[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Rules and Regulations]
[Pages 63691-63695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26789]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2015-0109; FRL-9936-00-Region 6]


Texas: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of Texas has applied to the United States 
Environmental Protection Agency (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 direct final rule. In the 
``Proposed Rules'' section of today's Federal Register, EPA is also 
publishing a separate document that serves as the proposal to authorize 
these changes. EPA believes this action is not controversial and does 
not expect comments that oppose it. Unless EPA receives 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 EPA receives comments that oppose this action, EPA 
will publish a document in the Federal Register withdrawing today's 
direct final rule before it takes effect, and the separate document in 
today's ``Proposed Rules'' section of this Federal Register will serve 
as the proposal to authorize the changes.

DATES: This final authorization is effective on December 21, 2015 
unless the EPA receives adverse written comment by November 20, 2015. 
If the EPA receives such comment, EPA will publish a timely withdrawal 
of this direct 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:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Email: [insert name and email address of appropriate 
Regional contact].
     Fax: (prior to faxing, please notify the EPA contact 
listed below).
     Mail: [insert name and address of appropriate Regional 
contact].
     Hand Delivery or Courier: Deliver your comments to [insert 
name and address of appropriate Regional contact].
    Instructions: EPA must receive your comments by November 20, 2015. 
Direct your comments to Docket ID Number 0109. EPA's policy is that all 
comments received will be included in the public docket without change 
and may be made available online at www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI), or other 
information whose disclosure is restricted by statute. 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 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 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, 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 EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses. (For additional information about EPA's public docket, 
visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov, or in hard copy.
    You can view and copy Texas' application and associated publicly 
available materials from 8:30 a.m. to 4 p.m. Monday through Friday at 
the following locations: Texas Commission

[[Page 63692]]

on Environmental Quality, (TCEQ) 12100 Park S. Circle, Austin, Texas 
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 
6, 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.
    New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) take effect in authorized States at the 
same time that they take effect in unauthorized States. Thus, EPA will 
implement those requirements and prohibitions in the State of Texas, 
including the issuance of new permits implementing those requirements, 
until the State is granted authorization to do so.

B. What decisions have EPA made in this rule?

    On April 3, 2015, the State of Texas submitted a final complete 
program revision application seeking authorization of changes to its 
hazardous waste program that correspond to certain Federal rules 
promulgated between promulgated between June 13, 2011, and January 3, 
2014. The adoption for RCRA Clusters XXI through XXIII (Checklists 227, 
229 and 230). EPA concludes that the State of Texas's application to 
revise its authorized program meets all of the statutory and regulatory 
requirements established by RCRA, as set forth in RCRA section 3006(b), 
42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA grants the State 
of Texas final authorization to operate its hazardous waste program 
with the changes described in the authorization application, and as 
outline below in Section G of this document. The State of Texas has 
responsibility for permitting treatment, storage, and disposal 
facilities (TSDFs) within its borders (except in Indian Country). In 
today's action under Section 18 U.S.C. 1151 does not affect Indian 
Country. Because the State of Texas Hazardous waste Program is not 
being authorized to operate in Indian Country and for carrying out the 
aspects of the RCRA program described in its revised program 
application, subject to the limitations of HSWA, as discussed above). 
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, EPA will implement those requirements and 
prohibitions in the State of 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 is EPA using a direct final rule?

    Along with this direct final rule, EPA is publishing a separate 
document in the ``Proposed Rules'' section of today's Federal Register 
that serves as the proposal to authorize these State program changes. 
EPA did not publish a proposal before today's rule because EPA views 
this as a routine program changes and does not expect comments. EPA 
also views the State of Texas program revisions as noncontroversial 
action and anticipate no adverse comment.
    EPA is providing an opportunity for public comment now, as 
described in Section E of this document.

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

    If the EPA receives comments that oppose this authorization, EPA 
will withdraw today's direct final 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 section, after considering 
all comments received during the comment period. EPA 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 EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program, EPA 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

[[Page 63693]]

(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), March 
7, 2011 (76 FR 12285) effective May 6, 2011 and March 6, 2012 (77 FR 
13200) effective May 7, 2012 and September 3, 2014 (79 FR 52220-52224) 
effective November 3, 2014.
    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 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, 324 
and 335, effective February 21, 2013. Some of the State rules 
incorporate the Federal regulations by reference. Texas Water Code 
Section 5.103 and Section 5.105 and Texas Health and Safety Code 
Section 361.017 and Section 361.024 confer 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 Texas Health and Safety Code Section 401.415. 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 that waste under RCRA. The TCEQ jurisdiction over Solid 
waste can be found at Chapter 361, Sections 361.001 through 361.754 of 
the Texas Health and Safety Code. The TCEQ's jurisdiction encompasses 
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 
XXI through XXIII, excluding the Hazardous Waste Technical Corrections 
and Clarification Rule in Cluster XXII (Checklist 228), because the 
TCEQ needs to make a technical corrections to their adoption of the 
rule. The State is seeking authorization for Revision of the Land 
Disposal Treatment Standards for Carbamate Wastes (Checklist 227), 
Conditional Exclusion for Solvent Contaminated Wipes (Checklist 229) 
and Conditional Exclusion for Carbon Dioxide (CO2) Streams 
in Geologic Sequestration Activities (Checklist 230). The Commissioners 
adopted revisions to the Federal hazardous waste standards promulgated 
between June 13, 2011, and January 3, 2014. TCEQ regulations 30 Texas 
Administrative Code Chapter 335 were revised to include these revisions 
to the RCRA Clusters XXI through XXIII. The TCEQ adopted the Federal 
regulations on December 10, 2014. The revisions were published in the 
Texas Register on January 2, 2015 and became effective on January 8, 
2015. The TCEQ authority to incorporate Federal rules by reference can 
be found at Texas Administrative Code 335 Sections 335.28, 335.29 and 
335.31.

G. What changes EPA authorizing with today's action?

    On April 3, 2015 the State of Texas submitted a final complete 
program revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make direct final decision, 
subject to receipt of written comments that oppose this action that the 
State of Texas' hazardous waste program revision are equivalent to, 
consistent with, and no less stringent than the Federal program, and 
therefore satisfy all of requirements necessary to qualify for final 
authorization. Therefore, EPA grants the State of Texas final 
authorization for RCRA Cluster XXII through XXIII (Checklists 227, 229 
and 230). The State of Texas program revisions consist of regulations 
which specifically govern Federal Hazardous Waste revisions promulgated 
between June 13, 2011, and January 3, 2014 which are listed in the 
chart below.

------------------------------------------------------------------------
                                 Federal Register
    Description of federal        date and page
     requirement  (include         (and/or RCRA       Analogous state
   checklist #, if relevant)        statutory            authority
                                   authority )
------------------------------------------------------------------------
1. Revisions of the Land        76 FR 34147-34157  Texas Water Code
 Disposal Treatment Standards    June 13, 2011.     Annotated Sections
 for Carbamate Wastes.                              5.103 and 5.105,
 (Checklist 227).                                   Texas Health &
                                                    Safety Code
                                                    Annotated Sections
                                                    361.017 and 361.024;
                                                    30 Texas
                                                    Administrative Code,
                                                    Chapter 335 Section
                                                    335.431(c)(1),
                                                    adopted December 10,
                                                    2014 and effective
                                                    January 8, 2015.

[[Page 63694]]

 
2. Conditional Exclusions for   78 FR 46448-46485  Texas Water Code
 Solvent Contaminated Wipes.     July 31, 2013.     Annotated Sections
 (Checklist 229).                                   5.103 and 5.105,
                                                    Texas Health &
                                                    Safety Code
                                                    Annotated Sections
                                                    361.017 and 361.024;
                                                    30 Texas
                                                    Administrative Code,
                                                    Chapter 335 Section
                                                    335.1(104),
                                                    335.1(141),
                                                    335.1(174),
                                                    335.1(140)(A)(iv),
                                                    335.504(1) adopted
                                                    December 10, 2014
                                                    and effective
                                                    January 8, 2015.
3. Conditional Exclusion for    79 FR 350-364      Texas Water Code
 Carbon Dioxide (CO2) Streams    January 3, 2014.   Annotated Sections
 in Geologic Sequestration                          5.103 and 5.105,
 Activities. (Checklist 230).                       Texas Health &
                                                    Safety Code
                                                    Annotated Sections
                                                    361.017 and 361.024;
                                                    30 Texas
                                                    Administrative Code,
                                                    Chapter 335 Section
                                                    335.1(16), and
                                                    335.504(1), adopted
                                                    December 10, 2014
                                                    and effective
                                                    January 8, 2015.
------------------------------------------------------------------------

H. Where are the revised state rules different from the Federal rules?

    The State of Texas hazardous waste program is equivalent to the 
Federal program in all areas except where the State program is broader 
in scope. In the State of Texas, some rules are broader in scope 
because they cover both hazardous waste and Class 1 nonhazardous waste, 
whereas the Federal regulations cover only hazardous waste. Other 
differences which are broader in scope or more stringent contained in 
the past authorization packages include more frequent public notices 
for traditional hazardous waste permits and for Standard Permit; 
financial assurance requirements for persons seeking to acquire a 
hazardous waste permit through transfer, and deferring of variances and 
exemptions from the Land Disposal Restrictions to EPA.

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. EPA will not issue any more new permits or new portions 
of permits for the provisions listed in the chart 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.

J. 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 parts 272. We reserve the amendment of 40 CFR parts 
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 document.

K. Administrative Requirements

    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). 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.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes 
federal

[[Page 63695]]

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, 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 authorizes 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.
    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 nevertheless will be effective December 21, 2015.

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: October 1, 2015.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2015-26789 Filed 10-20-15; 8:45 am]
 BILLING CODE 6560-50-P