80672 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: December 15, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.495, paragraph (a): 

■ a. Revise the introductory text. 

■ b. Remove the entries in the table for 

‘‘Bushberry subgroup 13B’’; ‘‘Caneberry 

subgroup 13A’’; ‘‘Cotton, undelinted 

seed’’; ‘‘Fruit, citrus, group 10’’; ‘‘Fruit, 

pome, group 11’’; ‘‘Fruit, stone, group 

12’’; ‘‘Grape’’; ‘‘Juneberry’’; 

‘‘Lingonberry’’; ‘‘Nut tree, group 14’’; 

‘‘Okra’’; ‘‘Onion, green’’; ‘‘Pistachio’’; 

‘‘Salal’’; ‘‘Strawberry’’; ‘‘Vegetable, bulb, 

group 3, except green onion’’; and 

‘‘Vegetable, fruiting, group 8’’. 

■ c. Revise the entry in the table for 

‘‘Grape, raisin’’. 

■ d. Add alphabetically entries to the 

table for ‘‘Berry, low growing, subgroup 

13–07G, except cranberry’’; ‘‘Bushberry 

subgroup 13–07B’’; ‘‘Caneberry 

subgroup 13–07A’’; ‘‘Coffee, green 

bean’’; ‘‘Cottonseed subgroup 20C’’; 

‘‘Fruit, citrus, group 10–10’’; ‘‘Fruit, 

pome, group 11–10’’; ‘‘Fruit, small, vine 

climbing, subgroup13–07F, except fuzzy 

kiwifruit’’; ‘‘Nut, tree, group 14–12’’; 

‘‘Onion, bulb, subgroup 3–07A’’; 

‘‘Onion, green, subgroup 3–07B’’; 

‘‘Quinoa, grain’’; and ‘‘Vegetable, 

fruiting, group 8–10’’. 

The additions and revision read as 

follows: 

§ 180.495 Spinosad; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the 

insecticide spinosad, including its 

metabolites and degradates, in or on the 

commodities in the table below. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only the sum of spinosyn A 

(Factor A: CAS # 131929–60–7; 

(2R,3aS,5aR,5bS,9S,13S,14R,16aS,16bR) 

-2-[(6-deoxy-2,3,4-tri-O-methyl-a-Lmanno-pyranosyl)oxy]-13-[[5- 

(dimethylamino)-tetrahydro-6-methyl2H-pyran-2-yl]oxy]-9-ethyl- 

,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-14-methyl-1H-asindaceno[3,2-d]oxacyclododecin-7,15- 

dione; and spinosyn D (Factor D; CAS 

# 131929–63–0; (2S,3aR,5aS,5bS,9S,13S, 

14R,16aS,16bS)-2-[(6-deoxy-2,3,4-tri-Omethyl-a-L-manno-pyranosyl)oxy]-13-

[[5-(dimethyl-amino)-tetrahydro-6- 

methyl-2H-pyran-2-yl]oxy]-9-ethyl- 

,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-4,14-methyl-1H-asindaceno[3,2-d]oxacyclododecin-7,15- 

dione, calculated as the stoichiometric 

equivalent of spinosad. 

Commodity Parts per 

million 

* * * * * 

Berry, low growing, subgroup 

13–07G, except cranberry ...... 0.90 

* * * * * 

Bushberry subgroup 13–07B ...... 0.40 

Caneberry subgroup 13–07A ..... 1.0 

* * * * * 

Coffee, green bean ..................... 0.04 

* * * * * 

Cottonseed subgroup 20C ......... 0.02 

* * * * * 

Fruit, citrus, group 10–10 ........... 0.30 

Fruit, pome, group 11–10 ........... 0.20 

Fruit, small, vine climbing, 

subgroup13–07F, except fuzzy 

kiwifruit .................................... 0.50 

Fruit, stone 12–12 ...................... 0.20 

* * * * * 

Grape, raisin ............................... 1.0 

* * * * * 

Nut, tree, group 14–12 ............... 0.10 

* * * * * 

Onion, bulb, subgroup 3–07A .... 0.10 

Onion, green, subgroup 3–07B .. 4.0 

* * * * * 

Quinoa, grain .............................. 0.02 

* * * * * 

Vegetable, fruiting, group 8–10 .. 0.40 

Commodity Parts per 

million 

* * * * * 

* * * * * 

[FR Doc. 2015–32168 Filed 12–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2015–0110; FRL–9939– 

51–Region 6] 

Texas: Final Authorization of StateInitiated 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 Environmental 

Protection Agency (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. In addition, this 

document corrects technical errors 

made in the September 3, 2014, Federal 

Register authorization document for 

Texas. 

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 

February 26, 2016, unless the EPA 

receives adverse written comment on 

this regulation by the close of business 

January 27, 2016. If the EPA receives 

such comments, it will publish a timely 

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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 80673 

withdrawal of this direct final rule in 

the Federal Register informing the 

public that this rule will not take effect. 

The Director of the Federal Register 

approves this incorporation by reference 

as of February 26, 2016 in accordance 

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

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 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 

Confidential Business Information (CBI) 

or otherwise protected through http://

www.regulations.gov, or email. 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 email 

comment directly to the EPA without 

going through http://

www.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. (For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm.) 

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) 665–8533 or (214) 

665–8178. 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, 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, 

Phone number: (214) 665–8533 or (214) 

665–8178, and Email 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 the authorization of the Stateinitiated changes in this codification 

document, we will withdraw this rule 

by publishing a timely document in the 

Federal Register before the rule 

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80674 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 

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. 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 may 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 

above. The Federal Register withdrawal 

document will specify which part of the 

authorization of the State program will 

become effective and which part is 

being withdrawn. 

The purpose of this Federal Register 

document is to codify Texas’ base 

hazardous waste management program 

and its revisions to that program. The 

EPA has already provided notices and 

opportunity for comments on the 

Agency’s decisions to codify the Texas 

program, and the EPA is not now 

reopening the decisions, nor requesting 

comments, on the Texas authorization 

as published in the Federal Register 

notices specified in Section I.F. of this 

document. 

F. For what has Texas previously been 

authorized? 

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), July 13, 2009 (74 

FR 22469), May 6, 2011 (76 FR 12283), 

May 7, 2012 (77 FR 13200), January 9, 

2013 (77 FR 71344) and November 3, 

2014 (79 FR 52220). 

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, 

no less stringent than, and not broader 

in scope than the Federal laws and 

regulations. These State-initiated 

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 regulations found at 40 

CFR, as of July 1, 2010. The Texas 

provisions are from the Texas 

Administrative Code (TAC), Title 30, 

amended to be effective February 21, 

2013 (except as noted below). 

State requirement Analogous federal requirement 

30 TAC 305.64(g) ..................................................................................... 40 CFR 270.40(b). 

30 TAC 305.69(d)(2)(A) ............................................................................ 40 CFR 270.42(c)(2)(i). 

30 TAC 305.69(k), except A.8, A.9, A.10, A.11, B, D.3.g, H.6&7, J.7 & 

8, I.6, L.5, L.9, L.10, M, and N.

40 CFR 270.42, appendix I, except A.8, B, C7, D.3.g, H, J, I.6, L.5, 

L.9, L.10, M, and N. 

30 TAC 305.176 ....................................................................................... 40 CFR 270.235. 

30 TAC 324.2 introductory paragraph ...................................................... 40 CFR 279.1 related. 

30 TAC 324.2(3) ....................................................................................... 40 CFR 279.1 related. 

30 TAC 324.2(5) ....................................................................................... 40 CFR 279.1 related. 

30 TAC 324.2(8) ....................................................................................... 40 CFR 279.1 related. 

30 TAC 324.4 ........................................................................................... 40 CFR 279.12. 

30 TAC 324.6 ........................................................................................... 40 CFR 279.20 through 279.24 (subpart C). 

30 TAC 324.7 ........................................................................................... 40 CFR 279.30 through 279.32 (subpart D). 

30 TAC 324.15 ......................................................................................... 40 CFR 279 related. 

30 TAC 324.16 ......................................................................................... 40 CFR 279.11 Table 1, Note. 

30 TAC 324.22(d)(3) ................................................................................ 40 CFR 279 related. 

30 TAC 335.1(59) ..................................................................................... 40 CFR 260.10 ‘‘Facility’’. 

30 TAC 335.1(142) ................................................................................... 40 CFR 124.2(a) ‘‘Standardized permit’’. 

30 TAC 335.2(g) ....................................................................................... 40 CFR 261.4(e) and (f). 

30 TAC 335.2(o) (December 31, 2012) ................................................... 40 CFR 270.255 related. 

30 TAC 335.19(b) ..................................................................................... 40 CFR 260.31(b). 

30 TAC 335.69(f)(4)(C) ............................................................................ 40 CFR 262.34(d)(4) related. 

30 TAC 335.112(a)(14) ............................................................................ 40 CFR 265.340–265.352 (subpart O). 

30 TAC 335.112(b)(7) .............................................................................. 40 CFR 265 related. 

30 TAC 335.152(a)(9) .............................................................................. 40 CFR 264.220–264.232 (subpart K), except 264.221 & 264.228. 

30 TAC 335.152(c)(5) and (c)(6) [December 31, 2012] .......................... 40 CFR 264 related. 

30 TAC 335.152(c)(7) ............................................................................... 40 CFR 264 related. 

30 TAC 335.168(c) ................................................................................... 40 CFR 264.221(c). 

30 TAC 335.170(c) ................................................................................... 40 CFR 264.251(c). 

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. Technical Corrections 

The following technical corrections 

are made to the September 3, 2014, 

Texas authorization Federal Register 

document (79 FR 52220; effective 

November 3, 2014). There are two types 

of corrections being made. The first type 

includes additions or corrections to the 

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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 80675 

list of citations for checklist entries that 

were actually included in the published 

Federal Register document. These are 

presented in order of the entry number 

and associated checklist, followed by a 

brief description of the correction being 

made. The second type of correction is 

the addition of the checklist entry for 

the authorization of the 40 CFR part 279 

portions of the Corrections to Errors in 

the Code of Federal Regulations Rule 

(Checklist 214), a Federal rule which 

was inadvertently omitted from the 

original authorization table. 

1. For all the checklist entries, the 

word ‘‘Chapter’’ is corrected to read 

‘‘Section’’. 

2. For Checklist 203, the following 

corrections should be made: 

a. The citation ‘‘224.1’’ is corrected to 

read ‘‘324.1’’. 

b. The citation ‘‘324.3’’ is corrected to 

read ‘‘334.3 (except 324.3(5))’’. 

3. For Checklist 207, the following 

corrections should be made: 

a. The citation ‘‘335.41(f)(2)(iii)’’ is 

corrected to read ‘‘335.41(f)(2)(A)(iii)’’. 

b. The citations ‘‘335.69’’ and 335.67’’ 

are removed. 

4. For Checklist 208, the following 

corrections should be made: 

a. The text ‘‘4 as amended’’ is 

removed. 

b. The citations ‘‘335.152(a)(17)(c)’’, 

‘‘335.152(a)(21)’’, ‘‘335.152(a)(9)’’ and 

‘‘335.152(19)’’ are removed. 

c. Add citation ‘‘335.112(a)(9)’’ before 

‘‘335.125(d)’’. 

d. Add citation ‘‘335.112(a)(19)— 

(a)(21)’’ before ‘‘335.221(a)(1)’’. 

e. Add citation ‘‘324.3 (except 

324.3(5))’’ before ‘‘324.11’’. 

f. The citation ‘‘305.172(2)(a)(iii)— 

(iv)’’ is corrected to read 

‘‘305.172(2)(A)(iii)—(iv)’’. 

g. The language ‘‘amended and 

effective February 21, 2013’’ is corrected 

to read ‘‘as amended January 29, 2013 

and effective February 21, 2013’’. 

5. For Checklist 220, the following 

corrections should be made: 

a. The language ‘‘335.61(i)’’ and 

‘‘335.79, 335.61(i)(1)–(2), 335.61(i)(2)’’ is 

removed. 

6. For Checklist 222, the following 

corrections should be made: 

a. The citation ‘‘335.11(e)’’ is 

removed. 

b. The citations ‘‘335.76(a), 335.76(f), 

335.76(h)’’ are removed. 

c. Add citation ‘‘335.251(a) and 

335.251(c)’’ after ‘‘335.112(a)(1)’’. 

d. The citation ‘‘335.71(d)’’ is 

removed. 

e. The citation ‘‘335.112(a)(4)’’ is 

corrected to read ‘‘335.12’’. 

f. Add the following text to the end of 

the Checklist 222 entry: ‘‘Note: While 

Texas has adopted the Federal changes 

addressed by this January 8, 2010 final 

rule, the State has appropriately left the 

authority with the EPA for the nondelegable export functions and is not 

being authorized to enforce these 

requirements in lieu of the EPA.’’ 

7. For Checklist 223, the following 

corrections should be made: 

a. The citation ‘‘335.1(138(D)(iv)’’ is 

corrected to read ‘‘335.1(138)(D)(iv) 

Table 1’’. 

b. Add citation ‘‘335.71’’ after 

‘‘335.69(f)(4)(C)’’. 

c. The citation ‘‘335.69(f)(4)(C)’’ is 

corrected to read ‘‘335.69(f)(4)(D)’’. 

d. The citations ‘‘335.10(a)’’ and 

‘‘335.2(o)’’ are removed. 

e. The citation ‘‘324.94’’ is corrected 

to read ‘‘335.94(a)’’. 

f. The citations ‘‘335.12(e)’’ and 

‘‘335.12(c)’’ are removed. 

g. The duplicate citation ‘‘335.211(b)’’ 

after ‘‘335.112(a)(3)’’ is removed. 

h. The citation ‘‘335.222(e)(1)(E)’’ is 

corrected to read ‘‘335.222(c)(1)(E)’’. 

8. For Checklist 226, the following 

correction should be made: 

a. Insert ‘‘30’’ before ‘‘Texas 

Administrative Code’’. 

9. Add the following new entry to the 

Table: 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

40 CFR part 279 portions of the Corrections to Errors in the Code of Federal Regulations. (Checklist 

214).

71 FR 40254—40280 July 14, 

2006.

Texas Water Code Annotated Sections 5.103 and 

5.105, Texas Health & Safety Code Annotated 

Section 361.017 and 361.024; 30 Texas Administrative Code, Sections 324.1, 324.3 (except 

324.3(5)), 324.11, 324.12, 324.13, and 324.14, as 

amended January 29, 2013 and effective February 21, 2013. 

III. 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), December 29, 2008 (73 FR 

64252), May 6, 2011 (76 FR 12283), and 

January 9, 2013 (77 FR 71344). In this 

document, EPA is revising Subpart SS 

of 40 CFR part 272 to include the recent 

authorization revision actions effective 

November 3, 2014 (79 FR 52220). 

C. What codification decisions have we 

made in this rule? 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the Texas 

rules described in the amendments to 40 

CFR part 272 set forth below. The EPA 

has made, and will continue to make, 

these documents available electronically 

through www.regulations.gov and in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

The purpose of this Federal Register 

document is to codify Texas’ base 

hazardous waste management program 

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80676 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 

and its revisions to that program. 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 States 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; 

(4) New unauthorized State 

requirements; and 

(5) Federal rules for which Texas is 

authorized, but which were vacated by 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Cir. No. 98– 

1379 and 98–1379; June 27, 2014). 

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. 

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, certain 

Federal rules and new State 

requirements. 

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); June 

8, 2000 (65 FR 36365); and January 8, 

2010 (75 FR 1236). 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) and (c)(3), 

are not part of the State’s authorized 

program and are not part of the 

incorporation by reference addressed by 

this Federal Register document. 

Texas has adopted and was 

authorized for the following Federal 

rules, which have since been vacated by 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Cir. No. 98– 

1379 and 08–1144, respectively, June 

27, 2014): (1) the Comparable Fuels 

Exclusion at 40 CFR 261.4(a)(16) and 

261.38 published in the Federal 

Register on June 19, 1998 (63 FR 33782), 

as amended on June 15, 2010 (75 FR 

33712); and (2) the Gasification 

Exclusion Rule published on January 2, 

2008 (73 FR 57). 

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)(i) 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, November 2014. This 

document is available from EPA Region 

6, EPA Region 6 Library, 12th Floor, 

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)(2) (‘‘legal 

basis for the State’s implementation of 

the hazardous waste management 

program’’), 40 CFR 272.2201(c)(3) 

(‘‘broader in scope’’) or 40 CFR 

272.2201(c)(4) (‘‘unauthorized State 

amendments’’), 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 

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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 80677 

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 

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 

(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 rule 

incorporated by reference Texas’ 

authorized hazardous waste 

management regulations, 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 

rule merely incorporates by reference 

certain existing State hazardous waste 

management program requirements 

which the EPA already approved under 

40 CFR part 271, and with which 

regulated entities must already comply, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 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. 

The requirements being codified are 

the result of Texas’ voluntary 

participation in the EPA’s State program 

authorization process under RCRA 

Subtitle C. 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). 

List of Subjects 

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. 

40 CFR Part 272 

Hazardous materials transportation, 

Hazardous waste, Incorporation by 

reference, Intergovernmental relations, 

Water pollution control, Water supply. 

Authority: This document is issued under 

the authority of Sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: October 1, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

For the reasons set forth in the 

preamble, under the authority at 42 

U.S.C. 6912(a), 6926, and 6974(b), the 

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 and is 

amending 40 CFR part 272 as follows: 

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). 

■ 2. Revise § 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 

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80678 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 

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, 

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, 

May 6, 2011 (76 FR 12283), and May 7, 

2012 (77 FR 13200), January 9, 2013 (77 

FR 71344), November 3, 2014 (79 FR 

52220), and February 26, 2016. 

(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 Publishing, 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) 

665–8533, 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 ‘‘EPAApproved Texas Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’, dated November 2014. 

(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, 2010, as 

amended by the 2012 Cumulative 

Annual Pocket Part, effective September 

1, 2011); Chapter 361, The Texas Solid 

Waste Disposal Act, sections 361.002, 

361.016, 361.017, 361.018, 

361.0215(b)(2) and (b)(3), 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), 361.0666, 361.067, 

361.068, 361.069, 361.078, 361.079, 

361.0791, 361.080, 361.081, 361.082 

(except 361.082(a) and (f)), 361.083, 

361.0833, 361.084, 361.085, 361.0861(c), 

361.0871(b), 361.088, 361.0885, 361.089 

(except 361.089(a), (e), and (f)), 

361.089(a), (e), and (f) (2012 Cumulative 

Annual Pocket Part), 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, 

361.114, 361.116, 361.271 (2012 

Cumulative Annual Pocket Part), 

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), (c), and (d), 371.026(a) and 

(b), and 371.028. 

(ii) Texas Water Code (TWC), Texas 

Codes Annotated, as amended effective 

September 1, 2011: Chapter 5, sections 

5.102 through 5.105, 5.112, 5.177, 5.351, 

5.501 through 5.505, 5.509 through 

5.512, 5.515, and 5.551 through 5.557; 

Chapter 7, sections 7.031, 7.032, 

7.051(a), 7.052(a), 7.052(c) and (d), 

7.053 through 7.062, 7.064 through 

7.069, 7.075, 7.101, 7.102, 7.104, 7.105, 

7.107, 7.110, 7.162, 7.163, 7.176, 

7.187(a), 7.189, 7.190, 7.252(1), 7.351, 

7.353; Chapter 26, sections 26.001(13), 

26.011, 26.020 through 26.022, 26.039, 

and 26.341 through 26.367; and Chapter 

27, sections 27.003, 27.017(a), 

27.018(a)–(d), and 27.019. 

(iii) Texas Government Code as 

amended effective September 1, 2011, 

section 311.027. 

(iv) Texas Rules of Civil Procedure, as 

amended effective September 1, 2011, 

Rule 60. 

(v) Texas Administrative Code (TAC), 

Title 30, Environmental Quality, 2013, 

as amended, effective through December 

31, 2012: Chapter 10; Chapter 39, 

sections 39.5(g) and (h), 39.11, 39.13 

(except (10)), 39.103 (except (f) and (h)), 

39.105, 39.107, 39.109, 39.403(b)(1), 

39.405(f)(1), 39.411 (except (b)(4)(B), 

(b)(10), (b)(11), and (b)(13)), 39.413 

(except (10)), 39.420 (except (c) and (d)), 

39.503 (except the reference to 39.405(h) 

in (d) introductory paragraph and (g)), 

and 39.801 through 39.810; Chapter 50, 

sections 50.13, 50.19, 50.39, 50.113 

(except (d)), 50.117(f), 50.119, 50.133, 

and 50.139; Chapter 55, sections 

55.25(a) and (b), 55.27 (except (b)), 

55.152(a)(3), 55.152(b), 55.154, 55.156 

(except (d) through (g)), 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 and (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) and (f), 

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, 305.29, 305.30, 

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), 

and (6), 305.401 (except the text 

‘‘§ 55.21 of this title (relating to Requests 

for Contested Case Hearings, Public 

Comment)’’ at (b), and 305.401(c)); 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: 

(i) Texas Health and Safety Code 

(THSC) Annotated, (Vernon, 2010): 

Chapter 361, The Texas Solid Waste 

Disposal Act, sections 361.131 through 

361.140; Chapter 371, Texas Oil 

Collection, Management, and Recycling 

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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 80679 

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, 2013, 

as amended, effective through December 

31, 2012: Chapter 305, sections 305.53, 

305.64(b)(4), and 305.69(b)(1)(A) (as it 

relates to the Application Fee); Chapter 

335, sections 335.321 through 335.332, 

Appendices I and II, and 335.401 

through 335.412. 

(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 in this paragraph 

(c)(4)(i). The actual State regulatory text 

authorized by EPA (i.e., without the 

unauthorized amendments) is available 

as a separate document, Addendum to 

the EPA-Approved Texas Regulatory 

and Statutory Requirements Applicable 

to the Hazardous Waste Management 

Program, November, 2014. 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, 2012) 

Effective date 

of authorized 

provision 

Unauthorized State amendments 

Texas register reference Effective date 

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 

335.24(b) introductory paragraph ................................. 3/1/96 21 TexReg 10983 .........................................................

23 TexReg 10878 .........................................................

38 TexReg 970 .............................................................

11/20/96 

10/19/98 

2/21/13 

335.24(c) introductory paragraph ................................. 3/1/96 21 TexReg 10983 .........................................................

23 TexReg 10878 .........................................................

38 TexReg 970 .............................................................

11/20/96 

10/19/98 

2/21/13 

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) Texas has partially or fully 

adopted, but is not authorized to 

implement, the Federal rules that are 

listed in the table in this paragraph 

(c)(4)(ii). 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 

Clarification of Standards for Hazardous Waste LDR Treatment 

Variances (SWA) (Checklist 162).

62 FR 64504 ............................................................ December 5, 1997. 

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. 

(iii) The Federal rules listed in the 

table in this paragraph (c)(4)(iii) are not 

delegable to States. Texas has adopted 

these provisions and left the authority to 

the EPA for implementation and 

enforcement. 

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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. 

OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) (Checklist 222).75 FR 1236 .............................................................. January 8, 2010. 

(iv) 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 

(Non-HSWA) (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. 

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. 

NESHAP: Surface Coating of Automobiles and Light-Duty Trucks 

(Non-HSWA) (Checklist 205).

69 FR 22601 ............................................................ April 26, 2004. 

Revisions to the Definition of Solid Waste (Non-HSWA) (Checklist 

219).

73 FR 64668 ............................................................ October 30, 2008. 

Expansion of RCRA Comparable Fuel Exclusion (Non-HSWA) 

(Checklist 221).

73 FR 77954 ............................................................ December 19, 2008. 

Withdrawal of the Emission Comparable Fuel Exclusion (NonHSWA) (Checklist 224).73 FR 33712 ............................................................ June 15, 2010. 

Removal of Saccharin and Its Salts from the Lists of Hazardous 

Constituents (Non-HSWA) (Checklist Rule 225).

75 FR 78918 ............................................................ December 17, 2010. 

(5) Vacated Federal rules. Texas 

adopted and was authorized for the 

following Federal rules which have 

since been vacated by the U.S. Court of 

Appeals for the District of Columbia 

Circuit (D.C. Cir. No. 98–1379 and 08– 

1144, respectively; June 27, 2014): 

Federal requirement Federal Register reference Publication date 

Hazardous Waste Combustors; Revised Standards (HSWA) (Checklist 168—40 CFR 261.4(a)(16) and 261.38 only).63 FR 33782 ............................................................ June 19, 1998. 

Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas (Checklist 216—Definition of ‘‘Gasification’’ at 40 CFR 260.10 and amendment to 40 

CFR 261.4(a)(12)(i)).

73 FR 57 .................................................................. January 2, 2008. 

Withdrawal of the Emission Comparable Fuel Exclusion under 

RCRA (Checklist 224—amendments to 40 CFR 261.4(a)(16) and 

261.38).

7 FR 33712 .............................................................. June 15, 2010. 

(6) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region VI and the State of Texas, 

signed by the Executive Director of the 

Texas Commission on Environmental 

Quality (TCEQ) on December 20, 2011, 

and by the EPA Regional Administrator 

on February 17, 2012, is referenced as 

part of the authorized hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. 

(7) 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, 

July 16, 2008, December 6, 2011, and 

February 22, 2013, are referenced as part 

of the authorized hazardous waste 

management program under Subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. 

(8) 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 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, 2010): 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), 

361.082(a) and (f), 361.086, 361.087, 

361.0871(a), 361.094, 361.095(a), 361.099(b), 

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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. 

Copies of the Texas statutes that are 

incorporated by reference are available from 

West Group Publishing, 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, 2013, as amended, 

effective through December 31, 2012, and 

where indicated, amendments effective 

February 21, 2013, as published in the Texas 

Register on February 15, 2013 (38 TexReg 

970; based on the proposed rule published 

October 5, 2012, 37 TexReg 7871). Please 

note that for some provisions, the authorized 

versions are found in the TAC, Title 30, 

Environmental Quality, as amended effective 

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. Where the provisions are taken from 

regulations other than those dated December 

31, 2012, notations are made below. 

Chapter 3, Section 3.2(25) ‘‘Person’’; 

Chapter 20, Section 20.15; Chapter 35, 

Section 35.402(e); Chapter 37, Sections 37.1, 

37.11 through 37.81, 37.100 through 37.161, 

37.200 through 37.281, 37.301 through 

37.381, 37.400 through 37.411, 37.501 

through 37.551, 36.601 through 37.671, and 

37.6001 through 37.6041; 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), (6), (11), 

(12), (14), (15), (19), (20), (24), (26), (27), (28), 

(31), and (40)—(42); 305.3; 

Chapter 305, Subchapter C—Application 

for Permit, Sections 305.41 (except the 

reference to Chapter 401, relative to 

Radioactive Materials and the reference to 

TWC Chapter 32); 305.42(a), (b), (d), and (f); 

305.43(b); 305.44 (except (d)); 305.45 (except 

(a)(7)(I) and (J)); 305.47; 305.50(a) 

introductory paragraph—(a)(8) (except the 

last two sentences in 305.50(a)(2)); 

305.50(a)(13); 305.50(a)(14) (38 TexReg 970, 

effective February 21, 2013); 305.50(a)(15) 

and (16); 305.50(b); 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) introductory paragraph (except the 

phrase ‘‘other than . . . subsection (i) of this 

section’’); 305.62(c)(1); 305.62(c)(2) 

introductory paragraph; 305.62(c)(2)(A) 

(except the phrase ‘‘except for Texas 

Pollutant Discharge Elimination System 

(TPDES) permits, ’’); 305.62(c)(2)(B) (except 

the phrase ‘‘except for TPDES permits, ’’); 

305.62(d) (except (d)(6)); 305.62(e)–(h); 

305.63(a) (except the last sentence of (a)(3) 

and (a)(7)); 305.64(a); 305.64(b) (except (b)(4) 

and (b)(5)); 305.64(c); 305.64(e); 305.64(g) (38 

TexReg 970, effective February 21, 2013); 

305.65; 305.66(a) (except (a)(7)–(a)(9)); 

305.66(d); 305.67(a) and (b); 305.69(a); 

305.69(b) (except for ‘‘Additional Contents of 

Application for an Injection Well Permit’’ 

and ‘‘Waste Containing Radioactive 

Materials; and Application Fee’’ at (b)(1)(A)); 

305.69(c); 305.69(d) (except (d)(2)(A)); 

305.69(d)(2)(A) (38 TexReg 970, effective 

February 21, 2013); 305.69(e)–(j); 305.69(k) 

(except (k) A.8–A.10) (38 TexReg 970, 

effective February 21, 2013); 

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); 305.122(b)– 

(d) (38 TexReg 970, effective February 21, 

2013); 305.124; 305.125 introductory 

paragraph; 305.125(2) and (4); 305.125(5) 

(except the last two sentences); 305.125(6)– 

(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)–(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; 

305.150; 

Chapter 305, Subchapter I—Hazardous 

Waste Incinerator Permits, Sections 305.171 

through 305.175; 305.176 (38 TexReg 970, 

effective February 21, 2013); 

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 through 

305.573; 

Chapter 305, Subchapter R—Resource 

Conservation And Recovery Act Standard 

Permits For Storage And Treatment Units, 

Sections 305.650 through 305.661; 

Chapter 324—Used Oil, Sections 324.1 (38 

TexReg 970, effective February 21, 2013), 

324.2(except 324.2(2)) (38 TexReg 970, 

effective February 21, 2013); 324.3 (except 

324.3(5)) (38 TexReg 970, effective February 

21, 2013); 324.4 (38 TexReg 970, effective 

February 21, 2013); 324.6 and 324.7 (38 

TexReg 970, effective February 21, 2013); 

324.11 through 324.16 (38 TexReg 970, 

effective February 21, 2013); 324.21; 

324.22(d)(3); 

Chapter 335, Subchapter A—Industrial 

Solid Waste and Municipal Hazardous Waste 

in General, Sections 335.1 introductory 

paragraph; 335.1(1)–(4), (6)–(12), (16)–(18), 

(22), (23), (25)–(29), (32), (34)–(37); 335.1(39) 

‘‘Designated facility’’ (38 TexReg 970, 

effective February 21, 2013); 335.1(40)–(46), 

(47) (except for the phrase ‘‘or is used for 

neutralizing the pH of non-hazardous 

industrial solid waste’’), (48)–(50), (52)–(57), 

(59) (38 TexReg 970, effective February 21, 

2013), (60)–(63), (65), (66), (69)–(78), (80)– 

(87), (88)–(91) (except the phrase ‘‘solid 

waste or’’ in each subsection), (92), (93)–(94) 

(except the phrase ‘‘solid waste or’’ in both 

subsections); 335.1(95) ‘‘Manifest’’ and (96) 

‘‘Manifest document number’’ (38 TexReg 

970, effective February 21, 2013); 335.1(97), 

(98), (99) (except the phrase ‘‘solid waste 

or’’), (100)–(113), (115) (except the phrase 

‘‘solid waste or’’), (116), (117), (121), (122) 

(except the phrase ‘‘solid waste or’’), (123)– 

(126), (128), (130)–(134), (136), (137), 

(138)(A) introductory paragraph through 

(138)(A)(iii), (138)(A)(iv) introductory 

paragraph (except the last sentence) (38 

TexReg 970, effective February 21, 2013), 

(138)(B), (138)(C), (138)(D) (except the phrase 

‘‘Except for materials described in 

subparagraph (H) of this paragraph.’’ at 

(138)(D) introductory paragraph; and (D)(iv) 

Table 1), (138)(D)(iv) Table 1 (38 TexReg 970, 

effective February 21, 2013), (138)(E), 

(138)(F), and (138)(G) (except the phrase 

‘‘Except for materials described in 

subparagraph (H) of this paragraph.’’ at 

(138)(G) introductory paragraph), (138)(I) and 

(J), (139), (141), (142) (38 TexReg 970, 

effective February 21, 2013), (143), (144)– 

(151) (except the phrase ‘‘solid waste or’’ at 

(144), (147) and (149)), (152) (except the 

phrase ‘‘or industrial solid’’), (153)–(156) 

(except the phrase ‘‘or industrial solid’’ at 

(155) and (156), (158)–(160), (161) (except the 

phrase ‘‘solid waste or’’), (162)–(167), (168) 

(except the phrase ‘‘or industrial solid’’), 

(169), (170), and (171) (except the phrase 

‘‘solid waste or’’); 335.2(a) and (c); 335.2(e) 

and (f); 335.2(g) (38 TexReg 970, effective 

February 21, 2013); 335.2(i), (j), (l), (m), and 

(o); 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; 

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) and (b) 

(38 TexReg 970, effective February 21, 2013); 

335.11(a) (38 TexReg 970, effective February 

21, 2013); 335.12(a) (38 TexReg 970, effective 

February 21, 2013); 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); 335.13(k); 335.14; 335.15 

introductory paragraph (January 1, 1994); 

335.15(1); 335.15(3); 335.17(a); 335.18(a); 

335.19 (except 335.19(d)) (38 TexReg 970, 

effective February 21, 2013); 335.20 through 

335.22; 335.23 (except (2)); 335.23(2) 

(January 1, 1994); 335.24(a) and (b) 

introductory paragraph; 335.24(b)(1)–(4) (38 

TexReg 970, effective February 21, 2013); 

335.24(c) (except (c)(1)(A)); 335.24(c)(1)(A) 

(38 TexReg 970, effective February 21, 2013); 

335.24(d) (38 TexReg 970, effective February 

21, 2013); 335.24(e); 335.24(f) (38 TexReg 

970, effective February 21, 2013); 335.24(m) 

and (n); 335.29 through 335.31; 

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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)–(j); 335.43(a); 335.44; 

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(a) and (b) (38 TexReg 

970, effective February 21, 2013); 335.61(c); 

335.61(d) (38 TexReg 970, effective February 

21, 2013); 335.61(e), (g), and (h); 335.61(i) (38 

TexReg 970, effective February 21, 2013); 

335.62 (38 TexReg 970, effective February 21, 

2013); 335.63; 335.65 through 335.68; 

335.69(a) (except ‘‘and (n)’’ in the 

introductory paragraph; (a)(4)(B) and 

(a)(4)(C)); 335.69(a)(4)(B) and (C) (38 TexReg 

970, effective February 21, 2013); 335.69(b) 

(38 TexReg 970, effective February 21, 2013); 

335.69(c), 335.69(d) and (e) (38 TexReg 970, 

effective February 21, 2013); 335.69(f) (except 

(f)(4)(C)); 335.69(f)(4)(C) and (D) (38 TexReg 

970, effective February 21, 2013); 335.69(g), 

(h), and (j)–(l); 335.69(m) (38 TexReg 970, 

effective February 21, 2013); 335.70; 335.71; 

335.73 through 335.75; 335.76(a) (38 TexReg 

970, effective February 21, 2013); 335.76(b); 

335.76(c) and (d) (38 TexReg 970, effective 

February 21, 2013); 335.76(e); 335.76(f) (38 

TexReg 970, effective February 21, 2013); 

335.76(g); 335.77; 335.78(a); 335.78(b) 

(January 1, 1997); 335.78(c) (38 TexReg 970, 

effective February 21, 2013); 335.78(d) 

(except (d)(2)); 335.78(e) introductory 

paragraph (January 1, 1997); 335.78(e)(1) and 

(2); 335.78(f) introductory paragraph and 

(f)(1) (38 TexReg 970, effective February 21, 

2013); 335.78(f)(2) (January 1, 1997); 

335.78(f)(3) (except 335.78(f)(3)(A)); 

335.78(f)(3)(A) (38 TexReg 970, effective 

February 21, 2013); 335.78(g) (except (g)(2)); 

335.78(g)(2) (January 1, 1997); 335.78(h) and 

(i); 335.78(j) (38 TexReg 970, effective 

February 21, 2013); 335.79 (38 TexReg 970, 

effective February 21, 2013); 

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) and 

(b) (38 TexReg 970, effective February 21, 

2013), 335.111(c)–(e); 335.112(a) introductory 

paragraph; 335.112(a)(1) (38 TexReg 970, 

effective February 21, 2013); 335.112(a)(2); 

335.112(a)(3) and (4) (38 TexReg 970, 

effective February 21, 2013); 335.112(a)(5)– 

(12); 335.112(a)(13) and (14) (38 TexReg 970, 

effective February 21, 2013); 335.112(a)(15) 

and (16); 335.112(a)(18)–(24); 335.112(b) 

(except (b)(4)(K) and (b)(7)); 335.112(b)(4)(K) 

and (b)(7) (38 TexReg 970, effective February 

21, 2013); 335.112(c); 335.113; 335.115 

through 335.128; 

Chapter 335, Subchapter F—Permitting 

Standards for Owners and Operators of 

Hazardous Waste Storage, Processing, or 

Disposal Facilities, Sections 335.151(a) (38 

TexReg 970, effective February 21, 2013); 

335.151(b); 335.151(c) (38 TexReg 970, 

effective February 21, 2013); 335.151(d); 

335.151(e) (38 TexReg 970, effective February 

21, 2013); 335.151(f); 335.152(a) introductory 

paragraph; 335.152(a)(1) (38 TexReg 970, 

effective February 21, 2013); 335.152(a)(2); 

335.152(a)(3) and (4) (38 TexReg 970, 

effective February 21, 2013); 335.152(a)(5)– 

(8); 335.152(a)(9) (38 TexReg 970, effective 

February 21, 2013); 335.152(a)(10) and (11); 

335.152(a)(12) (38 TexReg 970, effective 

February 21, 2013); 335.152(a)(13); 

335.152(a)(14) (38 TexReg 970, effective 

February 21, 2013); 335.152(a)(15)–(22); 

335.152(b); 335.152(c) (except (c)(7)); 

335.152(c)(7) (38 TexReg 970, effective 

February 21, 2013); 335.152(d); 335.153; 

335.155 introductory paragraph (38 TexReg 

970, effective February 21, 2013); 335.155(1) 

and (2); 335.155(3) (38 TexReg 970, effective 

February 21, 2013); 335.156 through 335.167; 

335.168 (except (c)); 335.168(c) (38 TexReg 

970, effective February 21, 2013); 335.169; 

335.170 (except (c)); 335.170(c) (38 TexReg 

970, effective February 21, 2013); 335.171 

through 335.179; 

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 (38 TexReg 970, 

effective February 21, 2013); 335.214; 

335.221; 335.222(except (c)(1)); 335.222(c)(1) 

(38 TexReg 970, effective February 21, 2013); 

335.223 through 335.225; 335.241(except 

(b)(4)); 335.251 (38 TexReg 970, effective 

February 21, 2013); 335.261 (except (e)); 

335.271; 335.272; 

Chapter 335, Subchapter O—Land Disposal 

Restrictions, Section 335.431 (except (c)(1)); 

335.431(c)(1) (38 TexReg 970, effective 

February 21, 2013); 

Chapter 335, Subchapter R—Waste 

Classification, Sections 335.504 introductory 

paragraph; 335.504(1)–(3) (38 TexReg 970, 

effective February 21, 2013); 

Subchapter U, Standards For Owners And 

Operators Of Hazardous Waste Facilities 

Operating Under A Standard Permit, Sections 

601 and 602. 

Copies of the Texas regulations that are 

incorporated by reference are available from 

West Group Publishing, 610 Opperman 

Drive, Eagan, 55123, ATTENTION: Order 

Entry; Phone: 1–800–328–9352; Web site: 

http://west.thomson.com. 

* * * * * 

[FR Doc. 2015–31881 Filed 12–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 219 

[Docket No. FRA–2001–11213, Notice No. 

20] 

Alcohol and Drug Testing: 

Determination of Minimum Random 

Testing Rates for 2016 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of determination. 

SUMMARY: This notice of determination 

provides the FRA Administrator’s 

minimum annual random drug and 

alcohol testing rates for calendar year 

2016. 

DATES: This notice of determination is 

effective December 28, 2015. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Powers, FRA Drug and Alcohol Program 

Manager, W33–310, Federal Railroad 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

(telephone 202–493–6313); or Sam Noe, 

FRA Drug and Alcohol Program 

Specialist, (telephone 615–719–2951). 

SUPPLEMENTARY INFORMATION: FRA 

determines the minimum annual 

random drug testing rate and minimum 

random alcohol testing rate for the next 

calendar year based on railroad industry 

data available for two previous calendar 

years (for this Notice, calendar years 

2013 and 2014). Railroad industry data 

submitted to FRA’s Management 

Information System shows the rail 

industry’s random drug testing positive 

rate remained below 1.0 percent for the 

applicable two calendar years. FRA’s 

Administrator has therefore determined 

the minimum annual random drug 

testing rate for the period January 1, 

2016, through December 31, 2016, will 

remain at 25 percent of covered railroad 

employees under 49 CFR 219.602. In 

addition, because the industry-wide 

random alcohol testing violation rate 

remained below 0.5 percent for the 

applicable two calendar years, the 

Administrator has determined the 

minimum random alcohol testing rate 

will remain at 10 percent of covered 

railroad employees for the period 

January 1, 2016, through December 31, 

2016 under 49 CFR 219.608. Because 

these rates represent minimums, 

railroads may conduct FRA random 

testing at higher rates. 

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