### 12283 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations

J. Executive Order 12898: Federal
Actions To Address Environmental Justice in Minority Populations and Low-Income Population

Executive Order 12898, ‘‘ Federal
Actions to Address Environmental Justice in Minority Populations and Low-Income Populations ’’ (February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, 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. The
Executive Order has informed the development and implementation of EPA’s environmental justice program and policies. Consistent with the
Executive Order and the associated Presidential Memorandum, the Agency’s environmental justice policies promote environmental protection by focusing attention and Agency efforts on addressing the types of environmental harms and risks that are prevalent among minority, low-income and Tribal populations.

This action will not have disproportionately high and adverse
human health or environmental effects on minority, low-income or Tribal populations because it increases the level of environmental protection for all affected populations.

Specifically, EPA’s action would have the affect of standardizing environmental requirements throughout the area, and would not relax environmental requirements in any
subsection of the area.

K. Congressional Review Act

The Congressional Review Act, 5

U.S.C. section 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. EPA will submit a report containing this rule 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 of the rule 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. section 804(2). This rule will be effective May 6, 2011.

L. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the appropriate circuit by May 6, 2011. Filing a petition for reconsideration by
the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements ( see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: November 23, 2010.
Jared Blumenfeld, Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as
follows:

**PART 52 [AMENDED]**

■ 1. The authority citation for Part 52
continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

**Subpart F—California**

■ 2. Section 52.220 is amended by adding paragraph (c)(381) to read as
follows:

**§ 52.220 Identification of plan.**

* * * * *

(c) * * * (381) New and amended regulations were submitted on July 20, 2010, by the Governor’s designee.

(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.

( 1 ) Rule 101, ‘‘Definitions, ’’ adopted on February 23, 2010.

(B) Kern County Air Pollution Control

District.

( 1 ) Rule 102, ‘‘Definitions, ’’ adopted on March 11, 2010.

(C) Ventura County Air Pollution
Control District. ( 1 ) Rule 2, ‘‘Definitions ’’

, ‘‘Exempt Organic Compounds, ’’ revised on January 12, 2010.

* * * * *

[FR Doc. 2011–4914 Filed 3–4–11; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Parts 271 and 272**

**[EPA–R06–RCRA–2010–0587.; FRL–9274–4]**

**Texas: Final Authorization of State initiated Changes and Incorporation by** 
**Reference of State Hazardous Waste Management Program** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Direct final rule.

**SUMMARY :**  During a review of Texas’ regulations, the EPA identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this
Direct Final action.

The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ‘‘Approved State Hazardous Waste Management Programs ’’ to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA’s inspection and enforcement. The rule codifies in the regulations the prior approval of Texas’ hazardous waste management program and incorporates by reference authorized provisions of the State’s statutes and regulations.

**DATES :**  This regulation is effective May 6, 2011, unless the EPA receives adverse
written comment on the codification of the Texas authorized RCRA program by the close of business April 6, 2011. If the EPA receives such comments, it will publish a timely withdrawal of this
direct final rule in the Federal Register informing the public that this rule will not take effect. The incorporation by reference of authorized provisions in the Texas statutes and regulations contained in this rule is approved by the Director of the Federal Register as of May 6, 2011


### 12284 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations

in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R06– RCRA–2010–0587 by one of the following methods:

1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting

comments.

2 E-mail: patterson.alima@epa.gov or banks.julia@epa.gov.

3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification 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, or Julia Banks, Codification 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 http:// www.regulations.gov, or e-mail. The
Federal http://www.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 e-mail comment directly to the EPA without going through http:// www.regulations.gov, your e-mail 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 the
documents that form the basis for this
authorization and codification and associated publicly available materials from 8:30 a.m. to 4 p.m. Monday through Friday at the following location: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, phone number (214) 665–6444. 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, and Julia Banks Codification Coordinator, State/ Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, Phone numbers: (214) 665–8533, and (214) 665–8178, E-mail address: patterson.alima@epa.gov or banks.julia@epa.gov

.

**SUPPLEMENTARY INFORMATION :** 

I. Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

States which have received Final
authorization from the EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. As the Federal program changes, the States must change their programs and ask the EPA to authorize the changes. Changes to State hazardous waste programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to the EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273 and 279.
States can also initiate their own changes to their hazardous waste program and these changes must then be
authorized.

B. What decisions have we made in this
rule?

We conclude that Texas’ revisions to its authorized program meet all of the statutory and regulatory requirements established by RCRA. We found that the State-initiated changes make Texas’
rules more clear or conform more closely to the Federal equivalents and
are so minor in nature that a formal application is unnecessary. Therefore, we grant Texas final authorization to operate its hazardous waste program with the changes described in the table
at Section G below. Texas has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out all authorized aspects of the RCRA program, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of
HSWA take effect in authorized States before they are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in Texas, including issuing permits, until the State is granted
authorization to do so.

C. What is the effect of this
authorization decision?

The effect of this decision is that a facility in 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. 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 regardless
of whether the State has taken its own

actions.

This action does not impose additional requirements on the regulated community because the statutes and regulations for which Texas is being authorized by this direct action are already effective and are not changed by this action.

D. Why wasn’t there a proposed rule before this rule?

The EPA did not publish a proposal
before this 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 this Federal Register

, we are publishing a separate document that proposes to authorize the State program changes.

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

If the EPA receives comments that oppose this authorization or the incorporation-by-reference of the State program, we will withdraw this rule by publishing a timely document in the Federal Register before the rule
becomes effective. The EPA will base any further decision on the authorization of the State programchanges, or the incorporation-byreference, on the proposal mentioned in the previous paragraph. We will then address all public comments in a later


### 12285 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations

final rule. If you want to comment onthis authorization and incorporation-byreference, you must do so at this time. If we receive comments that oppose only the authorization of a particular change to the State hazardous wasteprogram or the incorporation-byreference of the State program, we may withdraw only that part of this rule, but the authorization of the programchanges or the incorporation-byreference of the State program that the comments do not oppose will become effective on the date specified above.
The Federal Register withdrawal document will specify which part of theauthorization or incorporation-byreference of the State program 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). G. What changes are we authorizing
with this action?

The State has made amendments to the provisions listed in the table which follows. These amendments clarify the State’s regulations and make the State’s regulations more internally consistent. The State’s laws and regulations, as amended by these provisions, provide authority which remains equivalent to and no less stringent than the Federallaws and regulations. These Stateinitiated changes satisfy the requirements of 40 CFR 271.21(a). We are granting Texas final authorization to carry out the following provisions of the State’s program in lieu of the Federal program. These provisions are analogous to the indicated RCRA statutory provisions or RCRA regulations found at 40 CFR as of July 1, 2005. The Texas provisions are from the Texas Administrative Code (TAC), Title 30, effective December 31, 2007.

State requirement Analogous Federal requirement

30 TAC 3.2(25) ‘‘ Person ’’ ......................................................................... 40 CFR 260.10 ‘‘ Person ’’ ; 40 CFR 270.2 ‘‘ Person ’’

. 30 TAC 281.21(d) ..................................................................................... 40 CFR 124.6 related; no direct Federal analog. 30 TAC 305.2(20) ‘‘ licensed professional geoscientist ’’ ........................... 40 CFR 260.10 related; no direct Federal analog. 30 TAC 305.45(a)(8) intro.—(a)(8)(B) ...................................................... 40 CFR 270.13(l) related. 30 TAC 305.50(a)(6) ................................................................................ 40 CFR 270.17(b)(1), 270.20(b), 270.21(b)(1)(i). 30 TAC 324.2(8) and (9) .......................................................................... 40 CFR 279.1 related.
30 TAC 324.4 ........................................................................................... 40 CFR 279.12. 30 TAC 324.7 ........................................................................................... 40 CFR 279.30–279.32 (Subpart D). 30 TAC 324.16 ......................................................................................... 40 CFR 279.10(i). 30 TAC 324.21 ......................................................................................... 40 CFR 271.16 related; no direct Federal analog. 30 TAC 335.1(87) ‘‘ Licensed professional geoscientist ’’ .......................... 40 CFR 260.10 related; no direct Federal analog. 30 TAC 335.116, except (g) ..................................................................... 40 CFR 265.90, except (f).
30 TAC 335.123 ....................................................................................... 40 CFR 265.280. 30 TAC 335.156(b)(3)–(b)(5) .................................................................... 40 CFR 264.90(b)(3)–(b)(5).
30 TAC 335.172 ....................................................................................... 40 CFR 264.280.

H. Who handles permits after the authorization takes effect?

This authorization does not affect the status of State permits and those permits issued by the EPA because no new substantive requirements are a part of
these revisions.

I. How does this action affect Indian Country (18 U.S.C. 1151) in Texas?

Texas is not authorized to carry out its Hazardous Waste Program in Indian Country within the State. This authority remains with EPA. Therefore, this action has no effect in Indian Country.

II. Incorporation-by-Reference

A. What is codification?

Codification is the process of placing a State’s statutes and regulations that comprise the State’s authorized hazardous waste management program into the Code of Federal Regulations (CFR). Section 3006(b) of RCRA, as amended, allows the Environmental Protection Agency (EPA) to authorize State hazardous waste management programs to operate in lieu of the Federal hazardous waste management regulatory program. The EPA codifies its authorization of State programs in 40 CFR part 272 and incorporates by reference State statutes and regulations
that the EPA will enforce under sections 3007 and 3008 of RCRA and any other applicable statutory provisions.

The incorporation by reference of State authorized programs in the CFR should substantially enhance the public’s ability to discern the current status of the authorized State program and State requirements that can be Federally enforced. This effort provides clear notice to the public of the scope of the authorized program in each State. B. What is the history of the codification of Texas’ hazardous waste management program?

The EPA incorporated by reference
Texas’ then authorized hazardous waste program effective December 3, 1997 (62 FR 49163), November 15, 1999 (64 FR 49673), and December 29, 2008 (73 FR 64252). In this action, EPA is revising Subpart SS of 40 CFR part 272
to include the recent authorization revision actions effective July 13, 2009 (74 FR 22469).

C. What codification decisions have we
made in this rule?

The purpose of this Federal Register document is to codify Texas’ base hazardous waste management program and its revisions to that program. The EPA provided notices and opportunity for comments on the Agency’s decisions to authorize the Texas program, and the EPA is not now reopening the decisions, nor requesting comments, on the Texas


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authorizations as published in the Federal Register notices specified in
Section F of this document.

This document incorporates by
reference Texas’ hazardous waste statutes and regulations and clarifies which of these provisions are included in the authorized and Federally enforceable program. By codifying Texas’ authorized program and by amending the Code of Federal Regulations, the public will be more easily able to discern the status of Federally approved requirements of the Texas hazardous waste management

program.

The EPA is incorporating by reference
the Texas authorized hazardous waste program in subpart SS of 40 CFR part 272. Section 272.2201 incorporates by
reference Texas’ authorized hazardous waste statutes and regulations. Section 272.2201 also references the statutory provisions (including procedural and enforcement provisions) which provide the legal basis for the State’s implementation of the hazardous waste management program, the Memorandum of Agreement, the Attorney General’s Statements and the Program Description, which are approved as part of the hazardous waste management program under Subtitle C
of RCRA.

D. What is the effect of Texas’ codification on enforcement?

The EPA retains its authority under statutory provisions, including but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other applicable statutory and regulatory provisions to undertake inspections and enforcement
actions and to issue orders in authorized States. With respect to these actions, the EPA will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than any authorized State analogues to these provisions. Therefore, the EPA is not incorporating by reference such particular, approved Texas procedural
and enforcement authorities. Section 272.2201(c)(2) of 40 CFR lists the statutory and regulatory provisions which provide the legal basis for the State’s implementation of the hazardous waste management program, as well as those procedural and enforcement authorities that are part of the State’s approved program, but these are not incorporated by reference.

E. What State provisions are not part of the codification?

The public needs to be aware that some provisions of Texas’ hazardous waste management program are not part of the Federally authorized State program. These non-authorized provisions include:

(1) Provisions that are not part of the RCRA subtitle C program because they

are ‘‘broader in scope ’’ than RCRA subtitle C ( see 40 CFR 271.1(i));

(2) Federal rules for which Texas is not authorized, but which have been incorporated into the State regulations because of the way the State adopted Federal regulations by reference;

(3) Unauthorized amendments to authorized State provisions; and

(4) New unauthorized State requirements.

State provisions that are ‘‘broader in

scope ’’ than the Federal program are not part of the RCRA authorized program
and the EPA will not enforce them. Therefore, they are not incorporated by reference in 40 CFR part 272. For reference and clarity, 40 CFR 272.2201(c)(3) lists the Texas regulatory provisions which are ‘‘broader in scope ’’ than the Federal program and which are not part of the authorized program being incorporated by reference. ‘‘ Broader in

scope ’’ provisions cannot be enforced by the EPA; the State, however, may enforce such provisions under State
law.

Texas has adopted but is not authorized for the following Federal rules published in the Federal Register on April 12, 1996 (61 FR 16290); December 5, 1997 (62 FR 64504); October 22, 1998 (63 FR 56710); June 8, 2000 (65 FR 36365); March 4, 2005 (70 FR 10776), as amended June 16, 2005 (70 FR 35034). Therefore, these Federal
amendments included in Texas’ adoption by reference at 30 Texas Administrative Code (TAC) sections: 335.112(a)(1) and (a)(4), 335.152(a)(1) and (a)(4), and 335.431(c)(1), are not part of the State’s authorized program and are not part of the incorporation by reference addressed by this Federal Register document.

Additionally, Texas’ hazardous waste regulations include amendments which have not been authorized by the EPA.
Since the EPA cannot enforce a State’s requirements which have not been
reviewed and authorized in accordance
with RCRA section 3006 and 40 CFR part 271, it is important to be precise in delineating the scope of a State’s authorized hazardous waste program. Regulatory provisions that have not been authorized by the EPA include amendments to previously authorized State regulations as well as new State requirements.

In those instances where Texas has
made unauthorized amendments to previously authorized sections of State code, the EPA is identifying in 40 CFR 272.2201(c)(4) any regulations which, while adopted by the State and incorporated by reference, include language not authorized by the EPA. Those unauthorized portions of the State regulations are not Federally enforceable. Thus, notwithstanding the language in Texas hazardous waste regulations incorporated by reference at 40 CFR 272.2201(c)(1), the EPA will only enforce those portions of the State regulations that are actually authorized by the EPA. For the convenience of the regulated community, the actual State regulatory text authorized by the EPA for the citations listed at 272.2201(c)(4) ( i.e., without the unauthorized amendments) is compiled as a separate document, Addendum to the EPA Approved Texas Regulatory Requirements Applicable to the Hazardous Waste Management Program, July 2009. This document is available from EPA Region 6, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, Phone number: (214)

665–6444.

State regulations that are not incorporated by reference in this rule at 40 CFR 272.2201(c)(1), or that are not listed in 40 CFR 272.2201(c)(3) ( ‘‘broader in scope ’’ ) or 40 CFR 272.2201(c)(4) ( ‘‘unauthorized
amendments to authorized State provisions ’’ ), are considered new unauthorized State requirements. These requirements are not Federally
enforceable.

With respect to any requirement pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) for which the State has not yet been authorized, the EPA will continue to
enforce the Federal HSWA standards
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the codification?

The EPA is not amending 40 CFR part 272 to include HSWA requirements and prohibitions that are implemented by EPA. Section 3006(g) of RCRA provides that any HSWA requirement or prohibition (including implementing regulations) takes effect in authorized
and not authorized States at the same time. A HSWA requirement or prohibition supersedes any less stringent or inconsistent State provision which may have been previously authorized by the EPA (50 FR 28702, July 15, 1985). The EPA has the authority to implement HSWA requirements in all States, including authorized States, until the States become authorized for such requirement or prohibition. Authorized States are required to revise their programs to


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adopt the HSWA requirements and prohibitions, and then to seek
authorization for those revisions pursuant to 40 CFR part 271.

Instead of amending the 40 CFR part 272 every time a new HSWA provision takes effect under the authority of RCRA section 3006(g), the EPA will wait until
the State receives authorization for its analog to the new HSWA provision before amending the State’s 40 CFR part 272 incorporation by reference. Until then, persons wanting to know whether a HSWA requirement or prohibition is in effect should refer to 40 CFR 271.1(j), as amended, which lists each such provision.

Some existing State requirements may be similar to the HSWA requirement implemented by the EPA. However,
until the EPA authorizes those State requirements, the EPA can only enforce the HSWA requirements and not the State analogs. The EPA will not codify those State requirements until the State
receives authorization for those requirements.

Statutory and Executive Order Reviews

The Office of Management and Budget 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 rule incorporated by reference Texas’ authorized hazardous waste management regulations, and imposes no additional requirements beyond those imposed by
State law. This final 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. ). Incorporation by reference will not impose any new burdens on small entities. 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 rule merely incorporates by reference certain existing State hazardous waste management program requirements which the EPA already approves under 40 CFR part 271, 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).

This action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely incorporates by reference existing State hazardous waste management program requirements without altering the relationship or the distribution of power and responsibilities established by
RCRA. This action also does not have Tribal implications within the meaning of Executive Order 13175 (65 FR 67249, November 6, 2000).

This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This action is not subject to Executive Order 13211,

‘‘Actions Concerning Regulations That Significantly Affect Energy Supply
Distribution or Use ’’ (66 FR 28344, May 22, 2001) because it is not a significant regulatory action under Executive Order

12866.

Under RCRA 3006(b), the EPA grants a State’s application for incorporation by reference 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 incorporation by reference 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) do not apply. The final rule does not include environmental justice issues that require consideration under Executive Order 12898 (59 FR 7629, February 16, 1994). 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. 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 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 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).

List of Subjects in 40 CFR Parts 271 and

272

Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Incorporation by reference, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements.

Authority: This rule 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: January 24, 2011.
Al Armendariz, Regional Administrator, Region 6.

For the reasons set forth in the preamble, 40 CFR parts 271 and 272 are
amended as follows:

**PART 271—REQUIREMENTS FOR**
**AUTHORIZATION OF STATE**
**HAZARDOUS WASTE PROGRAMS**

EPA is granting final authorization under part 271 to the State of Texas for
revisions to its hazardous waste program under the Resource Conservation and Recovery Act.

**PART 272—APPROVED STATE**
**HAZARDOUS WASTE MANAGEMENT**
**PROGRAMS**

■ 1. The authority citation for part 272
continues to read as follows:

Authority: Sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

**Subpart SS—[Amended]**

■ 2. Subpart SS is amended by revising § 272.2201 to read as follows:

**§ 272.2201 Texas State-Administered Program: Final Authorization.** 

(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Texas final authorization for the following elements as submitted to EPA in Texas’ Base program application for final authorization which was approved by EPA effective on December 26, 1984. Subsequent program revision applications were approved effective on October 4, 1985, February 17, 1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4, 1992, June 27,


### 12288 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations

1994, November 26, 1997, December 3, 1997, October 18, 1999, November 15, 1999, September 11, 2000, June 14, 2005, December 29, 2008, July 13, 2009, and May 6, 2011.

(b) The State of Texas has primary responsibility for enforcing its hazardous waste management program. However, EPA retains the authority to exercise its inspection and enforcement
authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of
whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.

(c) State Statutes and Regulations. (1) The Texas statutes and regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by reference is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the Texas regulations that are incorporated by reference in this paragraph are available from West Group, 610 Opperman Drive, Eagan, 55123, Attention: Order Entry; Phone: 1–800–328–9352; Web site: http://west.thomson.com. You may inspect a copy at EPA Region 6 Library, 12th Floor, 1445 Ross Avenue, Dallas, Texas 75202–2733, Phone number: (214) 665–6444, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741– 6030, or go to: http://www.archives.gov/ federal-register/cfr/ibr-locations.html. (i) The Binder entitled ‘‘EPA Approved Texas Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program, ’’ dated July 2009.

(ii) [Reserved] (2) The following provisions provide the legal basis for the State’s implementation of the hazardous waste management program, but they are not being incorporated by reference and do not replace Federal authorities:

(i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2001); Chapter 361, The Texas Solid Waste Disposal Act, sections 361.002, 361.016,

361.017, 361.018, 361.023, 361.024,
361.029, 361.032, 361.033, 361.035, 361.036, 361.037(a), 361.061, 361.063, 361.0635, 361.064, 361.0641, 361.066(b) and (c), 361.067, 361.068, 361.069, 361.079, 361.080(a) and (b), 361.081, 361.083, 361.833, 361.0861(c), 361.0885, 361.090, 361.095(b)–(f), 361.096, 361.097, 361.098, 361.099(a), 361.100, 361.101, 361.102 through 361.109, 361.113, 361.116, 361.272 through 361.275, 361.278, 361.301, 361.321(a) and (b), 361.321(c) (except the phrase

‘‘Except as provided by Section 361.322(a) ’’ ), 361.321(d), 361.321(e) (except the phrase ‘‘Except as provided by Section 361.322(e) ’’ ), 361.451, 361.501 through 361.506, and 361.509(a) introductory paragraph, (a)(11), (b), (c) introductory paragraph, and (c)(2); Chapter 371, Texas Oil Collection, Management, and Recycling Act, sections 371.0025(b) and (c), 371.024(a), 371.024(c) and (d), 371.026(a) and (b), 371.028, and 371.043(b).

(ii) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2007 Supplement), effective September 1, 2007: Chapter 361, The Texas Solid Waste Disposal Act, sections 361.0215(b)(2) and (b)(3), 361.0666, 361.078, 361.0791, 361.082 (except 361.082(a) and (f)), 361.084, 361.085, 361.0871(b), 361.088, 361.089, 361.114,
and 361.271.

(iii) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 2000), effective September 1, 1999, as amended: Chapter 5, sections 5.102 through 5.105, 5.112, and 5.351; Chapter 7, sections 7.032, 7.051(a), 7.052(c) and (d), 7.053 through 7.062, 7.064 through

7.069, 7.075, 7.101, 7.104, 7.105, 7.107,
7.110, 7.162, 7.163, 7.189, 7.190, 7.252(1), 7.351, 7.353; Chapter 26, section 26.011; and Chapter 27, sections
27.018 and 27.019.

(iv) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 2002), effective September 1, 2001, as amended: Chapter 5, section 5.177; Chapter 7, sections 7.067 and 7.102.

(v) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 2007), effective September 1, 2007, as amended: Chapter 5, sections 5.501 through 5.505, 5.509 through 5.512, 5.515, 5.551 through 5.557; Chapter 7, sections 7.031, 7.052(a),7.052(c) and (d), 7.102, 7.176, and 7.187; Chapter 26, sections 26.001(13), 26.039, 26.341 through 26.367; and Chapter 27, section

27.003.

(vi) Texas Government Code (Vernon, 1998), section 311.027, effective May 11,

1993.

(vii) Texas Administrative Code (TAC), Title 30, Environmental Quality, 1994, as amended, effective through January 1, 1994: Chapter 305, sections 305.91 through 305.93, 305.98, and

305.99.

(viii) Texas Administrative Code (TAC), Title 30, Environmental Quality, 1997, as amended, effective through January 1, 1997: Chapter 281, sections 281.17(f); Chapter 305, sections 305.29(b) through (d), 305.94 and 305.95, 305.97, 305.100, 305.101 (except 305.101(c)), 305.102, 305.103, and

305.105.

(ix) Texas Administrative Code (TAC), Title 30, Environmental Quality, 2008, as amended, effective through December 31, 2007: Chapter 39, sections 39.13 (except (10)), 39.105, 39.107, 39.109, 39.413 (except (10)); Chapter 50, sections 50.13, 50.19, 50.39, 50.113 (except (d)), 50.119, and 50.139; Chapter 55, sections 55.27 (except (b)), 55.201 (except as applicable to contested case hearings), and 55.211 (except as applicable to contested case hearings); Chapter 70, section 70.10; Chapter 281, sections 281.1 (except the clause ‘‘ except as provided by * * * Prioritization Process) ’’ ), 281.2 introductory paragraph, 281.2(4), 281.3(a) and (b), 281.5 (except the clause ‘‘Except as provided by * * * Discharge Permits) ’’

, the phrase ‘‘radioactive material ’’ , and the phrase ‘‘ subsurface area drip dispersal systems ’’ ), 281.17(d) (except
the references to radioactive material licenses), 281.17(e), 281.18(a) (except
for the sentence ‘‘ For applications for radioactive * * * within 30 days. ’’

, 281.19(a) (except the last sentence), 281.19(b) (except the phrase ‘‘Except as provided in subsection (c) of this section, ’’ ), 281.20, 281.21(a) (except the phrase ‘‘ and the Texas Radiation Control Act * * * Chapter 401. ’’ , the acronym

‘‘ TRCA ’’ , and the phrase ‘‘ subsurface area drip dispersal systems ’’ ), 281.21(b), 281.21(c) (except the phrase ‘‘radioactive materials, ’’ in 281.21(c)(2)), 281.21(d), 281.22(a) (except the phrase ‘‘ For applications for radioactive * * * to deny the license. ’’ ), 281.22(b) (except the phrase ‘‘ or an injection well, ’’ in the first sentence and the phrase ‘‘ For underground injection wells * * * the same facility or activity. ’’ ), 281.23(a), and 281.24; Chapter 305, sections 305.64(d) and (f), 305.66(c), 305.66(e) (except for the last sentence), 305.66(f) through (l), 305.123 (except the phrases

‘‘ and 401 * * * regulation) ’’ and ‘‘ and

32 ’’ ), 305.125(1) and (3), 305.125(20), 305.127(1)(B)(i), 305.127(4)(A) and (C), 305.127(6), 305.401(a), 305.401(b) (except the text ‘‘ § 39.3 of this title (relating to Purpose) * * * § 55.21 of this title (relating to Requests for Contested Case Hearings, Public

Comment’’ ), 305.401(d) through (h); and Chapter 335, sections 335.2(b), 335.43(b), 335.206, 335.391 through

335.393.

(3) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the authorized program, and are not incorporated by reference:


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(i) Texas Health and Safety Code (THSC) Annotated, (Vernon 2001): Chapter 361, The Texas Solid Waste Disposal Act, sections 361.131 through 140; Chapter 371, Texas Oil Collection, Management, and Recycling Act, sections 371.021, 371.022, 371.024(e), 371.0245, 371.0246, 371.025, and 371.026(c).

(ii) Texas Administrative Code (TAC), Title 30, Environmental Quality, 2008, as amended, effective through December 31, 2007: Chapter 305, sections 305.53 and 305.64(b)(4); Chapter 335, sections 335.321 through 335.332, Appendices I and II, and 335.401 through 412.

(4) Unauthorized State Amendments
and Provisions. (i) The following authorized provisions of the Texas regulations include amendments published in the Texas Register that are not approved by EPA. Such unauthorized amendments are not part of the State’s authorized program and are, therefore, not Federally enforceable. Thus, notwithstanding the language in the Texas hazardous waste regulations incorporated by reference at paragraph (c)(1)(i) of this section, EPA will enforce the State provisions that are actually authorized by EPA. The effective dates of the State’s authorized provisions are
listed in the Table below. The actual State regulatory text authorized by EPA ( i.e., without the unauthorized amendments) is available as a separate document, Addendum to the EPAApproved Texas Regulatory and Statutory Requirements Applicable to the Hazardous Waste Management Program, July, 2009. Copies of the
document can be obtained from U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202.

State provision (December 31, 2007, except as indicated) Effective date of authorized provision Unauthorized State amendments

Texas Register reference Effective date

335.2(c) ................................................................... 11/7/91 18 TexReg 2799 ..............................

........................................... 18 TexReg 8218 ......................................................................... 5/12/93
11/23/93 335.6(a) .................................................................. 7/29/92 18 TexReg 2799 ...............................

.......................................... 22 TexReg 12060 ....................................................................... 23 TexReg 10878 ....................................................................... 5/12/93
12/15/97
10/19/98 335.6(c) introductory paragraph ............................. 7/29/92 17 TexReg 8010 .............................................

............................ 20 TexReg 2709 ......................................................................... 20 TexReg 3722 ......................................................................... 21 TexReg 1425 ......................................................................... 21 TexReg 2400 ......................................................................... 22 TexReg 12060 ....................................................................... 23 TexReg 10878 ....................................................................... 26 TexReg 9135 ......................................................................... 11/27/92
4/24/95
5/30/95

3/1/96
3/6/96
12/15/97
10/19/98
11/15/01 335.6(g) .................................................................. 7/29/92 18 TexReg 3814 ...............................

.......................................... 22 TexReg 12060 ....................................................................... 23 TexReg 10878 ....................................................................... 6/28/93
12/15/97
10/19/98 335.10(b)(22) (December 31, 2001) ...................... 7/27/88 17 TexReg 8010 .................................................. ....................... 11/27/92 335.24(b) introductory paragraph ........................... 3/1/96 21 TexReg 10983 ..............................................

......................... 23 TexReg 10878 ....................................................................... 11/20/96
10/19/98 335.24(c) introductory paragraph ........................... 3/1/96 21 TexReg 10983 ..............................................

......................... 23 TexReg 10878 ....................................................................... 11/20/96
10/19/98 335.41(c) ................................................................. 9/1/86 18 TexReg 8218 ................................ ......................................... 11/23/93 335.45(b) ................................................................ 9/1/86 17 TexReg 5017 ................................. ........................................ 7/29/92 335.204(a)(1) .......................................................... 5/28/86 16 TexReg 6065 .................................. ....................................... 11/7/91 335.204(b)(1) .......................................................... 5/28/86 16 TexReg 6065 .................................. ....................................... 11/7/91 335.204(b)(6) .......................................................... 5/28/86 16 TexReg 6065 .................................. ....................................... 11/7/91 335.204(c)(1) .......................................................... 5/28/86 16 TexReg 6065 .................................. ....................................... 11/7/91 335.204(d)(1) .......................................................... 5/28/86 16 TexReg 6065 .................................. ....................................... 11/7/91 335.204(e)(6) .......................................................... 5/28/86 16 TexReg 6065 .................................. ....................................... 11/7/91

(ii) Additionally Texas has partially or fully adopted, but is not authorized to implement, the Federal rules that are listed in the following table. The EPA will continue to implement the Federal HSWA requirements for which Texas is
not authorized until the State receives specific authorization for those requirements. The EPA will not enforce the non-HSWA Federal rules although they may be enforceable under State
law. For those Federal rules that contain
both HSWA and non-HSWA requirements, the EPA will enforce only the HSWA portions of the rules.

Federal requirement **Federal Register** reference Publication date

Imports and Exports of Hazardous Waste: Implementation of OECD Council

Decision (HSWA) (Checklist 152) 61 FR 16290 ....................................... April 12, 1996.

Clarification of Standards for Hazardous Waste LDR Treatment Variances

(SWA) (Checklist 162). 62 FR 64504 ....................................... December 5, 1997.

Post-Closure Permit Requirement and Closure Process (HSWA and NonHSWA) (Checklist 174) 63 FR 56710 ....................................... October 22, 1998.

Organobromine Production Wastes; Petroleum Refining Wastes; Identification and Listing of Hazardous Waste; Land Disposal Restrictions (HSWA) (Checklist 187). 64 FR 36365 ....................................... June 8, 2000.

Zinc Fertilizers Made from Recycled Hazardous Secondary Materials (HSWA

and Non-HSWA) (Checklist 200). 67 FR 48393 ....................................... July 24, 2002.

Modification of the Hazardous Waste Manifest System (HSWA and NonHSWA) (Checklist 207). 70 FR 10776 .......................................
70 FR 35034 ....................................... March 4, 2005. June 16, 2005.


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Federal requirement **Federal Register** reference Publication date

Methods Innovation Rule and SW–846 Update IIIB (HSWA and Non-HSWA)

(Checklist 208). 70 FR 34538 .......................................
70 FR 44150 ....................................... June 14, 2005. August 1, 2005. Hazardous Waste Management System; Modification of the Hazardous

Waste Program; Mercury Containing Equipment (Non-HSWA) (Checklist 209). 70 FR 45508 ....................................... August 5, 2005.

(iii) Texas has chosen not to adopt, and is not authorized to implement, the following optional Federal rules:

Federal requirement **Federal Register** reference Publication date

NESHAPS Second Technical Correction, Vacatur (Non-HSWA) (Checklist

Rule 188.1). 66 FR 24270 ....................................... May 14, 2001.

Storage, Treatment, Transportation and Disposal of Mixed Waste (NonHSWA) (Checklist 191). 66 FR 27218 ....................................... May 16, 2001.

Inorganic Chemical Manufacturing Waste Identification and Listing (HSWA/

Non-HSWA) (Checklist Rule 195.1). 67 FR 17119 ....................................... April 9, 2002.

Hazardous Air Pollutant Standards for Combustors: Interim Standards

(HSWA/Non-HSWA) (Checklist 197). 67 FR 6792 ......................................... February 13, 2002.

Land Disposal Restrictions: National Treatment Variance to Designate New

Treatment Subcategories for Radioactively Contaminated Cadmium, Mercury-Containing Batteries and Silver-Containing Batteries (HSWA) (Checklist 201). 67 FR 62618 ....................................... October 7, 2002.

Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Recycled Used Oil Management Standards (Non-HSWA) (Checklist 203). 68 FR 44659 ....................................... July 30, 2003.

National Environmental Performance Track Program (Non-HSWA) (Checklist

204). 69 FR 21737 .......................................
69 FR 62217 ....................................... April 22, 2004. October 25, 2004.NESHAP: Surface Coating of Automobiles and Light-Duty Trucks (NonHSWA) (Checklist 205). 69 FR 22601 ....................................... April 26, 2004.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region VI and the State of Texas, signed by the Executive Director of the
Texas Natural Resource Conservation Commission (TNRCC) on March 10, 2009, and by the EPA Regional Administrator on April 22, 2009, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C.

6921 et seq.

(6) Statement of Legal Authority.

‘‘Attorney General’s Statement for Final
Authorization ’’ , signed by the Attorney General of Texas on May 22, 1984 and revisions, supplements, and addenda to that Statement dated November 21, 1986, July 21, 1988, December 4, 1989, April 11, 1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8, 1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended February 7, 1997, March 11, 1997, January 5, 1999, November 2, 1999, March 1, 2002, and July 16, 2008 are referenced as part
of the authorized hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.

(7) Program Description. The Program Description and any other materials submitted as part of the original application or as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C.

6921 et seq.

■ 3. Appendix A to part 272, State Requirements, is amended by revising the listing for ‘‘ Texas ’’ to read as follows:

Appendix A to Part 272—State Requirements

* * * * *

Texas

The statutory provisions include: Texas Health and Safety Code (THSC) Annotated, (Vernon 2001): Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003 (except (3), (4), (19), (27), (35), and (39)), 361.019(a), 361.0235, 361.066(a), 361.087, 361.093, 361.094, 361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas Oil Collection, Management, and Recycling Act, sections 371.003, 371.024(b), 371.026(d), and 371.041.

Texas Health and Safety Code (THSC) Annotated, (Vernon 2007 Supplement): Chapter 361, The Texas Solid Waste Disposal Act, sections 361.082(a) and (f), 361.086, and 361.0871(a).

Copies of the Texas statutes that are incorporated by reference are available from West Group, 610 Opperman Drive, Eagan, 55123, Attention: Order Entry; Phone: 1– 800–328–9352; Web site: http://
west.thomson.com.

The regulatory provisions include: Texas Administrative Code, (TAC), Title 30, Environmental Quality, 2008, as amended, effective through December 31, 2007. Please note that the 2008 TAC, Title 30
is the most recent version of the Texas authorized hazardous waste regulations. For a few provisions, the authorized version is found in the TAC, Title 30, Environmental Quality dated January 1, 1994, January 1, 1997, December 31, 1999, or December 31, 2001. Texas made subsequent changes to these provisions but these changes have not been authorized by EPA. The provisions from earlier sets of regulations are noted in the
table below.

Chapter 3, Section 3.2(25) ‘‘Person ’’ ; Chapter 20, Section 20.15; Chapter 35, Section 35.402(e); Chapter 39, Sections 39.5(g), 39.11, 39.103(a)(2), (b), (d)(4), and (g), 39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (11), and (13)), 39.503(d) (except the reference to 39.405(h) in 39.503(d) introductory paragraph); Chapter 55, Sections 55.25(b)(1) through (3), 55.152(a)(3), 55.152(b), 55.154, and 55.156(b)(1); Chapter 281, Section 281.3(c);

Chapter 305, Subchapter A—General Provisions, Sections 305.1(a) (except the reference to Chapter 401, relative to Radioactive Materials); 305.2 introductory paragraph (except the references to Chapter 401, relative to Radioactive Materials and the reference to TWC 32.002); 305.2(1) (except the phrase ‘‘ or a post-closure order’’ ); 305.2(6), (11), (12), (14), (15), (19), (20), (24), (26), (27), (31) and (40)–(42); 305.3;

Chapter 305, Subchapter B—Emergency Orders, Temporary Orders, and Executive Director Authorizations, Sections 305.29(a) (January 1, 1997); 305.30;


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Chapter 305, Subchapter C—Application for Permit, Sections 305.41 (except the reference to Chapter 401, relative to Radioactive Materials, the reference to TWC Chapter 32, and the last sentence addressing post-closure orders); 305.42(a) (except the phrase ‘‘ or who requests a post-closure order * * * to obtain a post-closure order’’ ); 305.42(b) and (d); 305.43(b) (except the two phrases ‘‘ or post-closure orders ’’ ); 305.44 (except (d), the phrase ‘‘ or post-closure
orders ’’ in (a)(1), and the phrase ‘‘ or a postclosure order’’ in (c)); 305.45(a) (except (a)(7)(I) and (J), and the phrase ‘‘ § 305.54 of this title * * * Content of Applications), ’’ in 305.45(a)(8)(C)); 305.45(b); 305.47 (except the phrases ‘‘ or a recipient of a post-closure
order’’ and ‘‘ or order’’ ); 305.50(a) introductory paragraph–(a)(3) (except the last two sentences in 305.50(a)(2)); 305.50(a)(4) introductory paragraph and (a)(4)(A); 305.50(4)(B)–(D) (January 1, 1994); 305.50(a)(4)(G); 305.50(a)(5)(8), (13) and (14);

305.51;

Chapter 305, Subchapter D—Amendments, Modifications, Renewals, Transfers, Corrections, Revocations, and Suspension of Permits, Sections 305.61; 305.62(a) (except the phrase in the first sentence ‘‘ § 305.70 of
this title * * * Solid Waste Class I
Modifications ’’ and the phrase in the fifth

sentence ‘‘ If the permittee requests a modification of a municipal solid waste permit * * * § 305.70 of this title. ’’ ); 305.62(b); 305.62(c) (January 1, 1997); 305.62(d) (except (d)(6)); 305.62(e)–(h); 305.63(a) introductory paragraph (except first sentence); 305.63(a)(1) and (2); 305.63(a)(3) (except last sentence); 305.63(a)(4)–(6); 305.64(a); 305.64(b) (except (b)(4) and (b)(5)); 305.64(c); 305.64(e); 305.64(g) (December 31, 1999); 305.66(a) (except (a)(7)–(a)(9)); 305.66(d); 305.67(a) and (b); 305.69(a)–(h) (January 1, 1997); 305.69(i)–(k) (except (k) A.8–A.10);

Chapter 305, Subchapter F—Permit Characteristics and Conditions, Sections 305.121 (except the phrases ‘‘radioactive material disposal ’’ and ‘‘ subsurface area drip dispersal systems ’’ ); 305.122(a)–(c); 305.124; 305.125 introductory paragraph; 305.125(2) and (4); 305.125(5) (except the last two sentences); 305.125(6) (January 1, 1997); 305.125 (7) and (8); 305.125(9) (except (9)(C)); 305.125(10) (except the phrase ‘‘ and

32 ’’ ); 305.125(11) (except the phrase ‘‘ as otherwise required by Chapter 336 of this
title ’’ relative to Radioactive Substances in (11)(B)); 305.125(12); 305.125(13) (December 31, 2001); 305.125(14)—(19), and (21); 305.127 introductory paragraph; 305.127(1)(B)(iii); 305.127(1)(E) and (F); 305.127(2); 305.127(3)(A) (except the last two sentences); 305.127(3)(B) and (C); 305.127(4)(B); 305.127(5)(C); 305.128;

Chapter 305, Subchapter G—Additional
Conditions for Hazardous and Industrial Solid Waste Storage, Processing, or Disposal Permits, Sections 305.141 through 305.145; 305.146 introductory paragraph and (1) (January 1, 1997); 305.150;

Chapter 305, Subchapter I—Hazardous Waste Incinerator Permits, Sections 305.171 through 305.175;

Chapter 305, Subchapter J—Permits for Land Treatment Demonstrations Using Field Tests or Laboratory Analyses, Sections 305.181 through 305.184;

Chapter 305, Subchapter K—Research, Development and Demonstration Permits, Sections 305.191 through 305.194;

Chapter 305, Subchapter L—Groundwater Compliance Plan, Section 305.401(c);

Chapter 305, Subchapter Q—Permits for Boilers and Industrial Furnaces Burning Hazardous Waste, Sections 305.571; 305.572 (except (a)(6)); 305.573;

Chapter 324—Used Oil, Sections 324.1 through 324.2(6); 324.2 ‘‘ Secondary

containment’’ (January 1, 1997); 324.2(8) and (9); 324.3 (except 324.3(5)); 324.4; 324.6; 324.7; 324.11 through 324.14; 324.15 (January 1, 1997); 324.16; 324.21;

Chapter 335, Subchapter A—Industrial Solid Waste and Municipal Hazardous Waste in General, Sections 335.1 introductory paragraph (December 31, 2001); 335.1(1)–(4), (6)–(8), (10)–(12), (16), (17), (21), (22), (24)– (28), (31); 335.1(32) ‘‘Designated facility ’’ (December 31, 2001); 335.1(33), (36)–(42), (43) (except for the phrase ‘‘ or is used for neutralizing the pH of non-hazardous
industrial solid waste ’’ ), (44)–(46), (48)–(53), (55)–(61), (64)–(73), (75)–(82), (83)–(86) (except the phrase ‘‘ solid waste or’’ in each subsection), (87), (88)–(89) (except the phrase

‘‘ solid waste or’’ in both subsections); 335.1(86) ‘‘ Manifest’’ and (87) ‘‘ Manifest
document number’’ (December 31, 2001); 335.1(92), (93), (94) (except the phrase ‘‘ solid

waste or’’ ), (95)–(108); 335.1(110) (except the phrase ‘‘ solid waste or’’ ), (111), (116), (117) (except the phrase ‘‘ solid waste or’’ ), (118)– (121), (123), (125)–(129), (131), (132), (133)(A)–(G) (except the phrase ‘‘Except for materials described in subparagraph (H) of this paragraph. ’’ at (133)(D) and (G) introductory paragraphs), (133)(I) and (J), (134), (136)–(145) (except the phrase ‘‘ solid

waste or’’ at (138), (141) and (143)), (146) (except the phrase ‘‘ or industrial solid ’’ ), (147), (148), (149) and (150) (except the phrase ‘‘ or industrial solid ’’ in both subsections), (152)–(154), (155) (except the phrase ‘‘ solid waste or’’ ), (156)–(161), (162) (except the phrase ‘‘ or industrial solid ’’ ), (163), (164) and (165) (except the phrase

‘‘ solid waste or’’ ); 335.2(a) and (c); 335.2(e)– (g); 335.2(i) (except the phrases ‘‘ or decontamination ’’ and ‘‘ or obtain an order in lieu of a post-closure permit * * * of this

section ’’ ); 335.2(j) and (l); 335.4; 335.5 (except (d)); 335.6(a); 335.6(b) (January 1, 1997); 335.6(c); 335.6(d) (except the last sentence) (January 1, 1994); 335.6(e) (January 1, 1994); 335.6(f)–(j); 335.7 (December 31, 1999); 335.8(a)(1) and (2); 335.9(a) (except (a)(2) and (3)); 335.9(a)(2) and (3) (January 1, 1997); 335.9(b) (January 1, 1994); 335.10(a) introductory paragraph and (a)(1) (except
references to ‘‘ class 1 wastes ’’ ) (January 1, 1994); 335.10(a)(3) (except the phrase

‘‘ , unless the generator is identified in paragraph (2) of this section ’’ ) (December 31, 2001); 335.10(a)(4) (December 31, 2001); 335.10(a)(6); 335.10(b) (except 335.10(b)(5), (8), and (18)) (December 31, 2001); 335.10(b)(5), (8), and (18) (January 1, 1994); 335.10(c) (except the phrase ‘‘the United States customs official, ’’ ) (December 31, 2001); 335.10(d) and (e) (December 31, 2001); 335.10(f); 335.11 (except 11(d)) (December 31, 2001); 335.12 (except 335.12(a)(5) and (d)); 335.13(a) (January 1, 1997); 335.13(c) and (d) (January 1, 1994); 335.13(e) and (f) (January 1, 1997); 335.13(g) (January 1, 1994); 335.14; 335.15 introductory paragraph (January 1, 1994); 335.15(1); 335.17(a); 335.18(a); 335.19 (except 335.19(d)); 335.20 through 335.22; 335.23 (except (2)); 335.23(2) (January 1, 1994); 335.24(a)–(f); 335.24(m) and (n); 335.29; 335.29(2) and (3) (December 31, 2001); 335.30; 335.31;

Chapter 335, Subchapter B—Hazardous Waste Management General Provisions, Sections 335.41(a)–(c); 335.41(d) (except (d)(1) and (d)(5)–(8)); 335.41(d)(1) (December 31, 2001); 335.41(e); 335.41(f) (except (f)(2)(A)(iii)); 335.41(f)(2)(A)(iii) (December 31, 2001); 335.41(g) and (h); 335.41(j); 335.43 and 335.44 (December 31, 1999); 335.45; 335.47 (except 335.47(b) and the second sentence in (c)(3)); 335.47(b) (December 31, 1999);

Chapter 335, Subchapter C—Standards Applicable to Generators of Hazardous Waste, Sections 335.61 (except (f)); 335.62; 335.63; 335.65; 335.66; 335.67 and 335.68 (December 31, 2001); 335.69 (except (i) and (m)); 335.70; 335.71 (January 1, 1994); 335.73 through 335.75; 335.76 (except 335.76(d) and (h)); 335.76(d) (December 31, 2001); 335.77; 335.78 (except (b), (d)(2), (e) introductory paragraph, (f)(2), and (g)(2)); 335.78(b), (e) introductory paragraph, (f)(2), and (g)(2) (January 1, 1997);

Chapter 335, Subchapter D—Standards Applicable to Transporters of Hazardous Waste, Sections 335.91 (except (e)); 335.92; 335.93 (except (e)); 335.93(e) (December 31, 1999); 335.94 (except the phrase ‘‘ owned or operated by a registered transporter’’ in (a) introductory paragraph);

Chapter 335, Subchapter E—Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Sections 335.111(a)–(c); 335.112(a) (except (a)(4)–(7) and (a)(17)); 335.112(a)(4)–(6) (December 31, 2001); 335.112(a)(7) (January 1, 1997); 335.112(b) (except (b)(4)(I) and (J), and (b)(7)); 335.112(c); 335.113; 335.114 (January 1, 1997); 335.115 introductory paragraph (January 1, 1997); 335.115(1)–(4); 335.116 (except (g) and the phrase ‘‘ and (g) ’’ at (b)); 335.117 (except (a)(2)(B), (a)(2)(C), and (b)(2)); 335.117(a)(2)(B), (a)(2)(C), and (b)(2) (January 1, 1997); 335.118(a); 335.118(b) (December 31, 2001); 335.119(a) and (b) (December 31, 2001); 335.120 through

335.127;

Chapter 335, Subchapter F—Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Sections 335.151(a)–(c); 335.152 (except (a)(4)–(6)); 335.152(a)(4) (January 1, 1997); 335.152(a)(5) (December 31, 2001); 335.152(a)(6) (January 1, 1997); 335.152(b); 335.152(c) (except (c)(5)–(7)); 335.153; 335.154 (January 1, 1997); 335.155 introductory paragraph (January 1, 1997); 335.155(1)–(3); 335.156(a) introductory paragraph through (2) (except the phrase ‘‘ or (3) ’’ at (a)(1) and the phrase ‘‘Except as provided * * * subsection, ’’ at (a)(2)); 335.156(b) and (c); 335.157 through 335.166; 335.167(a) (except the phrase ‘‘ or post-closure
order’’ ); 335.167(b) and (c) (December 31, 1999); 335.168 through 335.178;


### 12292 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations

Chapter 335, Subchapter G—Location Standards for Hazardous Waste Storage, Processing, or Disposal, Sections 335.201(a) (except (a)(3)); 335.201(c); 335.202 introductory paragraph; 335.202(2), (4), (9)– (11), (13), (15)–(18); 335.203; 335.204(a) introductory paragraph—(a)(5); 335.204(b)(1)–(6); 335.204(c)(1)–(5); 335.204(d)(1)–(5); 335.204(e) introductory paragraph; 335.204(e)(1) introductory paragraph (except the phrase ‘‘Except as * * * (B) of this paragraph, ’’ and the word

‘‘ event’’ at the end of the paragraph); 335.204(e)(2)–(7); 335.204(f); 335.205(a) introductory paragraph–(a)(2) and (e);

Chapter 335, Subchapter H—Standards for the Management of Specific Wastes and Specific Types of Facilities, Sections 335.211; 335.212; 335.213 (January 1, 1997); 335.214; 335.221; 335.222 through 335.225; 335.241(except (b)(4) and (d)); 335.241(d) (January 1, 1997); 335.251; 335.261 (except (e)) (December 31, 2001); 335.271; 335.272;

Chapter 335, Subchapter O—Land Disposal Restrictions, Section 335.431;

Chapter 335, Subchapter R—Waste Classification, Sections 335.504 introductory paragraph—(3); 335.504(4) (December 31, 1999).

Copies of the Texas regulations that are incorporated by reference are available from West Group, 610 Opperman Drive, Eagan, 55123, ATTENTION: Order Entry; Phone: 1–800–328–9352; Web site: http://
west.thomson.com.

* * * * *

[FR Doc. 2011–4911 Filed 3–4–11; 8:45 am]

**BILLING CODE 6560–50–P**

**FEDERAL COMMUNICATIONS**
**COMMISSION**

**47 CFR Part 73**

**[DA 11–323; MB Docket No. 09–189; RM– 11564]** 

**Radio Broadcasting Services; Kualapuu, HI** 

**AGENCY :**  Federal Communications

Commission.

**ACTION :**  Final rule.

**SUMMARY :**  The Audio Division, at the request of Kemp Communications, Inc., allots FM Channel 296C2 at Kualapuu,
Hawaii. Channel 296C2 can be allotted at Kualapuu, consistent with the minimum distance separation requirements of the Commission’s rules,
at coordinates 21–10–57 NL and 157– 13–26 WL, with a site restriction of 19.4 km (12 miles) west of the community.

See **SUPPLEMENTARY INFORMATION** infra.

**DATES :**  Effective April 4, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Deborah Dupont, Media Bureau, (202)

418–2180.

**SUPPLEMENTARY INFORMATION :**  This is a synopsis of the Commission’s Report and Order, MB Docket No. 09–189, adopted February 16, 2011, and released February 18, 2011. The full text of this
Commission decision is available for inspection and copying during normal
business hours in the FCC Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. The complete text of this decision also may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402, Washington, DC 20554, (800) 378–3160, or via the company’s Web site, http:// www.bcpiweb.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden

‘‘ for small business concerns with fewer than 25 employees, ’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review
Act, see U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

Radio, Radio broadcasting.

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as
follows:

**PART 73—RADIO BROADCAST**
**SERVICES**

■ 1. The authority citation for part 73
continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

**§ 73.202 [Amended]**

■ 2. Section 73.202(b), the Table of FM Allotments under Hawaii, is amended by adding Kualapuu, Channel 296C2.

Federal Communications Commission.

Nazifa Sawez,
Assistant Chief, Audio Division, Media

Bureau.

[FR Doc. 2011–5091 Filed 3–4–11; 8:45 am]

**BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE** 

**National Oceanic and Atmospheric**
**Administration**

**50 CFR Part 223**

**[Docket No. 101207606–1138–02]**

**RIN 0648–XA082**

**Listing Endangered and Threatened Species: Correction To Codify in the**  **Code of Federal Regulations Application of Take Prohibitions to the**  **Upper Columbia River Steelhead Distinct Population Segment** 

**AGENCY :**  National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA),

Commerce.

**ACTION :**  Final rule; correcting
amendment.

**SUMMARY :**  We, NMFS, announce a correcting amendment to the Code of Federal Regulations to clarify that take prohibitions under section 4(d) of the Endangered Species Act of 1973 (ESA) apply to the Upper Columbia River steelhead distinct population segment (DPS).

**DATES :**  Effective March 7, 2011.

**FOR FURTHER INFORMATION CONTACT :**  For further information regarding this notice contact Eric Murray, NMFS, Northwest Region, 503–231–2378; or Marta Nammack, NMFS, Office of Protected Resources, 301–713–1401.

**SUPPLEMENTARY INFORMATION :** 
Background and Correcting
Amendment

We first listed the Upper Columbia
River steelhead DPS under the ESA in 1997 as an endangered species (62 FR 43937; August 18, 1997). In January 2006, we conducted a status review and downgraded the DPS’s status to threatened (71 FR 834; January 5, 2006). We published proposed and final rules applying ESA section 4(d) protections to the DPS on June 14, 2004 and February 1, 2006, respectively (69 FR 33102; 71 FR 5178). In 2007, a Federal district court set aside the downgraded listing; however, in 2009, the Ninth Circuit Court of Appeals reversed the district court’s decision, thereby reinstating the January 2006 threatened listing and February 2006 protective regulations. On August 24, 2009, we published a Federal Register document summarizing the results of the litigation
and the ESA status reviews and clarifying that the January 2006 threatened listing and February 2006 protective regulations remain in effect for the DPS (74 FR 42605).