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[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Rules and Regulations]
[Pages 13200-13205]
From the Federal Register Online via the Government Printing 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: patterson.alima@epa.gov.
    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 
patterson.alima@epa.gov.

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]]

------------------------------------------------------------------------
                                 Federal Register
    Description of federal        date and page
     requirement  (include         (and/or RCRA       Analogous state
    checklist , if         statutory            authority
           relevant)                authority)
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P
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