71344 Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 

If you use one of the following to meet applicable emissions 

limits, operating limits, or work practice standards . . . You demonstrate continuous compliance by . . . 

1. CEMS to measure filterable PM, SO2, HCl, HF, or Hg 

emissions, or using a sorbent trap monitoring system to 

measure Hg.

Calculating the 30- (or 90-) boiler operating day rolling arithmetic average emissions rate in units of the applicable emissions standard basis at the end of 

each boiler operating day using all of the quality assured hourly average 

CEMS or sorbent trap data for the previous 30- (or 90-) boiler operating days, 

excluding data recorded during periods of startup or shutdown. 

2. PM CPMS to measure compliance with a parametric operating limit.Calculating the arithmetic 30- (or 90-) boiler operating day rolling average of all 

of the quality assured hourly average PM CPMS output data (e.g., milliamps, 

PM concentration, raw data signal) collected for all operating hours for the previous 30 boiler operating days, excluding data recorded during periods of startup or shutdown. 

3. Site-specific monitoring using CMS for liquid oil-fired EGUs 

for HCl and HF emission limit monitoring.

If applicable, by conducting the monitoring in accordance with an approved sitespecific monitoring plan. 

4. Quarterly performance testing for coal-fired, solid oil derived fired, or liquid oil-fired EGUs to measure compliance 

with one or more applicable emissions limit in Table 1 or 2.

Calculating the results of the testing in units of the applicable emissions standard. 

5. Conducting periodic performance tune-ups of your EGU(s) Conducting periodic performance tune-ups of your EGU(s), as specified in 

§ 63.10021(e). 

6. Work practice standards for coal-fired, liquid oil-fired, or 

solid oil-derived fuel-fired EGUs during startup.

Operating in accordance with Table 3. 

7. Work practice standards for coal-fired, liquid oil-fired, or 

solid oil-derived fuel-fired EGUs during shutdown.

Operating in accordance with Table 3. 

■ 25. Revise sections 4.1 and 5.2.2.2 to 

Appendix A to Subpart UUUUU of Part 

63 to read as follows: 

Appendix A to Subpart UUUUU—Hg 

Monitoring Provisions 

4.1 Certification Requirements. All Hg 

CEMS and sorbent trap monitoring systems 

and the additional monitoring systems used 

to continuously measure Hg emissions in 

units of the applicable emissions standard in 

accordance with this appendix must be 

certified in a timely manner, such that the 

initial compliance demonstration is 

completed no later than the applicable date 

in § 63.9984(f). 

* * * * * 

5.2.2.2 The same RATA performance 

criteria specified in Table A–2 for Hg CEMS 

shall apply to the annual RATAs of the 

sorbent trap monitoring system. 

* * * * * 

■ 26. Revise section 3.1.2.1.3 and the 

heading to section 5.3.4 to Appendix B 

to Subpart UUUUU of Part 63 to read as 

follows: 

Appendix B to Subpart UUUUU—HCl 

and HF Monitoring Provisions 

3.1.2.1.3 For the ASTM D6348–03 test 

data to be acceptable for a target analyte, %R 

must be 70% ≤ R ≤ 130%; and 

* * * * * 

5.3.3 Conditional Data Validation 

* * * * * 

[FR Doc. 2012–28729 Filed 11–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2012–0473; FRL–9745–1] 

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 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 

January 29, 2013, unless the EPA 

receives adverse written comment on 

the codification of the Texas authorized 

RCRA program by the close of business 

December 31, 2012. 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 January 29, 

2013 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. 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 71345 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–RCRA–2012– 

0473. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through 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, 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 of such 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 program 

changes, or the incorporation-byreference, 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 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 waste 

program or the incorporation-byreference of the State program, we may 

withdraw only that part of this rule, but 

the authorization of the program 

changes or the incorporation-byreference of the State program that the 

comments do not oppose will become 

effective on the date specified above. 


wreier-aviles on DSK5TPTVN1PROD with 
71346 Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 

The Federal Register withdrawal 

document will specify which part of the 

authorization 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), July 13, 2009 (74 

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

and May 7, 2012 (77 FR 13200). 

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 statutory provisions or 

RCRA regulations found at 40 CFR as of 

July 1, 2008. The Texas provisions are 

from the Texas Administrative Code 

(TAC), Title 30, effective December 31, 

2009. 

State requirement Analogous Federal 

requirement 

30 TAC 37.1 .............. Related to 264.140 

and 265.140. 

30 TAC 37.21 ............ 40 CFR 264.151 related. 

30 TAC 37.31 ............ 40 CFR parts 264 

and 265, subpart H 

related. 

State requirement Analogous Federal 

requirement 

30 TAC 37.41 ............ 40 CFR 264.143/ 

145(g); 265.143/ 

145(f). 

30 TAC 37.51 ............ 40 CFR 264.143/ 

145(h); 265.143/ 

145(g). 

30 TAC 37.52 ............ 40 CFR 264.143/ 

145(h) related; 

265.143/145(g) related. 

30 TAC 37.61 ............ 40 CFR 264.143/ 

145(i); 265.143/ 

145(h). 

30 TAC 37.71 ............ 40 CFR 264/265.148. 

30 TAC 37.81 ............ 40 CFR 264.143/ 

145(i) related; 

265.143/145(h) related. 

30 TAC 37.100 .......... 40 CFR 264/265.140 

(partial). 

30 TAC 37.101 .......... 40 CFR 264/265 subpart H related. 

30 TAC 37.111 .......... 40 CFR 264.143/ 

145(i) related; 

265.143/145(h) related. 

30 TAC 37.121 .......... 40 CFR 264/ 

265.142(a)(2) related. 

30 TAC 37.131 .......... 40 CFR 264.142/ 

144(b); 265.142/ 

144(b). 

30 TAC 37.141 .......... 40 CFR 264.142/ 

144(c); 265.142/ 

144(c). 

30 TAC 37.151 .......... 40 CFR 264.142/ 

144(c); 265.142/ 

144(c). 

30 TAC 37.161 .......... 40 CFR 264.143/ 

145(b)(3), (c)(3) 

and (d)(3); 

265.143/145(b)(3), 

(c)(3). 

30 TAC 37.200 .......... 40 CFR 264/265.140 

(partial). 

30 TAC 37.201 .......... 40 CFR 264.143/ 

145(a); 265.143/ 

145(a). 

30 TAC 37.211 .......... 40 CFR 264.143/ 

145(b); 265.143/ 

145(b). 

30 TAC 37.221 .......... 40 CFR 264.143/ 

145(c). 

30 TAC 37.231 .......... 40 CFR 264.143/ 

145(d); 265.143/ 

145(c). 

30 TAC 37.241 .......... 40 CFR 264.143/ 

145(e); 265.143/ 

145(d). 

30 TAC 37.251 .......... 40 CFR 264.143/ 

145(f); 265.143/ 

145(e). 

30 TAC 37.261 .......... 40 CFR 264.143(g)/ 

145(f); 265.143/ 

145(e). 

30 TAC 37.271 .......... 40 CFR 264.143/ 

145(f); 265.143/ 

145(e). 

30 TAC 37.281 .......... 40 CFR 264.143(g)/ 

145(f); 265.143/ 

145(e). 

30 TAC 37.301 .......... 40 CFR 264.151(a). 

30 TAC 37.321 .......... 40 CFR 264.151(c). 

State requirement Analogous Federal 

requirement 

30 TAC 37.331 .......... 40 CFR 264.151(d). 

30 TAC 37.341 .......... 40 CFR 264.151(e). 

30 TAC 37.361 .......... 40 CFR 264.151(h). 

30 TAC 37.371 .......... 40 CFR 264.151(f). 

30 TAC 37.381 .......... 40 CFR 264.151(h). 

30 TAC 37.400 .......... 40 CFR 264/265.140 

(partial). 

30 TAC 37.402 .......... 40 CFR 264/265.141 

(partial). 

30 TAC 37.404 .......... 40 CFR 264/ 

265.147(a) & (b). 

30 TAC 37.411 .......... 40 CFR 264/ 

265.147(d). 

30 TAC 37.501 .......... 40 CFR 264/ 

265.147(j). 

30 TAC 37.511 .......... 40 CFR 264/ 

265.147(i). 

30 TAC 37.521 .......... 40 CFR 264/ 

265.147(h). 

30 TAC 37.531 .......... 40 CFR 264/ 

265.147(k). 

30 TAC 37.541 .......... 40 CFR 264/ 

265.147(f). 

30 TAC 37.551 .......... 40 CFR 264/ 

265.147(g). 

30 TAC 37.601 .......... 40 CFR 264.151(m). 

30 TAC 37.631 .......... 40 CFR 264.151(j). 

30 TAC 37.641 .......... 40 CFR 264.151(i). 

30 TAC 37.661 .......... 40 CFR 264.151(h). 

30 TAC 37.671 .......... 40 CFR 264.151(n). 

30 TAC 281.17(f) ....... 40 CFR 270.10(c) related; no direct 

Federal analog. 

30 TAC 305.29 .......... 40 CFR 270.61 related; no direct 

Federal analog. 

30 TAC 

305.50(a)(4)(B).

40 CFR 

270.14(b)(15). 

30 TAC 

305.50(a)(4)(C).

40 CFR 270.14 related; no direct 

Federal analog. 

30 TAC 

305.50(a)(4)(D).

40 CFR 

270.14(b)(11)(ii)(A). 

30 TAC 305.62(c), except for language 

regarding TPDES 

permits.

40 CFR 270.42. 

30 TAC 305.69(b)(1) 

introductory paragraph.

40 CFR 270.42(a)(1) 

intro. 

30 TAC 

305.69(b)(1)(A), except for language 

regarding injection 

wells, radioactive 

materials and application fees.

40 CFR 

270.42(a)(1)(i). 

30 TAC 

305.69(b)(1)(B).

40 CFR 

270.42(a)(1)(ii). 

30 TAC 305.69(b)(2) 40 CFR 270.42(a)(2). 

30 TAC 305.69(c)(1) 

introductory paragraph.

40 CFR 270.42(b)(1) 

intro. 

30 TAC 

305.69(c)(1)(D).

40 CFR 

270.42(b)(1)(iv). 

30 TAC 305.69(c)(2) 

introductory paragraph.

40 CFR 270.42(b)(2) 

intro. 

30 TAC 305.69(c)(6) 

introductory paragraph—(6)(C).

40 CFR 

270.42(b)(6)(i) 

intro—(6)(i)(C). 


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State requirement Analogous Federal 

requirement 

30 TAC 

305.69(c)(6)(D) introductory paragraph—(D)(ii).

40 CFR 

270.42(b)(6)(i)(D). 

30 TAC 

305.69(c)(6)(E).

40 CFR 

270.42(b)(6)(i)(E). 

30 TAC 305.69(c)(7) 

introductory paragraph—(7)(C).

40 CFR 

270.42(b)(6)(ii) 

intro—(C). 

30 TAC 

305.69(c)(7)(D).

40 CFR 

270.42(b)(6)(ii)(D). 

30 TAC 305.69(c)(8) 40 CFR 

270.42(b)(6)(iii). 

30 TAC 305.69(c)(9) 40 CFR 

270.42(b)(6)(iv)(A). 

30 TAC 305.69(c)(12) 40 CFR 

270.42(b)(6)(vi). 

30 TAC 305.69(d)(1) 

introductory paragraph.

40 CFR 270.42(c)(1) 

intro. 

30 TAC 

305.69(d)(1)(D).

40 CFR 

270.42(c)(1)(iv). 

30 TAC 305.69(d)(2) 

introductory paragraph.

40 CFR 270.42(c)(2) 

intro. 

30 TAC 

305.69(d)(2)(A).

40 CFR 

270.42(c)(2)(i). 

30 TAC 305.69(d)(6) 40 CFR 270.42(c)(6). 

30 TAC 305.69(e) ...... 40 CFR 270.42(d). 

30 TAC 305.69(f)(1) 

introductory paragraph—(f)(1)(B).

40 CFR 270.42(e)(1). 

30 TAC 305.69(f)(4) .. 40 CFR 

270.42(e)(2)(iii). 

30 TAC 305.69(g) ...... 40 CFR 270.42(f). 

30 TAC 305.125(6) .... 40 CFR 270.30(h). 

30 TAC 305.125(13) .. 40 CFR 270.30 related; no direct 

Federal analog. 

30 TAC 305.146 introductory paragraph 

and 305.146(1) in 

the 1/1/97 regulations [Removed.].

40 CFR 264.72(b) related. 

30 TAC 305.401, except ‘‘§ 55.21 of this 

title (relating to Requests for Contested Case Hearings, Public Comment)’’ at 

305.401(b), and 

305.401(c) & (g).

40 CFR 270.30 related; no direct 

Federal analog. 

335.1 introductory 

paragraph.

40 CFR 260.10 intro. 

335.41(c) ................... 40 CFR 264.1(e); 

265.1(c)(3). 

335.41(i) .................... 40 CFR 264.1(d). 

335.43(a) ................... 40 CFR 270.1(b) related. 

335.43(b)–(d) [No 

longer in state’s 

code].

40 CFR 270.73(f), 

(g); 270.70(a) & 

(c), 270.10(e) Note: 

The 335.43(b)–(d) 

provisions have 

been incorporated 

into the authorized 

provisions at 335.2. 

335.44 ........................ 40 CFR 270.10(e) related, 270.13 related. 

State requirement Analogous Federal 

requirement 

40 CFR 270.70(a)(2) 

related; no direct 

Federal analog. 

335.47(c)–(d), except 

335.47(c)(3).

40 CFR 270.60(b)– 

(c), except 

270.60(b)(3). 

335.69(a) introductory 

paragraph (except 

‘‘and (n)’’).

40 CFR 262.34(a) 

intro. 

335.112(b)(4)(I) & (J) 40 CFR 265 related; 

no direct Federal 

analog. 

335.112(b)(4)(M) ....... 40 CFR 265 related; 

no direct Federal 

analog. 

30 TAC 335.128 ........ 40 CFR 265 subpart 

H related; no direct 

Federal analog. 

335.167(b) ................. 40 CFR 264.101(b). 

335.167(d) ................. 40 CFR 264.101(d). 

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), December 29, 2008 (73 FR 

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

In this action, EPA is revising Subpart 

SS of 40 CFR part 272 to include the 

recent authorization revision actions 

effective May 7, 2012 (77 FR 13200). 

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 

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 


wreier-aviles on DSK5TPTVN1PROD with 
71348 Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 

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); 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) 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. 

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 40 CFR 

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) 

665–8533. 

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 

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 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 71349 

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). This action 

will be effective January 29, 2013. 

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 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: October 11, 2012. 

Samuel Coleman, 

Acting 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 

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), May 7, 2012 

(77 FR 13200), and January 29, 2013. 

(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) 

665–8533, or at the National Archives 


wreier-aviles on DSK5TPTVN1PROD with 
71350 Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 

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 May 2012. 

(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); 

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, 361.833, 361.084, 361.085, 

361.0861(c), 361.0871(b), 361.088, 

361.0885, 361.089, 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 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, 2009: 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, 27.018 and 

27.019. 

(iii) Texas Government Code as 

amended effective September 1, 2009, 

section 311.027. 

(iv) Texas Rules of Civil Procedure, as 

amended effective September 1, 2009, 

Rule 60. 

(v) 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. 

(vi) 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. 

(vii) Texas Administrative Code 

(TAC), Title 30, Environmental Quality, 

2010, as amended, effective through 

December 31, 2009: 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, 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 (f)), 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 

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, 2010, 

as amended, effective through December 

31, 2009: 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 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, May, 2012. Copies of the 

document can be obtained from U.S. 

EPA Region 6, 1445 Ross Avenue, Suite 

1200, Dallas, TX 75202. 


wreier-aviles on DSK5TPTVN1PROD with 
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State provision (December 31, 2009, except 

as indicated) 

Effective 

date of 

authorized 

provision 

Unauthorized State amendments 

Texas register reference Effective 

date 

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

22 TexReg 12060 ............................................................. 12/15/97 

23 TexReg 10878 ............................................................. 10/19/98 

335.6(c) introductory paragraph ....................................... 7/29/92 17 TexReg 8010 ............................................................... 11/27/92 

20 TexReg 2709 ............................................................... 4/24/95 

20 TexReg 3722 ............................................................... 5/30/95 

21 TexReg 1425 ............................................................... 3/1/96 

21 TexReg 2400 ............................................................... 3/6/96 

22 TexReg 12060 ............................................................. 12/15/97 

23 TexReg 10878 ............................................................. 10/19/98 

26 TexReg 9135 ............................................................... 11/15/01 

335.6(g) ............................................................................ 7/29/92 18 TexReg 3814 ............................................................... 6/28/93 

22 TexReg 12060 ............................................................. 12/15/97 

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

335.45(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. 

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 Non-HSWA) (Checklist 

207).

70 FR 10776 ...............

70 FR 35034 ...............

March 4, 2005. 

June 16, 2005. 

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. 

(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 (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 SilverContaining 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. 


wreier-aviles on DSK5TPTVN1PROD with 
71352 Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 

Federal requirement Federal Register 

reference Publication date 

NESHAP: Surface Coating of Automobiles and Light-Duty Trucks (Non-HSWA) (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 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. 

(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, 

July 16, 2008, and December 6, 2011 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 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), 

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, 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, 2010, as 

amended, effective through December 31, 

2009. Please note that the 2010 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, December 31, 

2001, or December 31, 2007. 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 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)(3) (except the 

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

305.50(a)(4) introductory paragraph through 

305.50(a)(4)(D); 305.50(a)(4)(G); 305.50(a)(5)– 

(8) and (13)–(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) introductory 

paragraph; 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); 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)–(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); 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); 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; 

305.150; 

Chapter 305, Subchapter I—Hazardous 

Waste Incinerator Permits, Sections 305.171, 

305.172 (except (2)(A)(iii) & (iv)); 

305.172(2)(A)(iii) & (iv) (December 31, 2007); 

305.173 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 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 

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; 335.1(1)–(4), (6)–(12), (16)–(18), 

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

‘‘Designated facility’’ (December 31, 2001); 

335.1(40)–(46), (47) (except for the phrase ‘‘or 

is used for neutralizing the pH of nonhazardous industrial solid waste’’), (48)–(50), 

(52)–(57), (59)–(66), (69)–(78), (80)–(87), (88)– 

(91) (except the phrase ‘‘solid waste or’’ in 

each subsection), (92), (93)–(94) (except the 


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Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 71353 

phrase ‘‘solid waste or’’ in both subsections); 

335.1(86) ‘‘Manifest’’ and (87) ‘‘Manifest 

document number’’ (December 31, 2001); 

335.1(97), (98), (99) (except the phrase ‘‘solid 

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

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

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

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

(138)(A)–(G) (except the phrase ‘‘Except for 

materials described in subparagraph (H) of 

this paragraph.’’ at (138)(D) and (G) 

introductory paragraphs), (138)(I) and (J), 

(139), (141)–(151) (except the phrase ‘‘solid 

waste or’’ at (144), (147) and (149)), (152) 

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

(153), (154), (155) and (156) (except the 

phrase ‘‘or industrial solid’’ in both 

subsections), (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)– 

(g); 335.2(i), (j), (l), and (m); 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) 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 (d)) (December 31, 

2001); 335.12 (except (a)(5) and (d)) 

(December 31, 2001); 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 (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 

introductory paragraph through 335.29(3) 

(December 31, 2001); 335.29(a)(2)–(4); 

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)–(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 (except (f)); 335.62; 

335.63; 335.65; 335.66; 335.67 and 335.68 

(December 31, 2001); 335.69 (except ‘‘and 

(n)’’ in the introductory paragraph of (a), (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; 

335.112(a) (except (a)(17)); 335.112(b) (except 

(b)(7)); 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; 

335.152(a) and (b); 335.152(c) (except (c)(5)– 

(7)); 335.152(d); 335.153; 335.154 (January 1, 

1997); 335.155 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 (January 1, 1997); 

335.214; 335.221 through 335.225; 335.241 

(except (b)(4) and (d)); 335.241(d) (January 1, 

1997); 335.251; 335.261 (except (e)); 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); 

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, 610 Opperman Drive, Eagan, 

55123, ATTENTION: Order Entry; Phone: 1– 

800–328–9352; Web site: http:// 

west.thomson.com. 

* * * * * 

[FR Doc. 2012–28327 Filed 11–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 11–116 and 09–158; CC 

Docket No. 98–170; FCC 12–42] 

Empowering Consumers To Prevent 

and Detect Billing for Unauthorized 

Charges (‘‘Cramming’’); Consumer 

Information and Disclosure; Truth-inBilling Format 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC) is 

correcting a final rule that appeared in 

the Federal Register of October 26, 

2012. The document announces the 

effective date of rules containing 

information collection requirements 

approved by the Office of Management 

and Budget that were adopted to help 

consumers prevent and detect the 

placement of unauthorized charges on 

their telephone bills, an unlawful and 

fraudulent practice commonly referred 

to as ‘‘cramming.’’ 

DATES: Effective October 26, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Conway, 

Melissa.Conway@fcc.gov or (202) 418– 

2887, of the Consumer and 

Governmental Affairs Bureau. 

SUPPLEMENTARY INFORMATION: This 

document makes the following 

corrections to the final rule published 

October 26, 2012, at 77 FR 65320: 

[Corrected] 

1. On page 65320, column 2, revise 

the DATES section to read as follows: 

DATES: The amendments to 47 CFR 

64.2401(a)(3) published at 77 CFR 

30915, May 24, 2012, is effective 

December 26, 2012. 47 CFR 

64.2401(f)(1) is effective November 13, 

2012, and 47 CFR 64.2401(f)(2) is 

effective December 26, 2012. 

Federal Communications Commission. 

Bulah P. Wheeler, 

Associate Secretary, Office of the Secretary, 

Office of Managing Director. 

[FR Doc. 2012–28759 Filed 11–29–12; 8:45 am] 

BILLING CODE 6712–01–P 


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