)................. 40 CFR 262.34(d)(4) related.
30 TAC 335.112(a)(14).................. 40 CFR 265.340-265.352 (subpart
O).
30 TAC 335.112(b)(7)................... 40 CFR 265 related.
30 TAC 335.152(a)(9)................... 40 CFR 264.220-264.232 (subpart
K), except 264.221 & 264.228.
30 TAC 335.152(c)(5) and (c)(6) 40 CFR 264 related.
[December 31, 2012].
30 TAC 335.152(c)(7)................... 40 CFR 264 related.
30 TAC 335.168(c)...................... 40 CFR 264.221(c).
30 TAC 335.170(c)...................... 40 CFR 264.251(c).
------------------------------------------------------------------------
H. Who handles permits after the authorization takes effect?
This authorization does not affect the status of State permits and
those permits issued by the EPA, because no new substantive
requirements are a part of these revisions.
I. How does this action affect Indian Country (18 U.S.C. 1151) in
Texas?
Texas is not authorized to carry out its Hazardous Waste Program in
Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian Country.
II. Technical Corrections
The following technical corrections are made to the September 3,
2014, Texas authorization Federal Register document (79 FR 52220;
effective November 3, 2014). There are two types of corrections being
made. The first type includes additions or corrections to the
[[Page 80675]]
list of citations for checklist entries that were actually included in
the published Federal Register document. These are presented in order
of the entry number and associated checklist, followed by a brief
description of the correction being made. The second type of correction
is the addition of the checklist entry for the authorization of the 40
CFR part 279 portions of the Corrections to Errors in the Code of
Federal Regulations Rule (Checklist 214), a Federal rule which was
inadvertently omitted from the original authorization table.
1. For all the checklist entries, the word ``Chapter'' is corrected
to read ``Section''.
2. For Checklist 203, the following corrections should be made:
a. The citation ``224.1'' is corrected to read ``324.1''.
b. The citation ``324.3'' is corrected to read ``334.3 (except
324.3(5))''.
3. For Checklist 207, the following corrections should be made:
a. The citation ``335.41(f)(2)(iii)'' is corrected to read
``335.41(f)(2)(A)(iii)''.
b. The citations ``335.69'' and 335.67'' are removed.
4. For Checklist 208, the following corrections should be made:
a. The text ``4 as amended'' is removed.
b. The citations ``335.152(a)(17)(c)'', ``335.152(a)(21)'',
``335.152(a)(9)'' and ``335.152(19)'' are removed.
c. Add citation ``335.112(a)(9)'' before ``335.125(d)''.
d. Add citation ``335.112(a)(19)--(a)(21)'' before
``335.221(a)(1)''.
e. Add citation ``324.3 (except 324.3(5))'' before ``324.11''.
f. The citation ``305.172(2)(a)(iii)--(iv)'' is corrected to read
``305.172(2)(A)(iii)--(iv)''.
g. The language ``amended and effective February 21, 2013'' is
corrected to read ``as amended January 29, 2013 and effective February
21, 2013''.
5. For Checklist 220, the following corrections should be made:
a. The language ``335.61(i)'' and ``335.79, 335.61(i)(1)-(2),
335.61(i)(2)'' is removed.
6. For Checklist 222, the following corrections should be made:
a. The citation ``335.11(e)'' is removed.
b. The citations ``335.76(a), 335.76(f), 335.76(h)'' are removed.
c. Add citation ``335.251(a) and 335.251(c)'' after
``335.112(a)(1)''.
d. The citation ``335.71(d)'' is removed.
e. The citation ``335.112(a)(4)'' is corrected to read ``335.12''.
f. Add the following text to the end of the Checklist 222 entry:
``Note: While Texas has adopted the Federal changes addressed by this
January 8, 2010 final rule, the State has appropriately left the
authority with the EPA for the non-delegable export functions and is
not being authorized to enforce these requirements in lieu of the
EPA.''
7. For Checklist 223, the following corrections should be made:
a. The citation ``335.1(138(D)(iv)'' is corrected to read
``335.1(138)(D)(iv) Table 1''.
b. Add citation ``335.71'' after ``335.69(f)(4)(C)''.
c. The citation ``335.69(f)(4)(C)'' is corrected to read
``335.69(f)(4)(D)''.
d. The citations ``335.10(a)'' and ``335.2(o)'' are removed.
e. The citation ``324.94'' is corrected to read ``335.94(a)''.
f. The citations ``335.12(e)'' and ``335.12(c)'' are removed.
g. The duplicate citation ``335.211(b)'' after ``335.112(a)(3)'' is
removed.
h. The citation ``335.222(e)(1)(E)'' is corrected to read
``335.222(c)(1)(E)''.
8. For Checklist 226, the following correction should be made:
a. Insert ``30'' before ``Texas Administrative Code''.
9. Add the following new entry to the Table:
------------------------------------------------------------------------
Federal Register
Description of federal date and page (and/ Analogous state
requirement (include checklist or RCRA statutory authority
#, if relevant) authority)
------------------------------------------------------------------------
40 CFR part 279 portions of the 71 FR 40254--40280 Texas Water Code
Corrections to Errors in the July 14, 2006. Annotated
Code of Federal Regulations. Sections 5.103
(Checklist 214). and 5.105, Texas
Health & Safety
Code Annotated
Section 361.017
and 361.024; 30
Texas
Administrative
Code, Sections
324.1, 324.3
(except
324.3(5)),
324.11, 324.12,
324.13, and
324.14, as
amended January
29, 2013 and
effective
February 21,
2013.
------------------------------------------------------------------------
III. Incorporation-by-Reference
A. What is codification?
Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part
272, and incorporates by reference State statutes and regulations that
the EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.
B. What is the history of the codification of Texas' hazardous waste
management program?
The EPA incorporated by reference Texas' then authorized hazardous
waste program effective December 3, 1997 (62 FR 49163), November 15,
1999 (64 FR 49673), December 29, 2008 (73 FR 64252), May 6, 2011 (76 FR
12283), and January 9, 2013 (77 FR 71344). In this document, EPA is
revising Subpart SS of 40 CFR part 272 to include the recent
authorization revision actions effective November 3, 2014 (79 FR
52220).
C. What codification decisions have we made in this rule?
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Texas
rules described in the amendments to 40 CFR part 272 set forth below.
The EPA has made, and will continue to make, these documents available
electronically through www.regulations.gov and in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
The purpose of this Federal Register document is to codify Texas'
base hazardous waste management program
[[Page 80676]]
and its revisions to that program. This document incorporates by
reference Texas' hazardous waste statutes and regulations, and
clarifies which of these provisions are included in the authorized and
Federally enforceable program. By codifying Texas' authorized program
and by amending the Code of Federal Regulations, the public will be
more easily able to discern the status of Federally approved
requirements of the Texas hazardous waste management program.
The EPA is incorporating by reference the Texas authorized
hazardous waste program in subpart SS of 40 CFR part 272. Section
272.2201 incorporates by reference Texas' authorized hazardous waste
statutes and regulations. Section 272.2201 also references the
statutory provisions (including procedural and enforcement provisions),
which provide the legal basis for the State's implementation of the
hazardous waste management program, the Memorandum of Agreement, the
Attorney General's Statements and the Program Description, which are
approved as part of the hazardous waste management program under
Subtitle C of RCRA.
D. What is the effect of Texas' codification on enforcement?
The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions, and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures, rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved Texas
procedural and enforcement authorities. Section 272.2201(c)(2) of 40
CFR lists the statutory and regulatory provisions which provide the
legal basis for the State's implementation of the hazardous waste
management program, as well as, those procedural and enforcement
authorities that are part of the States approved program, but these are
not incorporated by reference.
E. What State provisions are not part of the codification?
The public needs to be aware that some provisions of Texas'
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA Subtitle C program
because they are ``broader in scope'' than RCRA Subtitle C (see 40 CFR
271.1(i));
(2) Federal rules for which Texas is not authorized, but which have
been incorporated into the State regulations because of the way the
State adopted Federal regulations by reference:
(3) Unauthorized amendments to authorized State provisions;
(4) New unauthorized State requirements; and
(5) Federal rules for which Texas is authorized, but which were
vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014).
State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program, and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.2201(c)(3) lists
the Texas regulatory provisions which are ``broader in scope'' than the
Federal program and which are not part of the authorized program being
incorporated by reference. ``Broader in scope'' provisions cannot be
enforced by the EPA; the State, however, may enforce such provisions
under State law.
Additionally, Texas' hazardous waste regulations include amendments
which have not been authorized by the EPA. Since the EPA cannot enforce
a State's requirements which have not been reviewed and authorized in
accordance with RCRA section 3006 and 40 CFR part 271, it is important
to be precise in delineating the scope of a State's authorized
hazardous waste program. Regulatory provisions that have not been
authorized by the EPA include amendments to previously authorized State
regulations, as well as, certain Federal rules and new State
requirements.
Texas has adopted but is not authorized for the following Federal
rules published in the Federal Register on April 12, 1996 (61 FR
16290); December 5, 1997 (62 FR 64504); June 8, 2000 (65 FR 36365); and
January 8, 2010 (75 FR 1236). Therefore, these Federal amendments
included in Texas' adoption by reference at 30 Texas Administrative
Code (TAC) sections 335.112(a)(1) and (a)(4), 335.152(a)(1) and (a)(4),
and 335.431(c)(1) and (c)(3), are not part of the State's authorized
program and are not part of the incorporation by reference addressed by
this Federal Register document.
Texas has adopted and was authorized for the following Federal
rules, which have since been vacated by the U.S. Court of Appeals for
the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144,
respectively, June 27, 2014): (1) the Comparable Fuels Exclusion at 40
CFR 261.4(a)(16) and 261.38 published in the Federal Register on June
19, 1998 (63 FR 33782), as amended on June 15, 2010 (75 FR 33712); and
(2) the Gasification Exclusion Rule published on January 2, 2008 (73 FR
57).
In those instances where Texas has made unauthorized amendments to
previously authorized sections of State code, the EPA is identifying in
40 CFR 272.2201(c)(4)(i) any regulations which, while adopted by the
State and incorporated by reference, include language not authorized by
the EPA. Those unauthorized portions of the State regulations are not
Federally enforceable. Thus, notwithstanding the language in Texas
hazardous waste regulations incorporated by reference at 40 CFR
272.2201(c)(1), the EPA will only enforce those portions of the State
regulations that are actually authorized by the EPA. For the
convenience of the regulated community, the actual State regulatory
text authorized by the EPA for the citations listed at Sec.
272.2201(c)(4) (i.e. without the unauthorized amendments) is compiled
as a separate document, Addendum to the EPA Approved Texas Regulatory
Requirements Applicable to the Hazardous Waste Management Program,
November 2014. This document is available from EPA Region 6, EPA Region
6 Library, 12th Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733,
Phone number: (214) 665-6444.
State regulations that are not incorporated by reference in this
rule at 40 CFR 272.2201(c)(1), or that are not listed in 40 CFR
272.2201(c)(2) (``legal basis for the State's implementation of the
hazardous waste management program''), 40 CFR 272.2201(c)(3) (``broader
in scope'') or 40 CFR 272.2201(c)(4) (``unauthorized State
amendments''), are considered new unauthorized State requirements.
These requirements are not Federally enforceable.
With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.
F. What will be the effect of Federal HSWA requirements on the
codification?
The EPA is not amending 40 CFR part 272 to include HSWA
requirements and
[[Page 80677]]
prohibitions that are implemented by EPA. Section 3006(g) of RCRA
provides that any HSWA requirement or prohibition (including
implementing regulations) takes effect in authorized and not authorized
States at the same time. A HSWA requirement or prohibition supersedes
any less stringent or inconsistent State provision which may have been
previously authorized by the EPA (50 FR 28702, July 15, 1985). The EPA
has the authority to implement HSWA requirements in all States,
including authorized States, until the States become authorized for
such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.
Statutory and Executive Order Reviews
The Office of Management and Budget (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
rule incorporated by reference Texas' authorized hazardous waste
management regulations, 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 rule merely incorporates by reference certain
existing State hazardous waste management program requirements which
the EPA already approved under 40 CFR part 271, and with which
regulated entities must already comply, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Public Law
104-4).
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing State hazardous waste management program requirements without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also does not have
Tribal implications within the meaning of Executive Order 13175 (65 FR
67249, November 6, 2000).
This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant, and
it does not make decisions based on environmental health or safety
risks. This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply
Distribution or Use'' (66 FR 28344, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
The requirements being codified are the result of Texas' voluntary
participation in the EPA's State program authorization process under
RCRA Subtitle C. 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).
List of Subjects
40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
40 CFR Part 272
Hazardous materials transportation, Hazardous waste, Incorporation
by reference, Intergovernmental relations, Water pollution control,
Water supply.
Authority: This document 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, Region 6.
For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final
authorization under part 271 to the State of Texas for revisions to its
hazardous waste program under the Resource Conservation and Recovery
Act and is amending 40 CFR part 272 as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
0
2. Revise Sec. 272.2201 to read as follows:
Sec. 272.2201 Texas State-administered program: Final authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA
granted Texas final authorization for the following elements, as
submitted to EPA in Texas' Base program application for final
authorization which was approved
[[Page 80678]]
by EPA effective on December 26, 1984. Subsequent program revision
applications were approved effective on October 4, 1985, February 17,
1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4,
1992, June 27, 1994, November 26, 1997, December 3, 1997, October 18,
1999, November 15, 1999, September 11, 2000, June 14, 2005, December
29, 2008, July 13, 2009, May 6, 2011 (76 FR 12283), and May 7, 2012 (77
FR 13200), January 9, 2013 (77 FR 71344), November 3, 2014 (79 FR
52220), and February 26, 2016.
(b) The State of Texas has primary responsibility for enforcing its
hazardous waste management program. However, EPA retains the authority
to exercise its inspection and enforcement authorities in accordance
with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928,
6934, 6973, and any other applicable statutory and regulatory
provisions, regardless of whether the State has taken its own actions,
as well as in accordance with other statutory and regulatory
provisions.
(c) State statutes and regulations. (1) The Texas statutes and
regulations cited in paragraph (c)(1)(i) of this section are
incorporated by reference as part of the hazardous waste management
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This
incorporation by reference is approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of the Texas regulations that are incorporated by reference in this
paragraph are available from West Group Publishing, 610 Opperman Drive,
Eagan, 55123, ATTENTION: Order Entry; Phone: 1-800-328-9352; Web site:
https://west.thomson.com. You may inspect a copy at EPA Region 6
Library, 12th Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone
number: (214) 665-8533, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(i) The Binder entitled ``EPA-Approved Texas Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated November 2014.
(ii) [Reserved]
(2) The following provisions provide the legal basis for the
State's implementation of the hazardous waste management program, but
they are not being incorporated by reference and do not replace Federal
authorities:
(i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010,
as amended by the 2012 Cumulative Annual Pocket Part, effective
September 1, 2011); Chapter 361, The Texas Solid Waste Disposal Act,
sections 361.002, 361.016, 361.017, 361.018, 361.0215(b)(2) and (b)(3),
361.023, 361.024, 361.029, 361.032, 361.033, 361.035, 361.036,
361.037(a), 361.061, 361.063, 361.0635, 361.064, 361.0641, 361.066(b)
and (c), 361.0666, 361.067, 361.068, 361.069, 361.078, 361.079,
361.0791, 361.080, 361.081, 361.082 (except 361.082(a) and (f)),
361.083, 361.0833, 361.084, 361.085, 361.0861(c), 361.0871(b), 361.088,
361.0885, 361.089 (except 361.089(a), (e), and (f)), 361.089(a), (e),
and (f) (2012 Cumulative Annual Pocket Part), 361.090, 361.095(b)-(f),
361.096, 361.097, 361.098, 361.099(a), 361.100, 361.101, 361.102
through 361.109, 361.113, 361.114, 361.116, 361.271 (2012 Cumulative
Annual Pocket Part), 361.272 through 361.275, 361.278, 361.301,
361.321(a) and (b), 361.321(c) (except the phrase ``Except as provided
by Section 361.322(a)''), 361.321(d), 361.321(e) (except the phrase
``Except as provided by Section 361.322(e)''), 361.451, 361.501 through
361.506, and 361.509(a) introductory paragraph, (a)(11), (b), (c)
introductory paragraph, and (c)(2); Chapter 371, Texas Oil Collection,
Management, and Recycling Act, sections 371.0025(b) and (c),
371.024(a), (c), and (d), 371.026(a) and (b), and 371.028.
(ii) Texas Water Code (TWC), Texas Codes Annotated, as amended
effective September 1, 2011: Chapter 5, sections 5.102 through 5.105,
5.112, 5.177, 5.351, 5.501 through 5.505, 5.509 through 5.512, 5.515,
and 5.551 through 5.557; Chapter 7, sections 7.031, 7.032, 7.051(a),
7.052(a), 7.052(c) and (d), 7.053 through 7.062, 7.064 through 7.069,
7.075, 7.101, 7.102, 7.104, 7.105, 7.107, 7.110, 7.162, 7.163, 7.176,
7.187(a), 7.189, 7.190, 7.252(1), 7.351, 7.353; Chapter 26, sections
26.001(13), 26.011, 26.020 through 26.022, 26.039, and 26.341 through
26.367; and Chapter 27, sections 27.003, 27.017(a), 27.018(a)-(d), and
27.019.
(iii) Texas Government Code as amended effective September 1, 2011,
section 311.027.
(iv) Texas Rules of Civil Procedure, as amended effective September
1, 2011, Rule 60.
(v) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2013, as amended, effective through December 31, 2012: Chapter
10; Chapter 39, sections 39.5(g) and (h), 39.11, 39.13 (except (10)),
39.103 (except (f) and (h)), 39.105, 39.107, 39.109, 39.403(b)(1),
39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (b)(11), and (b)(13)),
39.413 (except (10)), 39.420 (except (c) and (d)), 39.503 (except the
reference to 39.405(h) in (d) introductory paragraph and (g)), and
39.801 through 39.810; Chapter 50, sections 50.13, 50.19, 50.39, 50.113
(except (d)), 50.117(f), 50.119, 50.133, and 50.139; Chapter 55,
sections 55.25(a) and (b), 55.27 (except (b)), 55.152(a)(3), 55.152(b),
55.154, 55.156 (except (d) through (g)), 55.201 (except as applicable
to contested case hearings), and 55.211 (except as applicable to
contested case hearings); Chapter 70, section 70.10; Chapter 281,
sections 281.1 (except the clause ``except as provided by . . .
Prioritization Process)''), 281.2 introductory paragraph and (4),
281.3(a) and (b), 281.5 (except the clause ``Except as provided by . .
. Discharge Permits)'', the phrase ``radioactive material'', and the
phrase ``subsurface area drip dispersal systems''), 281.17(d) (except
the references to radioactive material licenses), 281.17(e) and (f),
281.18(a) (except for the sentence ``For applications for radioactive .
. . within 30 days.'', 281.19(a) (except the last sentence), 281.19(b)
(except the phrase ``Except as provided in subsection (c) of this
section,''), 281.20, 281.21(a) (except the phrase ``and the Texas
Radiation Control Act . . . Chapter 401.'', the acronym ``TRCA'', and
the phrase ``subsurface area drip dispersal systems''), 281.21(b),
281.21(c) (except the phrase ``radioactive materials,'' in
281.21(c)(2)), 281.21(d), 281.22(a) (except the phrase ``For
applications for radioactive . . . to deny the license.''), 281.22(b)
(except the phrase ``or an injection well,'' in the first sentence and
the phrase ``For underground injection wells . . . the same facility or
activity.''), 281.23(a), and 281.24; Chapter 305, sections, 305.29,
305.30, 305.64(d) and (f), 305.66(c), 305.66(e) (except for the last
sentence), 305.66(f) through (l), 305.123 (except the phrases ``and 401
. . . regulation)'' and ``and 32''), 305.125(1) and (3), 305.125(20),
305.127(1)(B)(i), 305.127(4)(A) and (C), and (6), 305.401 (except the
text ``Sec. 55.21 of this title (relating to Requests for Contested
Case Hearings, Public Comment)'' at (b), and 305.401(c)); and Chapter
335, sections 335.2(b), 335.43(b), 335.206, 335.391 through 335.393.
(3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
(i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010):
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.131
through 361.140; Chapter 371, Texas Oil Collection, Management, and
Recycling
[[Page 80679]]
Act, sections 371.021, 371.022, 371.024(e), 371.0245, 371.0246,
371.025, and 371.026(c).
(ii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2013, as amended, effective through December 31, 2012: Chapter
305, sections 305.53, 305.64(b)(4), and 305.69(b)(1)(A) (as it relates
to the Application Fee); Chapter 335, sections 335.321 through 335.332,
Appendices I and II, and 335.401 through 335.412.
(4) Unauthorized State amendments and provisions. (i) The following
authorized provisions of the Texas regulations include amendments
published in the Texas Register that are not approved by EPA. Such
unauthorized amendments are not part of the State's authorized program
and are, therefore, not Federally enforceable. Thus, notwithstanding
the language in the Texas hazardous waste regulations incorporated by
reference at paragraph (c)(1)(i) of this section, EPA will enforce the
State provisions that are actually authorized by EPA. The effective
dates of the State's authorized provisions are listed in the table in
this paragraph (c)(4)(i). The actual State regulatory text authorized
by EPA (i.e., without the unauthorized amendments) is available as a
separate document, Addendum to the EPA-Approved Texas Regulatory and
Statutory Requirements Applicable to the Hazardous Waste Management
Program, November, 2014. Copies of the document can be obtained from
U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202.
----------------------------------------------------------------------------------------------------------------
Effective date Unauthorized State amendments
State provision (December 31, 2012) of authorized -------------------------------------------------
provision Texas register reference Effective date
----------------------------------------------------------------------------------------------------------------
335.6(a)...................................... 7/29/92 18 TexReg 2799.................. 5/12/93
22 TexReg 12060................. 12/15/97
23 TexReg 10878................. 10/19/98
335.6(c) introductory paragraph............... 7/29/92 17 TexReg 8010.................. 11/27/92
20 TexReg 2709.................. 4/24/95
20 TexReg 3722.................. 5/30/95
21 TexReg 1425.................. 3/1/96
21 TexReg 2400.................. 3/6/96
22 TexReg 12060................. 12/15/97
23 TexReg 10878................. 10/19/98
26 TexReg 9135.................. 11/15/01
335.6(g)...................................... 7/29/92 18 TexReg 3814.................. 6/28/93
22 TexReg 12060................. 12/15/97
23 TexReg 10878................. 10/19/98
335.24(b) introductory paragraph.............. 3/1/96 21 TexReg 10983................. 11/20/96
23 TexReg 10878................. 10/19/98
38 TexReg 970................... 2/21/13
335.24(c) introductory paragraph.............. 3/1/96 21 TexReg 10983................. 11/20/96
23 TexReg 10878................. 10/19/98
38 TexReg 970................... 2/21/13
335.45(b)..................................... 9/1/86 17 TexReg 5017.................. 7/29/92
335.204(a)(1)................................. 5/28/86 16 TexReg 6065.................. 11/7/91
335.204(b)(1)................................. 5/28/86 16 TexReg 6065.................. 11/7/91
335.204(b)(6)................................. 5/28/86 16 TexReg 6065.................. 11/7/91
335.204(c)(1)................................. 5/28/86 16 TexReg 6065.................. 11/7/91
335.204(d)(1)................................. 5/28/86 16 TexReg 6065.................. 11/7/91
335.204(e)(6)................................. 5/28/86 16 TexReg 6065.................. 11/7/91
----------------------------------------------------------------------------------------------------------------
(ii) Texas has partially or fully adopted, but is not authorized to
implement, the Federal rules that are listed in the table in this
paragraph (c)(4)(ii). The EPA will continue to implement the Federal
HSWA requirements for which Texas is not authorized until the State
receives specific authorization for those requirements. The EPA will
not enforce the non-HSWA Federal rules although they may be enforceable
under State law. For those Federal rules that contain both HSWA and
non-HSWA requirements, the EPA will enforce only the HSWA portions of
the rules.
------------------------------------------------------------------------
Federal
Federal requirement Register Publication date
reference
------------------------------------------------------------------------
Clarification of Standards 62 FR 64504.... December 5, 1997.
for Hazardous Waste LDR
Treatment Variances (SWA)
(Checklist 162).
Organobromine Production 64 FR 36365.... June 8, 2000.
Wastes; Petroleum Refining
Wastes; Identification and
Listing of Hazardous Waste;
Land Disposal Restrictions
(HSWA) (Checklist 187).
Zinc Fertilizers Made from 67 FR 48393.... July 24, 2002.
Recycled Hazardous
Secondary Materials (HSWA
and Non-HSWA) (Checklist
200).
------------------------------------------------------------------------
(iii) The Federal rules listed in the table in this paragraph
(c)(4)(iii) are not delegable to States. Texas has adopted these
provisions and left the authority to the EPA for implementation and
enforcement.
[[Page 80680]]
------------------------------------------------------------------------
Federal
Federal requirement Register Publication date
reference
------------------------------------------------------------------------
Imports and Exports of 61 FR 16290.... April 12, 1996.
Hazardous Waste:
Implementation of OECD
Council Decision (HSWA)
(Checklist 152).
OECD Requirements; Export 75 FR 1236..... January 8, 2010.
Shipments of Spent Lead-
Acid Batteries (Non-HSWA)
(Checklist 222).
------------------------------------------------------------------------
(iv) Texas has chosen not to adopt, and is not authorized to
implement, the following optional Federal rules:
------------------------------------------------------------------------
Federal
Federal requirement Register Publication date
reference
------------------------------------------------------------------------
NESHAPS Second Technical 66 FR 24270.... May 14, 2001.
Correction, Vacatur (Non-
HSWA) (Checklist Rule
188.1).
Storage, Treatment, 66 FR 27218.... May 16, 2001.
Transportation and Disposal
of Mixed Waste (Non-HSWA)
(Checklist 191).
Inorganic Chemical 67 FR 17119.... April 9, 2002.
Manufacturing Waste
Identification and Listing
(HSWA/Non-HSWA) (Checklist
Rule 195.1).
Land Disposal Restrictions: 67 FR 62618.... October 7, 2002.
National Treatment Variance
to Designate New Treatment
Subcategories for
Radioactively Contaminated
Cadmium, Mercury-Containing
Batteries and Silver-
Containing Batteries (HSWA)
(Checklist 201).
NESHAP: Surface Coating of 69 FR 22601.... April 26, 2004.
Automobiles and Light-Duty
Trucks (Non-HSWA)
(Checklist 205).
Revisions to the Definition 73 FR 64668.... October 30, 2008.
of Solid Waste (Non-HSWA)
(Checklist 219).
Expansion of RCRA Comparable 73 FR 77954.... December 19, 2008.
Fuel Exclusion (Non-HSWA)
(Checklist 221).
Withdrawal of the Emission 73 FR 33712.... June 15, 2010.
Comparable Fuel Exclusion
(Non-HSWA) (Checklist 224).
Removal of Saccharin and Its 75 FR 78918.... December 17, 2010.
Salts from the Lists of
Hazardous Constituents (Non-
HSWA) (Checklist Rule 225).
------------------------------------------------------------------------
(5) Vacated Federal rules. Texas adopted and was authorized for the
following Federal rules which have since been vacated by the U.S. Court
of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379
and 08-1144, respectively; June 27, 2014):
------------------------------------------------------------------------
Federal
Federal requirement Register Publication date
reference
------------------------------------------------------------------------
Hazardous Waste Combustors; 63 FR 33782.... June 19, 1998.
Revised Standards (HSWA)
(Checklist 168--40 CFR
261.4(a)(16) and 261.38
only).
Exclusion of Oil-Bearing 73 FR 57....... January 2, 2008.
Secondary Materials
Processed in a Gasification
System to Produce Synthesis
Gas (Checklist 216--
Definition of
``Gasification'' at 40 CFR
260.10 and amendment to 40
CFR 261.4(a)(12)(i)).
Withdrawal of the Emission 7 FR 33712..... June 15, 2010.
Comparable Fuel Exclusion
under RCRA (Checklist 224--
amendments to 40 CFR
261.4(a)(16) and 261.38).
------------------------------------------------------------------------
(6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the State of Texas, signed by the Executive Director
of the Texas Commission on Environmental Quality (TCEQ) on December 20,
2011, and by the EPA Regional Administrator on February 17, 2012, is
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(7) Statement of legal authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Texas on
May 22, 1984 and revisions, supplements, and addenda to that Statement
dated November 21, 1986, July 21, 1988, December 4, 1989, April 11,
1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8,
1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended
February 7, 1997, March 11, 1997, January 5, 1999, November 2, 1999,
March 1, 2002, July 16, 2008, December 6, 2011, and February 22, 2013,
are referenced as part of the authorized hazardous waste management
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(8) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
0
3. Appendix A to part 272 is amended by revising the listing for
``Texas'' to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Texas
The statutory provisions include:
Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010):
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003
(except (3), (4), (19), (27), (35), and (39)), 361.019(a), 361.0235,
361.066(a), 361.082(a) and (f), 361.086, 361.087, 361.0871(a),
361.094, 361.095(a), 361.099(b),
[[Page 80681]]
and 361.110; Chapter 371, The Texas Oil Collection, Management, and
Recycling Act, sections 371.003, 371.024(b), 371.026(d), and
371.041.
Copies of the Texas statutes that are incorporated by reference
are available from West Group Publishing, 610 Opperman Drive, Eagan,
55123, ATTENTION: Order Entry; Phone: 1-800-328-9352; Web site:
https://west.thomson.com.
The regulatory provisions include:
Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2013, as amended, effective through December 31, 2012, and
where indicated, amendments effective February 21, 2013, as
published in the Texas Register on February 15, 2013 (38 TexReg 970;
based on the proposed rule published October 5, 2012, 37 TexReg
7871). Please note that for some provisions, the authorized versions
are found in the TAC, Title 30, Environmental Quality, as amended
effective January 1, 1994, January 1, 1997, December 31, 1999, or
December 31, 2001. Texas made subsequent changes to these provisions
but these changes have not been authorized by EPA. Where the
provisions are taken from regulations other than those dated
December 31, 2012, notations are made below.
Chapter 3, Section 3.2(25) ``Person''; Chapter 20, Section
20.15; Chapter 35, Section 35.402(e); Chapter 37, Sections 37.1,
37.11 through 37.81, 37.100 through 37.161, 37.200 through 37.281,
37.301 through 37.381, 37.400 through 37.411, 37.501 through 37.551,
36.601 through 37.671, and 37.6001 through 37.6041; Chapter 281,
Section 281.3(c);
Chapter 305, Subchapter A--General Provisions, Sections 305.1(a)
(except the reference to Chapter 401, relative to Radioactive
Materials); 305.2 introductory paragraph (except the references to
Chapter 401, relative to Radioactive Materials and the reference to
TWC 32.002); 305.2(1), (6), (11), (12), (14), (15), (19), (20),
(24), (26), (27), (28), (31), and (40)--(42); 305.3;
Chapter 305, Subchapter C--Application for Permit, Sections
305.41 (except the reference to Chapter 401, relative to Radioactive
Materials and the reference to TWC Chapter 32); 305.42(a), (b), (d),
and (f); 305.43(b); 305.44 (except (d)); 305.45 (except (a)(7)(I)
and (J)); 305.47; 305.50(a) introductory paragraph--(a)(8) (except
the last two sentences in 305.50(a)(2)); 305.50(a)(13);
305.50(a)(14) (38 TexReg 970, effective February 21, 2013);
305.50(a)(15) and (16); 305.50(b); 305.51;
Chapter 305, Subchapter D--Amendments, Modifications, Renewals,
Transfers, Corrections, Revocations, and Suspension of Permits,
Sections 305.61; 305.62(a) (except the phrase in the first sentence
``Sec. 305.70 of this title . . . Solid Waste Class I
Modifications'' and the phrase in the fifth sentence ``If the
permittee requests a modification of a municipal solid waste permit
. . . Sec. 305.70 of this title.''); 305.62(b); 305.62(c)
introductory paragraph (except the phrase ``other than . . .
subsection (i) of this section''); 305.62(c)(1); 305.62(c)(2)
introductory paragraph; 305.62(c)(2)(A) (except the phrase ``except
for Texas Pollutant Discharge Elimination System (TPDES) permits,
''); 305.62(c)(2)(B) (except the phrase ``except for TPDES permits,
''); 305.62(d) (except (d)(6)); 305.62(e)-(h); 305.63(a) (except the
last sentence of (a)(3) and (a)(7)); 305.64(a); 305.64(b) (except
(b)(4) and (b)(5)); 305.64(c); 305.64(e); 305.64(g) (38 TexReg 970,
effective February 21, 2013); 305.65; 305.66(a) (except (a)(7)-
(a)(9)); 305.66(d); 305.67(a) and (b); 305.69(a); 305.69(b) (except
for ``Additional Contents of Application for an Injection Well
Permit'' and ``Waste Containing Radioactive Materials; and
Application Fee'' at (b)(1)(A)); 305.69(c); 305.69(d) (except
(d)(2)(A)); 305.69(d)(2)(A) (38 TexReg 970, effective February 21,
2013); 305.69(e)-(j); 305.69(k) (except (k) A.8-A.10) (38 TexReg
970, effective February 21, 2013);
Chapter 305, Subchapter F--Permit Characteristics and
Conditions, Sections 305.121 (except the phrases ``radioactive
material disposal'' and ``subsurface area drip dispersal systems'');
305.122(a); 305.122(b)-(d) (38 TexReg 970, effective February 21,
2013); 305.124; 305.125 introductory paragraph; 305.125(2) and (4);
305.125(5) (except the last two sentences); 305.125(6)-(8);
305.125(9) (except (9)(C)); 305.125(10) (except the phrase ``and
32''); 305.125(11) (except the phrase ``as otherwise required by
Chapter 336 of this title'' relative to Radioactive Substances in
(11)(B)); 305.125(12)-(19), and (21); 305.127 introductory
paragraph; 305.127(1)(B)(iii); 305.127(1)(E) and (F); 305.127(2);
305.127(3)(A) (except the last two sentences); 305.127(3)(B) and
(C); 305.127(4)(B); 305.127(5)(C); 305.128;
Chapter 305, Subchapter G--Additional Conditions for Hazardous
and Industrial Solid Waste Storage, Processing, or Disposal Permits,
Sections 305.141 through 305.145; 305.150;
Chapter 305, Subchapter I--Hazardous Waste Incinerator Permits,
Sections 305.171 through 305.175; 305.176 (38 TexReg 970, effective
February 21, 2013);
Chapter 305, Subchapter J -Permits for Land Treatment
Demonstrations Using Field Tests or Laboratory Analyses, Sections
305.181 through 305.184;
Chapter 305, Subchapter K--Research, Development and
Demonstration Permits, Sections 305.191 through 305.194;
Chapter 305, Subchapter L--Groundwater Compliance Plan, Section
305.401(c);
Chapter 305, Subchapter Q--Permits for Boilers and Industrial
Furnaces Burning Hazardous Waste, Sections 305.571 through 305.573;
Chapter 305, Subchapter R--Resource Conservation And Recovery
Act Standard Permits For Storage And Treatment Units, Sections
305.650 through 305.661;
Chapter 324--Used Oil, Sections 324.1 (38 TexReg 970, effective
February 21, 2013), 324.2(except 324.2(2)) (38 TexReg 970, effective
February 21, 2013); 324.3 (except 324.3(5)) (38 TexReg 970,
effective February 21, 2013); 324.4 (38 TexReg 970, effective
February 21, 2013); 324.6 and 324.7 (38 TexReg 970, effective
February 21, 2013); 324.11 through 324.16 (38 TexReg 970, effective
February 21, 2013); 324.21; 324.22(d)(3);
Chapter 335, Subchapter A--Industrial Solid Waste and Municipal
Hazardous Waste in General, Sections 335.1 introductory paragraph;
335.1(1)-(4), (6)-(12), (16)-(18), (22), (23), (25)-(29), (32),
(34)-(37); 335.1(39) ``Designated facility'' (38 TexReg 970,
effective February 21, 2013); 335.1(40)-(46), (47) (except for the
phrase ``or is used for neutralizing the pH of non-hazardous
industrial solid waste''), (48)-(50), (52)-(57), (59) (38 TexReg
970, effective February 21, 2013), (60)-(63), (65), (66), (69)-(78),
(80)-(87), (88)-(91) (except the phrase ``solid waste or'' in each
subsection), (92), (93)-(94) (except the phrase ``solid waste or''
in both subsections); 335.1(95) ``Manifest'' and (96) ``Manifest
document number'' (38 TexReg 970, effective February 21, 2013);
335.1(97), (98), (99) (except the phrase ``solid waste or''), (100)-
(113), (115) (except the phrase ``solid waste or''), (116), (117),
(121), (122) (except the phrase ``solid waste or''), (123)-(126),
(128), (130)-(134), (136), (137), (138)(A) introductory paragraph
through (138)(A)(iii), (138)(A)(iv) introductory paragraph (except
the last sentence) (38 TexReg 970, effective February 21, 2013),
(138)(B), (138)(C), (138)(D) (except the phrase ``Except for
materials described in subparagraph (H) of this paragraph.'' at
(138)(D) introductory paragraph; and (D)(iv) Table 1), (138)(D)(iv)
Table 1 (38 TexReg 970, effective February 21, 2013), (138)(E),
(138)(F), and (138)(G) (except the phrase ``Except for materials
described in subparagraph (H) of this paragraph.'' at (138)(G)
introductory paragraph), (138)(I) and (J), (139), (141), (142) (38
TexReg 970, effective February 21, 2013), (143), (144)-(151) (except
the phrase ``solid waste or'' at (144), (147) and (149)), (152)
(except the phrase ``or industrial solid''), (153)-(156) (except the
phrase ``or industrial solid'' at (155) and (156), (158)-(160),
(161) (except the phrase ``solid waste or''), (162)-(167), (168)
(except the phrase ``or industrial solid''), (169), (170), and (171)
(except the phrase ``solid waste or''); 335.2(a) and (c); 335.2(e)
and (f); 335.2(g) (38 TexReg 970, effective February 21, 2013);
335.2(i), (j), (l), (m), and (o); 335.4; 335.5 (except (d));
335.6(a); 335.6(b) (January 1, 1997); 335.6(c); 335.6(d) (except the
last sentence) (January 1, 1994); 335.6(e) (January 1, 1994);
335.6(f)-(j); 335.7; 335.8(a)(1) and (2); 335.9(a) (except (a)(2)
and (3)); 335.9(a)(2) and (3) (January 1, 1997); 335.9(b) (January
1, 1994); 335.10(a) and (b) (38 TexReg 970, effective February 21,
2013); 335.11(a) (38 TexReg 970, effective February 21, 2013);
335.12(a) (38 TexReg 970, effective February 21, 2013); 335.13(a)
(January 1, 1997); 335.13(c) and (d) (January 1, 1994); 335.13(e)
and (f) (January 1, 1997); 335.13(g) (January 1, 1994); 335.13(k);
335.14; 335.15 introductory paragraph (January 1, 1994); 335.15(1);
335.15(3); 335.17(a); 335.18(a); 335.19 (except 335.19(d)) (38
TexReg 970, effective February 21, 2013); 335.20 through 335.22;
335.23 (except (2)); 335.23(2) (January 1, 1994); 335.24(a) and (b)
introductory paragraph; 335.24(b)(1)-(4) (38 TexReg 970, effective
February 21, 2013); 335.24(c) (except (c)(1)(A)); 335.24(c)(1)(A)
(38 TexReg 970, effective February 21, 2013); 335.24(d) (38 TexReg
970, effective February 21, 2013); 335.24(e); 335.24(f) (38 TexReg
970, effective February 21, 2013); 335.24(m) and (n); 335.29 through
335.31;
[[Page 80682]]
Chapter 335, Subchapter B--Hazardous Waste Management General
Provisions, Sections 335.41(a)-(c); 335.41(d) (except (d)(1) and
(d)(5)-(8)); 335.41(d)(1) (December 31, 2001); 335.41(e)-(j);
335.43(a); 335.44; 335.45; 335.47 (except 335.47(b) and the second
sentence in (c)(3)); 335.47(b) (December 31, 1999);
Chapter 335, Subchapter C--Standards Applicable to Generators of
Hazardous Waste, Sections 335.61(a) and (b) (38 TexReg 970,
effective February 21, 2013); 335.61(c); 335.61(d) (38 TexReg 970,
effective February 21, 2013); 335.61(e), (g), and (h); 335.61(i) (38
TexReg 970, effective February 21, 2013); 335.62 (38 TexReg 970,
effective February 21, 2013); 335.63; 335.65 through 335.68;
335.69(a) (except ``and (n)'' in the introductory paragraph;
(a)(4)(B) and (a)(4)(C)); 335.69(a)(4)(B) and (C) (38 TexReg 970,
effective February 21, 2013); 335.69(b) (38 TexReg 970, effective
February 21, 2013); 335.69(c), 335.69(d) and (e) (38 TexReg 970,
effective February 21, 2013); 335.69(f) (except (f)(4)(C));
335.69(f)(4)(C) and (D) (38 TexReg 970, effective February 21,
2013); 335.69(g), (h), and (j)-(l); 335.69(m) (38 TexReg 970,
effective February 21, 2013); 335.70; 335.71; 335.73 through 335.75;
335.76(a) (38 TexReg 970, effective February 21, 2013); 335.76(b);
335.76(c) and (d) (38 TexReg 970, effective February 21, 2013);
335.76(e); 335.76(f) (38 TexReg 970, effective February 21, 2013);
335.76(g); 335.77; 335.78(a); 335.78(b) (January 1, 1997); 335.78(c)
(38 TexReg 970, effective February 21, 2013); 335.78(d) (except
(d)(2)); 335.78(e) introductory paragraph (January 1, 1997);
335.78(e)(1) and (2); 335.78(f) introductory paragraph and (f)(1)
(38 TexReg 970, effective February 21, 2013); 335.78(f)(2) (January
1, 1997); 335.78(f)(3) (except 335.78(f)(3)(A)); 335.78(f)(3)(A) (38
TexReg 970, effective February 21, 2013); 335.78(g) (except (g)(2));
335.78(g)(2) (January 1, 1997); 335.78(h) and (i); 335.78(j) (38
TexReg 970, effective February 21, 2013); 335.79 (38 TexReg 970,
effective February 21, 2013);
Chapter 335, Subchapter D--Standards Applicable to Transporters
of Hazardous Waste, Sections 335.91 (except (e)); 335.92; 335.93
(except (e)); 335.93(e) (December 31, 1999); 335.94 (except the
phrase ``owned or operated by a registered transporter'' in (a)
introductory paragraph);
Chapter 335, Subchapter E--Interim Standards for Owners and
Operators of Hazardous Waste Storage, Processing, or Disposal
Facilities, Sections 335.111(a) and (b) (38 TexReg 970, effective
February 21, 2013), 335.111(c)-(e); 335.112(a) introductory
paragraph; 335.112(a)(1) (38 TexReg 970, effective February 21,
2013); 335.112(a)(2); 335.112(a)(3) and (4) (38 TexReg 970,
effective February 21, 2013); 335.112(a)(5)-(12); 335.112(a)(13) and
(14) (38 TexReg 970, effective February 21, 2013); 335.112(a)(15)
and (16); 335.112(a)(18)-(24); 335.112(b) (except (b)(4)(K) and
(b)(7)); 335.112(b)(4)(K) and (b)(7) (38 TexReg 970, effective
February 21, 2013); 335.112(c); 335.113; 335.115 through 335.128;
Chapter 335, Subchapter F--Permitting Standards for Owners and
Operators of Hazardous Waste Storage, Processing, or Disposal
Facilities, Sections 335.151(a) (38 TexReg 970, effective February
21, 2013); 335.151(b); 335.151(c) (38 TexReg 970, effective February
21, 2013); 335.151(d); 335.151(e) (38 TexReg 970, effective February
21, 2013); 335.151(f); 335.152(a) introductory paragraph;
335.152(a)(1) (38 TexReg 970, effective February 21, 2013);
335.152(a)(2); 335.152(a)(3) and (4) (38 TexReg 970, effective
February 21, 2013); 335.152(a)(5)-(8); 335.152(a)(9) (38 TexReg 970,
effective February 21, 2013); 335.152(a)(10) and (11);
335.152(a)(12) (38 TexReg 970, effective February 21, 2013);
335.152(a)(13); 335.152(a)(14) (38 TexReg 970, effective February
21, 2013); 335.152(a)(15)-(22); 335.152(b); 335.152(c) (except
(c)(7)); 335.152(c)(7) (38 TexReg 970, effective February 21, 2013);
335.152(d); 335.153; 335.155 introductory paragraph (38 TexReg 970,
effective February 21, 2013); 335.155(1) and (2); 335.155(3) (38
TexReg 970, effective February 21, 2013); 335.156 through 335.167;
335.168 (except (c)); 335.168(c) (38 TexReg 970, effective February
21, 2013); 335.169; 335.170 (except (c)); 335.170(c) (38 TexReg 970,
effective February 21, 2013); 335.171 through 335.179;
Chapter 335, Subchapter G--Location Standards for Hazardous
Waste Storage, Processing, or Disposal, Sections 335.201(a) (except
(a)(3)); 335.201(c); 335.202 introductory paragraph; 335.202(2),
(4), (9)-(11), (13), (15)-(18); 335.203; 335.204(a) introductory
paragraph-(a)(5); 335.204(b)(1)-(6); 335.204(c)(1)-(5);
335.204(d)(1)-(5); 335.204(e) introductory paragraph; 335.204(e)(1)
introductory paragraph (except the phrase ``Except as . . . (B) of
this paragraph,'' and the word ``event'' at the end of the
paragraph); 335.204(e)(2)-(7); 335.204(f); 335.205(a) introductory
paragraph--(a)(2) and (e);
Chapter 335, Subchapter H--Standards for the Management of
Specific Wastes and Specific Types of Facilities, Sections 335.211;
335.212; 335.213 (38 TexReg 970, effective February 21, 2013);
335.214; 335.221; 335.222(except (c)(1)); 335.222(c)(1) (38 TexReg
970, effective February 21, 2013); 335.223 through 335.225;
335.241(except (b)(4)); 335.251 (38 TexReg 970, effective February
21, 2013); 335.261 (except (e)); 335.271; 335.272;
Chapter 335, Subchapter O--Land Disposal Restrictions, Section
335.431 (except (c)(1)); 335.431(c)(1) (38 TexReg 970, effective
February 21, 2013);
Chapter 335, Subchapter R--Waste Classification, Sections
335.504 introductory paragraph; 335.504(1)-(3) (38 TexReg 970,
effective February 21, 2013);
Subchapter U, Standards For Owners And Operators Of Hazardous
Waste Facilities Operating Under A Standard Permit, Sections 601 and
602.
Copies of the Texas regulations that are incorporated by
reference are available from West Group Publishing, 610 Opperman
Drive, Eagan, 55123, ATTENTION: Order Entry; Phone: 1-800-328-9352;
Web site: https://west.thomson.com.
* * * * *
[FR Doc. 2015-31881 Filed 12-24-15; 8:45 am]
BILLING CODE 6560-50-P