80 FR 80672 - Texas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 248 (December 28, 2015)

During a review of Texas' regulations, the Environmental Protection Agency (EPA) identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this direct Final action. In addition, this document corrects technical errors made in the September 3, 2014, Federal Register authorization document for Texas. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Texas' hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.

[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Rules and Regulations]
[Pages 80672-80682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31881]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2015-0110; FRL-9939-51-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: During a review of Texas' regulations, the Environmental 
Protection Agency (EPA) identified a variety of State-initiated changes 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). We have determined that these changes are minor 
and satisfy all requirements needed to qualify for Final authorization 
and are authorizing the State-initiated changes through this direct 
Final action. In addition, this document corrects technical errors made 
in the September 3, 2014, Federal Register authorization document for 
Texas.
    The Solid Waste Disposal Act, as amended, commonly referred to as 
the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the Federal 
program. The EPA uses the regulations entitled ``Approved State 
Hazardous Waste Management Programs'' to provide notice of the 
authorization status of State programs and to incorporate by reference 
those provisions of the State statutes and regulations that will be 
subject to the EPA's inspection and enforcement. The rule codifies in 
the regulations the prior approval of Texas' hazardous waste management 
program and incorporates by reference authorized provisions of the 
State's statutes and regulations.

DATES: This regulation is effective February 26, 2016, unless the EPA 
receives adverse written comment on this regulation by the close of 
business January 27, 2016. If the EPA receives such comments, it will 
publish a timely

[[Page 80673]]

withdrawal of this direct final rule in the Federal Register informing 
the public that this rule will not take effect. The Director of the 
Federal Register approves this incorporation by reference as of 
February 26, 2016 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2 Email: [email protected] or [email protected].
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, or Julia Banks, Codification Coordinator, State/Tribal 
Oversight Section (6PD-O), Multimedia Planning and Permitting Division, 
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, or Julia 
Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-
O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be 
Confidential Business Information (CBI) or otherwise protected through 
http://www.regulations.gov, or email. The Federal http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses. (For additional information about the EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.)
    You can view and copy the documents that form the basis for this 
authorization and codification and associated publicly available 
materials from 8:30 a.m. to 4 p.m., Monday through Friday, at the 
following location: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, phone number: (214) 665-8533 or (214) 665-8178. Interested 
persons wanting to examine these documents should make an appointment 
with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional 
Authorization Coordinator, or Julia Banks, Codification Coordinator, 
State/Tribal Oversight Section (6PD-O), Multimedia Planning and 
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, Phone number: (214) 665-8533 or (214) 665-8178, and Email 
address: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

    States which have received Final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. As the Federal 
program changes, the States must change their programs and ask the EPA 
to authorize the changes. Changes to State hazardous waste programs may 
be necessary when Federal or State statutory or regulatory authority is 
modified or when certain other changes occur. Most commonly, States 
must change their programs because of changes to the EPA's regulations 
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 
270, 273 and 279. States can also initiate their own changes to their 
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that Texas' revisions to its authorized program meet 
all of the statutory and regulatory requirements established by RCRA. 
We found that the State-initiated changes make Texas' rules more clear 
or conform more closely to the Federal equivalents, and are so minor in 
nature that a formal application is unnecessary. Therefore, we grant 
Texas final authorization to operate its hazardous waste program with 
the changes described in the table at Section G below. Texas has 
responsibility for permitting Treatment, Storage, and Disposal 
Facilities (TSDFs) within its borders (except in Indian Country) and 
for carrying out all authorized aspects of the RCRA program, subject to 
the limitations of the Hazardous and Solid Waste Amendments of 1984 
(HSWA). New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, the EPA will implement those requirements and 
prohibitions in Texas, including issuing permits, until the State is 
granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Texas, subject to 
RCRA, will now have to comply with the authorized State requirements, 
instead of the equivalent Federal requirements, in order to comply with 
RCRA. Texas has enforcement responsibilities under its State hazardous 
waste program for violations of such program, but the EPA retains its 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses, 
or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions, regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the statutes and regulations for which 
Texas is being authorized by this direct action are already effective 
and are not changed by this action.

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

    The EPA did not publish a proposal before this rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the Proposed Rules section of this Federal 
Register, we are publishing a separate document that proposes to 
authorize the State program changes.

E. What happens if EPA receives comments that oppose this action?

    If the EPA receives comments that oppose the authorization of the 
State-initiated changes in this codification document, we will withdraw 
this rule by publishing a timely document in the Federal Register 
before the rule

[[Page 80674]]

becomes effective. The EPA will base any further decision on the 
authorization of the State program changes on the proposal mentioned in 
the previous paragraph. We will then address all public comments in a 
later final rule. If you want to comment on this authorization, you 
must do so at this time. If we receive comments that oppose only the 
authorization of a particular change to the State hazardous waste 
program, we may withdraw only that part of this rule, but the 
authorization of the program changes that the comments do not oppose 
will become effective on the date specified above. The Federal Register 
withdrawal document will specify which part of the authorization of the 
State program will become effective and which part is being withdrawn.
    The purpose of this Federal Register document is to codify Texas' 
base hazardous waste management program and its revisions to that 
program. The EPA has already provided notices and opportunity for 
comments on the Agency's decisions to codify the Texas program, and the 
EPA is not now reopening the decisions, nor requesting comments, on the 
Texas authorization as published in the Federal Register notices 
specified in Section I.F. of this document.

F. For what has Texas previously been authorized?

    Texas initially received final authorization on December 26, 1984 
(49 FR 48300), to implement its Base Hazardous Waste Management 
Program. This authorization was clarified in a notice published March 
26, 1985 (50 FR 11858). Texas received authorization for revisions to 
its program, effective October 4, 1985 (51 FR 3952), February 17, 1987 
(51 FR 45320), March 15, 1990 (55 FR 7318), July 23, 1990 (55 FR 
21383), October 21, 1991 (56 FR 41626), December 4, 1992 (57 FR 45719), 
June 27, 1994 (59 FR 16987), June 27, 1994 (59 FR 17273), November 26, 
1997 (62 FR 47947), December 3, 1997 (62 FR 49163), October 18, 1999 
(64 FR 44836), November 15, 1999 (64 FR 49673), September 11, 2000 (65 
FR 43246), June 14, 2005 (70 FR 34371), December 29, 2008, (73 FR 
64252), July 13, 2009 (74 FR 22469), May 6, 2011 (76 FR 12283), May 7, 
2012 (77 FR 13200), January 9, 2013 (77 FR 71344) and November 3, 2014 
(79 FR 52220).

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table 
which follows. These amendments clarify the State's regulations, and 
make the State's regulations more internally consistent. The State's 
laws and regulations, as amended by these provisions, provide authority 
which remains equivalent to, no less stringent than, and not broader in 
scope than the Federal laws and regulations. These State-initiated 
changes satisfy the requirements of 40 CFR 271.21(a). We are granting 
Texas final authorization to carry out the following provisions of the 
State's program, in lieu of the Federal program. These provisions are 
analogous to the indicated RCRA regulations found at 40 CFR, as of July 
1, 2010. The Texas provisions are from the Texas Administrative Code 
(TAC), Title 30, amended to be effective February 21, 2013 (except as 
noted below).

------------------------------------------------------------------------
           State requirement              Analogous federal requirement
------------------------------------------------------------------------
30 TAC 305.64(g).......................  40 CFR 270.40(b).
30 TAC 305.69(d)(2)(A).................  40 CFR 270.42(c)(2)(i).
30 TAC 305.69(k), except A.8, A.9,       40 CFR 270.42, appendix I,
 A.10, A.11, B, D.3.g, H.6&7, J.7 & 8,    except A.8, B, C7, D.3.g, H,
 I.6, L.5, L.9, L.10, M, and N.           J, I.6, L.5, L.9, L.10, M, and
                                          N.
30 TAC 305.176.........................  40 CFR 270.235.
30 TAC 324.2 introductory paragraph....  40 CFR 279.1 related.
30 TAC 324.2(3)........................  40 CFR 279.1 related.
30 TAC 324.2(5)........................  40 CFR 279.1 related.
30 TAC 324.2(8)........................  40 CFR 279.1 related.
30 TAC 324.4...........................  40 CFR 279.12.
30 TAC 324.6...........................  40 CFR 279.20 through 279.24
                                          (subpart C).
30 TAC 324.7...........................  40 CFR 279.30 through 279.32
                                          (subpart D).
30 TAC 324.15..........................  40 CFR 279 related.
30 TAC 324.16..........................  40 CFR 279.11 Table 1, Note.
30 TAC 324.22(d)(3)....................  40 CFR 279 related.
30 TAC 335.1(59).......................  40 CFR 260.10 ``Facility''.
30 TAC 335.1(142)......................  40 CFR 124.2(a) ``Standardized
                                          permit''.
30 TAC 335.2(g)........................  40 CFR 261.4(e) and (f).
30 TAC 335.2(o) (December 31, 2012)....  40 CFR 270.255 related.
30 TAC 335.19(b).......................  40 CFR 260.31(b).
30 TAC 335.69(f)(4)(C).................  40 CFR 262.34(d)(4) related.
30 TAC 335.112(a)(14)..................  40 CFR 265.340-265.352 (subpart
                                          O).
30 TAC 335.112(b)(7)...................  40 CFR 265 related.
30 TAC 335.152(a)(9)...................  40 CFR 264.220-264.232 (subpart
                                          K), except 264.221 & 264.228.
30 TAC 335.152(c)(5) and (c)(6)          40 CFR 264 related.
 [December 31, 2012].
30 TAC 335.152(c)(7)...................  40 CFR 264 related.
30 TAC 335.168(c)......................  40 CFR 264.221(c).
30 TAC 335.170(c)......................  40 CFR 264.251(c).
------------------------------------------------------------------------

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and 
those permits issued by the EPA, because no new substantive 
requirements are a part of these revisions.

I. How does this action affect Indian Country (18 U.S.C. 1151) in 
Texas?

    Texas is not authorized to carry out its Hazardous Waste Program in 
Indian Country within the State. This authority remains with EPA. 
Therefore, this action has no effect in Indian Country.

II. Technical Corrections

    The following technical corrections are made to the September 3, 
2014, Texas authorization Federal Register document (79 FR 52220; 
effective November 3, 2014). There are two types of corrections being 
made. The first type includes additions or corrections to the

[[Page 80675]]

list of citations for checklist entries that were actually included in 
the published Federal Register document. These are presented in order 
of the entry number and associated checklist, followed by a brief 
description of the correction being made. The second type of correction 
is the addition of the checklist entry for the authorization of the 40 
CFR part 279 portions of the Corrections to Errors in the Code of 
Federal Regulations Rule (Checklist 214), a Federal rule which was 
inadvertently omitted from the original authorization table.
    1. For all the checklist entries, the word ``Chapter'' is corrected 
to read ``Section''.
    2. For Checklist 203, the following corrections should be made:
    a. The citation ``224.1'' is corrected to read ``324.1''.
    b. The citation ``324.3'' is corrected to read ``334.3 (except 
324.3(5))''.
    3. For Checklist 207, the following corrections should be made:
    a. The citation ``335.41(f)(2)(iii)'' is corrected to read 
``335.41(f)(2)(A)(iii)''.
    b. The citations ``335.69'' and 335.67'' are removed.
    4. For Checklist 208, the following corrections should be made:
    a. The text ``4 as amended'' is removed.
    b. The citations ``335.152(a)(17)(c)'', ``335.152(a)(21)'', 
``335.152(a)(9)'' and ``335.152(19)'' are removed.
    c. Add citation ``335.112(a)(9)'' before ``335.125(d)''.
    d. Add citation ``335.112(a)(19)--(a)(21)'' before 
``335.221(a)(1)''.
    e. Add citation ``324.3 (except 324.3(5))'' before ``324.11''.
    f. The citation ``305.172(2)(a)(iii)--(iv)'' is corrected to read 
``305.172(2)(A)(iii)--(iv)''.
    g. The language ``amended and effective February 21, 2013'' is 
corrected to read ``as amended January 29, 2013 and effective February 
21, 2013''.
    5. For Checklist 220, the following corrections should be made:
    a. The language ``335.61(i)'' and ``335.79, 335.61(i)(1)-(2), 
335.61(i)(2)'' is removed.
    6. For Checklist 222, the following corrections should be made:
    a. The citation ``335.11(e)'' is removed.
    b. The citations ``335.76(a), 335.76(f), 335.76(h)'' are removed.
    c. Add citation ``335.251(a) and 335.251(c)'' after 
``335.112(a)(1)''.
    d. The citation ``335.71(d)'' is removed.
    e. The citation ``335.112(a)(4)'' is corrected to read ``335.12''.
    f. Add the following text to the end of the Checklist 222 entry: 
``Note: While Texas has adopted the Federal changes addressed by this 
January 8, 2010 final rule, the State has appropriately left the 
authority with the EPA for the non-delegable export functions and is 
not being authorized to enforce these requirements in lieu of the 
EPA.''
    7. For Checklist 223, the following corrections should be made:
    a. The citation ``335.1(138(D)(iv)'' is corrected to read 
``335.1(138)(D)(iv) Table 1''.
    b. Add citation ``335.71'' after ``335.69(f)(4)(C)''.
    c. The citation ``335.69(f)(4)(C)'' is corrected to read 
``335.69(f)(4)(D)''.
    d. The citations ``335.10(a)'' and ``335.2(o)'' are removed.
    e. The citation ``324.94'' is corrected to read ``335.94(a)''.
    f. The citations ``335.12(e)'' and ``335.12(c)'' are removed.
    g. The duplicate citation ``335.211(b)'' after ``335.112(a)(3)'' is 
removed.
    h. The citation ``335.222(e)(1)(E)'' is corrected to read 
``335.222(c)(1)(E)''.
    8. For Checklist 226, the following correction should be made:
    a. Insert ``30'' before ``Texas Administrative Code''.
    9. Add the following new entry to the Table:

------------------------------------------------------------------------
                                   Federal Register
     Description of federal       date and page (and/   Analogous state
 requirement (include checklist    or RCRA statutory       authority
         #, if relevant)              authority)
------------------------------------------------------------------------
40 CFR part 279 portions of the   71 FR 40254--40280  Texas Water Code
 Corrections to Errors in the      July 14, 2006.      Annotated
 Code of Federal Regulations.                          Sections 5.103
 (Checklist 214).                                      and 5.105, Texas
                                                       Health & Safety
                                                       Code Annotated
                                                       Section 361.017
                                                       and 361.024; 30
                                                       Texas
                                                       Administrative
                                                       Code, Sections
                                                       324.1, 324.3
                                                       (except
                                                       324.3(5)),
                                                       324.11, 324.12,
                                                       324.13, and
                                                       324.14, as
                                                       amended January
                                                       29, 2013 and
                                                       effective
                                                       February 21,
                                                       2013.
------------------------------------------------------------------------

III. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the Code of Federal Regulations (CFR). Section 
3006(b) of RCRA, as amended, allows the Environmental Protection Agency 
(EPA) to authorize State hazardous waste management programs to operate 
in lieu of the Federal hazardous waste management regulatory program. 
The EPA codifies its authorization of State programs in 40 CFR part 
272, and incorporates by reference State statutes and regulations that 
the EPA will enforce under sections 3007 and 3008 of RCRA and any other 
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the 
CFR should substantially enhance the public's ability to discern the 
current status of the authorized State program and State requirements 
that can be Federally enforced. This effort provides clear notice to 
the public of the scope of the authorized program in each State.

B. What is the history of the codification of Texas' hazardous waste 
management program?

    The EPA incorporated by reference Texas' then authorized hazardous 
waste program effective December 3, 1997 (62 FR 49163), November 15, 
1999 (64 FR 49673), December 29, 2008 (73 FR 64252), May 6, 2011 (76 FR 
12283), and January 9, 2013 (77 FR 71344). In this document, EPA is 
revising Subpart SS of 40 CFR part 272 to include the recent 
authorization revision actions effective November 3, 2014 (79 FR 
52220).

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

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the Texas 
rules described in the amendments to 40 CFR part 272 set forth below. 
The EPA has made, and will continue to make, these documents available 
electronically through www.regulations.gov and in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).
    The purpose of this Federal Register document is to codify Texas' 
base hazardous waste management program

[[Page 80676]]

and its revisions to that program. This document incorporates by 
reference Texas' hazardous waste statutes and regulations, and 
clarifies which of these provisions are included in the authorized and 
Federally enforceable program. By codifying Texas' authorized program 
and by amending the Code of Federal Regulations, the public will be 
more easily able to discern the status of Federally approved 
requirements of the Texas hazardous waste management program.
    The EPA is incorporating by reference the Texas authorized 
hazardous waste program in subpart SS of 40 CFR part 272. Section 
272.2201 incorporates by reference Texas' authorized hazardous waste 
statutes and regulations. Section 272.2201 also references the 
statutory provisions (including procedural and enforcement provisions), 
which provide the legal basis for the State's implementation of the 
hazardous waste management program, the Memorandum of Agreement, the 
Attorney General's Statements and the Program Description, which are 
approved as part of the hazardous waste management program under 
Subtitle C of RCRA.

D. What is the effect of Texas' codification on enforcement?

    The EPA retains its authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions, and to issue orders in authorized States. With 
respect to these actions, the EPA will rely on Federal sanctions, 
Federal inspection authorities, and Federal procedures, rather than any 
authorized State analogues to these provisions. Therefore, the EPA is 
not incorporating by reference such particular, approved Texas 
procedural and enforcement authorities. Section 272.2201(c)(2) of 40 
CFR lists the statutory and regulatory provisions which provide the 
legal basis for the State's implementation of the hazardous waste 
management program, as well as, those procedural and enforcement 
authorities that are part of the States approved program, but these are 
not incorporated by reference.

E. What State provisions are not part of the codification?

    The public needs to be aware that some provisions of Texas' 
hazardous waste management program are not part of the Federally 
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA Subtitle C program 
because they are ``broader in scope'' than RCRA Subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules for which Texas is not authorized, but which have 
been incorporated into the State regulations because of the way the 
State adopted Federal regulations by reference:
    (3) Unauthorized amendments to authorized State provisions;
    (4) New unauthorized State requirements; and
    (5) Federal rules for which Texas is authorized, but which were 
vacated by the U.S. Court of Appeals for the District of Columbia 
Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014).
    State provisions that are ``broader in scope'' than the Federal 
program are not part of the RCRA authorized program, and the EPA will 
not enforce them. Therefore, they are not incorporated by reference in 
40 CFR part 272. For reference and clarity, 40 CFR 272.2201(c)(3) lists 
the Texas regulatory provisions which are ``broader in scope'' than the 
Federal program and which are not part of the authorized program being 
incorporated by reference. ``Broader in scope'' provisions cannot be 
enforced by the EPA; the State, however, may enforce such provisions 
under State law.
    Additionally, Texas' hazardous waste regulations include amendments 
which have not been authorized by the EPA. Since the EPA cannot enforce 
a State's requirements which have not been reviewed and authorized in 
accordance with RCRA section 3006 and 40 CFR part 271, it is important 
to be precise in delineating the scope of a State's authorized 
hazardous waste program. Regulatory provisions that have not been 
authorized by the EPA include amendments to previously authorized State 
regulations, as well as, certain Federal rules and new State 
requirements.
    Texas has adopted but is not authorized for the following Federal 
rules published in the Federal Register on April 12, 1996 (61 FR 
16290); December 5, 1997 (62 FR 64504); June 8, 2000 (65 FR 36365); and 
January 8, 2010 (75 FR 1236). Therefore, these Federal amendments 
included in Texas' adoption by reference at 30 Texas Administrative 
Code (TAC) sections 335.112(a)(1) and (a)(4), 335.152(a)(1) and (a)(4), 
and 335.431(c)(1) and (c)(3), are not part of the State's authorized 
program and are not part of the incorporation by reference addressed by 
this Federal Register document.
    Texas has adopted and was authorized for the following Federal 
rules, which have since been vacated by the U.S. Court of Appeals for 
the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144, 
respectively, June 27, 2014): (1) the Comparable Fuels Exclusion at 40 
CFR 261.4(a)(16) and 261.38 published in the Federal Register on June 
19, 1998 (63 FR 33782), as amended on June 15, 2010 (75 FR 33712); and 
(2) the Gasification Exclusion Rule published on January 2, 2008 (73 FR 
57).
    In those instances where Texas has made unauthorized amendments to 
previously authorized sections of State code, the EPA is identifying in 
40 CFR 272.2201(c)(4)(i) any regulations which, while adopted by the 
State and incorporated by reference, include language not authorized by 
the EPA. Those unauthorized portions of the State regulations are not 
Federally enforceable. Thus, notwithstanding the language in Texas 
hazardous waste regulations incorporated by reference at 40 CFR 
272.2201(c)(1), the EPA will only enforce those portions of the State 
regulations that are actually authorized by the EPA. For the 
convenience of the regulated community, the actual State regulatory 
text authorized by the EPA for the citations listed at Sec.  
272.2201(c)(4) (i.e. without the unauthorized amendments) is compiled 
as a separate document, Addendum to the EPA Approved Texas Regulatory 
Requirements Applicable to the Hazardous Waste Management Program, 
November 2014. This document is available from EPA Region 6, EPA Region 
6 Library, 12th Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
Phone number: (214) 665-6444.
    State regulations that are not incorporated by reference in this 
rule at 40 CFR 272.2201(c)(1), or that are not listed in 40 CFR 
272.2201(c)(2) (``legal basis for the State's implementation of the 
hazardous waste management program''), 40 CFR 272.2201(c)(3) (``broader 
in scope'') or 40 CFR 272.2201(c)(4) (``unauthorized State 
amendments''), are considered new unauthorized State requirements. 
These requirements are not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) for which the State has not yet been 
authorized, the EPA will continue to enforce the Federal HSWA standards 
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the 
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA 
requirements and

[[Page 80677]]

prohibitions that are implemented by EPA. Section 3006(g) of RCRA 
provides that any HSWA requirement or prohibition (including 
implementing regulations) takes effect in authorized and not authorized 
States at the same time. A HSWA requirement or prohibition supersedes 
any less stringent or inconsistent State provision which may have been 
previously authorized by the EPA (50 FR 28702, July 15, 1985). The EPA 
has the authority to implement HSWA requirements in all States, 
including authorized States, until the States become authorized for 
such requirement or prohibition. Authorized States are required to 
revise their programs to adopt the HSWA requirements and prohibitions, 
and then to seek authorization for those revisions pursuant to 40 CFR 
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), the 
EPA will wait until the State receives authorization for its analog to 
the new HSWA provision before amending the State's 40 CFR part 272 
incorporation by reference. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirement implemented by the EPA. However, until the EPA authorizes 
those State requirements, the EPA can only enforce the HSWA 
requirements and not the State analogs. The EPA will not codify those 
State requirements until the State receives authorization for those 
requirements.

Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore, this action is not subject to review by OMB. This 
rule incorporated by reference Texas' authorized hazardous waste 
management regulations, and imposes no additional requirements beyond 
those imposed by State law. Accordingly, I certify that this action 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Because this rule merely incorporates by reference certain 
existing State hazardous waste management program requirements which 
the EPA already approved under 40 CFR part 271, and with which 
regulated entities must already comply, it does not contain any 
unfunded mandate or significantly or uniquely affect small governments, 
as described in the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely incorporates by reference 
existing State hazardous waste management program requirements without 
altering the relationship or the distribution of power and 
responsibilities established by RCRA. This action also does not have 
Tribal implications within the meaning of Executive Order 13175 (65 FR 
67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant, and 
it does not make decisions based on environmental health or safety 
risks. This action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply 
Distribution or Use'' (66 FR 28344, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of Texas' voluntary 
participation in the EPA's State program authorization process under 
RCRA Subtitle C. As required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996), in issuing this rule, the EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. The EPA has complied with Executive Order 12630 (53 FR 8859, 
March 15, 1988), by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this document 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 271

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

40 CFR Part 272

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

    Authority:  This document is issued under the authority of 
Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act 
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: October 1, 2015.
Ron Curry,
Regional Administrator, Region 6.
    For the reasons set forth in the preamble, under the authority at 
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final 
authorization under part 271 to the State of Texas for revisions to its 
hazardous waste program under the Resource Conservation and Recovery 
Act and is amending 40 CFR part 272 as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Sections 2002(a), 3006, and 7004(b) of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 
6974(b).


0
2. Revise Sec.  272.2201 to read as follows:


Sec.  272.2201  Texas State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA 
granted Texas final authorization for the following elements, as 
submitted to EPA in Texas' Base program application for final 
authorization which was approved

[[Page 80678]]

by EPA effective on December 26, 1984. Subsequent program revision 
applications were approved effective on October 4, 1985, February 17, 
1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4, 
1992, June 27, 1994, November 26, 1997, December 3, 1997, October 18, 
1999, November 15, 1999, September 11, 2000, June 14, 2005, December 
29, 2008, July 13, 2009, May 6, 2011 (76 FR 12283), and May 7, 2012 (77 
FR 13200), January 9, 2013 (77 FR 71344), November 3, 2014 (79 FR 
52220), and February 26, 2016.
    (b) The State of Texas has primary responsibility for enforcing its 
hazardous waste management program. However, EPA retains the authority 
to exercise its inspection and enforcement authorities in accordance 
with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 
6934, 6973, and any other applicable statutory and regulatory 
provisions, regardless of whether the State has taken its own actions, 
as well as in accordance with other statutory and regulatory 
provisions.
    (c) State statutes and regulations. (1) The Texas statutes and 
regulations cited in paragraph (c)(1)(i) of this section are 
incorporated by reference as part of the hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This 
incorporation by reference is approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
of the Texas regulations that are incorporated by reference in this 
paragraph are available from West Group Publishing, 610 Opperman Drive, 
Eagan, 55123, ATTENTION: Order Entry; Phone: 1-800-328-9352; Web site: 
http://west.thomson.com. You may inspect a copy at EPA Region 6 
Library, 12th Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone 
number: (214) 665-8533, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved Texas Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated November 2014.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the 
State's implementation of the hazardous waste management program, but 
they are not being incorporated by reference and do not replace Federal 
authorities:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010, 
as amended by the 2012 Cumulative Annual Pocket Part, effective 
September 1, 2011); Chapter 361, The Texas Solid Waste Disposal Act, 
sections 361.002, 361.016, 361.017, 361.018, 361.0215(b)(2) and (b)(3), 
361.023, 361.024, 361.029, 361.032, 361.033, 361.035, 361.036, 
361.037(a), 361.061, 361.063, 361.0635, 361.064, 361.0641, 361.066(b) 
and (c), 361.0666, 361.067, 361.068, 361.069, 361.078, 361.079, 
361.0791, 361.080, 361.081, 361.082 (except 361.082(a) and (f)), 
361.083, 361.0833, 361.084, 361.085, 361.0861(c), 361.0871(b), 361.088, 
361.0885, 361.089 (except 361.089(a), (e), and (f)), 361.089(a), (e), 
and (f) (2012 Cumulative Annual Pocket Part), 361.090, 361.095(b)-(f), 
361.096, 361.097, 361.098, 361.099(a), 361.100, 361.101, 361.102 
through 361.109, 361.113, 361.114, 361.116, 361.271 (2012 Cumulative 
Annual Pocket Part), 361.272 through 361.275, 361.278, 361.301, 
361.321(a) and (b), 361.321(c) (except the phrase ``Except as provided 
by Section 361.322(a)''), 361.321(d), 361.321(e) (except the phrase 
``Except as provided by Section 361.322(e)''), 361.451, 361.501 through 
361.506, and 361.509(a) introductory paragraph, (a)(11), (b), (c) 
introductory paragraph, and (c)(2); Chapter 371, Texas Oil Collection, 
Management, and Recycling Act, sections 371.0025(b) and (c), 
371.024(a), (c), and (d), 371.026(a) and (b), and 371.028.
    (ii) Texas Water Code (TWC), Texas Codes Annotated, as amended 
effective September 1, 2011: Chapter 5, sections 5.102 through 5.105, 
5.112, 5.177, 5.351, 5.501 through 5.505, 5.509 through 5.512, 5.515, 
and 5.551 through 5.557; Chapter 7, sections 7.031, 7.032, 7.051(a), 
7.052(a), 7.052(c) and (d), 7.053 through 7.062, 7.064 through 7.069, 
7.075, 7.101, 7.102, 7.104, 7.105, 7.107, 7.110, 7.162, 7.163, 7.176, 
7.187(a), 7.189, 7.190, 7.252(1), 7.351, 7.353; Chapter 26, sections 
26.001(13), 26.011, 26.020 through 26.022, 26.039, and 26.341 through 
26.367; and Chapter 27, sections 27.003, 27.017(a), 27.018(a)-(d), and 
27.019.
    (iii) Texas Government Code as amended effective September 1, 2011, 
section 311.027.
    (iv) Texas Rules of Civil Procedure, as amended effective September 
1, 2011, Rule 60.
    (v) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2013, as amended, effective through December 31, 2012: Chapter 
10; Chapter 39, sections 39.5(g) and (h), 39.11, 39.13 (except (10)), 
39.103 (except (f) and (h)), 39.105, 39.107, 39.109, 39.403(b)(1), 
39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (b)(11), and (b)(13)), 
39.413 (except (10)), 39.420 (except (c) and (d)), 39.503 (except the 
reference to 39.405(h) in (d) introductory paragraph and (g)), and 
39.801 through 39.810; Chapter 50, sections 50.13, 50.19, 50.39, 50.113 
(except (d)), 50.117(f), 50.119, 50.133, and 50.139; Chapter 55, 
sections 55.25(a) and (b), 55.27 (except (b)), 55.152(a)(3), 55.152(b), 
55.154, 55.156 (except (d) through (g)), 55.201 (except as applicable 
to contested case hearings), and 55.211 (except as applicable to 
contested case hearings); Chapter 70, section 70.10; Chapter 281, 
sections 281.1 (except the clause ``except as provided by . . . 
Prioritization Process)''), 281.2 introductory paragraph and (4), 
281.3(a) and (b), 281.5 (except the clause ``Except as provided by . . 
. Discharge Permits)'', the phrase ``radioactive material'', and the 
phrase ``subsurface area drip dispersal systems''), 281.17(d) (except 
the references to radioactive material licenses), 281.17(e) and (f), 
281.18(a) (except for the sentence ``For applications for radioactive . 
. . within 30 days.'', 281.19(a) (except the last sentence), 281.19(b) 
(except the phrase ``Except as provided in subsection (c) of this 
section,''), 281.20, 281.21(a) (except the phrase ``and the Texas 
Radiation Control Act . . . Chapter 401.'', the acronym ``TRCA'', and 
the phrase ``subsurface area drip dispersal systems''), 281.21(b), 
281.21(c) (except the phrase ``radioactive materials,'' in 
281.21(c)(2)), 281.21(d), 281.22(a) (except the phrase ``For 
applications for radioactive . . . to deny the license.''), 281.22(b) 
(except the phrase ``or an injection well,'' in the first sentence and 
the phrase ``For underground injection wells . . . the same facility or 
activity.''), 281.23(a), and 281.24; Chapter 305, sections, 305.29, 
305.30, 305.64(d) and (f), 305.66(c), 305.66(e) (except for the last 
sentence), 305.66(f) through (l), 305.123 (except the phrases ``and 401 
. . . regulation)'' and ``and 32''), 305.125(1) and (3), 305.125(20), 
305.127(1)(B)(i), 305.127(4)(A) and (C), and (6), 305.401 (except the 
text ``Sec.  55.21 of this title (relating to Requests for Contested 
Case Hearings, Public Comment)'' at (b), and 305.401(c)); and Chapter 
335, sections 335.2(b), 335.43(b), 335.206, 335.391 through 335.393.
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, and are not incorporated by reference:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010): 
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.131 
through 361.140; Chapter 371, Texas Oil Collection, Management, and 
Recycling

[[Page 80679]]

Act, sections 371.021, 371.022, 371.024(e), 371.0245, 371.0246, 
371.025, and 371.026(c).
    (ii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2013, as amended, effective through December 31, 2012: Chapter 
305, sections 305.53, 305.64(b)(4), and 305.69(b)(1)(A) (as it relates 
to the Application Fee); Chapter 335, sections 335.321 through 335.332, 
Appendices I and II, and 335.401 through 335.412.
    (4) Unauthorized State amendments and provisions. (i) The following 
authorized provisions of the Texas regulations include amendments 
published in the Texas Register that are not approved by EPA. Such 
unauthorized amendments are not part of the State's authorized program 
and are, therefore, not Federally enforceable. Thus, notwithstanding 
the language in the Texas hazardous waste regulations incorporated by 
reference at paragraph (c)(1)(i) of this section, EPA will enforce the 
State provisions that are actually authorized by EPA. The effective 
dates of the State's authorized provisions are listed in the table in 
this paragraph (c)(4)(i). The actual State regulatory text authorized 
by EPA (i.e., without the unauthorized amendments) is available as a 
separate document, Addendum to the EPA-Approved Texas Regulatory and 
Statutory Requirements Applicable to the Hazardous Waste Management 
Program, November, 2014. Copies of the document can be obtained from 
U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202.

----------------------------------------------------------------------------------------------------------------
                                                Effective date            Unauthorized State amendments
      State provision (December 31, 2012)        of authorized -------------------------------------------------
                                                   provision        Texas register reference      Effective date
----------------------------------------------------------------------------------------------------------------
335.6(a)......................................         7/29/92  18 TexReg 2799..................         5/12/93
                                                                22 TexReg 12060.................        12/15/97
                                                                23 TexReg 10878.................        10/19/98
335.6(c) introductory paragraph...............         7/29/92  17 TexReg 8010..................        11/27/92
                                                                20 TexReg 2709..................         4/24/95
                                                                20 TexReg 3722..................         5/30/95
                                                                21 TexReg 1425..................          3/1/96
                                                                21 TexReg 2400..................          3/6/96
                                                                22 TexReg 12060.................        12/15/97
                                                                23 TexReg 10878.................        10/19/98
                                                                26 TexReg 9135..................        11/15/01
335.6(g)......................................         7/29/92  18 TexReg 3814..................         6/28/93
                                                                22 TexReg 12060.................        12/15/97
                                                                23 TexReg 10878.................        10/19/98
335.24(b) introductory paragraph..............          3/1/96  21 TexReg 10983.................        11/20/96
                                                                23 TexReg 10878.................        10/19/98
                                                                38 TexReg 970...................         2/21/13
335.24(c) introductory paragraph..............          3/1/96  21 TexReg 10983.................        11/20/96
                                                                23 TexReg 10878.................        10/19/98
                                                                38 TexReg 970...................         2/21/13
335.45(b).....................................          9/1/86  17 TexReg 5017..................         7/29/92
335.204(a)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(b)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(b)(6).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(c)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(d)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(e)(6).................................         5/28/86  16 TexReg 6065..................         11/7/91
----------------------------------------------------------------------------------------------------------------

    (ii) Texas has partially or fully adopted, but is not authorized to 
implement, the Federal rules that are listed in the table in this 
paragraph (c)(4)(ii). The EPA will continue to implement the Federal 
HSWA requirements for which Texas is not authorized until the State 
receives specific authorization for those requirements. The EPA will 
not enforce the non-HSWA Federal rules although they may be enforceable 
under State law. For those Federal rules that contain both HSWA and 
non-HSWA requirements, the EPA will enforce only the HSWA portions of 
the rules.

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

    (iii) The Federal rules listed in the table in this paragraph 
(c)(4)(iii) are not delegable to States. Texas has adopted these 
provisions and left the authority to the EPA for implementation and 
enforcement.

[[Page 80680]]



------------------------------------------------------------------------
                                  Federal
     Federal requirement          Register          Publication date
                                 reference
------------------------------------------------------------------------
Imports and Exports of        61 FR 16290....  April 12, 1996.
 Hazardous Waste:
 Implementation of OECD
 Council Decision (HSWA)
 (Checklist 152).
OECD Requirements; Export     75 FR 1236.....  January 8, 2010.
 Shipments of Spent Lead-
 Acid Batteries (Non-HSWA)
 (Checklist 222).
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                  Federal
     Federal requirement          Register          Publication date
                                 reference
------------------------------------------------------------------------
NESHAPS Second Technical      66 FR 24270....  May 14, 2001.
 Correction, Vacatur (Non-
 HSWA) (Checklist Rule
 188.1).
Storage, Treatment,           66 FR 27218....  May 16, 2001.
 Transportation and Disposal
 of Mixed Waste (Non-HSWA)
 (Checklist 191).
Inorganic Chemical            67 FR 17119....  April 9, 2002.
 Manufacturing Waste
 Identification and Listing
 (HSWA/Non-HSWA) (Checklist
 Rule 195.1).
Land Disposal Restrictions:   67 FR 62618....  October 7, 2002.
 National Treatment Variance
 to Designate New Treatment
 Subcategories for
 Radioactively Contaminated
 Cadmium, Mercury-Containing
 Batteries and Silver-
 Containing Batteries (HSWA)
 (Checklist 201).
NESHAP: Surface Coating of    69 FR 22601....  April 26, 2004.
 Automobiles and Light-Duty
 Trucks (Non-HSWA)
 (Checklist 205).
Revisions to the Definition   73 FR 64668....  October 30, 2008.
 of Solid Waste (Non-HSWA)
 (Checklist 219).
Expansion of RCRA Comparable  73 FR 77954....  December 19, 2008.
 Fuel Exclusion (Non-HSWA)
 (Checklist 221).
Withdrawal of the Emission    73 FR 33712....  June 15, 2010.
 Comparable Fuel Exclusion
 (Non-HSWA) (Checklist 224).
Removal of Saccharin and Its  75 FR 78918....  December 17, 2010.
 Salts from the Lists of
 Hazardous Constituents (Non-
 HSWA) (Checklist Rule 225).
------------------------------------------------------------------------

    (5) Vacated Federal rules. Texas adopted and was authorized for the 
following Federal rules which have since been vacated by the U.S. Court 
of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 
and 08-1144, respectively; June 27, 2014):

------------------------------------------------------------------------
                                  Federal
     Federal requirement          Register          Publication date
                                 reference
------------------------------------------------------------------------
Hazardous Waste Combustors;   63 FR 33782....  June 19, 1998.
 Revised Standards (HSWA)
 (Checklist 168--40 CFR
 261.4(a)(16) and 261.38
 only).
Exclusion of Oil-Bearing      73 FR 57.......  January 2, 2008.
 Secondary Materials
 Processed in a Gasification
 System to Produce Synthesis
 Gas (Checklist 216--
 Definition of
 ``Gasification'' at 40 CFR
 260.10 and amendment to 40
 CFR 261.4(a)(12)(i)).
Withdrawal of the Emission    7 FR 33712.....  June 15, 2010.
 Comparable Fuel Exclusion
 under RCRA (Checklist 224--
 amendments to 40 CFR
 261.4(a)(16) and 261.38).
------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region VI and the State of Texas, signed by the Executive Director 
of the Texas Commission on Environmental Quality (TCEQ) on December 20, 
2011, and by the EPA Regional Administrator on February 17, 2012, is 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Statement of legal authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Texas on 
May 22, 1984 and revisions, supplements, and addenda to that Statement 
dated November 21, 1986, July 21, 1988, December 4, 1989, April 11, 
1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8, 
1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended 
February 7, 1997, March 11, 1997, January 5, 1999, November 2, 1999, 
March 1, 2002, July 16, 2008, December 6, 2011, and February 22, 2013, 
are referenced as part of the authorized hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (8) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

0
3. Appendix A to part 272 is amended by revising the listing for 
``Texas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Texas

    The statutory provisions include:
    Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010): 
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003 
(except (3), (4), (19), (27), (35), and (39)), 361.019(a), 361.0235, 
361.066(a), 361.082(a) and (f), 361.086, 361.087, 361.0871(a), 
361.094, 361.095(a), 361.099(b),

[[Page 80681]]

and 361.110; Chapter 371, The Texas Oil Collection, Management, and 
Recycling Act, sections 371.003, 371.024(b), 371.026(d), and 
371.041.
    Copies of the Texas statutes that are incorporated by reference 
are available from West Group Publishing, 610 Opperman Drive, Eagan, 
55123, ATTENTION: Order Entry; Phone: 1-800-328-9352; Web site: 
http://west.thomson.com.
    The regulatory provisions include:
    Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2013, as amended, effective through December 31, 2012, and 
where indicated, amendments effective February 21, 2013, as 
published in the Texas Register on February 15, 2013 (38 TexReg 970; 
based on the proposed rule published October 5, 2012, 37 TexReg 
7871). Please note that for some provisions, the authorized versions 
are found in the TAC, Title 30, Environmental Quality, as amended 
effective January 1, 1994, January 1, 1997, December 31, 1999, or 
December 31, 2001. Texas made subsequent changes to these provisions 
but these changes have not been authorized by EPA. Where the 
provisions are taken from regulations other than those dated 
December 31, 2012, notations are made below.
    Chapter 3, Section 3.2(25) ``Person''; Chapter 20, Section 
20.15; Chapter 35, Section 35.402(e); Chapter 37, Sections 37.1, 
37.11 through 37.81, 37.100 through 37.161, 37.200 through 37.281, 
37.301 through 37.381, 37.400 through 37.411, 37.501 through 37.551, 
36.601 through 37.671, and 37.6001 through 37.6041; Chapter 281, 
Section 281.3(c);
    Chapter 305, Subchapter A--General Provisions, Sections 305.1(a) 
(except the reference to Chapter 401, relative to Radioactive 
Materials); 305.2 introductory paragraph (except the references to 
Chapter 401, relative to Radioactive Materials and the reference to 
TWC 32.002); 305.2(1), (6), (11), (12), (14), (15), (19), (20), 
(24), (26), (27), (28), (31), and (40)--(42); 305.3;
    Chapter 305, Subchapter C--Application for Permit, Sections 
305.41 (except the reference to Chapter 401, relative to Radioactive 
Materials and the reference to TWC Chapter 32); 305.42(a), (b), (d), 
and (f); 305.43(b); 305.44 (except (d)); 305.45 (except (a)(7)(I) 
and (J)); 305.47; 305.50(a) introductory paragraph--(a)(8) (except 
the last two sentences in 305.50(a)(2)); 305.50(a)(13); 
305.50(a)(14) (38 TexReg 970, effective February 21, 2013); 
305.50(a)(15) and (16); 305.50(b); 305.51;
    Chapter 305, Subchapter D--Amendments, Modifications, Renewals, 
Transfers, Corrections, Revocations, and Suspension of Permits, 
Sections 305.61; 305.62(a) (except the phrase in the first sentence 
``Sec.  305.70 of this title . . . Solid Waste Class I 
Modifications'' and the phrase in the fifth sentence ``If the 
permittee requests a modification of a municipal solid waste permit 
. . . Sec.  305.70 of this title.''); 305.62(b); 305.62(c) 
introductory paragraph (except the phrase ``other than . . . 
subsection (i) of this section''); 305.62(c)(1); 305.62(c)(2) 
introductory paragraph; 305.62(c)(2)(A) (except the phrase ``except 
for Texas Pollutant Discharge Elimination System (TPDES) permits, 
''); 305.62(c)(2)(B) (except the phrase ``except for TPDES permits, 
''); 305.62(d) (except (d)(6)); 305.62(e)-(h); 305.63(a) (except the 
last sentence of (a)(3) and (a)(7)); 305.64(a); 305.64(b) (except 
(b)(4) and (b)(5)); 305.64(c); 305.64(e); 305.64(g) (38 TexReg 970, 
effective February 21, 2013); 305.65; 305.66(a) (except (a)(7)-
(a)(9)); 305.66(d); 305.67(a) and (b); 305.69(a); 305.69(b) (except 
for ``Additional Contents of Application for an Injection Well 
Permit'' and ``Waste Containing Radioactive Materials; and 
Application Fee'' at (b)(1)(A)); 305.69(c); 305.69(d) (except 
(d)(2)(A)); 305.69(d)(2)(A) (38 TexReg 970, effective February 21, 
2013); 305.69(e)-(j); 305.69(k) (except (k) A.8-A.10) (38 TexReg 
970, effective February 21, 2013);
    Chapter 305, Subchapter F--Permit Characteristics and 
Conditions, Sections 305.121 (except the phrases ``radioactive 
material disposal'' and ``subsurface area drip dispersal systems''); 
305.122(a); 305.122(b)-(d) (38 TexReg 970, effective February 21, 
2013); 305.124; 305.125 introductory paragraph; 305.125(2) and (4); 
305.125(5) (except the last two sentences); 305.125(6)-(8); 
305.125(9) (except (9)(C)); 305.125(10) (except the phrase ``and 
32''); 305.125(11) (except the phrase ``as otherwise required by 
Chapter 336 of this title'' relative to Radioactive Substances in 
(11)(B)); 305.125(12)-(19), and (21); 305.127 introductory 
paragraph; 305.127(1)(B)(iii); 305.127(1)(E) and (F); 305.127(2); 
305.127(3)(A) (except the last two sentences); 305.127(3)(B) and 
(C); 305.127(4)(B); 305.127(5)(C); 305.128;
    Chapter 305, Subchapter G--Additional Conditions for Hazardous 
and Industrial Solid Waste Storage, Processing, or Disposal Permits, 
Sections 305.141 through 305.145; 305.150;
    Chapter 305, Subchapter I--Hazardous Waste Incinerator Permits, 
Sections 305.171 through 305.175; 305.176 (38 TexReg 970, effective 
February 21, 2013);
    Chapter 305, Subchapter J -Permits for Land Treatment 
Demonstrations Using Field Tests or Laboratory Analyses, Sections 
305.181 through 305.184;
    Chapter 305, Subchapter K--Research, Development and 
Demonstration Permits, Sections 305.191 through 305.194;
    Chapter 305, Subchapter L--Groundwater Compliance Plan, Section 
305.401(c);
    Chapter 305, Subchapter Q--Permits for Boilers and Industrial 
Furnaces Burning Hazardous Waste, Sections 305.571 through 305.573;
    Chapter 305, Subchapter R--Resource Conservation And Recovery 
Act Standard Permits For Storage And Treatment Units, Sections 
305.650 through 305.661;
    Chapter 324--Used Oil, Sections 324.1 (38 TexReg 970, effective 
February 21, 2013), 324.2(except 324.2(2)) (38 TexReg 970, effective 
February 21, 2013); 324.3 (except 324.3(5)) (38 TexReg 970, 
effective February 21, 2013); 324.4 (38 TexReg 970, effective 
February 21, 2013); 324.6 and 324.7 (38 TexReg 970, effective 
February 21, 2013); 324.11 through 324.16 (38 TexReg 970, effective 
February 21, 2013); 324.21; 324.22(d)(3);
    Chapter 335, Subchapter A--Industrial Solid Waste and Municipal 
Hazardous Waste in General, Sections 335.1 introductory paragraph; 
335.1(1)-(4), (6)-(12), (16)-(18), (22), (23), (25)-(29), (32), 
(34)-(37); 335.1(39) ``Designated facility'' (38 TexReg 970, 
effective February 21, 2013); 335.1(40)-(46), (47) (except for the 
phrase ``or is used for neutralizing the pH of non-hazardous 
industrial solid waste''), (48)-(50), (52)-(57), (59) (38 TexReg 
970, effective February 21, 2013), (60)-(63), (65), (66), (69)-(78), 
(80)-(87), (88)-(91) (except the phrase ``solid waste or'' in each 
subsection), (92), (93)-(94) (except the phrase ``solid waste or'' 
in both subsections); 335.1(95) ``Manifest'' and (96) ``Manifest 
document number'' (38 TexReg 970, effective February 21, 2013); 
335.1(97), (98), (99) (except the phrase ``solid waste or''), (100)-
(113), (115) (except the phrase ``solid waste or''), (116), (117), 
(121), (122) (except the phrase ``solid waste or''), (123)-(126), 
(128), (130)-(134), (136), (137), (138)(A) introductory paragraph 
through (138)(A)(iii), (138)(A)(iv) introductory paragraph (except 
the last sentence) (38 TexReg 970, effective February 21, 2013), 
(138)(B), (138)(C), (138)(D) (except the phrase ``Except for 
materials described in subparagraph (H) of this paragraph.'' at 
(138)(D) introductory paragraph; and (D)(iv) Table 1), (138)(D)(iv) 
Table 1 (38 TexReg 970, effective February 21, 2013), (138)(E), 
(138)(F), and (138)(G) (except the phrase ``Except for materials 
described in subparagraph (H) of this paragraph.'' at (138)(G) 
introductory paragraph), (138)(I) and (J), (139), (141), (142) (38 
TexReg 970, effective February 21, 2013), (143), (144)-(151) (except 
the phrase ``solid waste or'' at (144), (147) and (149)), (152) 
(except the phrase ``or industrial solid''), (153)-(156) (except the 
phrase ``or industrial solid'' at (155) and (156), (158)-(160), 
(161) (except the phrase ``solid waste or''), (162)-(167), (168) 
(except the phrase ``or industrial solid''), (169), (170), and (171) 
(except the phrase ``solid waste or''); 335.2(a) and (c); 335.2(e) 
and (f); 335.2(g) (38 TexReg 970, effective February 21, 2013); 
335.2(i), (j), (l), (m), and (o); 335.4; 335.5 (except (d)); 
335.6(a); 335.6(b) (January 1, 1997); 335.6(c); 335.6(d) (except the 
last sentence) (January 1, 1994); 335.6(e) (January 1, 1994); 
335.6(f)-(j); 335.7; 335.8(a)(1) and (2); 335.9(a) (except (a)(2) 
and (3)); 335.9(a)(2) and (3) (January 1, 1997); 335.9(b) (January 
1, 1994); 335.10(a) and (b) (38 TexReg 970, effective February 21, 
2013); 335.11(a) (38 TexReg 970, effective February 21, 2013); 
335.12(a) (38 TexReg 970, effective February 21, 2013); 335.13(a) 
(January 1, 1997); 335.13(c) and (d) (January 1, 1994); 335.13(e) 
and (f) (January 1, 1997); 335.13(g) (January 1, 1994); 335.13(k); 
335.14; 335.15 introductory paragraph (January 1, 1994); 335.15(1); 
335.15(3); 335.17(a); 335.18(a); 335.19 (except 335.19(d)) (38 
TexReg 970, effective February 21, 2013); 335.20 through 335.22; 
335.23 (except (2)); 335.23(2) (January 1, 1994); 335.24(a) and (b) 
introductory paragraph; 335.24(b)(1)-(4) (38 TexReg 970, effective 
February 21, 2013); 335.24(c) (except (c)(1)(A)); 335.24(c)(1)(A) 
(38 TexReg 970, effective February 21, 2013); 335.24(d) (38 TexReg 
970, effective February 21, 2013); 335.24(e); 335.24(f) (38 TexReg 
970, effective February 21, 2013); 335.24(m) and (n); 335.29 through 
335.31;

[[Page 80682]]

    Chapter 335, Subchapter B--Hazardous Waste Management General 
Provisions, Sections 335.41(a)-(c); 335.41(d) (except (d)(1) and 
(d)(5)-(8)); 335.41(d)(1) (December 31, 2001); 335.41(e)-(j); 
335.43(a); 335.44; 335.45; 335.47 (except 335.47(b) and the second 
sentence in (c)(3)); 335.47(b) (December 31, 1999);
    Chapter 335, Subchapter C--Standards Applicable to Generators of 
Hazardous Waste, Sections 335.61(a) and (b) (38 TexReg 970, 
effective February 21, 2013); 335.61(c); 335.61(d) (38 TexReg 970, 
effective February 21, 2013); 335.61(e), (g), and (h); 335.61(i) (38 
TexReg 970, effective February 21, 2013); 335.62 (38 TexReg 970, 
effective February 21, 2013); 335.63; 335.65 through 335.68; 
335.69(a) (except ``and (n)'' in the introductory paragraph; 
(a)(4)(B) and (a)(4)(C)); 335.69(a)(4)(B) and (C) (38 TexReg 970, 
effective February 21, 2013); 335.69(b) (38 TexReg 970, effective 
February 21, 2013); 335.69(c), 335.69(d) and (e) (38 TexReg 970, 
effective February 21, 2013); 335.69(f) (except (f)(4)(C)); 
335.69(f)(4)(C) and (D) (38 TexReg 970, effective February 21, 
2013); 335.69(g), (h), and (j)-(l); 335.69(m) (38 TexReg 970, 
effective February 21, 2013); 335.70; 335.71; 335.73 through 335.75; 
335.76(a) (38 TexReg 970, effective February 21, 2013); 335.76(b); 
335.76(c) and (d) (38 TexReg 970, effective February 21, 2013); 
335.76(e); 335.76(f) (38 TexReg 970, effective February 21, 2013); 
335.76(g); 335.77; 335.78(a); 335.78(b) (January 1, 1997); 335.78(c) 
(38 TexReg 970, effective February 21, 2013); 335.78(d) (except 
(d)(2)); 335.78(e) introductory paragraph (January 1, 1997); 
335.78(e)(1) and (2); 335.78(f) introductory paragraph and (f)(1) 
(38 TexReg 970, effective February 21, 2013); 335.78(f)(2) (January 
1, 1997); 335.78(f)(3) (except 335.78(f)(3)(A)); 335.78(f)(3)(A) (38 
TexReg 970, effective February 21, 2013); 335.78(g) (except (g)(2)); 
335.78(g)(2) (January 1, 1997); 335.78(h) and (i); 335.78(j) (38 
TexReg 970, effective February 21, 2013); 335.79 (38 TexReg 970, 
effective February 21, 2013);
    Chapter 335, Subchapter D--Standards Applicable to Transporters 
of Hazardous Waste, Sections 335.91 (except (e)); 335.92; 335.93 
(except (e)); 335.93(e) (December 31, 1999); 335.94 (except the 
phrase ``owned or operated by a registered transporter'' in (a) 
introductory paragraph);
    Chapter 335, Subchapter E--Interim Standards for Owners and 
Operators of Hazardous Waste Storage, Processing, or Disposal 
Facilities, Sections 335.111(a) and (b) (38 TexReg 970, effective 
February 21, 2013), 335.111(c)-(e); 335.112(a) introductory 
paragraph; 335.112(a)(1) (38 TexReg 970, effective February 21, 
2013); 335.112(a)(2); 335.112(a)(3) and (4) (38 TexReg 970, 
effective February 21, 2013); 335.112(a)(5)-(12); 335.112(a)(13) and 
(14) (38 TexReg 970, effective February 21, 2013); 335.112(a)(15) 
and (16); 335.112(a)(18)-(24); 335.112(b) (except (b)(4)(K) and 
(b)(7)); 335.112(b)(4)(K) and (b)(7) (38 TexReg 970, effective 
February 21, 2013); 335.112(c); 335.113; 335.115 through 335.128;
    Chapter 335, Subchapter F--Permitting Standards for Owners and 
Operators of Hazardous Waste Storage, Processing, or Disposal 
Facilities, Sections 335.151(a) (38 TexReg 970, effective February 
21, 2013); 335.151(b); 335.151(c) (38 TexReg 970, effective February 
21, 2013); 335.151(d); 335.151(e) (38 TexReg 970, effective February 
21, 2013); 335.151(f); 335.152(a) introductory paragraph; 
335.152(a)(1) (38 TexReg 970, effective February 21, 2013); 
335.152(a)(2); 335.152(a)(3) and (4) (38 TexReg 970, effective 
February 21, 2013); 335.152(a)(5)-(8); 335.152(a)(9) (38 TexReg 970, 
effective February 21, 2013); 335.152(a)(10) and (11); 
335.152(a)(12) (38 TexReg 970, effective February 21, 2013); 
335.152(a)(13); 335.152(a)(14) (38 TexReg 970, effective February 
21, 2013); 335.152(a)(15)-(22); 335.152(b); 335.152(c) (except 
(c)(7)); 335.152(c)(7) (38 TexReg 970, effective February 21, 2013); 
335.152(d); 335.153; 335.155 introductory paragraph (38 TexReg 970, 
effective February 21, 2013); 335.155(1) and (2); 335.155(3) (38 
TexReg 970, effective February 21, 2013); 335.156 through 335.167; 
335.168 (except (c)); 335.168(c) (38 TexReg 970, effective February 
21, 2013); 335.169; 335.170 (except (c)); 335.170(c) (38 TexReg 970, 
effective February 21, 2013); 335.171 through 335.179;
    Chapter 335, Subchapter G--Location Standards for Hazardous 
Waste Storage, Processing, or Disposal, Sections 335.201(a) (except 
(a)(3)); 335.201(c); 335.202 introductory paragraph; 335.202(2), 
(4), (9)-(11), (13), (15)-(18); 335.203; 335.204(a) introductory 
paragraph-(a)(5); 335.204(b)(1)-(6); 335.204(c)(1)-(5); 
335.204(d)(1)-(5); 335.204(e) introductory paragraph; 335.204(e)(1) 
introductory paragraph (except the phrase ``Except as . . . (B) of 
this paragraph,'' and the word ``event'' at the end of the 
paragraph); 335.204(e)(2)-(7); 335.204(f); 335.205(a) introductory 
paragraph--(a)(2) and (e);
    Chapter 335, Subchapter H--Standards for the Management of 
Specific Wastes and Specific Types of Facilities, Sections 335.211; 
335.212; 335.213 (38 TexReg 970, effective February 21, 2013); 
335.214; 335.221; 335.222(except (c)(1)); 335.222(c)(1) (38 TexReg 
970, effective February 21, 2013); 335.223 through 335.225; 
335.241(except (b)(4)); 335.251 (38 TexReg 970, effective February 
21, 2013); 335.261 (except (e)); 335.271; 335.272;
    Chapter 335, Subchapter O--Land Disposal Restrictions, Section 
335.431 (except (c)(1)); 335.431(c)(1) (38 TexReg 970, effective 
February 21, 2013);
    Chapter 335, Subchapter R--Waste Classification, Sections 
335.504 introductory paragraph; 335.504(1)-(3) (38 TexReg 970, 
effective February 21, 2013);
    Subchapter U, Standards For Owners And Operators Of Hazardous 
Waste Facilities Operating Under A Standard Permit, Sections 601 and 
602.
    Copies of the Texas regulations that are incorporated by 
reference are available from West Group Publishing, 610 Opperman 
Drive, Eagan, 55123, ATTENTION: Order Entry; Phone: 1-800-328-9352; 
Web site: http://west.thomson.com.
* * * * *
[FR Doc. 2015-31881 Filed 12-24-15; 8:45 am]
 BILLING CODE 6560-50-P