[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Rules and Regulations]
[Pages 13200-13205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5376]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2011-0478; FRL-9643-7]
Texas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Texas has applied to the EPA for Final
authorization of the changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has determined that
these changes satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize
the changes without a prior proposal because we believe this action is
not controversial and do not expect comments that oppose it. Unless we
receive written comments which oppose this authorization during the
comment period, the decision to authorize Texas' changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect, and a separate document
in the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This final authorization will become effective on May 7, 2012
unless the EPA receives adverse written comment by April 5, 2012. If
the EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: [email protected].
3. Mail: Alima Patterson, Region 6, Regional Authorization
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, 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 CBI
or otherwise protected through regulations.gov, or email. The Federal
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 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. You can view and
copy Texas' application and associated
[[Page 13201]]
publicly available materials from 8:30 a.m. to 4 p.m. Monday through
Friday at the following locations: Texas Commission on Environmental
Quality, (TCEQ) 12100 Park S. Circle, Austin, TX 78753-3087, (512) 239-
6079 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
phone number (214) 665-8533. Interested persons wanting to examine
these documents should make an appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, (214) 665-8533, EPA Region
1445 Ross Avenue, Dallas, Texas 75202-2733, and email address
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
B. What decisions have we made in this rule?
We conclude that the State of Texas' application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant the State of
Texas Final Authorization to operate its hazardous waste program with
the changes described in the authorization application. The State of
Texas has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that the
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 today's authorization decision?
The effect of this decision is that a facility in the State of
Texas subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. The State of Texas has enforcement responsibilities
under its State hazardous waste program for violations of such program,
but the EPA retains its authority under RCRA sections 3007, 3008, 3013,
and 7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions after notice to and consultation
with the State.
This action does not impose additional requirements on the
regulated community because the regulations for which the State of
Texas is being authorized by today's action are already effective under
State law, and are not changed by today's action.
D. Why wasn't there a proposed rule before today's rule?
The EPA did not publish a proposal before today's 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
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. For what has Texas previously been authorized?
The State of Texas initially received final authorization on
December 26, 1984 (49 FR 48300), to implement its Base Hazardous Waste
Management Program. This authorization was clarified in a notice
published March 26, 1985 (50 FR 11858). Texas received authorization
for revisions to its program, effective October 4, 1985 (51 FR 3952),
February 17, 1987 (51 FR 45320), March 15, 1990 (55 FR 7318), July 23,
1990 (55 FR 21383), October 21, 1991 (56 FR 41626), December 4, 1992
(57 FR 45719), June 27, 1994 (59 FR 16987), June 27, 1994 (59 FR
17273), November 26, 1997 (62 FR 47947), December 3, 1997 (62 FR
49163), October 18, 1999 (64 FR 44836), November 15, 1999 (64 FR
49673), September 11, 2000 (65 FR 43246), June 14, 2005 (70 FR 34371),
December 29, 2008, (73 FR 64252), and July 13, 2009 (74 FR 22469). The
EPA incorporated by reference Texas' then authorized hazardous waste
program effective December 3, 1997 (62 FR 49163), November 15, 1999 (64
FR 49673), December 29, 2008 (73 FR 64252) and March 7, 2011 (76 FR
12285) effective May 6, 2011.
On March 24, 2010, Texas submitted a final complete program
revision application, seeking authorization of its program revision in
accordance with 40 CFR 271.21. In 1991, Texas Senate Bill 2 created the
Texas Natural Resource Conservation Commission (TNRCC) which combined
the functions of the former Texas Water Commission and the former Texas
Air Control Board. The transfer of functions to the TNRCC from the two
agencies became effective on September 1, 1993. House Bill 2912,
Article 18 of the 77th Texas Legislature, 2001, changed the name of the
TNRCC to the Texas Commission on Environmental Quality (TCEQ) and
directed the TNRCC to adopt a timetable for phasing in the change of
the agency's name. The TNRCC decided to make the change of the agency's
name to the TCEQ effective September 1, 2002. The change of name became
effective September 1, 2002, and the legislative history of the name
change is documented at (See, Act of June 15, 2001, 77th Leg. R. S., Ch
965, Section 18.01, 2001 Tex. Gen. Laws 1985). The
[[Page 13202]]
TCEQ may perform any act authorized by law either as the TNRCC or as
the TCEQ. Id. Therefore, references to the TCEQ are references to TNRCC
and to its successor, the TCEQ.
The TCEQ has primary responsibility for administration of laws and
regulations concerning hazardous waste. The official State regulations
may be found in Title 30, Texas Administrative Code, Chapters 305 and
335, effective October 29, 2009. Some of the State rules incorporate
the Federal regulations by reference. Texas Water Code Section 5.102
confers on the Texas Commission on Environmental Quality the powers to
perform any acts necessary and convenient to the exercise of its
jurisdiction. The TCEQ is authorized to administer the RCRA program.
However, the Railroad Commission (RRC) has jurisdiction over the
discharge, storage, handling, transportation, reclamation, or disposal
of waste materials (both hazardous and non hazardous) that result from
the activities associated with the exploration, development, or
production of oil or gas or geothermal resources and other activities
regulated by the RRC. A list of activities that generate wastes that
are subject to the jurisdiction of the RRC is found at 16 Tex. Admin.
Code Section 3.8(a)(30) and at 30 Tex. Admin. Code Sec. 335.1. Such
wastes are termed ``oil and gas wastes.'' The TCEQ has responsibility
to administer the RCRA program, however, hazardous waste generated at
natural gas or natural gas liquids processing plants or reservoir
pressure maintenance or repressurizing plants are subject to the
jurisdiction of the TCEQ until the RRC is authorized by EPA to
administer those waste under RCRA. The TCEQ jurisdiction over Solid
waste can be found at Chapter 361 of the Texas Health and Safety Code
Sections 361.001 through 361.754. The TCEQ's jurisdiction encompasses
both hazardous and nonhazardous, industrial and municipal Solid waste.
The definition of Solid waste can be found at Texas Health and Safety
Code Section 361.003(34). When the RRC is authorized by EPA to
administer the RCRA program for these wastes, jurisdiction over such
hazardous waste will transfer from the TCEQ to the RRC. The EPA has
designated the TCEQ as the lead agency to coordinate RCRA activities
between the two agencies. The EPA is responsible for the regulation of
any hazardous waste for which TCEQ has not been previously authorized.
Further clarification of the jurisdiction between the TCEQ and the
RRC can be found in a separate document. This document, a Memorandum of
Understanding (MOU), became effective on May 31, 1998.
The TCEQ has the rules necessary to implement EPA's RCRA Clusters
XVI through XVIII including Post-Closure Permit Requirement and Closure
Process (Checklist 174) and also Hazardous Air Pollutant Standards for
Combustors: Interim Standards (Checklist 197) revisions to the Federal
Hazardous Waste Program promulgated from October 22, 1998, February 13,
2002 and July 1, 2005 through June 30, 2008. The adoption for RCRA
Clusters XVI through XVIII with Checklists 174 and 197 include changes
to 30 Texas Administrative Code Chapters 305 and 335. The Commissioners
adopted these rules on July 25, 2007 and the rules became effective on
October 29, 2009. The TCEQ authority to incorporate Federal rules by
reference can be found at Texas Government Code Annotated Section
311.027 (Vernon 1998) and adoption of the hazardous waste rules in
general are pursuant to the following statutory provisions: Tex. Water
Code Ann. Sections 5.1032000), effective September 1995, as amended
(TCEQ's authority to adopt any rules necessary to carry out its powers
and duties). Texas did not adopt the Federal regulations 40 CFR part
266, subpart N, Appendix III and also Appendices IV through XIII.
Therefore, the State is not authorized for those regulations. The State
has not made program revisions to the Federal Used Oil regulations in
Checklist 214 therefore, EPA is excluding this portion of the Federal
regulations from this Federal Register notice.
G. What changes are we approving with today's action?
On March 24, 2010, the State of Texas submitted a final complete
program application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
the State of Texas' hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization. The
State of Texas revisions consist of regulations which specifically
govern Federal Hazardous Waste revisions promulgated from October 22,
1998, February 13, 2002 and July 1, 2005 through June 30, 2008. The
adoption for RCRA Clusters XVI through XVIII with Checklists 174 and
197 are included in a chart with this document.
[[Page 13203]]
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Federal Register
Description of federal date and page
requirement (include (and/or RCRA Analogous state
checklist , if statutory authority
relevant) authority)
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1. Post-Closure Permits 63 FR 56710- Texas Water Code
Requirement and Closure 56735, October Annotated Sections
Process. (Checklist 174). 22, 1998. 5.103 and 5.105,
7.031, Texas Health
& Safety Code
Annotated Section
361.024, 361.082;
Texas Administrative
Code, Chapter
335.151(d),
335.2(m), 335.151(e)
and 335.156(a)(3)
intro,
335.156(a)(3)(A),
335.1(9),
335.151(e)(2) and
335.156(a)(3)(B),
IBR at
335.152(a)(5),
335.151(e) intro,
335.151(f) and
335.156(a)(4),
335.151(e)(1),
335.151(e)(2),
335.7, 335.167(c),
335.179(a), 37.11,
37 Subchapter P
(37.6001 et seq.),
IBR at 335.112(a)(5)
and 335.116(g)
intro,
335.116(g)(1),
335.116(g)(2),
335.112(a)(6),
335.111(e)(1) intro,
335.111(e)(2),
335.111(d) intro,
335.111(d)(1),
335.111(d)(2),
336.167(c),
335.111(d)(3),
Chapter 39 Subpart
N, 335.118(c),
335.119(c), Chapter
39 Subchapter N,
335.7,
335.111(d)(4),
335.167(c),
335.179(a), 37.11,
37 Subchapter P
(37.6001 et seq.),
335.2(i), 305.2(28),
335.1(117), 305.41,
305.50(a) intro,
305.50(a)(4)(A) and
305.50(b) intro,
305.50(b)(1)-(3),
305.2(1), 305.42(a),
305.43(b), 305.47,
305.50(b)(5)-(b)(7),
305.156(a)(1) &
(a)(2), as amended
effective through
October 29, 2009.
2. Hazardous Air Standards for 67 FR 6792-6818 Texas Water Code
Combustors: Interim February 13, Annotated Sections
Standards. (Checklist 197). 2002. 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Section
361.017 and 361.024;
Texas Administrative
Code, Chapters
335.152(a)(13),
335.112(a)(14),
335.221(a)(1),
305.50(a)(4)(A),
305.571(b), 305.175,
305.571(b) and
305.572(a)(6), as
amended effective
through October 29,
2009.
3. Universal Waste Rule: 70 FR 45508- Texas Water Code
Specific Provisions for 45522, August 5, Annotated Sections
Mercury Containing Equipment. 2005. 5.103 and 5.105,
(Checklist 209). Texas Health &
Safety Code
Annotated Section,
361.017 and 361.024,
Texas Administrative
Code, Chapters
335.261(b)(16)(F)(ii
i), 335.1(162),
335.431(b)(3), and
335.261(a), as
amended effective
through October 29,
2009.
4. Standardized Permit for 70 FR 53420- Texas Water Code
RCRA Hazardous Waste 53478, September Annotated Sections
Management facilities. 8, 2005. 5.103 and 5.105
(Checklist 210). Texas Health &
Safety Code
Annotated Sections
361.017 and 361.024
Texas Administrative
Code, Chapters
39.503,
39.403(b)(1),
335.1(111), 335.602,
335.1(142), 335.1,
305.661, 39.503(a),
39.503(a)(2),
39.503(c), 305.650,
305.651, 305.42(f),
50.133, 305.651,
305.653(b), 55.156
and 50.117(f),
50.139, 305.661,
335.1(59), 305.150
and 335.31, 335.504,
335.601,
335.602(a)(1)-(6),
335.602(c),
335.602(a)(7)-(9),
335.2(c), 305.42(b),
305.63(a),
305.64(g),
305.69(b)(1)(c),
305.66(a), 305.65,
305.650, 305.651,
305.652, 305.653,
305.654, 305.655,
305.656, 305.657,
305.658, 305.659,
305.660 and 305.661,
as amended effective
through October 29,
2009.
5. Revision of Wastewater 70 FR 57769- Texas Water Code
Treatment Exemptions for 57785, October Annotated Sections
Hazardous Waste Mixtures 4, 2005. 5.103 and 5.105,
(``Headworks exemption''). Texas Health &
(Checklist 211). Safety Code
Annotated Sections
361.017 and 361.024,
Texas Administrative
Code Chapter
335.504, as amended
effective through
October 29, 2009.
6. NESHAP: Final Standards for 70 FR 59402- Texas Water Code
Hazardous Waste Combustors 59579, October Annotated Sections
(Phase I Final Replacement 12, 2005. 5.103 and 5.105,
Standards and Phase II). Texas Health &
(Checklist 212). Safety Code
Annotated Sections
361.017 and 361.024,
Texas Administrative
Code, Chapters
305.150,
335.152(a)(13),
335.112(a)(14),
335.221(a)(3),
305.150,
305.50(a)(15),
305.50(a)(4)(A),
305.571(b) and
305.50(a)(4)(A),
305.50(a)(16),
305.69(i)(1),
305.69(k)(L)(10),
305.175, 305.571,
and 305.572(a)(6),
as amended effective
through October 29,
2009.
7. Burden Reduction 71 FR 16862- Texas Water Code
Initiative. (Checklist 213). 16915, April 4, Annotated Sections
2006. 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Sections
361.017 and 361.024,
Texas Administrative
Code, Chapters
335.504,
335.1(134)(A)(iv),
IBR 335.2(g),
335.152(a)(1),
335.152(a)(3)-(4),
335.164(7)(B)-(C),
335.165(6)-(7),
335.166(7),
335.152(a)(5)-(8),
335.152(a)(10),
335.172(b),
335.175(a),
335.175(b)-(d),
335.175(c),
335.152(a)(13)-(15),
335.152(a)(18),
335.152(a)(20),
335.112(a)(1),
335.112(a)(3)-(13),
335.125(a),
335.125(b)-(f),
335.125(f),
335.112(a)(18),
335.112(a)(20),
335.112(a)(22),
335.221(a)(6),
335.224(11),
335.221(a)(14),
335.431(c)(1),
305.45(a)(6) and
305.50(a)(1),
305.144(1),
305.69(k)(O)
Appendix I, as
amended effective
through October 29,
2009.
[[Page 13204]]
8. Corrections to Errors in 71 FR 40254- Texas Water Code
the Code of Federal 40280, July 14, Annotated Sections
Regulations. (Checklist 214). 2006. 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Sections
361.017 and 361.024,
Texas Administrative
Code, Chapters
335.1(76),
335.1(112),
335.1(162),
335.1(167),
335.29(4), 335.22,
335.23, 335.504(1),
335.504(1),
335.504(3),
335.504(2),
335.29(4),
335.29(3),
335.69(a)(1)(D),
335.13, 335.13(h),
335.76,
335.41(d)(4),
335.76(h),
335.24(b),
335.152(a)(1),
335.163(1)(A),
335.163(1)(A)(i),
335.163(9)(E),
335.164(1)(B),
335.164(7)(D)(i),
335.165(11),
335.152(a)(5),
335.179(b),
37.211(f),
37.211(g),
37.241(f),
37.201(f)(1)-(2),
37.231(f), 37.261(a)-
(e), 37.231(a),
37.211(c), 37.651,
37.351, 37.661(2),
37.661(13)-(14),
37.531(c)-(d),
37.621, 37.311,
37.611, 37.671(a),
37.671(3),
37.671(12),
37.671(16),
335.152(a)(8),
335.168(c),
335.29(2)
335.168(e)(1)(A)-(C)
, 335.152(a)(9)-
(10), 335.170(a)(1),
335.152(a)(10),
335.172(c)(7),
335.172(d),
335.152(a)(11),
335.173(a)(3),
335.173(e)(1)(b),
335.152(a)(12),
335.175(d)(2),
335.152(a)(13)-(20)
335.112,
335.112(a)(1),
335.112(a)(3),
335.116(d),
335.118(b),
335.112(a)(6),
37.6001, 37.6021,
37.531,
335.112(a)(8)-(13),
335.125,
335.112(a)(16),
335.112(a)(18)-(19),
335.112(a)(21),
335.112(a)(22),
335.112(a)(24)(A),
(D), and (E),
334.241(a), 335.251,
335.221(a)(1),
335.223(a),
335.221(a)(6),
335.221(a)(8),
335.221(a)(10),
335.224(5),
335.221(a)(11),
335.221(a)(13),
335.221(a)(17),
335.221(a)(20),
37.351,
335.431(c)(1),
Chapter 335 Index,
335.2(a)-(c),
335.47(a)(1),
335.41(d)(2),
335.1(105),
335.1(123),
305.50(a)(8),
305.44(b),
305.45(a)(7)(G),
305.50(a)(4)(A),
305.122(a),
335.201(a),
305.69(e)(2)(A),
306.69 Appendix I,
305.42(b),
335.261(b)(16)(F),
335.261(a), Chapter
324, as amended
effective through
October 29, 2009.
9. Cathode Ray Tubes Rule. 71 FR 42928- Texas Water Code
(Checklist 215). 42949, July 28, Annotated Sections
2006. 5.103 and 5.105,
7.031, Texas Health
& Safety Code
Annotated Section
361.024, 361.082;
Texas Administrative
Code, Chapters
335.1(17),
335.1(35),
335.1(36),
335.1(37),
335.1(138)(A)(iv),
as amended effective
through October 29,
2009.
10. Exclusion of Oil-Bearing 73 FR 57-72, Texas Water Code
Secondary Materials Processed January 2, 2008. Annotated Sections
in a Gasification System to 5.103 and 5.105,
Produce Synthesis Gas. Texas Health &
(Checklist 216). Safety Code
Annotated Section
361.017 and 361.024;
Texas Administrative
Code, Chapter
335.1(64),
335.504(1), as
amended effective
through October 29,
2009.
11. NESHAP: Final Standards 73 FR 18970- Texas Water Code
for Hazardous Waste 18984, April 8, Annotated Sections
Combustors (Phase I Final 2008. 5.103 and 5.105,
Replacement Standards and Texas Health &
Phase II) Amendments. Safety Code
(Checklist 217). Annotated Section
361.017 and 361.024;
Texas Administrative
Code, Chapter
335.152(a)(13) and
335.221(a), as
amended effective
through October 29,
2009.
12. F019 Exemption for 73 FR 31756- Texas Water Code
Wastewater Treatment Sludges 31769, June 4, Annotated Sections
from Auto Manufacturing Zinc 2008. 5.103 and 5.105,
Phosphating Processes. Texas Health &
(Checklist 218). Safety Code
Annotated Section
361.017 and 361.024;
Texas Administrative
Code, Chapter
335.504(2), as
amended effective
through October 29,
2009.
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H. Where are the revised State rules different from the Federal rules?
The State hazardous waste program is at least as equivalent to the
Federal program in all areas, except where the State program is more
stringent and broader in scope. The State of Texas Section 305.50(b)(1)
is more stringent than the Federal program, because the State request
from the owner/operator additional information that the executive
director determines is necessary from 40 CFR 270.14 including post-
closure cost estimates. Chapters 39.503, 305.653(b) through 305.661,
55.25 and 50.117(f) are more stringent than the Federal regulations at
40 CFR 124.207, 124.208 and 124.209 regarding public notice, public
comments and hearing on draft permit decisions and the requirements for
responding to comments. Other State regulations that are also more
stringent than the Federal regulations can be found at Sections
335.175(b)-(d), 335.175(c). There are also some rules that are broader
in scope because they cover both hazardous waste and Class 1 non-
hazardous waste, whereas the Federal regulations cover only hazardous
waste. Other differences contained in the current authorization
application are that of the Standard Permit public notice and financial
assurance requirements are broader in scope. Therefore, EPA cannot
authorize broader in scope provisions because the Agency cannot enforce
those regulations.
I. Who handles permits after the authorization takes effect?
The State of Texas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Texas is
not yet authorized.
[[Page 13205]]
J. How does today's action affect Indian Country (18 U.S.C. 1151) in
Texas?
The State of Texas Hazardous Program is not being authorized to
operate in Indian Country.
K. What is codification and is the EPA codifying Texas' hazardous waste
program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart SS for this authorization of Texas' program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.
L. Administrative Requirements
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
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements under State law and does not impose
any additional enforceable duty beyond that required by State law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4). For the same reason, this action also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective May 7, 2012.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: February 17, 2012.
Al Armendariz,
Regional Administrator, EPA Region 6.
[FR Doc. 2012-5376 Filed 3-5-12; 8:45 am]
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