Texas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program, 20187-20195 [2020-06896]

Download as PDF Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations collections subject to OMB approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance exemption in this action, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or Tribes. As a result, this action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, EPA has determined that this action will not have a substantial direct effect on States or Tribal governments, on the relationship between the National Government and the States or Tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, EPA has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require EPA’s consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (15 U.S.C. 272 note). lotter on DSKBCFDHB2PROD with RULES V. 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). VerDate Sep<11>2014 16:16 Apr 09, 2020 Jkt 250001 List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: March 4, 2020. Richard Keigwin, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: 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. Add § 180.1374 to subpart D to read as follows: ■ § 180.1374 Autographa californica multiple nucleopolyhedrovirus strain R3; exemption from the requirement of a tolerance. Residues of Autographa californica multiple nucleopolyhedrovirus strain R3 are exempt from the requirement of a tolerance in or on all food commodities when used in accordance with label directions and good agricultural practices. [FR Doc. 2020–07043 Filed 4–9–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 272 [EPA–R06–RCRA–2016–0549; FRL–10004– 22–Region 6] Texas: Final Authorization of StateInitiated Changes and Incorporation by Reference of State Hazardous Waste Management Program Environmental Protection Agency (EPA). ACTION: Final rule and response to comments. AGENCY: In this rule, the Environmental Protection Agency (EPA) is approving state-initiated changes and incorporation by reference of the State of Texas hazardous waste program under the Resource Conservation and Recovery Act. The EPA also addresses comments it received after issuing two proposed rules on the Texas revisions. EPA is confirming the program revisions to the State of Texas hazardous waste program satisfy all requirements needed to qualify for final authorization. No further opportunity for comment will be provided. This final rule also codifies and incorporates by reference the authorized provisions of the Texas SUMMARY: PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 20187 statutes and regulations in the Code of Federal Regulations. DATES: This final rule is effective April 10, 2020. The incorporation by reference of authorized provisions in the Texas statutes and regulations contained in this rule is approved by the Director of the Federal Register as of April 10, 2020, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R06–RCRA–2016–0549. All documents in the docket are listed in www.regulations.gov index. Although listed in the index, some of the information is not publicly available. e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy. You can view and copy the documents that form the basis for the codification and associated publicly available materials from 8:30 a.m. to 4:00 p.m., Monday through Friday, at the following location: EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas, 75270, phone number (214) 665–8533. Interested persons wanting to examine these documents should make an appointment with the office. FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional Authorization/Codification Coordinator, Permit Section (LCR–RP), Land, Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, and Email address patterson.alima@epa.gov. SUPPLEMENTARY INFORMATION: A. What were the comments and responses to EPA’s proposal? During the initial public comment period that ended on November 23, 2018, EPA received comments from three sources regarding EPA’s proposal to (1) authorize State-initiated changes to Texas’ hazardous waste regulations in accordance with 40 CFR part 271 and (2) codify in 40 CFR part 272, the prior approval of Texas’ hazardous waste management program and incorporate by reference authorized provisions of the State’s statutes and regulations. For the public comment period ending August 9, 2019, EPA received one comment from one of the initial commenters which reiterated concerns about the Texas authorized program. The full set of comments can be found in the docket for this action. E:\FR\FM\10APR1.SGM 10APR1 lotter on DSKBCFDHB2PROD with RULES 20188 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations In accordance with 40 CFR parts 271 and 272, EPA provides the following responses to comments regarding the authorization and codification of Texas’ hazardous waste program under RCRA subtitle C: One commenter made a reference to a previous Texas authorization Federal Register notice published on September 3, 2014 (79 FR 52220; EPA–R06–RCRA– 2013–0624–0003) in which the commenter raised an issue about Texas’ land disposal restrictions (LDR) requirements. In an initial comment received on November 19, 2018 for the October 24, 2018 Proposed Rule, the commenter asserted that EPA does not address public comments that oppose a State’s authorization and requested a ‘‘complete top-to-bottom review’’ of Texas’ RCRA program, starting with the Texas land disposal restrictions and the hazardous fluorescent lamp programs to ensure that the State’s program is no less stringent than the Federal law and regulations. This same commenter reiterated the same concerns in a comment submitted during the extended public comment period that ended on August 9, 2019. EPA responds to this comment as follows: The commenter’s assertion that EPA does not address public comments that oppose a State’s authorization is incorrect. The EPA does address adverse comments that pertain to specific final rules for which a State is seeking authorization. In the case of the September 3, 2014 Federal Register notice, the Texas authorization did not pertain to the LDR program and therefore the comment about LDR was not relevant to the action addressed in that authorization notice. See www.regulations.gov for the response to the comment posted on September 15, 2014. With respect to the hazardous waste lamp rule, as introduced into the Federal regulations on July 6, 1999 (64 FR 36466), EPA reviewed Texas regulations for those provisions and determined that they were equivalent to the Federal requirements and authorized the State for the lamp requirements (70 FR 34371, June 14, 2005). EPA can only address the comments and take action on the specific set of rules which are identified in the current rulemaking. Prior rulemakings should be challenged at the time they are proposed and finalized. If they are not challenged in a timely manner, the concept of final agency action under the Administrative Procedure Act (See 5 U.S.C. Sec.704) would be undermined. In order to adequately address the concerns of this anonymous commenter, EPA recommends that the commenter VerDate Sep<11>2014 16:16 Apr 09, 2020 Jkt 250001 contact EPA directly and send written documentation, outlining the specific reasons for their assessment and conclusions about the Texas authorized hazardous waste program. The information sent to EPA should provide supporting documentation and rationale for their evaluation of the Texas program or the commenter may contact the Region to discuss their concerns. A second set of comments were submitted by the Sierra Club which raised a number of issues related to: (1) EPA’s proposed authorization of Stateinitiated changes to Title 30, Texas Administrative Code, sections 335.155(1) and 335.261(b)(15), analogous to 40 CFR 264.77(a) and 273.8(a)(2), respectively; (2) authorized Texas provisions and amendments to previously authorized provisions in the Texas regulations; and (3) limited explanation and information about accessing the agency’s documents underlying the proposed action. In the first issue, the Sierra Club objected to EPA authorizing the Stateinitiated changes that EPA has deemed minor without the State submitting a formal application for EPA authorization or providing the citation of authority which explains the basis for the absence of a formal application. The Sierra Club further asserted that the formal application would have provided the associated public participation processes. EPA’s response to this comment is discussed in Section B below. The second issue raised by the Sierra Club involved the documentation EPA provided in the proposed rule relative to the codification and incorporation by reference of the Texas authorized program. The Sierra Club acknowledged that in the proposed rule, EPA notified the public that there are some provisions of the Texas hazardous waste management program that are not part of the Federally authorized State program; such as State analogs to Federal provisions for which the State is not authorized, unauthorized amendments to previously authorized State provisions, new unauthorized State requirements and Federal rules for which Texas is authorized but which have since been vacated. See, 83 FR 53597, October 24, 2018. In addition, the Sierra Club emphasized that ‘‘[S]imply noting that there are such unauthorized provisions in the Texas program and that they are not Federally enforceable falls short of EPA’s legal obligations under RCRA.’’ and ‘‘if the Texas hazardous waste program contains any provision that is less stringent than the Federal requirements, it is unlawful and EPA must disapprove PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 it until those provisions are corrected or eliminated.’’ EPA responds to this comment as follows: As discussed in Section II.C of the proposed rule, the purpose of the codification of the Texas statutes and regulations under 40 CFR part 272 is to clarify which of the Texas provisions are included in the authorized and Federally enforceable program and for the public to be able to discern the status of Federally approved requirements of the Texas hazardous waste management program. The codification process that EPA follows requires the Agency to review the State’s entire regulations in order to document the provisions that EPA has already authorized, and to identify all provisions and language in the State’s regulations that EPA has not authorized. Such unauthorized State provisions may include (1) analogs to Federal provisions adopted by the State; (2) State-only provisions with no Federal analogs; (3) amendments to previously authorized provisions; or (4) Federal provisions adopted by the State but which have since been vacated by a Court at the Federal level. The process allows EPA to identify regulatory and statutory deficiencies in the State’s authorized program and to require the State to make corrections and amendments to the State regulations and statutes to be at least equivalent and consistent and not less stringent than the Federal program. The State is then required to submit a program revision application to EPA for review and approval. While the State is addressing those issues, EPA proceeds with the codification of the State’s authorized program and makes it clear to the public in the codification Federal Register document which State provisions are not part of the authorized program. In the case of the Comparable Fuels Exclusions (63 FR 33782, 6/19/98) and the Hazardous Waste Gasification Exclusion (73 FR 57 1/2/08) for which Texas was previously authorized, but 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), the EPA is clarifying in this final rule, that the Texas provisions are no longer part of the State’s authorized program. The effect of the vacaturs on all States, including Texas, is that the previously authorized comparable fuels and gasification rules from the State program are no longer to be considered part of the Federally authorized program. Thus, EPA may bring enforcement actions under RCRA Section 3008 at facilities that do not E:\FR\FM\10APR1.SGM 10APR1 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations lotter on DSKBCFDHB2PROD with RULES comply with the RCRA hazardous waste regulations. EPA has been working with the State of Texas to make the necessary corrections to its regulations and to submit an application to EPA for review. In the Binder entitled ‘‘EPAApproved Texas Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program,’’ dated December 2015 (the Binder) that is incorporated by reference, EPA crosses out all provisions and language that EPA has determined are not part of the State’s authorized requirements. The ‘‘Addendum to the EPA Approved Texas Regulatory Requirements Applicable to the Hazardous Waste Management Program’’ (the Addendum) includes the actual State regulatory text authorized by the EPA for the citations listed at 272.2201(c)(4). Finally, the commenters indicated that EPA did not make available in the e-docket at www.regulations.gov all supporting documents for EPA’s proposed authorization and codification of the Texas hazardous waste management program. With the publication of the August 9, 2019 Federal Register notice that extended the public comment period for 30 days, EPA provided all supporting documents at www.regulations.gov. Copies of both the Binder and the Addendum were also made available to the public in the edocket at www.regulations.gov. B. What State-initiated changes is EPA authorizing with this action? The Sierra Club objected to EPA authorizing the State-initiated changes that EPA has deemed minor without the State submitting a formal application for EPA authorization or providing the citation of authority which explains the basis for the absence of a formal application. The Sierra Club further asserted that the formal application would have provided the associated public participation processes. EPA responds to this comment as follows: According to 40 CFR 271.21 Procedures for revision of State Programs—40 CFR 271.21(a) provides, ‘‘Either EPA or the approved State may initiate program revision.’’ Further, 40 CFR 271.21(b)(1) states ‘‘The State shall submit a modified program description, . . . , or such other documents as EPA determines to be necessary under the circumstances.’’ Under the circumstances of these revisions EPA has determined that the only documents deemed necessary are the Texas RCRA statutes and regulations. We determined this because State-initiated changes addressed in the proposed rule were VerDate Sep<11>2014 16:16 Apr 09, 2020 Jkt 250001 corrections to technical errors in the State’s regulations that did not impact substance of the State’s authorized hazardous waste management program. Specifically, Texas amended 335.155(1) [analog to 40 CFR 264.77(a)] to correct an error in the internal reference by replacing ‘‘264.56(j)’’ with ‘‘264.56(i). Texas also amended 335.261(b)(15) [analog to 40 CFR 264.77(a) and 273.8(a)(2)] to provide correct references to 40 CFR 273.8(a)(2) and 261.5. EPA deemed these corrections to be of a such a non-substantive/minor nature that submission of additional material was not necessary. The State’s laws and regulations, as amended by these provisions, provide authority which remains equivalent to, and no less stringent than the corresponding Federal laws and regulations. Based on EPA’s responses to the comments received regarding the proposed authorization of the Stateinitiated changes, the EPA now makes a final decision that Texas’ hazardous waste program revisions satisfy the requirements necessary to qualify for final authorization in accordance with 40 CFR 271.21(a). EPA will continue to implement and enforce Hazardous and Solid Waste Amendments of 1984 (HSWA) provisions for which the State is not authorized. EPA also retains its authority under RCRA sections 3007, 3008, 3013 and 7003 which include, among others, authority to: (1) Take enforcement actions regardless of whether the State has taken its own action, (2) enforce RCRA requirements and suspend or revoke permits; and (3) perform inspections, and require monitoring, tests, analyses or reports. C. Amendments to 40 CFR 272.2201 In this final action, the EPA is incorporating by reference the Texas authorized hazardous waste program in subpart SS of 40 CFR part 272. Section 272.2201(c)(1) incorporates by reference Texas’ authorized hazardous waste statutes and regulations. Section 272.2201 also references material which is not being incorporated by reference, but which the EPA considered in determining the adequacy of Texas’ program. Section 272.2201(c)(2) references sections of the Texas statutes which provide the legal basis for the State’s implementation of the hazardous waste management program. In addition, §§ 272.2201(c)(6), (7), and (8) reference the Memorandum of Agreement, the Attorney General’s Statements, and the Program Description, respectively. These documents are evaluated as part of the approval process of the hazardous waste management program in accordance PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 20189 with subtitle C of RCRA but are not part of the material to be incorporated by reference. State provisions that are ‘‘broader in scope’’ than the Federal program are not incorporated by reference in 40 CFR part 272. For reference and clarity, the EPA lists in 40 CFR 272.2201(c)(3) the Texas statutory and regulatory provisions that are ‘‘broader in scope’’ than the Federal program, and which are not part of the authorized program being incorporated by reference. While ‘‘broader in scope’’ provisions are not part of the authorized program and cannot be enforced by the EPA, the State may enforce such provisions under State law. At 40 CFR 272.2201(c)(4) and (5), EPA lists amendments to Texas regulations and Federal rules which are not part of the Texas authorized program. The October 24, 2018 proposed rule provides details about the effect of Texas’s codification on enforcement (See, Section III.D, 83 FR 53597) and on Federal requirements promulgated under the Hazardous and Solid Waste Amendments of 1984 (HSWA) (See Section III.F, 83 FR 53598). 1. Incorporation by Reference In the Federal Register document published on October 24, 2018 (83 FR 53595), the EPA also proposed to codify the EPA’s authorization of Texas’ base hazardous waste management program and the State’s revisions to that program. In this action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Texas authorized hazardous waste statutes and regulations described in the amendments to 40 CFR 272.2201 set forth below. The EPA has made, and will continue to make, these materials generally available electronically through https://www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 2. Correction and Clarification In this final rule, the EPA is making corrections and clarifying the language in 40 CFR 272.2201(c)(5) and the associated Table. The Table includes an incorrect entry for Withdrawal of the Emission Comparable Fuel Exclusion under RCRA (Checklist 224— amendments to 40 CFR 261.4(a)(16) and 261.38) (75 FR 33712, June 15, 2010). Texas adopted and was authorized for the Comparable Fuel exclusion as introduced by the Hazardous Waste Combustors Revised Standards final (63 E:\FR\FM\10APR1.SGM 10APR1 20190 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations FR 33782, June 19, 1998 (Revision Checklist 168); however, the State did not adopt, and was not authorized for the amendment to the Comparable Fuel exclusion published on June 15, 2010. Thus, EPA is correcting the § 272.2201(c)(5) Table to remove the third entry regarding the June 15, 2010 final rule (Revision Checklist 224). The EPA is also adding language to § 272.2201(c)(5) to clarify that EPA may bring enforcement action under RCRA section 3008 at facilities that do not comply with the terms of the court vacaturs. The EPA is also correcting a typographical error in the entry for Checklist 224 in the § 272.2201(c)(4)(iv) Table by replacing the Federal Register reference ‘‘73 FR 33712’’ with ‘‘75 FR 33712.’’ D. Administrative Requirements This final action authorizes and codifies State requirements for the purpose of RCRA section 3006 and imposes no additional requirements beyond those imposed by State law. For further information on how this authorization and codification comply with applicable executive orders and statutory provisions, please see the proposed rule published in the Federal Register (83 FR 53595, October 24, 2018). The Congressional Review Act, 5 U.S.C. 801—808, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This action will be effective April 10, 2020. lotter on DSKBCFDHB2PROD with RULES List of Subjects in 40 CFR Part 272 Environmental protection, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Intergovernmental relations, Water pollution control, Water supply. Authority: This rule is issued under the authority of Section 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926,697(b). VerDate Sep<11>2014 16:16 Apr 09, 2020 Jkt 250001 Dated: March 25, 2020. Kenley McQueen, 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 40 CFR part 271 to the State of Texas for State-initiated 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) History of the State of Texas authorization. Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Texas final authorization for the following elements as submitted to EPA in Texas’ Base program application for final authorization which was approved by EPA effective on December 26, 1984. Subsequent program revision applications were approved effective on October 4, 1985, February 17, 1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4, 1992, June 27, 1994, November 26, 1997, December 3, 1997, October 18, 1999, November 15, 1999, September 11, 2000, June 14, 2005, December 29, 2008, July 13, 2009, May 6, 2011, May 7, 2012, January 9, 2013, November 3, 2014, December 21, 2015, February 26, 2016, and April 10, 2020. (b) Enforcement authority. 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) Incorporation by reference. The Texas statutes and regulations cited in paragraph (c)(1)(i) of this section are PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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. You may obtain copies of the Texas statutes and regulations that are incorporated by reference in this paragraph from Thomson Reuters, 610 Opperman Drive, Eagan, MN 55123; Phone: 1–888–728– 7677; website: https:// legalsolutions.thomsonreuters.com. You may inspect a copy at EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, Phone number: (214) 665– 8533, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@ nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. (i) ‘‘EPA-Approved Texas Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program’’, dated December 2015. (ii) [Reserved] (2) Legal basis. 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 2015 Cumulative Annual Pocket Part, effective September 1, 2015); Chapter 361, The Texas Solid Waste Disposal Act (TSWDA), 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 (2015 Cumulative Annual Pocket Part), 361.090, 361.095(b) through (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 (2015 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 Used Oil E:\FR\FM\10APR1.SGM 10APR1 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations 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), as amended effective September 1, 2015: 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, 2015, section 311.027. (iv) Texas Rules of Civil Procedure, as amended effective September 1, 2015, Rule 60. (v) Texas Administrative Code (TAC), Title 30, Environmental Quality, 2015, as amended, effective through December 31, 2014: (A) 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; (B) Chapter 50, sections 50.13, 50.19, 50.39, 50.113 (except (d)), 50.117(f), 50.119, 50.133, and 50.139; (C) 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)— (g)), 55.201 (except as applicable to contested case hearings), and 55.211 (except as applicable to contested case hearings); (D) Chapter 70, section 70.10; (E) 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)’’ and the phrases ‘‘subsurface area drip dispersal systems’’ and ‘‘radioactive material’’ in the introductory paragraph), 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 thirty 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 ‘‘and 32’’ and the phrase ‘‘and the Texas Radiation Control Act.’’), 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; (F) 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 32’’ and ‘‘and 401’’), 305.125(1) and (3), 305.125(20), 305.127(1)(B)(i), 305.127(4)(A) and (C), 305.127 (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 (G) Chapter 335, sections 335.2(b), 335.43(b), 335.206, 335.391 through 335.393. (3) Related legal provisions. The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the 20191 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 (TSWDA), sections 361.131 through 361.140; Chapter 371, Texas Used Oil Collection, Management, and Recycling Act, sections 371.021, 371.022, 371.024(e), 371.0245, 371.0246, 371.025, and 371.026(c). (ii) Texas Administrative Code (TAC), Title 30, Environmental Quality, 2015, as amended, effective through December 31, 2014: Chapter 305, sections 305.53, 305.64(b)(4), and 305.69(b)(1)(A) (as it relates to the Application Fee); Chapter 335, sections 335.321 through 335.332, Appendices I and II, and 335.401 through 335.412. (4) Unauthorized State amendments and provisions. (i) The following authorized provisions of the Texas regulations include amendments published in the Texas Register that are not approved by EPA. Such unauthorized amendments are not part of the State’s authorized program and are, therefore, not Federally enforceable. Thus, notwithstanding the language in the Texas hazardous waste regulations incorporated by reference at paragraph (c)(1)(i) of this section, EPA will enforce the State provisions that are actually authorized by EPA. The effective dates of the State’s authorized provisions are listed in the Table below. The actual State regulatory text authorized by EPA (i.e., without the unauthorized amendments) is available as a separate document, Addendum to the EPAApproved Texas Regulatory and Statutory Requirements Applicable to the Hazardous Waste Management Program, December, 2015. Copies of the document can be obtained from EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270. TABLE 1 TO PARAGRAPH (c)(4)(i) lotter on DSKBCFDHB2PROD with RULES 335.6(a) ........................................................................................................................... 7/29/92 335.6(c) introductory paragraph ..................................................................................... 7/29/92 VerDate Sep<11>2014 16:16 Apr 09, 2020 Jkt 250001 PO 00000 Unauthorized State amendments Effective date of authorized provision State provision (December 31, 2014) Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\10APR1.SGM Texas Register reference 18 22 23 17 20 20 21 21 22 23 26 TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg TexReg 10APR1 2799 ........ 12060 ...... 10878 ...... 8010 ........ 2709 ........ 3722 ........ 1425 ........ 2400 ........ 12060 ...... 10878 ...... 9135 ........ Effective date 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 20192 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations TABLE 1 TO PARAGRAPH (c)(4)(i)—Continued 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 5/28/86 5/28/86 5/28/86 5/28/86 5/28/86 5/28/86 (ii) Texas has partially or fully adopted, but is not authorized to implement, the Federal rules that are listed in the following table. The EPA will continue to implement the Federal Unauthorized State amendments Effective date of authorized provision State provision (December 31, 2014) 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 Texas Register reference 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 Effective date 3814 ........ 12060 ...... 10878 ...... 10983 ...... 10878 ...... 970 .......... 10983 ...... 10878 ...... 970 .......... 5017 ........ 6065 ........ 6065 ........ 6065 ........ 6065 ........ 6065 ........ 6065 ........ 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 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. TABLE 2 TO PARAGRAPH (c)(4)(ii) Federal requirement Federal Register reference Clarification of Standards for Hazardous Waste LDR Treatment Variances (HSWA) (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). 62 FR 64504 .......... 64 FR 36365 .......... December 5, 1997. June 8, 2000. 67 FR 48393 .......... July 24, 2002. (iii) The Federal rules listed in the table below are not delegable to States. Texas has adopted these provisions and Publication date left the authority to the EPA for implementation and enforcement. TABLE 3 TO PARAGRAPH (c)(4)(iii) Federal requirement Federal Register reference 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. Publication date (iv) Texas has chosen not to adopt, and is not authorized to implement, the following optional Federal rules: lotter on DSKBCFDHB2PROD with RULES TABLE 4 TO PARAGRAPH (c)(4)(iv) 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). 66 FR 24270 .......... 66 FR 27218 .......... 67 FR 17119 .......... May 14, 2001. May 16, 2001. April 9, 2002. 67 FR 62618 .......... October 7, 2002. VerDate Sep<11>2014 16:16 Apr 09, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\10APR1.SGM 10APR1 Publication date Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations 20193 TABLE 4 TO PARAGRAPH (c)(4)(iv)—Continued Federal Register reference Federal requirement 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 (Non-HSWA) (Checklist 224) ...................... Removal of Saccharin and Its Salts from the Lists of Hazardous Constituents (Non-HSWA) (Checklist Rule 225). (5) Vacated Federal rules. Texas adopted and was authorized for the Federal rules listed in the Table below 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). The effect of the vacaturs on Texas is that the previously authorized comparable fuels and gasification rules from the State program are no longer be considered part of the Federally 69 73 73 75 75 FR FR FR FR FR 22601 64668 77954 33712 78918 .......... .......... .......... .......... .......... Publication date April 26, 2004. October 30, 2008. December 19, 2008. June 15, 2010. December 17, 2010. authorized program. Thus, EPA may bring enforcement actions under RCRA Section 3008 at facilities that do not comply with the RCRA hazardous waste regulations. lotter on DSKBCFDHB2PROD with RULES TABLE 5 TO PARAGRAPH (c)(5) Federal requirement 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)). 63 FR 33782 .......... June 19, 1998. 73 FR 57 ................ January 2, 2008. (6) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the State of Texas was 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. The 2012 Memorandum of Agreement was re-certified by the Executive Director of the TCEQ on March 26, 2015, and the EPA Regional Administrator on September 30, 2015, and 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, February 12, 2013, and June 10, 2016] 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 VerDate Sep<11>2014 16:16 Apr 09, 2020 Jkt 250001 submitted as part of the original application or as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. ■ 3. Amend Appendix A to part 272 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), (19), (27), (35), and (39)), 361.019(a), 361.0235, 361.066(a), 361.082(a) and (f), 361.086, 361.087, 361.0871(a), 361.094, 361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas Used 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 Thomson Reuters, 610 Opperman Drive, Eagan, MN 55123; Phone: 1–888– 728–7677; website: https:// legalsolutions.thomsonreuters.com. The regulatory provisions include: Texas Administrative Code (TAC), Title 30, Environmental Quality, 2015, as amended, effective through December 31, 2014, and where indicated, PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 Publication date amendments effective January 8, 2015, as published in the Texas Register on January 2, 2015 (40 TexReg 77); based on the proposed rule published August 22, 2014 (39 TexReg 6376). 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, December 31, 2001, or December 31, 2012. 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 effective December 31, 2014, 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 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, 37.601 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 THSC sections 401.003 and 401.004, 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), (40), (41), and (42); 305.3; E:\FR\FM\10APR1.SGM 10APR1 lotter on DSKBCFDHB2PROD with RULES 20194 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations Chapter 305, Subchapter C— Application for Permit or Post-Closure Order, 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 through (a)(3) (except the last two sentences in 305.50(a)(2)); 305.50(a)(4) (December 31, 2012); 305.50(a)(5) through (a)(8); 305.50(a)(13) through (a)(16); 305.50(b); 305.51; Chapter 305, Subchapter D— Amendments, Renewals, Transfers, Corrections, Revocation, 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 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 the phrase ‘‘except for TPDES permits,’’); 305.62(d) (except (d)(6)); 305.62(e) through (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) and (e); 305.64(g); 305.65; 305.66(a) (except (a)(7) through (a)(9)); 305.66(d); 305.67(a) and (b); 305.69(a); 305.69(b) (except the phrases ‘‘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)(7)); 305.69(e) through (h); 305.69(i)(3) and (i)(4); 305.69(j); 305.69(k) (except (k) A.8 through A.10); Chapter 305, Subchapter F—Permit Characteristics and Conditions, Sections 305.121 (except the phrases ‘‘radioactive material disposal’’ and ‘‘subsurface area drip dispersal systems’’); 305.122 (except (e)); 305.124; 305.125 introductory paragraph; 305.125(2) and (4); 305.125(5) (except the second sentence); 305.125(6) through (8); 305.125(9) (except (9)(C)); 305.125(10) (except the phrases ‘‘and 32’’ and ‘‘and 401.603’’); 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) through (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 VerDate Sep<11>2014 16:16 Apr 09, 2020 Jkt 250001 (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 305.176; 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, Subchapter A—Used Oil Recycling, Sections 324.1; 324.2 (except 324.2(2)); 324.3 (except 324.3(5)); 324.4; 324.6; 324.7; 324.11 through 324.16; 324.21; 324.22(d)(3); Chapter 335, Subchapter A— Industrial Solid Waste and Municipal Hazardous Waste in General, Sections 335.1 introductory paragraph through (4), (6) through (12), (16) through (19), (23), (24), (26) through (30), (33), (35) through (38), (40) through (47), (48) (except for the phrase ‘‘or is used for neutralizing the pH of non-hazardous industrial solid waste’’), (49), (50), (51), (53) through (58), (60) through (64), (66), (67), (70) through (79), (81) through (115) (except the phrase ‘‘solid waste or’’ at (89), (91), (92), (94), (95), and (100)), (117) (except the phrase ‘‘solid waste or’’), (118), (119), (123) through (128) (except the phrase ‘‘solid waste or’’ at (124)), (130), (132) through (136), (138) through (140)(A)(iii), (140)(A)(iv) introductory paragraph (except the last sentence), (140)(B) through (G) (except the phrase ‘‘Except for materials described in subparagraph (H) of this paragraph.’’ at (D) and (G) introductory paragraphs),), (140)(I) and (J), (141), (142), (144) through (154) (except the phrase ‘‘solid waste or’’ at (147), (150) and (152)), (155) through (159) (except the phrase ‘‘or industrial solid’’ at (155), (158), and (159)), (161) through (170) (except the phrase ‘‘solid waste or’’ at (164)), (171) (except the phrase ‘‘or PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 industrial solid’’ at (171)(B)), (172) through (174), and (175) (except the phrase ‘‘solid waste or’’) (40 TexReg 77, effective January 8, 2015); 335.2 (except (b), (d), (h), (k) and (n)); 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) and (g); 335.6(h) (except the third sentence); 335.6(i) and (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); 335.11(a); 335.12(a); 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) (except two references to ‘‘Class 1 Waste’’ at introductory paragraph); 335.17(a); 335.18(a); 335.19 (except 335.19(d)); 335.20 through 335.23(1); 335.23(2) (January 1, 1994); 335.24(a) through (f); 335.24(m) and (n); 335.29 through 335.31; Chapter 335, Subchapter B— Hazardous Waste Management General Provisions, Sections 335.41(a) through (c); 335.41(d) introductory paragraph and (d)(2) through (d)(4); 335.41(d)(1) (December 31, 2001); 335.41(e) through (j); 335.43(a); 335.44; 335.45; 335.47 (except (b) and second sentence in (c)(3)); 335.47(b) (December 31, 1999); Chapter 335, Subchapter C— Standards Applicable to Generators of Hazardous Waste, Sections 335.61 (except (f)); 335.62; 335.63; 335.65 through 335.68; 335.69 (except ‘‘and (n)’’ in (a) introductory paragraph, (i), and (n)); 335.70; 335.71; 335.73 through 335.75; 335.76 (except (h)); 335.77; 335.78(a); 335.78(b) (January 1, 1997); 335.78(c); 335.78(d) (except (d)(2)); 335.78(e) introductory paragraph (January 1, 1997); 335.78(e)(1) and (2); 335.78(f) (except 335.78(f)(2)); 335.78(f)(2) (January 1, 1997); 335.78(g) (except (g)(2)); 335.78(g)(2) (January 1, 1997); 335.78(h) through (j); 335.79; 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; Chapter 335, Subchapter E—Interim Standards for Owners and Operators of Hazardous Waste Treatment, Storage, or Disposal Facilities, Sections 335.111; 335.112 (except (a)(17)); 335.113; 335.115 through 335.128; Chapter 335, Subchapter F— Permitting Standards for Owners and Operators of Hazardous Waste Treatment, Storage, or Disposal Facilities, Sections 335.151 through E:\FR\FM\10APR1.SGM 10APR1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations 335.153; 335.155 (except 335.155(1)); 335.155(1) (40 TexReg 77, effective January 8, 2015 (August 22, 2014 proposed rule (39 TexReg 6376))); 335.156 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) through (11), (13), and (15) through (18); 335.203; 335.204(a) introductory paragraph through (a)(5); 335.204(b)(1) through (6); 335.204(c)(1) through (5); 335.204(d)(1) through (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) through (e)(7); 335.204(f); 335.205(a) introductory paragraph through (a)(2) and (e); Chapter 335, Subchapter H— Standards for the Management of Specific Wastes and Specific Types of Facilities, Sections 335.211(a) (40 TexReg 77, effective January 8, 2015); 335.211(b) and (c); 335.212 through 335.214; 335.221 through 335.225; 335.241(except (b)(4)); 335.251; 335.261 (except (b) introductory paragraph, (b)(6), (b)(15) and (e)); 335.261(b) introductory paragraph, (b)(6), and (b)(15) (40 TexReg 77, effective January 8, 2015 (August 22, 2014 proposed rule (39 TexReg 6376))); 335.271; 335.272; Chapter 335, Subchapter O—Land Disposal Restrictions, Section 335.431 (except (c)(1); 335.431(c)(1) (39 TexReg 6376, effective August 22, 2014 (August 22, 2014 proposed rule (39 TexReg 6376))); Chapter 335, Subchapter R—Waste Classification, Sections 335.504 (except 335.504(1)); 335.504(1) (40 TexReg 77, effective January 8, 2015 (August 22, 2014 proposed rule (39 TexReg 6376))); Chapter 335, 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 Thomson Reuters, 610 Opperman Drive, Eagan, MN 55123; Phone: 1–888–728–7677; website: https:// legalsolutions.thomsonreuters.com. * * * * * [FR Doc. 2020–06896 Filed 4–9–20; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:16 Apr 09, 2020 Jkt 250001 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 328 [Docket ID FEMA–2020–0018] RIN 1660–AB01 Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use Federal Emergency Management Agency, DHS. ACTION: Temporary final rule. AGENCY: The Federal Emergency Management Agency (FEMA) is issuing a temporary rule to allocate certain scarce or threatened materials for domestic use, so that these materials may not be exported from the United States without explicit approval by FEMA. The rule covers five types of personal protective equipment (PPE), outlined below. While this rule remains in effect, and subject to certain exemptions stated below, no shipments of such designated materials may leave the United States without explicit approval by FEMA. DATES: Effective date: This rule is effective from April 7, 2020 until August 10, 2020. ADDRESSES: You may review the docket by searching for Docket ID FEMA–2020– 0018, via the Federal eRulemaking Portal: https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Daniel McMasters, Office of Policy and Program Analysis, 202–709–0661, FEMA-DPA@fema.dhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background A. The Current COVID–19 Pandemic COVID–19 is a communicable disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV–2), that was first identified as the cause of an outbreak of respiratory illness that began in Wuhan, Hubei Province, People’s Republic of China. The virus is thought to be transmitted primarily by person-to-person contact through respiratory droplets produced when an infected person coughs, sneezes, or talks. Some recent studies have suggested that COVID–19 may be spread by people who are not showing symptoms. It also may be possible that a person can get COVID–19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes. Older PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 20195 adults and people of all ages with underlying medical conditions, particularly if not well controlled, are at higher risk for more serious COVID–19 illness.1 On January 30, 2020, the DirectorGeneral of the World Health Organization (WHO) declared that the outbreak of COVID–19 is a Public Health Emergency of International Concern under the International Health Regulations.2 The following day, the Secretary of Health and Human Services (HHS) declared COVID–19 a public health emergency under Section 319 of the Public Health Service (PHS) Act.3 On March 11, 2020, the WHO declared COVID–19 a pandemic. On March 13, 2020, the President issued a Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak under sections 201 and 301 of the National Emergencies Act, 50 U.S.C. 1601 et seq., and consistent with section 1135 of the Social Security Act, 42 U.S.C. 1320b–5.4 On March 13, 2020, the President declared a nationwide emergency under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, authorizing FEMA to provide assistance for emergency protective measures to respond to the COVID–19 pandemic.5 As of April 7, 2020, there were over 333,000 cases of COVID–19 in the United States, resulting in over 9,500 deaths due to the disease, with new cases being reported daily. Worldwide, there have been over 1.28 million confirmed cases, resulting in over 72,600 deaths.6 At this time, there is no vaccine that can prevent infection with COVID–19, nor is there currently any FDA-approved post-exposure 1 Information obtained from https:// www.coronavirus.gov (accessed April 2, 2020). 2 Statement on the second meeting of the International Health Regulations (2005) Emergency Committee regarding the outbreak of novel coronavirus (2019-nCoV) (January 30, 2020), available at https://www.who.int/news-room/detail/ 30-01-2020-statement-on-the-second-meeting-ofthe-international-health-regulations-(2005)emergency-committee-regarding-the-outbreak-ofnovel-coronavirus-(2019-ncov). 3 HHS, ‘‘Determination that a Public Health Emergency Exists,’’ available at https:// www.phe.gov/emergency/news/healthactions/phe/ Pages/2019-nCoV.aspx (Jan. 31, 2020). 4 ‘‘Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak,’’ March 13, 2020, available at https://www.whitehouse.gov/ presidential-actions/proclamation-declaringnational-emergency-concerning-novel-coronavirusdisease-covid-19-outbreak/. 5 COVID–19 Emergency Declaration available at https://www.fema.gov/news-release/2020/03/13/ covid-19-emergency-declaration (accessed April 6, 2020). 6 Information obtained from https://www.who.int/ (accessed April 7, 2020). E:\FR\FM\10APR1.SGM 10APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Pages 20187-20195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06896]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R06-RCRA-2016-0549; FRL-10004-22-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: Final rule and response to comments.

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SUMMARY: In this rule, the Environmental Protection Agency (EPA) is 
approving state-initiated changes and incorporation by reference of the 
State of Texas hazardous waste program under the Resource Conservation 
and Recovery Act. The EPA also addresses comments it received after 
issuing two proposed rules on the Texas revisions. EPA is confirming 
the program revisions to the State of Texas hazardous waste program 
satisfy all requirements needed to qualify for final authorization. No 
further opportunity for comment will be provided. This final rule also 
codifies and incorporates by reference the authorized provisions of the 
Texas statutes and regulations in the Code of Federal Regulations.

DATES: This final rule is effective April 10, 2020. The incorporation 
by reference of authorized provisions in the Texas statutes and 
regulations contained in this rule is approved by the Director of the 
Federal Register as of April 10, 2020, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-RCRA-2016-0549. All documents in the docket are 
listed in www.regulations.gov index. Although listed in the index, some 
of the information is not publicly available. e.g., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically through 
www.regulations.gov or in hard copy. You can view and copy the 
documents that form the basis for the codification and associated 
publicly available materials from 8:30 a.m. to 4:00 p.m., Monday 
through Friday, at the following location: EPA Region 6, 1201 Elm 
Street, Suite 500, Dallas, Texas, 75270, phone number (214) 665-8533. 
Interested persons wanting to examine these documents should make an 
appointment with the office.

FOR FURTHER INFORMATION CONTACT:  Alima Patterson, Region 6, Regional 
Authorization/Codification Coordinator, Permit Section (LCR-RP), Land, 
Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm Street, 
Suite 500, Dallas, Texas 75270, and Email address 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. What were the comments and responses to EPA's proposal?

    During the initial public comment period that ended on November 23, 
2018, EPA received comments from three sources regarding EPA's proposal 
to (1) authorize State-initiated changes to Texas' hazardous waste 
regulations in accordance with 40 CFR part 271 and (2) codify in 40 CFR 
part 272, the prior approval of Texas' hazardous waste management 
program and incorporate by reference authorized provisions of the 
State's statutes and regulations. For the public comment period ending 
August 9, 2019, EPA received one comment from one of the initial 
commenters which reiterated concerns about the Texas authorized 
program. The full set of comments can be found in the docket for this 
action.

[[Page 20188]]

    In accordance with 40 CFR parts 271 and 272, EPA provides the 
following responses to comments regarding the authorization and 
codification of Texas' hazardous waste program under RCRA subtitle C:
    One commenter made a reference to a previous Texas authorization 
Federal Register notice published on September 3, 2014 (79 FR 52220; 
EPA-R06-RCRA-2013-0624-0003) in which the commenter raised an issue 
about Texas' land disposal restrictions (LDR) requirements. In an 
initial comment received on November 19, 2018 for the October 24, 2018 
Proposed Rule, the commenter asserted that EPA does not address public 
comments that oppose a State's authorization and requested a ``complete 
top-to-bottom review'' of Texas' RCRA program, starting with the Texas 
land disposal restrictions and the hazardous fluorescent lamp programs 
to ensure that the State's program is no less stringent than the 
Federal law and regulations. This same commenter reiterated the same 
concerns in a comment submitted during the extended public comment 
period that ended on August 9, 2019. EPA responds to this comment as 
follows:
    The commenter's assertion that EPA does not address public comments 
that oppose a State's authorization is incorrect. The EPA does address 
adverse comments that pertain to specific final rules for which a State 
is seeking authorization. In the case of the September 3, 2014 Federal 
Register notice, the Texas authorization did not pertain to the LDR 
program and therefore the comment about LDR was not relevant to the 
action addressed in that authorization notice. See www.regulations.gov 
for the response to the comment posted on September 15, 2014. With 
respect to the hazardous waste lamp rule, as introduced into the 
Federal regulations on July 6, 1999 (64 FR 36466), EPA reviewed Texas 
regulations for those provisions and determined that they were 
equivalent to the Federal requirements and authorized the State for the 
lamp requirements (70 FR 34371, June 14, 2005). EPA can only address 
the comments and take action on the specific set of rules which are 
identified in the current rulemaking. Prior rulemakings should be 
challenged at the time they are proposed and finalized. If they are not 
challenged in a timely manner, the concept of final agency action under 
the Administrative Procedure Act (See 5 U.S.C. Sec.704) would be 
undermined. In order to adequately address the concerns of this 
anonymous commenter, EPA recommends that the commenter contact EPA 
directly and send written documentation, outlining the specific reasons 
for their assessment and conclusions about the Texas authorized 
hazardous waste program. The information sent to EPA should provide 
supporting documentation and rationale for their evaluation of the 
Texas program or the commenter may contact the Region to discuss their 
concerns.
    A second set of comments were submitted by the Sierra Club which 
raised a number of issues related to: (1) EPA's proposed authorization 
of State-initiated changes to Title 30, Texas Administrative Code, 
sections 335.155(1) and 335.261(b)(15), analogous to 40 CFR 264.77(a) 
and 273.8(a)(2), respectively; (2) authorized Texas provisions and 
amendments to previously authorized provisions in the Texas 
regulations; and (3) limited explanation and information about 
accessing the agency's documents underlying the proposed action.
    In the first issue, the Sierra Club objected to EPA authorizing the 
State-initiated changes that EPA has deemed minor without the State 
submitting a formal application for EPA authorization or providing the 
citation of authority which explains the basis for the absence of a 
formal application. The Sierra Club further asserted that the formal 
application would have provided the associated public participation 
processes. EPA's response to this comment is discussed in Section B 
below.
    The second issue raised by the Sierra Club involved the 
documentation EPA provided in the proposed rule relative to the 
codification and incorporation by reference of the Texas authorized 
program. The Sierra Club acknowledged that in the proposed rule, EPA 
notified the public that there are some provisions of the Texas 
hazardous waste management program that are not part of the Federally 
authorized State program; such as State analogs to Federal provisions 
for which the State is not authorized, unauthorized amendments to 
previously authorized State provisions, new unauthorized State 
requirements and Federal rules for which Texas is authorized but which 
have since been vacated. See, 83 FR 53597, October 24, 2018. In 
addition, the Sierra Club emphasized that ``[S]imply noting that there 
are such unauthorized provisions in the Texas program and that they are 
not Federally enforceable falls short of EPA's legal obligations under 
RCRA.'' and ``if the Texas hazardous waste program contains any 
provision that is less stringent than the Federal requirements, it is 
unlawful and EPA must disapprove it until those provisions are 
corrected or eliminated.'' EPA responds to this comment as follows:
    As discussed in Section II.C of the proposed rule, the purpose of 
the codification of the Texas statutes and regulations under 40 CFR 
part 272 is to clarify which of the Texas provisions are included in 
the authorized and Federally enforceable program and for the public to 
be able to discern the status of Federally approved requirements of the 
Texas hazardous waste management program. The codification process that 
EPA follows requires the Agency to review the State's entire 
regulations in order to document the provisions that EPA has already 
authorized, and to identify all provisions and language in the State's 
regulations that EPA has not authorized. Such unauthorized State 
provisions may include (1) analogs to Federal provisions adopted by the 
State; (2) State-only provisions with no Federal analogs; (3) 
amendments to previously authorized provisions; or (4) Federal 
provisions adopted by the State but which have since been vacated by a 
Court at the Federal level. The process allows EPA to identify 
regulatory and statutory deficiencies in the State's authorized program 
and to require the State to make corrections and amendments to the 
State regulations and statutes to be at least equivalent and consistent 
and not less stringent than the Federal program. The State is then 
required to submit a program revision application to EPA for review and 
approval. While the State is addressing those issues, EPA proceeds with 
the codification of the State's authorized program and makes it clear 
to the public in the codification Federal Register document which State 
provisions are not part of the authorized program.
    In the case of the Comparable Fuels Exclusions (63 FR 33782, 6/19/
98) and the Hazardous Waste Gasification Exclusion (73 FR 57 1/2/08) 
for which Texas was previously authorized, but 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), the EPA is clarifying in this final rule, that the Texas 
provisions are no longer part of the State's authorized program. The 
effect of the vacaturs on all States, including Texas, is that the 
previously authorized comparable fuels and gasification rules from the 
State program are no longer to be considered part of the Federally 
authorized program. Thus, EPA may bring enforcement actions under RCRA 
Section 3008 at facilities that do not

[[Page 20189]]

comply with the RCRA hazardous waste regulations.
    EPA has been working with the State of Texas to make the necessary 
corrections to its regulations and to submit an application to EPA for 
review. In the Binder entitled ``EPA-Approved Texas Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program,'' dated December 2015 (the Binder) that is incorporated by 
reference, EPA crosses out all provisions and language that EPA has 
determined are not part of the State's authorized requirements. The 
``Addendum to the EPA Approved Texas Regulatory Requirements Applicable 
to the Hazardous Waste Management Program'' (the Addendum) includes the 
actual State regulatory text authorized by the EPA for the citations 
listed at 272.2201(c)(4).
    Finally, the commenters indicated that EPA did not make available 
in the e-docket at www.regulations.gov all supporting documents for 
EPA's proposed authorization and codification of the Texas hazardous 
waste management program. With the publication of the August 9, 2019 
Federal Register notice that extended the public comment period for 30 
days, EPA provided all supporting documents at www.regulations.gov. 
Copies of both the Binder and the Addendum were also made available to 
the public in the e-docket at www.regulations.gov.

B. What State-initiated changes is EPA authorizing with this action?

    The Sierra Club objected to EPA authorizing the State-initiated 
changes that EPA has deemed minor without the State submitting a formal 
application for EPA authorization or providing the citation of 
authority which explains the basis for the absence of a formal 
application. The Sierra Club further asserted that the formal 
application would have provided the associated public participation 
processes. EPA responds to this comment as follows:
    According to 40 CFR 271.21 Procedures for revision of State 
Programs--40 CFR 271.21(a) provides, ``Either EPA or the approved State 
may initiate program revision.'' Further, 40 CFR 271.21(b)(1) states 
``The State shall submit a modified program description, . . . , or 
such other documents as EPA determines to be necessary under the 
circumstances.'' Under the circumstances of these revisions EPA has 
determined that the only documents deemed necessary are the Texas RCRA 
statutes and regulations. We determined this because State-initiated 
changes addressed in the proposed rule were corrections to technical 
errors in the State's regulations that did not impact substance of the 
State's authorized hazardous waste management program. Specifically, 
Texas amended 335.155(1) [analog to 40 CFR 264.77(a)] to correct an 
error in the internal reference by replacing ``264.56(j)'' with 
``264.56(i). Texas also amended 335.261(b)(15) [analog to 40 CFR 
264.77(a) and 273.8(a)(2)] to provide correct references to 40 CFR 
273.8(a)(2) and 261.5. EPA deemed these corrections to be of a such a 
non-substantive/minor nature that submission of additional material was 
not necessary. The State's laws and regulations, as amended by these 
provisions, provide authority which remains equivalent to, and no less 
stringent than the corresponding Federal laws and regulations.
    Based on EPA's responses to the comments received regarding the 
proposed authorization of the State-initiated changes, the EPA now 
makes a final decision that Texas' hazardous waste program revisions 
satisfy the requirements necessary to qualify for final authorization 
in accordance with 40 CFR 271.21(a). EPA will continue to implement and 
enforce Hazardous and Solid Waste Amendments of 1984 (HSWA) provisions 
for which the State is not authorized. EPA also retains its authority 
under RCRA sections 3007, 3008, 3013 and 7003 which include, among 
others, authority to: (1) Take enforcement actions regardless of 
whether the State has taken its own action, (2) enforce RCRA 
requirements and suspend or revoke permits; and (3) perform 
inspections, and require monitoring, tests, analyses or reports.

C. Amendments to 40 CFR 272.2201

    In this final action, the EPA is incorporating by reference the 
Texas authorized hazardous waste program in subpart SS of 40 CFR part 
272. Section 272.2201(c)(1) incorporates by reference Texas' authorized 
hazardous waste statutes and regulations. Section 272.2201 also 
references material which is not being incorporated by reference, but 
which the EPA considered in determining the adequacy of Texas' program. 
Section 272.2201(c)(2) references sections of the Texas statutes which 
provide the legal basis for the State's implementation of the hazardous 
waste management program. In addition, Sec. Sec.  272.2201(c)(6), (7), 
and (8) reference the Memorandum of Agreement, the Attorney General's 
Statements, and the Program Description, respectively. These documents 
are evaluated as part of the approval process of the hazardous waste 
management program in accordance with subtitle C of RCRA but are not 
part of the material to be incorporated by reference.
    State provisions that are ``broader in scope'' than the Federal 
program are not incorporated by reference in 40 CFR part 272. For 
reference and clarity, the EPA lists in 40 CFR 272.2201(c)(3) the Texas 
statutory and regulatory provisions that are ``broader in scope'' than 
the Federal program, and which are not part of the authorized program 
being incorporated by reference. While ``broader in scope'' provisions 
are not part of the authorized program and cannot be enforced by the 
EPA, the State may enforce such provisions under State law. At 40 CFR 
272.2201(c)(4) and (5), EPA lists amendments to Texas regulations and 
Federal rules which are not part of the Texas authorized program.
    The October 24, 2018 proposed rule provides details about the 
effect of Texas's codification on enforcement (See, Section III.D, 83 
FR 53597) and on Federal requirements promulgated under the Hazardous 
and Solid Waste Amendments of 1984 (HSWA) (See Section III.F, 83 FR 
53598).

1. Incorporation by Reference

    In the Federal Register document published on October 24, 2018 (83 
FR 53595), the EPA also proposed to codify the EPA's authorization of 
Texas' base hazardous waste management program and the State's 
revisions to that program. In this action, the EPA is finalizing 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, the EPA is finalizing the 
incorporation by reference of the Texas authorized hazardous waste 
statutes and regulations described in the amendments to 40 CFR 272.2201 
set forth below. The EPA has made, and will continue to make, these 
materials generally available electronically through https://www.regulations.gov and in hard copy at the appropriate EPA office (see 
the ADDRESSES section of this preamble for more information).

2. Correction and Clarification

    In this final rule, the EPA is making corrections and clarifying 
the language in 40 CFR 272.2201(c)(5) and the associated Table. The 
Table includes an incorrect entry for Withdrawal of the Emission 
Comparable Fuel Exclusion under RCRA (Checklist 224--amendments to 40 
CFR 261.4(a)(16) and 261.38) (75 FR 33712, June 15, 2010). Texas 
adopted and was authorized for the Comparable Fuel exclusion as 
introduced by the Hazardous Waste Combustors Revised Standards final 
(63

[[Page 20190]]

FR 33782, June 19, 1998 (Revision Checklist 168); however, the State 
did not adopt, and was not authorized for the amendment to the 
Comparable Fuel exclusion published on June 15, 2010. Thus, EPA is 
correcting the Sec.  272.2201(c)(5) Table to remove the third entry 
regarding the June 15, 2010 final rule (Revision Checklist 224). The 
EPA is also adding language to Sec.  272.2201(c)(5) to clarify that EPA 
may bring enforcement action under RCRA section 3008 at facilities that 
do not comply with the terms of the court vacaturs. The EPA is also 
correcting a typographical error in the entry for Checklist 224 in the 
Sec.  272.2201(c)(4)(iv) Table by replacing the Federal Register 
reference ``73 FR 33712'' with ``75 FR 33712.''

D. Administrative Requirements

    This final action authorizes and codifies State requirements for 
the purpose of RCRA section 3006 and imposes no additional requirements 
beyond those imposed by State law. For further information on how this 
authorization and codification comply with applicable executive orders 
and statutory provisions, please see the proposed rule published in the 
Federal Register (83 FR 53595, October 24, 2018).
    The Congressional Review Act, 5 U.S.C. 801--808, generally provides 
that before a rule may take effect, the agency promulgating the rule 
must submit a rule report, which includes a copy of the rule to each 
House of the Congress and to the Comptroller General of the United 
States. The EPA will submit a report containing this document and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action will be effective April 10, 2020.

List of Subjects in 40 CFR Part 272

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

    Authority: This rule is issued under the authority of Section 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926,697(b).

    Dated: March 25, 2020.
Kenley McQueen,
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 40 CFR part 271 to the State of Texas for State-
initiated 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) History of the State of Texas authorization. Pursuant to 
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Texas final 
authorization for the following elements as submitted to EPA in Texas' 
Base program application for final authorization which was approved by 
EPA effective on December 26, 1984. Subsequent program revision 
applications were approved effective on October 4, 1985, February 17, 
1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4, 
1992, June 27, 1994, November 26, 1997, December 3, 1997, October 18, 
1999, November 15, 1999, September 11, 2000, June 14, 2005, December 
29, 2008, July 13, 2009, May 6, 2011, May 7, 2012, January 9, 2013, 
November 3, 2014, December 21, 2015, February 26, 2016, and April 10, 
2020.
    (b) Enforcement authority. 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) Incorporation by reference. 
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. 
You may obtain copies of the Texas statutes and regulations that are 
incorporated by reference in this paragraph from Thomson Reuters, 610 
Opperman Drive, Eagan, MN 55123; Phone: 1-888-728-7677; website: https://legalsolutions.thomsonreuters.com. You may inspect a copy at EPA 
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, Phone 
number: (214) 665-8533, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) ``EPA-Approved Texas Statutory and Regulatory Requirements 
Applicable to the Hazardous Waste Management Program'', dated December 
2015.
    (ii) [Reserved]
    (2) Legal basis. 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 2015 Cumulative Annual Pocket Part, effective 
September 1, 2015); Chapter 361, The Texas Solid Waste Disposal Act 
(TSWDA), 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 (2015 Cumulative Annual Pocket Part), 
361.090, 361.095(b) through (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 (2015 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 Used Oil

[[Page 20191]]

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), as amended effective September 1, 
2015: 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, 2015, 
section 311.027.
    (iv) Texas Rules of Civil Procedure, as amended effective September 
1, 2015, Rule 60.
    (v) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2015, as amended, effective through December 31, 2014:
    (A) 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;
    (B) Chapter 50, sections 50.13, 50.19, 50.39, 50.113 (except (d)), 
50.117(f), 50.119, 50.133, and 50.139;
    (C) 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)--(g)), 55.201 
(except as applicable to contested case hearings), and 55.211 (except 
as applicable to contested case hearings);
    (D) Chapter 70, section 70.10;
    (E) 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)'' and the phrases ``subsurface 
area drip dispersal systems'' and ``radioactive material'' in the 
introductory paragraph), 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 thirty 
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 ``and 32'' and the phrase ``and the Texas 
Radiation Control Act.''), 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;
    (F) 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 32'' and ``and 401''), 
305.125(1) and (3), 305.125(20), 305.127(1)(B)(i), 305.127(4)(A) and 
(C), 305.127 (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
    (G) Chapter 335, sections 335.2(b), 335.43(b), 335.206, 335.391 
through 335.393.
    (3) Related legal provisions. 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 (TSWDA), sections 
361.131 through 361.140; Chapter 371, Texas Used Oil Collection, 
Management, and Recycling Act, sections 371.021, 371.022, 371.024(e), 
371.0245, 371.0246, 371.025, and 371.026(c).
    (ii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2015, as amended, effective through December 31, 2014: Chapter 
305, sections 305.53, 305.64(b)(4), and 305.69(b)(1)(A) (as it relates 
to the Application Fee); Chapter 335, sections 335.321 through 335.332, 
Appendices I and II, and 335.401 through 335.412.
    (4) Unauthorized State amendments and provisions. (i) The following 
authorized provisions of the Texas regulations include amendments 
published in the Texas Register that are not approved by EPA. Such 
unauthorized amendments are not part of the State's authorized program 
and are, therefore, not Federally enforceable. Thus, notwithstanding 
the language in the Texas hazardous waste regulations incorporated by 
reference at paragraph (c)(1)(i) of this section, EPA will enforce the 
State provisions that are actually authorized by EPA. The effective 
dates of the State's authorized provisions are listed in the Table 
below. The actual State regulatory text authorized by EPA (i.e., 
without the unauthorized amendments) is available as a separate 
document, Addendum to the EPA-Approved Texas Regulatory and Statutory 
Requirements Applicable to the Hazardous Waste Management Program, 
December, 2015. Copies of the document can be obtained from EPA Region 
6, 1201 Elm Street, Suite 500, Dallas, Texas 75270.

                                         Table 1 to Paragraph (c)(4)(i)
----------------------------------------------------------------------------------------------------------------
                                          Effective date               Unauthorized State amendments
   State provision (December 31, 2014)     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

[[Page 20192]]

 
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 following table. 
The EPA will continue to implement the Federal HSWA requirements for 
which Texas is not authorized until the State receives specific 
authorization for those requirements. The EPA will not enforce the non-
HSWA Federal rules although they may be enforceable under State law. 
For those Federal rules that contain both HSWA and non-HSWA 
requirements, the EPA will enforce only the HSWA portions of the rules.

                                         Table 2 to Paragraph (c)(4)(ii)
----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Clarification of Standards for           62 FR 64504.......................  December 5, 1997.
 Hazardous Waste LDR Treatment
 Variances (HSWA) (Checklist 162).
Organobromine Production Wastes;         64 FR 36365.......................  June 8, 2000.
 Petroleum Refining Wastes;
 Identification and Listing of
 Hazardous Waste; Land Disposal
 Restrictions (HSWA) (Checklist 187).
Zinc Fertilizers Made from Recycled      67 FR 48393.......................  July 24, 2002.
 Hazardous Secondary Materials (HSWA
 and Non-HSWA) (Checklist 200).
----------------------------------------------------------------------------------------------------------------

    (iii) The Federal rules listed in the table below are not delegable 
to States. Texas has adopted these provisions and left the authority to 
the EPA for implementation and enforcement.

                                        Table 3 to Paragraph (c)(4)(iii)
----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:  61 FR 16290.......................  April 12, 1996.
 Implementation of OECD Council
 Decision (HSWA) (Checklist 152).
OECD Requirements; Export Shipments of   75 FR 1236........................  January 8, 2010.
 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:

                                         Table 4 to Paragraph (c)(4)(iv)
----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
NESHAPS Second Technical Correction,     66 FR 24270.......................  May 14, 2001.
 Vacatur (Non-HSWA) (Checklist Rule
 188.1).
Storage, Treatment, Transportation and   66 FR 27218.......................  May 16, 2001.
 Disposal of Mixed Waste (Non-HSWA)
 (Checklist 191).
Inorganic Chemical Manufacturing Waste   67 FR 17119.......................  April 9, 2002.
 Identification and Listing (HSWA/Non-
 HSWA) (Checklist Rule 195.1).
Land Disposal Restrictions: National     67 FR 62618.......................  October 7, 2002.
 Treatment Variance to Designate New
 Treatment Subcategories for
 Radioactively Contaminated Cadmium,
 Mercury-Containing Batteries and
 Silver-Containing Batteries (HSWA)
 (Checklist 201).

[[Page 20193]]

 
NESHAP: Surface Coating of Automobiles   69 FR 22601.......................  April 26, 2004.
 and Light-Duty Trucks (Non-HSWA)
 (Checklist 205).
Revisions to the Definition of Solid     73 FR 64668.......................  October 30, 2008.
 Waste (Non-HSWA) (Checklist 219).
Expansion of RCRA Comparable Fuel        73 FR 77954.......................  December 19, 2008.
 Exclusion (Non-HSWA) (Checklist 221).
Withdrawal of the Emission Comparable    75 FR 33712.......................  June 15, 2010.
 Fuel Exclusion (Non-HSWA) (Checklist
 224).
Removal of Saccharin and Its Salts from  75 FR 78918.......................  December 17, 2010.
 the Lists of Hazardous Constituents
 (Non-HSWA) (Checklist Rule 225).
----------------------------------------------------------------------------------------------------------------

    (5) Vacated Federal rules. Texas adopted and was authorized for the 
Federal rules listed in the Table below 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). The effect 
of the vacaturs on Texas is that the previously authorized comparable 
fuels and gasification rules from the State program are no longer be 
considered part of the Federally authorized program. Thus, EPA may 
bring enforcement actions under RCRA Section 3008 at facilities that do 
not comply with the RCRA hazardous waste regulations.

                                           Table 5 to Paragraph (c)(5)
----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Combustors; Revised      63 FR 33782.......................  June 19, 1998.
 Standards (HSWA) (Checklist 168--40
 CFR 261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary       73 FR 57..........................  January 2, 2008.
 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)).
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the State of Texas was 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. The 2012 Memorandum of Agreement was re-certified by the 
Executive Director of the TCEQ on March 26, 2015, and the EPA Regional 
Administrator on September 30, 2015, and 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, February 12, 2013, and 
June 10, 2016] 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. Amend Appendix A to part 272 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), (19), (27), (35), and (39)), 361.019(a), 361.0235, 
361.066(a), 361.082(a) and (f), 361.086, 361.087, 361.0871(a), 361.094, 
361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas Used 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 Thomson Reuters, 610 Opperman Drive, Eagan, MN 55123; 
Phone: 1-888-728-7677; website: https://legalsolutions.thomsonreuters.com.
    The regulatory provisions include:
    Texas Administrative Code (TAC), Title 30, Environmental Quality, 
2015, as amended, effective through December 31, 2014, and where 
indicated, amendments effective January 8, 2015, as published in the 
Texas Register on January 2, 2015 (40 TexReg 77); based on the proposed 
rule published August 22, 2014 (39 TexReg 6376). 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, December 31, 2001, or December 31, 
2012. 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 effective December 31, 2014, 
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 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, 37.601 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 THSC 
sections 401.003 and 401.004, 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), (40), (41), and (42); 305.3;

[[Page 20194]]

    Chapter 305, Subchapter C--Application for Permit or Post-Closure 
Order, 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 
through (a)(3) (except the last two sentences in 305.50(a)(2)); 
305.50(a)(4) (December 31, 2012); 305.50(a)(5) through (a)(8); 
305.50(a)(13) through (a)(16); 305.50(b); 305.51;
    Chapter 305, Subchapter D--Amendments, Renewals, Transfers, 
Corrections, Revocation, 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 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) through (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) and (e); 305.64(g); 305.65; 305.66(a) 
(except (a)(7) through (a)(9)); 305.66(d); 305.67(a) and (b); 
305.69(a); 305.69(b) (except the phrases ``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)(7)); 305.69(e) through (h); 305.69(i)(3) and 
(i)(4); 305.69(j); 305.69(k) (except (k) A.8 through A.10);
    Chapter 305, Subchapter F--Permit Characteristics and Conditions, 
Sections 305.121 (except the phrases ``radioactive material disposal'' 
and ``subsurface area drip dispersal systems''); 305.122 (except (e)); 
305.124; 305.125 introductory paragraph; 305.125(2) and (4); 305.125(5) 
(except the second sentence); 305.125(6) through (8); 305.125(9) 
(except (9)(C)); 305.125(10) (except the phrases ``and 32'' and ``and 
401.603''); 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) through (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 305.176;
    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, Subchapter A--Used Oil Recycling, Sections 324.1; 
324.2 (except 324.2(2)); 324.3 (except 324.3(5)); 324.4; 324.6; 324.7; 
324.11 through 324.16; 324.21; 324.22(d)(3);
    Chapter 335, Subchapter A--Industrial Solid Waste and Municipal 
Hazardous Waste in General, Sections 335.1 introductory paragraph 
through (4), (6) through (12), (16) through (19), (23), (24), (26) 
through (30), (33), (35) through (38), (40) through (47), (48) (except 
for the phrase ``or is used for neutralizing the pH of non-hazardous 
industrial solid waste''), (49), (50), (51), (53) through (58), (60) 
through (64), (66), (67), (70) through (79), (81) through (115) (except 
the phrase ``solid waste or'' at (89), (91), (92), (94), (95), and 
(100)), (117) (except the phrase ``solid waste or''), (118), (119), 
(123) through (128) (except the phrase ``solid waste or'' at (124)), 
(130), (132) through (136), (138) through (140)(A)(iii), (140)(A)(iv) 
introductory paragraph (except the last sentence), (140)(B) through (G) 
(except the phrase ``Except for materials described in subparagraph (H) 
of this paragraph.'' at (D) and (G) introductory paragraphs),), 
(140)(I) and (J), (141), (142), (144) through (154) (except the phrase 
``solid waste or'' at (147), (150) and (152)), (155) through (159) 
(except the phrase ``or industrial solid'' at (155), (158), and (159)), 
(161) through (170) (except the phrase ``solid waste or'' at (164)), 
(171) (except the phrase ``or industrial solid'' at (171)(B)), (172) 
through (174), and (175) (except the phrase ``solid waste or'') (40 
TexReg 77, effective January 8, 2015); 335.2 (except (b), (d), (h), (k) 
and (n)); 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) and (g); 335.6(h) (except the 
third sentence); 335.6(i) and (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); 335.11(a); 335.12(a); 
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) (except two references to ``Class 1 Waste'' at 
introductory paragraph); 335.17(a); 335.18(a); 335.19 (except 
335.19(d)); 335.20 through 335.23(1); 335.23(2) (January 1, 1994); 
335.24(a) through (f); 335.24(m) and (n); 335.29 through 335.31;
    Chapter 335, Subchapter B--Hazardous Waste Management General 
Provisions, Sections 335.41(a) through (c); 335.41(d) introductory 
paragraph and (d)(2) through (d)(4); 335.41(d)(1) (December 31, 2001); 
335.41(e) through (j); 335.43(a); 335.44; 335.45; 335.47 (except (b) 
and second sentence in (c)(3)); 335.47(b) (December 31, 1999);
    Chapter 335, Subchapter C--Standards Applicable to Generators of 
Hazardous Waste, Sections 335.61 (except (f)); 335.62; 335.63; 335.65 
through 335.68; 335.69 (except ``and (n)'' in (a) introductory 
paragraph, (i), and (n)); 335.70; 335.71; 335.73 through 335.75; 335.76 
(except (h)); 335.77; 335.78(a); 335.78(b) (January 1, 1997); 
335.78(c); 335.78(d) (except (d)(2)); 335.78(e) introductory paragraph 
(January 1, 1997); 335.78(e)(1) and (2); 335.78(f) (except 
335.78(f)(2)); 335.78(f)(2) (January 1, 1997); 335.78(g) (except 
(g)(2)); 335.78(g)(2) (January 1, 1997); 335.78(h) through (j); 335.79;
    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;
    Chapter 335, Subchapter E--Interim Standards for Owners and 
Operators of Hazardous Waste Treatment, Storage, or Disposal 
Facilities, Sections 335.111; 335.112 (except (a)(17)); 335.113; 
335.115 through 335.128;
    Chapter 335, Subchapter F--Permitting Standards for Owners and 
Operators of Hazardous Waste Treatment, Storage, or Disposal 
Facilities, Sections 335.151 through

[[Page 20195]]

335.153; 335.155 (except 335.155(1)); 335.155(1) (40 TexReg 77, 
effective January 8, 2015 (August 22, 2014 proposed rule (39 TexReg 
6376))); 335.156 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) 
through (11), (13), and (15) through (18); 335.203; 335.204(a) 
introductory paragraph through (a)(5); 335.204(b)(1) through (6); 
335.204(c)(1) through (5); 335.204(d)(1) through (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) through (e)(7); 
335.204(f); 335.205(a) introductory paragraph through (a)(2) and (e);
    Chapter 335, Subchapter H--Standards for the Management of Specific 
Wastes and Specific Types of Facilities, Sections 335.211(a) (40 TexReg 
77, effective January 8, 2015); 335.211(b) and (c); 335.212 through 
335.214; 335.221 through 335.225; 335.241(except (b)(4)); 335.251; 
335.261 (except (b) introductory paragraph, (b)(6), (b)(15) and (e)); 
335.261(b) introductory paragraph, (b)(6), and (b)(15) (40 TexReg 77, 
effective January 8, 2015 (August 22, 2014 proposed rule (39 TexReg 
6376))); 335.271; 335.272;
    Chapter 335, Subchapter O--Land Disposal Restrictions, Section 
335.431 (except (c)(1); 335.431(c)(1) (39 TexReg 6376, effective August 
22, 2014 (August 22, 2014 proposed rule (39 TexReg 6376)));
    Chapter 335, Subchapter R--Waste Classification, Sections 335.504 
(except 335.504(1)); 335.504(1) (40 TexReg 77, effective January 8, 
2015 (August 22, 2014 proposed rule (39 TexReg 6376)));
    Chapter 335, 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 Thomson Reuters, 610 Opperman Drive, Eagan, MN 
55123; Phone: 1-888-728-7677; website: https://legalsolutions.thomsonreuters.com.
* * * * *
[FR Doc. 2020-06896 Filed 4-9-20; 8:45 am]
 BILLING CODE 6560-50-P

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