83 FR 53595 - Texas: Proposed Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 206 (October 24, 2018)
Federal Register Volume 83, Issue 206 (October 24, 2018)
| Page Range | 53595-53603 | |
| FR Document | 2018-22998 |
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)] [Proposed Rules] [Pages 53595-53603] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22998] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 [EPA-R06-RCRA-2016-0549; FRL-9984-37--Region 6] Texas: Proposed Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: During a review of Texas' regulations, the Environmental Protection Agency (EPA) identified State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and is proposing to authorize the State-initiated changes. This rule also proposes to codify in the regulations the prior approval of Texas' hazardous waste management program and incorporate by reference authorized provisions of the State's statutes and regulations. DATES: Comments on this proposed rule must be received by November 23, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06- RCRA-2016-0549, 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]. 3. Fax: (214) 665-6762 (prior to faxing, please notify Alima Patterson at (214) 665-8533). 4. Mail: Alima Patterson, EPA Region 6, Regional Authorization/ Codification Coordinator, RCRA Permit Section (6MM-RP), Multimedia Division, EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. 5. Hand Delivery or Courier: Deliver your comments to Alima Patterson, EPA Region 6, Regional Authorization/Codification Coordinator, RCRA Permit Section (6MM-RP), Multimedia Division, EPA Region 6, 1445, Suite 1200, 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. Direct your comments to Docket ID No. EPA-R06-RCRA-2016-0549. The Federal http://www.regulations.gov website 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. [[Page 53596]] 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, Suite 1200, Dallas, Texas 75202-2733, Phone number: (214) 665-8533. Interested persons wanting to examine these documents should make an appointment with the office at least two weeks in advance. FOR FURTHER INFORMATION CONTACT: Alima Patterson, EPA Region 6 Regional Authorization/Codification Coordinator, RCRA Permit Section (6MM-RP), Multimedia Division, EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, Phone number: (214) 665-8533, and Email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Introduction The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the 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 EPA is proposing to authorize the State-initiated changes and incorporate by reference the State's hazardous waste program. II. 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 have reviewed Texas' State-initiated changes and have made a tentative decision that Texas' revisions to its authorized program meet all the statutory and regulatory requirements established by RCRA. We found that the State-initiated changes make Texas' rules clearer or conform more closely to the Federal equivalents and are so minor in nature that a formal application is unnecessary. Therefore, we propose to grant Texas final authorization to operate its hazardous waste program with the changes described in the table at Section F below. Texas continues to have 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 proposed authorization decision? If Texas is authorized for these changes, a facility in Texas subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements to comply with RCRA. Texas continues to have 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:Conduct 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. The action to approve these State-initiated changes would not impose additional requirements on the regulated community because the statutes and regulations for which the EPA proposes to authorize Texas are already effective and are not changed by the act of authorization. D. What happens if EPA receives comments on this action? If the EPA receives comments on the proposed authorization of the State-initiated changes, we will address those comments in our final action. You may not have another opportunity to comment. If you want to comment on this proposed authorization, you must do so at this time. In addition to the proposed authorization of the State-initiated changes described above in this document, EPA proposes 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 authorize certain provisions of the Texas RCRA program, and the EPA is not now reopening those decisions, nor requesting comments, on the Texas authorization as published in the Federal Register documents specified in Section II.E. of this preamble. E. For what has Texas previously been authorized? The State of Texas initially received final authorization on December 12, 1984, effective 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). We granted authorization for changes to their program on January 31, 1986 (51 FR 3952), effective October 4, 1985; December 18, 1986 (51 FR 45320), effective February 17, 1987; March 1, 1990 (55 FR 7318), effective March 15, 1990; May 24, 1990 (55 FR 21383), effective July 23, 1990; August 22, 1991 (56 FR 41626), effective October 21, 1991; October 5, 1992 (57 FR 45719), effective December 4, 1992; April 11, 1994 (59 FR 16987), effective June 27, 1994; April 12, 1994 (59 FR 17273), effective June 27, 1994; September 12, 1997 (62 FR 47947), effective November 26, 1997; September 19, 1997 (62 FR 49163), effective December 3, 1997; August 18, 1999 (64 FR 44836), effective October 18, 1999; September 14, 1999 (64 FR 49673), effective November 15, 1999; July 13, 2000 (65 FR 43246), effective September 11, 2000; June 14, 2005 (70 FR 34371), effective June 14, 2005; October 29, 2008 (73 FR 64252), effective December 29, 2008; May 13, 2009 (74 FR 22469), effective July 13, 2009; March 7, 2011 (76 FR 12283), effective May 6, 2011; March 6, 2012 (77 FR 13200), effective May 7, 2012; [[Page 53597]] November 30, 2012 (77 FR 71344), effective January 29, 2013; September 3, 2014 (79 FR 52220), effective November 3, 2014; October 21, 2015 (80 FR 63691), effective December 21, 2015; and December 28, 2015 (80 FR 80672), effective February 26, 2016. F. What changes are we proposing to authorize with this action? The State has made amendments 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. 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, and no less stringent than the Federal laws and regulations. These State-initiated changes satisfy the requirements of 40 CFR 271.21(a). We are now proposing to grant Texas final authorization to carry out the listed 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 January 3, 2014. The Texas provisions are from the Texas Administrative Code (TAC), Title 30, amended to be effective December 31, 2014. G. Who handles permits after the final authorization takes effect? This proposed 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. H. 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. 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 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), January 9, 2013 (77 FR 71344), and February 26, 2016 (80 FR 80672). In this document, EPA is proposing to revise Subpart SS of 40 CFR part 272 to include the recent authorization revision actions effective December 21, 2015 (80 FR 63691). C. What codification decisions have we proposed in this rule? In this rule, the EPA is proposing to finalize regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to finalize 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 http://www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). This action also proposes to codify Texas' base hazardous waste management program and its revisions to that program. This document proposes to incorporate by reference Texas' hazardous waste statutes and regulations and clarify 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 proposing to incorporate by reference the Texas authorized hazardous waste program by amending 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, including any annual re-certification; 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' proposed 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 proposing to incorporate 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 proposed as 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 [[Page 53598]] of Columbia Circuit (DC 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, EPA proposes to list in 40 CFR 272.2201(c)(3) the Texas regulatory provisions which are ``broader in scope'' than the Federal program and which are not part of the authorized program proposed to be 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 proposed 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 proposed to be 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 authorized by the EPA. For the convenience of the regulated community, the actual State regulatory text authorized by the EPA for the citations listed at 272.2201(c)(4) (i.e., without the unauthorized amendments) is compiled as a separate document, Addendum to the EPA Approved Texas Regulatory Requirements Applicable to the Hazardous Waste Management Program, December 2015. This document is available from EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, Phone number: (214) 665-8533. State regulations that are not proposed to be 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 proposed codification? The EPA is not amending 40 CFR part 272 to include HSWA requirements and 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. IV. Statutory and Executive Order Reviews The Office of Management and Budget (OMB) has exempted this action from the requirements of Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to authorize State requirements for the purpose of RCRA section 3006 and incorporate by reference Texas' authorized hazardous waste management regulations, and imposes no additional requirements beyond those imposed by State law. Therefore, this action is not subject to review by OMB. This action is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because actions such as today's proposed authorization and codification of Texas' revised hazardous waste program under RCRA are exempted under Executive Order 12866. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action proposes to authorize and incorporate by reference pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely [[Page 53599]] affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same reason, this action also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely 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 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. Under RCRA section 3006(b), EPA grants a State's application for authorization as long as the State meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a State authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. The requirements proposed to be codified are the result of Texas' voluntary participation in the EPA's State program authorization process under RCRA Subtitle C. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed 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 proposed 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.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, the disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low- income populations in the United States. Because this rule proposes to authorize and codify pre-existing State rules which are at least equivalent to, and no less stringent than existing federal requirements, and imposes no additional requirements beyond those imposed by State law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898. 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 Environmental protection, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Intergovernmental relations, Water pollution control, Water supply. Authority: This notice 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 10, 2018. Anne Idsal, 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 proposing to grant final authorization under 40 CFR part 271 to the State of Texas for revisions, as identified in Section II.F above, to its hazardous waste program under the Resource Conservation and Recovery Act and is proposing to amend 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: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 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 [effective date of final rule]. (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: http://legalsolutions.thomsonreuters.com. You may inspect a [[Page 53600]] copy at EPA Region 6, 1445, Suite 1200, 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 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)-(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 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: 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)-(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)'' 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; 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)-(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 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, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733. [[Page 53601]] ---------------------------------------------------------------------------------------------------------------- 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.................. 11/15/01 335.6(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. ---------------------------------------------------------------------------------------------------------------- Federal requirement Federal Register reference Publication date ---------------------------------------------------------------------------------------------------------------- Clarification of Standards for Hazardous Waste LDR 62 FR 64504................. December 5, 1997. Treatment Variances (HSWA) (Checklist 162). Organobromine Production Wastes; Petroleum Refining 64 FR 36365................. June 8, 2000. Wastes; Identification and Listing of Hazardous Waste; Land Disposal Restrictions (HSWA) (Checklist 187). Zinc Fertilizers Made from Recycled Hazardous 67 FR 48393................. July 24, 2002. 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. ---------------------------------------------------------------------------------------------------------------- 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 Spent Lead- 75 FR 1236.................. January 8, 2010. 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 requirement Federal Register reference Publication date ---------------------------------------------------------------------------------------------------------------- NESHAPS Second Technical Correction, Vacatur (Non- 66 FR 24270................. May 14, 2001. HSWA) (Checklist Rule 188.1). Storage, Treatment, Transportation and Disposal of 66 FR 27218................. May 16, 2001. Mixed Waste (Non-HSWA) (Checklist 191). [[Page 53602]] Inorganic Chemical Manufacturing Waste Identification 67 FR 17119................. April 9, 2002. and Listing (HSWA/Non-HSWA) (Checklist Rule 195.1). Land Disposal Restrictions: National Treatment 67 FR 62618................. October 7, 2002. Variance to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium, Mercury- Containing Batteries and Silver-Containing Batteries (HSWA) (Checklist 201). NESHAP: Surface Coating of Automobiles and Light-Duty 69 FR 22601................. April 26, 2004. Trucks (Non-HSWA) (Checklist 205). Revisions to the Definition of Solid Waste (Non-HSWA) 73 FR 64668................. October 30, 2008. (Checklist 219). Expansion of RCRA Comparable Fuel Exclusion (Non- 73 FR 77954................. December 19, 2008. HSWA) (Checklist 221). Withdrawal of the Emission Comparable Fuel Exclusion 73 FR 33712................. June 15, 2010. (Non-HSWA) (Checklist 224). Removal of Saccharin and Its Salts from the Lists of 75 FR 78918................. December 17, 2010. 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 requirement Federal Register reference Publication date ---------------------------------------------------------------------------------------------------------------- Hazardous Waste Combustors; Revised Standards (HSWA) 63 FR 33782................. June 19, 1998. (Checklist 168--40 CFR 261.4(a)(16) and 261.38 only). Exclusion of Oil-Bearing Secondary Materials 73 FR 57.................... January 2, 2008. Processed in a Gasification System to Produce Synthesis Gas (Checklist 216--Definition of ``Gasification'' at 40 CFR 260.10 and amendment to 40 CFR 261.4(a)(12)(i)). Withdrawal of the Emission Comparable Fuel Exclusion 7 FR 33712.................. June 15, 2010. 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 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 22, 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. 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), (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: http://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), and (40)-(42); 305.3; 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-(a)(3) (except the last two sentences in [[Page 53603]] 305.50(a)(2)); 305.50(a)(4) (December 31, 2012); 305.50(a)(5)- (a)(8); 305.50(a)(13)-(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)-(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)-(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)-(h); 305.69(i)(3) and (i)(4); 305.69(j); 305.69(k) (except (k) A.8-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)-(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)-(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- (4), (6)-(12), (16)-(19), (23), (24), (26)-(30), (33), (35)-(38), (40)-(47), (48) (except for the phrase ``or is used for neutralizing the pH of non-hazardous industrial solid waste''), (49)-(51), (53)- (58), (60)-(64), (66), (67), (70)-(79), (81)-(115) (except the phrase ``solid waste or'' at (89), (91), (92), (94), (95), and (100)), (117)-(119) (except the phrase ``solid waste or'' at (117)), (123)-(128) (except the phrase ``solid waste or'' at (124)), (130), (132)-(136), (138)-(140)(A)(iii), (140)(A)(iv) introductory paragraph (except the last sentence), (140)(B)-(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)-(154) (except the phrase ``solid waste or'' at (147), (150) and (152)), (155)-(159) (except the phrase ``or industrial solid'' at (155), (158), and (159)), (161)-(170) (except the phrase ``solid waste or'' at (164)), (171) (except the phrase ``or industrial solid'' at (171)(B)), (172)-(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)-(f); 335.24(m) and (n); 335.29 through 335.31; Chapter 335, Subchapter B--Hazardous Waste Management General Provisions, Sections 335.41(a)-(c); 335.41(d) introductory paragraph and (d)(2)-(4); 335.41(d)(1) (December 31, 2001); 335.41(e)-(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)-(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 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)-(11), (13), and (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(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: http://legalsolutions.thomsonreuters.com. * * * * * [FR Doc. 2018-22998 Filed 10-23-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Proposed Rules 53595
II. What action is the Agency taking? for determining residues of parent authorization and is proposing to
EPA is announcing its receipt of ethiprole and RPA in milk, eggs and authorize the State-initiated changes.
several pesticide petitions filed under tissues. The Food and Drug This rule also proposes to codify in the
section 408 of the Federal Food, Drug, Administration (FDA) multiresidue regulations the prior approval of Texas’
and Cosmetic Act (FFDCA), 21 U.S.C. method testing study for ethiprole is hazardous waste management program
346a, requesting the establishment or adequate and indicates that Pesticide and incorporate by reference authorized
modification of regulations in 40 CFR Analytical Manual (PAM) multiresidue provisions of the State’s statutes and
part 180 for residues of pesticide methods are not suitable for enforcing regulations.
chemicals in or on various food tolerances for residues of ethiprole. DATES: Comments on this proposed rule
commodities. The Agency is taking Contact: RD. must be received by November 23, 2018.
public comment on the requests before 2. PP 8E8693. EPA–HQ–OPP–2018–
ADDRESSES: Submit your comments,
responding to the petitioners. EPA is not 0636. OAT Agrio Co., Ltd. c/o Landis
identified by Docket ID No. EPA–R06–
proposing any particular action at this International, Inc., 3185 Madison
RCRA–2016–0549, by one of the
time. EPA has determined that the Highway, P.O. Box 5126, Valdosta, GA
following methods:
pesticide petitions described in this 31603–5126, requests to establish an
1. Federal eRulemaking Portal: http://
document contain the data or import tolerance without U.S.
www.regulations.gov. Follow the on-line
information prescribed in FFDCA registration in 40 CFR part 180.677 for
instructions for submitting comments.
section 408(d)(2), 21 U.S.C. 346a(d)(2); residues of the insecticide cyflumetofen 2. Email: patterson.alima@epa.gov.
however, EPA has not fully evaluated in or on coffee bean at 0.08 ppm. The 3. Fax: (214) 665–6762 (prior to
the sufficiency of the submitted data at method performance was verified before faxing, please notify Alima Patterson at
this time or whether the data support and during sample analysis by (214) 665–8533).
granting of the pesticide petitions. After determining the recoveries from control 4. Mail: Alima Patterson, EPA Region
considering the public comments, EPA samples fortified with cyflumetofen/ 6, Regional Authorization/Codification
intends to evaluate whether and what B–1 at 0.01/0.01 ppm (Limit of Coordinator, RCRA Permit Section
action may be warranted. Additional Quantitation (LOQ) and 0.1/0.1ppm (6MM–RP), Multimedia Division, EPA
data may be needed before EPA can (10x LOQ) for green coffee bean, roasted Region 6, 1445 Ross Avenue, Suite
make a final determination on these coffee bean and instant coffee. The LOD 1200, Dallas, Texas 75202–2733.
pesticide petitions. (Limit of Detection) for cyflumetofen 5. Hand Delivery or Courier: Deliver
Pursuant to 40 CFR 180.7(f), a and B–1 was calculated as 0.0029 ppm your comments to Alima Patterson, EPA
summary of each of the petitions that and 0.0017 ppm for green coffee bean, Region 6, Regional Authorization/
are the subject of this document, 0.0025 ppm and 0.0017 ppm for roasted Codification Coordinator, RCRA Permit
prepared by the petitioner, is included coffee bean, and 0.0019 ppm and 0.0011 Section (6MM–RP), Multimedia
in a docket EPA has created for each ppm for instant coffee. Contact: RD. Division, EPA Region 6, 1445, Suite
rulemaking. The docket for each of the Authority: 21 U.S.C. 346a. 1200, Ross Avenue, Dallas, Texas
petitions is available at http:// Dated: October 2, 2018. 75202–2733.
www.regulations.gov. Instructions: Do not submit
Michael L. Goodis,
As specified in FFDCA section information that you consider to be
Director, Registration Division, Office of
408(d)(3), 21 U.S.C. 346a(d)(3), EPA is Confidential Business Information (CBI)
Pesticide Programs.
publishing notice of the petition so that or otherwise protected through http://
[FR Doc. 2018–23251 Filed 10–23–18; 8:45 am]
the public has an opportunity to www.regulations.gov, or email. Direct
BILLING CODE 6560–50–P
comment on this request for the your comments to Docket ID No. EPA–
establishment or modification of R06–RCRA–2016–0549. The Federal
regulations for residues of pesticides in http://www.regulations.gov website is
ENVIRONMENTAL PROTECTION
or on food commodities. Further an ‘‘anonymous access’’ system, which
AGENCY
information on the petition may be means the EPA will not know your
obtained through the petition summary 40 CFR Parts 271 and 272 identity or contact information unless
referenced in this unit. you provide it in the body of your
[EPA–R06–RCRA–2016–0549; FRL–9984– comment. If you send an email
New Tolerances 37—Region 6] comment directly to the EPA without
1. PP 7E8586. EPA–HQ–OPP–2009– going through http://
Texas: Proposed Authorization of
0493. Bayer CropScience LP, 2 T.W. www.regulations.gov, your email
State-Initiated Changes and
Alexander Dr., Research Triangle Park, address will be automatically captured
Incorporation by Reference of State
NC 27709–2014, requests to establish an and included as part of the comment
Hazardous Waste Management
import tolerance without U.S. that is placed in the public docket and
Program
registration in 40 CFR part 180.652 for made available on the internet. If you
residues of the insecticide ethiprole, AGENCY: Environmental Protection submit an electronic comment, the EPA
and its metabolites and degradates, in or Agency (EPA). recommends that you include your
on coffee, green bean at 0.10 parts per ACTION: Proposed rule. name and other contact information in
million (ppm). The high performance the body of your comment and with any
liquid chromatography/mass SUMMARY: During a review of Texas’ disk or CD–ROM you submit. If the EPA
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spectrometry (HPLC/MS–MS) regulations, the Environmental cannot read your comment due to
enforcement method, Method 01128, is Protection Agency (EPA) identified technical difficulties and cannot contact
acceptable for determination of residues State-initiated changes to its hazardous you for clarification, the EPA may not
of ethiprole and its sulfone metabolite waste program under the Resource be able to consider your comment.
RPA 097973 for data collection in plant Conservation and Recovery Act (RCRA). Electronic files should avoid the use of
commodities. The gas chromatography- The EPA has determined that these special characters, any form of
electron capture detector (GC–ECD) changes are minor and satisfy all encryption, and be free of any defects or
method (Report No. B003572) is suitable requirements needed to qualify for Final viruses.
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![Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Proposed Rules 53599
affect small governments, as described and Avoidance of Unanticipated PART 272—APPROVED STATE
in the Unfunded Mandates Reform Act Takings’’ issued under the executive HAZARDOUS WASTE MANAGEMENT
of 1995 (2 U.S.C. 1531–1538). For the order. This proposed rule does not PROGRAMS
same reason, this action also does not impose an information collection
significantly or uniquely affect the burden under the provisions of the ■ 1. The authority citation for Part 272
communities of tribal governments, as Paperwork Reduction Act of 1995 (44 continues to read as follows:
specified by Executive Order 13175 (65 U.S.C. 3501 et seq.). ‘‘Burden’’ is Authority: Secs. 2002(a), 3006, and
FR 67249, November 9, 2000). defined at 5 CFR 1320.3(b). 7004(b) of the Solid Waste Disposal Act, as
This action will not have substantial Executive Order 12898 (59 FR 7629, amended by the Resource Conservation and
direct effects on the States, on the Feb. 16, 1994) establishes federal Recovery Act, as amended, 42 U.S.C. 6912(a),
relationship between the national executive policy on environmental 6926, and 6974(b).
government and the States, or on the justice. Its main provision directs ■ 2. Revise § 272.2201 to read as
distribution of power and federal agencies, to the greatest extent follows:
responsibilities among the various practicable and permitted by law, to
levels of government, as specified in make environmental justice part of their § 272.2201 Texas State-administered
program: Final authorization.
Executive Order 13132 (64 FR 43255, mission by identifying and addressing,
August 10, 1999), because it merely as appropriate, the disproportionately (a) History of the State of Texas
incorporates by reference existing State high and adverse human health or authorization. Pursuant to section
hazardous waste management program environmental effects of their programs, 3006(b) of RCRA, 42 U.S.C. 6926(b), the
requirements without altering the policies, and activities on minority EPA granted Texas final authorization
relationship or the distribution of power populations and low-income for the following elements as submitted
and responsibilities established by populations in the United States. to EPA in Texas’ Base program
RCRA. Because this rule proposes to authorize application for final authorization
This action also is not subject to and codify pre-existing State rules which was approved by EPA effective
Executive Order 13045 (62 FR 19885, which are at least equivalent to, and no on December 26, 1984. Subsequent
April 23, 1997), because it is not less stringent than existing federal program revision applications were
economically significant and it does not requirements, and imposes no approved effective on October 4, 1985,
make decisions based on environmental additional requirements beyond those February 17, 1987, March 15, 1990, July
health or safety risks. This action is not imposed by State law, and there are no 23, 1990, October 21, 1991, December 4,
subject to Executive Order 13211, anticipated significant adverse human 1992, June 27, 1994, November 26,
‘‘Actions Concerning Regulations That health or environmental effects, the rule 1997, December 3, 1997, October 18,
Significantly Affect Energy Supply is not subject to Executive Order 12898. 1999, November 15, 1999, September
Distribution or Use’’ (66 FR 28344, May 11, 2000, June 14, 2005, December 29,
22, 2001), because it is not a significant List of Subjects 2008, July 13, 2009, May 6, 2011, May
regulatory action under Executive Order 40 CFR Part 271 7, 2012, January 9, 2013, November 3,
12866. 2014, December 21, 2015, February 26,
Environmental protection,
Under RCRA section 3006(b), EPA 2016, and [effective date of final rule].
Administrative practice and procedure,
grants a State’s application for (b) Enforcement authority. The State
Confidential business information,
authorization as long as the State meets of Texas has primary responsibility for
Hazardous waste, Hazardous waste
the criteria required by RCRA. It would enforcing its hazardous waste
transportation, Indian lands,
thus be inconsistent with applicable law management program. However, EPA
Intergovernmental relations, Penalties,
for EPA, when it reviews a State retains the authority to exercise its
Reporting and recordkeeping
authorization application, to require the inspection and enforcement authorities
requirements.
use of any particular voluntary in accordance with sections 3007, 3008,
consensus standard in place of another 40 CFR Part 272 3013, 7003 of RCRA, 42 U.S.C. 6927,
standard that otherwise satisfies the Environmental protection, Hazardous 6928, 6934, 6973, and any other
requirements of RCRA. The materials transportation, Hazardous applicable statutory and regulatory
requirements proposed to be codified waste, Incorporation by reference, provisions, regardless of whether the
are the result of Texas’ voluntary Intergovernmental relations, Water State has taken its own actions, as well
participation in the EPA’s State program pollution control, Water supply. as, in accordance with other statutory
authorization process under RCRA and regulatory provisions.
Authority: This notice is issued under the
Subtitle C. Thus, the requirements of (c) State statutes and regulations.
authority of Sections 2002(a), 3006 and
section 12(d) of the National 7004(b) of the Solid Waste Disposal Act as
(1) Incorporation by reference. The
Technology Transfer and Advancement amended 42 U.S.C. 6912(a), 6926, 6974(b). Texas statutes and regulations cited in
Act of 1995 (15 U.S.C. 272 note) do not paragraph (c)(1)(i) of this section are
Dated: October 10, 2018.
apply. As required by section 3 of incorporated by reference as part of the
Executive Order 12988 (61 FR 4729, Anne Idsal, hazardous waste management program
February 7, 1996), in issuing this Regional Administrator, Region 6. under Subtitle C of RCRA, 42 U.S.C.
proposed rule, the EPA has taken the For the reasons set forth in the 6921 et seq. This incorporation by
necessary steps to eliminate drafting preamble, under the authority at 42 reference is approved by the Director of
errors and ambiguity, minimize U.S.C. 6912(a), 6926, and 6974(b), the the Federal Register in accordance with
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potential litigation, and provide a clear EPA is proposing to grant final 5 U.S.C. 552(a) and 1 CFR part 51. You
legal standard for affected conduct. The authorization under 40 CFR part 271 to may obtain copies of the Texas statutes
EPA has complied with Executive Order the State of Texas for revisions, as and regulations that are incorporated by
12630 (53 FR 8859, March 15, 1988), by identified in Section II.F above, to its reference in this paragraph from
examining the takings implications of hazardous waste program under the Thomson Reuters, 610 Opperman Drive,
the rule in accordance with the Resource Conservation and Recovery Eagan, MN 55123; Phone: 1–888–728–
‘‘Attorney General’s Supplemental Act and is proposing to amend 40 CFR 7677; website: http://legalsolutions.
Guidelines for the Evaluation of Risk part 272, as follows: thomsonreuters.com. You may inspect a
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![53600 Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Proposed Rules
copy at EPA Region 6, 1445, Suite 1200, 7.176, 7.187(a), 7.189, 7.190, 7.252(1), Chapter 305, sections, 305.29, 305.30,
Ross Avenue, Dallas, Texas 75202–2733, 7.351, 7.353; Chapter 26, sections 305.64(d) and (f), 305.66(c), 305.66(e)
Phone number: (214) 665.8533, or at the 26.001(13), 26.011, 26.020 through (except for the last sentence), 305.66(f)–
National Archives and Records 26.022, 26.039, and 26.341 through (l), 305.123 (except the phrases ‘‘and
Administration (NARA). For 26.367; and Chapter 27, sections 27.003, 32’’ and ‘‘and 401’’), 305.125(1) and (3),
information on the availability of this 27.017(a), 27.018(a)–(d), and 27.019. 305.125(20), 305.127(1)(B)(i),
material at NARA, call 202–741–6030, (iii) Texas Government Code, as 305.127(4)(A) and (C), 305.127 (6),
or go to: http://www.archives.gov/ amended effective September 1, 2015, 305.401 (except the text ‘‘§ 55.21 of this
federal-register/cfr/ibr-locations.html. section 311.027. title (relating to Requests for Contested
(i) The Binder entitled ‘‘EPA- (iv) Texas Rules of Civil Procedure, as Case Hearings, Public Comment)’’ at (b),
Approved Texas Statutory and amended effective September 1, 2015, and 305.401(c)); and
Regulatory Requirements Applicable to Rule 60. Chapter 335, sections 335.2(b),
the Hazardous Waste Management (v) Texas Administrative Code (TAC), 335.43(b), 335.206, 335.391 through
Program’’, dated December 2015. Title 30, Environmental Quality, 2015, 335.393.
(ii) [Reserved] as amended effective through December (3) Related legal provisions. The
(2) Legal basis. The following
31, 2014: following statutory and regulatory
provisions provide the legal basis for the
Chapter 10; Chapter 39, sections provisions are broader in scope than the
State’s implementation of the hazardous
39.5(g) and (h), 39.11, 39.13 (except Federal program, are not part of the
waste management program, but they
(10)), 39.103 (except (f) and (h)), 39.105, authorized program, and are not
are not being incorporated by reference
39.107, 39.109, 39.403(b)(1), incorporated by reference:
and do not replace Federal authorities:
(i) Texas Health and Safety Code 39.405(f)(1), 39.411 (except (b)(4)(B), (i) Texas Health and Safety Code
(THSC) Annotated, (Vernon, 2010, as (b)(10), (b)(11), and (b)(13)), 39.413 (THSC) Annotated, (Vernon, 2010):
amended by the 2015 Cumulative (except (10)), 39.420 (except (c) and (d)), Chapter 361, The Texas Solid Waste
Annual Pocket Part, effective September 39.503 (except the reference to 39.405(h) Disposal Act (TSWDA), sections
1, 2015); Chapter 361, The Texas Solid in (d) introductory paragraph, and (g)), 361.131 through 361.140; Chapter 371,
Waste Disposal Act (TSWDA), sections and 39.801 through 39.810; Texas Used Oil Collection,
361.002, 361.016, 361.017, 361.018, Chapter 50, sections 50.13, 50.19, Management, and Recycling Act,
361.0215(b)(2) and (b)(3), 361.023, 50.39, 50.113 (except (d)), 50.117(f), sections 371.021, 371.022, 371.024(e),
361.024, 361.029, 361.032, 361.033, 50.119, 50.133, and 50.139; 371.0245, 371.0246, 371.025, and
361.035, 361.036, 361.037(a), 361.061, Chapter 55, sections 55.25(a) and (b), 371.026(c).
361.063, 361.0635, 361.064, 361.0641, 55.27 (except (b)), 55.152(a)(3), (ii) Texas Administrative Code (TAC),
361.066(b) and (c), 361.0666, 361.067, 55.152(b), 55.154, 55.156 (except (d)– Title 30, Environmental Quality, 2015,
361.068, 361.069, 361.078, 361.079, (g)), 55.201 (except as applicable to as amended, effective through December
361.0791, 361.080, 361.081, 361.082 contested case hearings), and 55.211 31, 2014: Chapter 305, sections 305.53,
(except 361.082(a) and (f)), 361.083, (except as applicable to contested case 305.64(b)(4), and 305.69(b)(1)(A) (as it
361.0833, 361.084, 361.085, 361.0861(c), hearings); relates to the Application Fee); Chapter
361.0871(b), 361.088, 361.0885, 361.089 Chapter 70, section 70.10; 335, sections 335.321 through 335.332,
(2015 Cumulative Annual Pocket Part), Chapter 281, sections 281.1 (except Appendices I and II, and 335.401
361.090, 361.095(b)-(f), 361.096, the clause ‘‘except as provided by . . . through 335.412.
361.097, 361.098, 361.099(a), 361.100, Prioritization Process)’’), 281.2 (4) Unauthorized State amendments
361.101, 361.102 through 361.109, introductory paragraph and (4), 281.3(a) and provisions. (i) The following
361.113, 361.114, 361.116, 361.271 and (b), 281.5 (except the clause authorized provisions of the Texas
(2015 Cumulative Annual Pocket Part), ‘‘Except as provided by . . . Discharge regulations include amendments
361.272 through 361.275, 361.278, Permits)’’ and the phrases ‘‘subsurface published in the Texas Register that are
361.301, 361.321(a) and (b), 361.321(c) area drip dispersal systems’’ and not approved by EPA. Such
(except the phrase ‘‘Except as provided ‘‘radioactive material’’ in the unauthorized amendments are not part
by Section 361.322(a)’’), 361.321(d), introductory paragraph), 281.17(d) of the State’s authorized program and
361.321(e) (except the phrase ‘‘Except as (except the references to radioactive are, therefore, not Federally enforceable.
provided by Section 361.322(e)’’), material licenses), 281.17(e) and (f), Thus, notwithstanding the language in
361.451, 361.501 through 361.506, and 281.18(a) (except for the sentence ‘‘For the Texas hazardous waste regulations
361.509(a) introductory paragraph, applications for radioactive . . . within incorporated by reference at paragraph
(a)(11), (b), (c) introductory paragraph, thirty days.’’), 281.19(a) (except the last (c)(1)(i) of this section, EPA will enforce
and (c)(2); Chapter 371, Texas Used Oil sentence), 281.19(b) (except the phrase the State provisions that are actually
Collection, Management, and Recycling ‘‘Except as provided in subsection (c) of authorized by EPA. The effective dates
Act, sections 371.0025(b) and (c), this section,’’), 281.20, 281.21(a) (except of the State’s authorized provisions are
371.024(a), (c) and (d), 371.026(a) and ‘‘and 32’’ and the phrase ‘‘and the Texas listed in the Table below. The actual
(b), and 371.028. Radiation Control Act.’’), 281.21(b), State regulatory text authorized by EPA
(ii) Texas Water Code (TWC), as 281.21(c) (except the phrase (i.e., without the unauthorized
amended effective September 1, 2015: ‘‘radioactive materials,’’ in 281.21(c)(2)), amendments) is available as a separate
Chapter 5, sections 5.102 through 5.105, 281.21(d), 281.22(a) (except the phrase document, Addendum to the EPA-
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5.112, 5.177, 5.351, 5.501 through 5.505, ‘‘For applications for radioactive . . . to Approved Texas Regulatory and
5.509 through 5.512, 5.515, and 5.551 deny the license.’’), 281.22(b) (except Statutory Requirements Applicable to
through 5.557; Chapter 7, sections the phrase ‘‘or an injection well,’’ in the the Hazardous Waste Management
7.031, 7.032, 7.051(a), 7.052(a), 7.052(c) first sentence and the phrase ‘‘For Program, December, 2015. Copies of the
and (d), 7.053 through 7.062, 7.064 underground injection wells . . . the document can be obtained from EPA
through 7.069, 7.075, 7.101, 7.102, same facility or activity.’’), 281.23(a), Region 6, 1445 Ross Avenue, Suite
7.104, 7.105, 7.107, 7.110, 7.162, 7.163, and 281.24; 1200, Dallas, TX 75202–2733.
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305.50(a)(2)); 305.50(a)(4) (December 31, Chapter 324, Subchapter A—Used Oil Chapter 335, Subchapter D—Standards
2012); 305.50(a)(5)–(a)(8); 305.50(a)(13)– Recycling, Sections 324.1; 324.2 (except Applicable to Transporters of Hazardous
(a)(16); 305.50(b); 305.51; 324.2(2)); 324.3 (except 324.3(5)); 324.4; Waste, Sections 335.91 (except (e)); 335.92;
Chapter 305, Subchapter D—Amendments, 324.6; 324.7; 324.11 through 324.16; 324.21; 335.93 (except (e)); 335.93(e) (December 31,
Renewals, Transfers, Corrections, Revocation, 324.22(d)(3); 1999); 335.94;
and Suspension of Permits, Sections 305.61; Chapter 335, Subchapter A—Industrial Chapter 335, Subchapter E—Interim
305.62(a) (except the phrase in the first Solid Waste and Municipal Hazardous Waste
sentence ‘‘§ 305.70 of this title . . . Solid Standards for Owners and Operators of
in General, Sections 335.1 introductory
Waste Class I Modifications’’ and the fifth paragraph–(4), (6)–(12), (16)–(19), (23), (24), Hazardous Waste Treatment, Storage, or
sentence ‘‘If the permittee requests a (26)–(30), (33), (35)–(38), (40)–(47), (48) Disposal Facilities, Sections 335.111; 335.112
modification of a municipal solid waste (except for the phrase ‘‘or is used for (except (a)(17)); 335.113; 335.115 through
permit . . . § 305.70 of this title.’’); 305.62(b); neutralizing the pH of non-hazardous 335.128;
305.62(c) introductory paragraph (except the industrial solid waste’’), (49)–(51), (53)–(58), Chapter 335, Subchapter F—Permitting
phrase ‘‘other than . . . subsection (i) of this (60)–(64), (66), (67), (70)–(79), (81)–(115) Standards for Owners and Operators of
section’’); 305.62(c)(1); 305.62(c)(2) (except the phrase ‘‘solid waste or’’ at (89), Hazardous Waste Treatment, Storage, or
introductory paragraph; 305.62(c)(2)(A) (91), (92), (94), (95), and (100)), (117)–(119) Disposal Facilities, Sections 335.151 through
(except the phrase ‘‘except for Texas (except the phrase ‘‘solid waste or’’ at (117)), 335.153; 335.155 (except 335.155(1));
Pollutant Discharge Elimination System (123)–(128) (except the phrase ‘‘solid waste
(TPDES) permits,’’); 305.62(c)(2)(B) (except 335.155(1) (40 TexReg 77, effective January 8,
or’’ at (124)), (130), (132)–(136), (138)–
the phrase ‘‘except for TPDES permits,’’); 2015 (August 22, 2014 proposed rule (39
(140)(A)(iii), (140)(A)(iv) introductory
305.62(d) (except (d)(6)); 305.62(e)–(h); paragraph (except the last sentence), TexReg 6376))); 335.156 through 335.179;
305.63(a) (except the last sentence of (a)(3), (140)(B)–(G) (except the phrase ‘‘Except for Chapter 335, Subchapter G—Location
and (a)(7)); 305.64(a); 305.64(b) (except (b)(4) materials described in subparagraph (H) of Standards for Hazardous Waste Storage,
and (b)(5)); 305.64(c) and (e); 305.64(g); this paragraph.’’ at (D) and (G) introductory Processing, or Disposal, Sections 335.201(a)
305.65; 305.66(a) (except (a)(7)–(a)(9)); paragraphs),), (140)(I) and (J), (141), (142), (except (a)(3)); 335.201(c); 335.202
305.66(d); 305.67(a) and (b); 305.69(a); (144)–(154) (except the phrase ‘‘solid waste introductory paragraph; 335.202(2), (4), (9)–
305.69(b) (except the phrases ‘‘Additional or’’ at (147), (150) and (152)), (155)–(159) (11), (13), and (15)–(18); 335.203; 335.204(a)
Contents of Application for an Injection Well (except the phrase ‘‘or industrial solid’’ at introductory paragraph–(a)(5); 335.204(b)(1)–
Permit’’ and ‘‘Waste Containing Radioactive (155), (158), and (159)), (161)–(170) (except
Materials; and Application Fee’’ at (b)(1)(A)); (6); 335.204(c)(1)–(5); 335.204(d)(1)–(5);
the phrase ‘‘solid waste or’’ at (164)), (171) 335.204(e) introductory paragraph;
305.69(c); 305.69(d) (except (d)(7)); (except the phrase ‘‘or industrial solid’’ at
305.69(e)–(h); 305.69(i)(3) and (i)(4); 335.204(e)(1) introductory paragraph (except
(171)(B)), (172)–(174), and (175) (except the
305.69(j); 305.69(k) (except (k) A.8–A.10); the phrase ‘‘Except as . . . (B) of this
phrase ‘‘solid waste or’’) (40 TexReg 77,
Chapter 305, Subchapter F—Permit paragraph,’’ and the word ‘‘event’’ at the end
effective January 8, 2015); 335.2 (except (b),
Characteristics and Conditions, Sections of the paragraph); 335.204(e)(2)–(7);
(d), (h), (k) and (n)); 335.4; 335.5 (except (d));
305.121 (except the phrases ‘‘radioactive 335.204(f); 335.205(a) introductory
335.6(a); 335.6(b) (January 1, 1997); 335.6(c);
material disposal’’ and ‘‘subsurface area drip paragraph–(a)(2) and (e);
335.6(d) (except the last sentence) (January 1,
dispersal systems’’); 305.122 (except (e)); Chapter 335, Subchapter H—Standards for
1994); 335.6(e) (January 1, 1994); 335.6(f) and
305.124; 305.125 introductory paragraph;
(g); 335.6(h) (except the third sentence); the Management of Specific Wastes and
305.125(2) and (4); 305.125(5) (except the
second sentence); 305.125(6)–(8); 305.125(9) 335.6(i) and (j); 335.7; 335.8(a)(1) and (2); Specific Types of Facilities, Sections
(except (9)(C)); 305.125(10) (except the 335.9(a) (except (a)(2) and (3)); 335.9(a)(2) 335.211(a) (40 TexReg 77, effective January 8,
phrases ‘‘and 32’’ and ‘‘and 401.603’’); and (3) (January 1, 1997); 335.9(b) (January 1, 2015); 335.211(b) and (c); 335.212 through
305.125(11) (except the phrase ‘‘as otherwise 1994); 335.10(a) and (b); 335.11(a); 335.12(a); 335.214; 335.221 through 335.225;
required by Chapter 336 of this title’’ relative 335.13(a) (January 1, 1997); 335.13(c) and (d) 335.241(except (b)(4)); 335.251; 335.261
to Radioactive Substances in (11)(B)); (January 1, 1994); 335.13(e) and (f) (January (except (b) introductory paragraph, (b)(6),
305.125(12)–(19), and (21); 305.127 1, 1997); 335.13(g) (January 1, 1994);
(b)(15) and (e)); 335.261(b) introductory
introductory paragraph; 305.127(1)(B)(iii); 335.13(k); 335.14; 335.15 introductory
paragraph, (b)(6), and (b)(15) (40 TexReg 77,
305.127(1)(E) and (F); 305.127(2); paragraph (January 1, 1994); 335.15(1);
335.15(3) (except two references to ‘‘Class 1 effective January 8, 2015 (August 22, 2014
305.127(3)(A) (except the last two sentences); proposed rule (39 TexReg 6376))); 335.271;
305.127(3)(B) and (C); 305.127(4)(B); Waste’’ at introductory paragraph); 335.17(a);
335.18(a); 335.19 (except 335.19(d)); 335.20 335.272;
305.127(5)(C); 305.128;
Chapter 305, Subchapter G—Additional through 335.23(1); 335.23(2) (January 1, Chapter 335, Subchapter O—Land Disposal
Conditions for Hazardous and Industrial 1994); 335.24(a)–(f); 335.24(m) and (n); Restrictions, Section 335.431 (except (c)(1);
Solid Waste Storage, Processing, or Disposal 335.29 through 335.31; 335.431(c)(1) (39 TexReg 6376, effective
Permits, Sections 305.141 through 305.145; Chapter 335, Subchapter B—Hazardous August 22, 2014 (August 22, 2014 proposed
305.150; Waste Management General Provisions, rule (39 TexReg 6376)));
Chapter 305, Subchapter I—Hazardous Sections 335.41(a)–(c); 335.41(d) Chapter 335, Subchapter R—Waste
Waste Incinerator Permits, Sections 305.171 introductory paragraph and (d)(2)–(4); Classification, Sections 335.504 (except
through 305.176; 335.41(d)(1) (December 31, 2001); 335.41(e)– 335.504(1)); 335.504(1) (40 TexReg 77,
Chapter 305, Subchapter J—Permits for (j); 335.43(a); 335.44; 335.45; 335.47 (except
effective January 8, 2015 (August 22, 2014
Land Treatment Demonstrations Using Field (b) and second sentence in (c)(3)); 335.47(b)
proposed rule (39 TexReg 6376)));
Tests or Laboratory Analyses, Sections (December 31, 1999);
Chapter 335, Subchapter C–Standards Chapter 335, Subchapter U—Standards For
305.181 through 305.184;
Chapter 305, Subchapter K—Research, Applicable to Generators of Hazardous Owners and Operators Of Hazardous Waste
Development, and Demonstration Permits, Waste, Sections 335.61 (except (f)); 335.62; Facilities Operating Under A Standard
Sections 305.191 through 305.194; 335.63; 335.65 through 335.68; 335.69 Permit, Sections 601 and 602.
Chapter 305, Subchapter L—Groundwater (except ‘‘and (n)’’ in (a) introductory Copies of the Texas regulations that are
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Compliance Plan, Section 305.401(c); paragraph, (i), and (n)); 335.70; 335.71; incorporated by reference are available from
Chapter 305, Subchapter Q—Permits for 335.73 through 335.75; 335.76 (except (h)); Thomson Reuters, 610 Opperman Drive,
Boilers and Industrial Furnaces Burning 335.77; 335.78(a); 335.78(b) (January 1, 1997); Eagan, MN 55123; Phone: 1–888–728–7677;
Hazardous Waste, Sections 305.571 through 335.78(c); 335.78(d) (except (d)(2)); 335.78(e) website: http://legalsolutions.thomson
305.573; introductory paragraph (January 1, 1997); reuters.com.
Chapter 305, Subchapter R—Resource 335.78(e)(1) and (2); 335.78(f) (except
Conservation and Recovery Act Standard 335.78(f)(2)); 335.78(f)(2) (January 1, 1997); * * * * *
Permits for Storage And Treatment Units, 335.78(g) (except (g)(2)); 335.78(g)(2) (January [FR Doc. 2018–22998 Filed 10–23–18; 8:45 am]
Sections 305.650 through 305.661; 1, 1997); 335.78(h)–(j); 335.79; BILLING CODE 6560–50–P
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Document Created: 2018-10-24 00:26:07
Document Modified: 2018-10-24 00:26:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on this proposed rule must be received by November 23, 2018. | |
| Contact | Alima Patterson, EPA Region 6 Regional Authorization/Codification Coordinator, RCRA Permit Section (6MM-RP), Multimedia Division, EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, Phone number: (214) 665-8533, and Email | |
| FR Citation | 83 FR 53595 | |
| CFR Citation | 40
CFR
271 40 CFR 272 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Hazardous Materials Transportation; Incorporation by Reference; Water Pollution Control and Water Supply |
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