[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Rules and Regulations]
[Page 12834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04353]



[[Page 12834]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2018-0506; FRL-10019-76-Region 6]


Texas: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On November 5, 2020, the Environmental Protection Agency (EPA) 
published a Proposed Rule to approve a revision to the State of Texas 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA) and provided for a thirty-day public comment period. The 
public comment period closed on December 7, 2020, and EPA did not 
receive adverse comments. EPA confirms that the program revisions to 
the State of Texas hazardous waste program satisfy all requirements 
needed to qualify for final authorization. No further opportunity for 
comment will be provided.

DATES: This final authorization is effective March 5, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R06-RCRA-2018-0506. All documents in the docket are listed 
on the http://www.regulations.gov website. Although listed in the 
index, some of the information is not publicly available. e.g., 
Confidential Business Information (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 
form. Publicly available docket materials are available electronically 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, EPA Region 6 Regional 
Authorization/Codification Coordinator, RCRA Permits & Solid Waste 
Section (LCR-RP), Land, Chemicals and Redevelopment Division, EPA 
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, phone 
number: (214) 665-8533, email address: [email protected]. Out of 
an abundance of caution for members of the public and our staff, the 
EPA Region 6 office will be closed to the public to reduce the risk of 
transmitting COVID-19. Please call or email the contact listed above if 
you need alternative access to material indexed but not provided in the 
docket.

SUPPLEMENTARY INFORMATION:

A. What changes to Texas' hazardous waste program is EPA authorizing 
with this action?

    On December 5, 2018, the State of Texas submitted a final complete 
program revision application seeking authorization of its program 
revision in accordance with 40 CFR 271.21. EPA is finalizing its 
decision that Texas' hazardous waste program revisions satisfy all the 
requirements necessary to qualify for final authorization. EPA will 
continue to implement and enforce Hazardous and Solid Waste Amendments 
of 1984 (HSWA) provisions for which the State is not authorized. For a 
complete list of rules that become effective with this Final Rule, 
please see the Proposed Rule published in the November 5, 2020, Federal 
Register at 85 FR 70558.

B. 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 Code of Federal Regulations (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 the 
Proposed Rule published in the November 5, 2020, Federal Register at 85 
FR 70558.

C. Administrative Requirements

    This final authorization revises Texas' authorized hazardous waste 
management program pursuant to RCRA section 3006 and imposes no 
requirements other than those currently imposed by State law. For 
further information on how this authorization complies with applicable 
Executive Orders and statutory provisions, please see the Proposed Rule 
published in the November 5, 2020, Federal Register at 85 FR 70558. 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 
final action is effective March 5, 2021.

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 24, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-04353 Filed 3-4-21; 8:45 am]
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