13200 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Rules and Regulations 

Priority Mail Contract 34 (MC2011–17 and 

CP2011–56) 

Priority Mail Contract 35 (MC2011–18 and 

CP2011–57) 

Priority Mail Contract 36 (MC2012–2 and 

CP2012–6) 

Priority Mail Contract 37 (MC2012–3 and 

CP2012–7) 

Priority Mail Contract 38 (MC2012–7 and 

CP2012–15) 

Priority Mail—Non-Published Rates 

Priority Mail—Non-Published Rates 1 

(MC2011–15 and CP2011–51) 

Outbound International 

Direct Entry Parcels Contracts 

Direct Entry Parcels 1 (MC2009–26 and 

CP2009–36) 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, CP2008–13, CP2008–18, CP2008–19, 

CP2008–20, CP2008–21, CP2008–22, 

CP2008–23 and CP2008–24) 

Global Expedited Package Services 2 

(CP2009–50) 

Global Expedited Package Services 3 

(MC2010–28 and CP2010–71) 

Global Expedited Package Services 4 

(CP2011–54) 

Global Expedited Package Services—Nonpublished Rates 2 (MC2010–29 and 

CP2011–45) 

Global Expedited Package Services Nonpublished Rates 3 (MC2012–4 and 

CP2012–8) 

Global Plus Contracts 

Global Plus 1 (CP2008–8, CP2008–46 and 

CP2009–47) 

Global Plus 1A (MC2010–26, CP2010–67 

and CP2010–68) 

Global Plus 1B (MC2011–7, CP2011–39 

and CP2011–40) 

Global Plus 1C (MC2012–6, CP2012–12 

and CP2012–13) 

Global Plus 2 (MC2008–7, CP2008–48 and 

CP2008–49) 

Global Plus 2A (MC2010–27, CP2010–69 

and CP2010–70) 

Global Plus 2B (MC2011–8, CP2011–41 

and CP2011–42) 

Global Plus 2C (MC2012–5, CP2012–10 

and CP2012–11) 

Global Reseller Expedited Package Services 

1 (MC2010–21 and CP2010–36) 

Inbound International 

Inbound Competitive Multi-Service 

Agreements with Foreign Postal 

Operators 1 (MC2010–34 and CP2010– 

95) 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and MC2008– 

15) 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 1 

(MC2008–6 and CP2009–62) 

International Business Reply Service 

Competitive Contract 1 (MC2009–14 and 

CP2009–20) 

International Business Reply Service 

Competitive Contract 2 (MC2010–18, 

CP2010–21 and CP2010–22) 

Competitive Product Descriptions 

Express Mail 

Express Mail 

Outbound International Expedited Services 

Inbound International Expedited Services 

Priority 

Priority Mail 

Outbound Priority Mail International 

Inbound Air Parcel Post 

Parcel Select 

Parcel Return Service 

International 

International Priority Airlift (IPA) 

International Surface Airlift (ISAL) 

International Direct Sacks—M-Bags 

Global Customized Shipping Services 

International Money Transfer Service 

Inbound Surface Parcel Post (at non-UPU 

rates) 

International Ancillary Services 

International Certificate of Mailing 

International Registered Mail 

International Return Receipt 

International Restricted Delivery 

International Insurance 

Negotiated Service Agreements 

Domestic 

Outbound International 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. 2012–5320 Filed 3–5–12; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2011–0478; FRL–9643–7] 

Texas: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The State of Texas has 

applied to the EPA for Final 

authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

needed to qualify for Final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

rule to authorize the changes without a 

prior proposal because we believe this 

action is not controversial and do not 

expect comments that oppose it. Unless 

we receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize Texas’ changes to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize the changes. 

DATES: This final authorization will 

become effective on May 7, 2012 unless 

the EPA receives adverse written 

comment by April 5, 2012. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

State/Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or email. The Federal 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. You can view and 

copy Texas’ application and associated 


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publicly available materials from 8:30 

a.m. to 4 p.m. Monday through Friday 

at the following locations: Texas 

Commission on Environmental Quality, 

(TCEQ) 12100 Park S. Circle, Austin, TX 

78753–3087, (512) 239–6079 and EPA, 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733, phone number (214) 

665–8533. Interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

two weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, (214) 

665–8533, EPA Region 1445 Ross 

Avenue, Dallas, Texas 75202–2733, and 

email address patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273, and 279. 

B. What decisions have we made in this 

rule? 

We conclude that the State of Texas’ 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant the State of 

Texas Final Authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. The State of Texas has 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders (except in Indian Country) and 

for carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in Texas 

including issuing permits, until the 

State is granted authorization to do so. 

C. What is the effect of today’s 

authorization decision? 

The effect of this decision is that a 

facility in the State of Texas subject to 

RCRA will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. The State 

of Texas has enforcement 

responsibilities under its State 

hazardous waste program for violations 

of such program, but the EPA retains its 

authority under RCRA sections 3007, 

3008, 3013, and 7003, which include, 

among others, authority to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions after 

notice to and consultation with the 

State. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which the State of Texas 

is being authorized by today’s action are 

already effective under State law, and 

are not changed by today’s action. 

D. Why wasn’t there a proposed rule 

before today’s rule? 

The EPA did not publish a proposal 

before today’s rule because we view this 

as a routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of today’s Federal Register 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What happens if the EPA receives 

comments that oppose this action? 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. The EPA will 

base any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

must do so at this time. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program, we 

will withdraw only that part of this rule, 

but the authorization of the program 

changes that the comments do not 

oppose will become effective on the 

date specified in this document. The 

Federal Register withdrawal document 

will specify which part of the 

authorization will become effective, and 

which part is being withdrawn. 

F. For what has Texas previously been 

authorized? 

The State of Texas initially received 

final authorization on December 26, 

1984 (49 FR 48300), to implement its 

Base Hazardous Waste Management 

Program. This authorization was 

clarified in a notice published March 

26, 1985 (50 FR 11858). Texas received 

authorization for revisions to its 

program, effective October 4, 1985 (51 

FR 3952), February 17, 1987 (51 FR 

45320), March 15, 1990 (55 FR 7318), 

July 23, 1990 (55 FR 21383), October 21, 

1991 (56 FR 41626), December 4, 1992 

(57 FR 45719), June 27, 1994 (59 FR 

16987), June 27, 1994 (59 FR 17273), 

November 26, 1997 (62 FR 47947), 

December 3, 1997 (62 FR 49163), 

October 18, 1999 (64 FR 44836), 

November 15, 1999 (64 FR 49673), 

September 11, 2000 (65 FR 43246), June 

14, 2005 (70 FR 34371), December 29, 

2008, (73 FR 64252), and July 13, 2009 

(74 FR 22469). The EPA incorporated by 

reference Texas’ then authorized 

hazardous waste program effective 

December 3, 1997 (62 FR 49163), 

November 15, 1999 (64 FR 49673), 

December 29, 2008 (73 FR 64252) and 

March 7, 2011 (76 FR 12285) effective 

May 6, 2011. 

On March 24, 2010, Texas submitted 

a final complete program revision 

application, seeking authorization of its 

program revision in accordance with 40 

CFR 271.21. In 1991, Texas Senate Bill 

2 created the Texas Natural Resource 

Conservation Commission (TNRCC) 

which combined the functions of the 

former Texas Water Commission and 

the former Texas Air Control Board. The 

transfer of functions to the TNRCC from 

the two agencies became effective on 

September 1, 1993. House Bill 2912, 

Article 18 of the 77th Texas Legislature, 

2001, changed the name of the TNRCC 

to the Texas Commission on 

Environmental Quality (TCEQ) and 

directed the TNRCC to adopt a timetable 

for phasing in the change of the agency’s 

name. The TNRCC decided to make the 

change of the agency’s name to the 

TCEQ effective September 1, 2002. The 

change of name became effective 

September 1, 2002, and the legislative 

history of the name change is 

documented at (See, Act of June 15, 

2001, 77th Leg. R. S., Ch 965, Section 

18.01, 2001 Tex. Gen. Laws 1985). The 


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TCEQ may perform any act authorized 

by law either as the TNRCC or as the 

TCEQ. Id. Therefore, references to the 

TCEQ are references to TNRCC and to 

its successor, the TCEQ. 

The TCEQ has primary responsibility 

for administration of laws and 

regulations concerning hazardous waste. 

The official State regulations may be 

found in Title 30, Texas Administrative 

Code, Chapters 305 and 335, effective 

October 29, 2009. Some of the State 

rules incorporate the Federal regulations 

by reference. Texas Water Code Section 

5.102 confers on the Texas Commission 

on Environmental Quality the powers to 

perform any acts necessary and 

convenient to the exercise of its 

jurisdiction. The TCEQ is authorized to 

administer the RCRA program. 

However, the Railroad Commission 

(RRC) has jurisdiction over the 

discharge, storage, handling, 

transportation, reclamation, or disposal 

of waste materials (both hazardous and 

non hazardous) that result from the 

activities associated with the 

exploration, development, or 

production of oil or gas or geothermal 

resources and other activities regulated 

by the RRC. A list of activities that 

generate wastes that are subject to the 

jurisdiction of the RRC is found at 16 

Tex. Admin. Code Section 3.8(a)(30) 

and at 30 Tex. Admin. Code § 335.1. 

Such wastes are termed ‘‘oil and gas 

wastes.’’ The TCEQ has responsibility to 

administer the RCRA program, however, 

hazardous waste generated at natural 

gas or natural gas liquids processing 

plants or reservoir pressure 

maintenance or repressurizing plants 

are subject to the jurisdiction of the 

TCEQ until the RRC is authorized by 

EPA to administer those waste under 

RCRA. The TCEQ jurisdiction over 

Solid waste can be found at Chapter 361 

of the Texas Health and Safety Code 

Sections 361.001 through 361.754. The 

TCEQ’s jurisdiction encompasses both 

hazardous and nonhazardous, industrial 

and municipal Solid waste. The 

definition of Solid waste can be found 

at Texas Health and Safety Code Section 

361.003(34). When the RRC is 

authorized by EPA to administer the 

RCRA program for these wastes, 

jurisdiction over such hazardous waste 

will transfer from the TCEQ to the RRC. 

The EPA has designated the TCEQ as 

the lead agency to coordinate RCRA 

activities between the two agencies. The 

EPA is responsible for the regulation of 

any hazardous waste for which TCEQ 

has not been previously authorized. 

Further clarification of the 

jurisdiction between the TCEQ and the 

RRC can be found in a separate 

document. This document, a 

Memorandum of Understanding (MOU), 

became effective on May 31, 1998. 

The TCEQ has the rules necessary to 

implement EPA’s RCRA Clusters XVI 

through XVIII including Post-Closure 

Permit Requirement and Closure 

Process (Checklist 174) and also 

Hazardous Air Pollutant Standards for 

Combustors: Interim Standards 

(Checklist 197) revisions to the Federal 

Hazardous Waste Program promulgated 

from October 22, 1998, February 13, 

2002 and July 1, 2005 through June 30, 

2008. The adoption for RCRA Clusters 

XVI through XVIII with Checklists 174 

and 197 include changes to 30 Texas 

Administrative Code Chapters 305 and 

335. The Commissioners adopted these 

rules on July 25, 2007 and the rules 

became effective on October 29, 2009. 

The TCEQ authority to incorporate 

Federal rules by reference can be found 

at Texas Government Code Annotated 

Section 311.027 (Vernon 1998) and 

adoption of the hazardous waste rules in 

general are pursuant to the following 

statutory provisions: Tex. Water Code 

Ann. Sections 5.1032000), effective 

September 1995, as amended (TCEQ’s 

authority to adopt any rules necessary to 

carry out its powers and duties). Texas 

did not adopt the Federal regulations 40 

CFR part 266, subpart N, Appendix III 

and also Appendices IV through XIII. 

Therefore, the State is not authorized for 

those regulations. The State has not 

made program revisions to the Federal 

Used Oil regulations in Checklist 214 

therefore, EPA is excluding this portion 

of the Federal regulations from this 

Federal Register notice. 

G. What changes are we approving with 

today’s action? 

On March 24, 2010, the State of Texas 

submitted a final complete program 

application, seeking authorization of 

their changes in accordance with 40 

CFR 271.21. We now make an 

immediate final decision, subject to 

receipt of written comments that oppose 

this action, that the State of Texas’ 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for final 

authorization. The State of Texas 

revisions consist of regulations which 

specifically govern Federal Hazardous 

Waste revisions promulgated from 

October 22, 1998, February 13, 2002 and 

July 1, 2005 through June 30, 2008. The 

adoption for RCRA Clusters XVI through 

XVIII with Checklists 174 and 197 are 

included in a chart with this document. 


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Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

1. Post-Closure Permits Requirement and Closure Process. 

(Checklist 174).

63 FR 56710–56735, October 22, 

1998.

Texas Water Code Annotated Sections 5.103 and 5.105, 7.031, 

Texas Health & Safety Code Annotated Section 361.024, 361.082; 

Texas Administrative Code, Chapter 335.151(d), 335.2(m), 

335.151(e) and 335.156(a)(3) intro, 335.156(a)(3)(A), 335.1(9), 

335.151(e)(2) and 335.156(a)(3)(B), IBR at 335.152(a)(5), 

335.151(e) intro, 335.151(f) and 335.156(a)(4), 335.151(e)(1), 

335.151(e)(2), 335.7, 335.167(c), 335.179(a), 37.11, 37 Subchapter 

P (37.6001 et seq.), IBR at 335.112(a)(5) and 335.116(g) intro, 

335.116(g)(1), 335.116(g)(2), 335.112(a)(6), 335.111(e)(1) intro, 

335.111(e)(2), 335.111(d) intro, 335.111(d)(1), 335.111(d)(2), 

336.167(c), 335.111(d)(3), Chapter 39 Subpart N, 335.118(c), 

335.119(c), Chapter 39 Subchapter N, 335.7, 335.111(d)(4), 

335.167(c), 335.179(a), 37.11, 37 Subchapter P (37.6001 et seq.), 

335.2(i), 305.2(28), 335.1(117), 305.41, 305.50(a) intro, 

305.50(a)(4)(A) and 305.50(b) intro, 305.50(b)(1)–(3), 305.2(1), 

305.42(a), 305.43(b), 305.47, 305.50(b)(5)–(b)(7), 305.156(a)(1) & 

(a)(2), as amended effective through October 29, 2009. 

2. Hazardous Air Standards for 

Combustors: Interim Standards. 

(Checklist 197).

67 FR 6792–6818 February 13, 

2002.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 

Texas Administrative Code, Chapters 335.152(a)(13), 

335.112(a)(14), 335.221(a)(1), 305.50(a)(4)(A), 305.571(b), 

305.175, 305.571(b) and 305.572(a)(6), as amended effective 

through October 29, 2009. 

3. Universal Waste Rule: Specific 

Provisions for Mercury Containing Equipment. (Checklist 

209).

70 FR 45508–45522, August 5, 

2005.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section, 361.017 and 361.024, 

Texas Administrative Code, Chapters 335.261(b)(16)(F)(iii), 

335.1(162), 335.431(b)(3), and 335.261(a), as amended effective 

through October 29, 2009. 

4. Standardized Permit for RCRA 

Hazardous Waste Management 

facilities. (Checklist 210).

70 FR 53420–53478, September 

8, 2005.

Texas Water Code Annotated Sections 5.103 and 5.105 Texas 

Health & Safety Code Annotated Sections 361.017 and 361.024 

Texas Administrative Code, Chapters 39.503, 39.403(b)(1), 

335.1(111), 335.602, 335.1(142), 335.1, 305.661, 39.503(a), 

39.503(a)(2), 39.503(c), 305.650, 305.651, 305.42(f), 50.133, 

305.651, 305.653(b), 55.156 and 50.117(f), 50.139, 305.661, 

335.1(59), 305.150 and 335.31, 335.504, 335.601, 335.602(a)(1)– 

(6), 335.602(c), 335.602(a)(7)–(9), 335.2(c), 305.42(b), 305.63(a), 

305.64(g), 305.69(b)(1)(c), 305.66(a), 305.65, 305.650, 305.651, 

305.652, 305.653, 305.654, 305.655, 305.656, 305.657, 305.658, 

305.659, 305.660 and 305.661, as amended effective through October 29, 2009. 

5. Revision of Wastewater Treatment Exemptions for Hazardous 

Waste Mixtures (‘‘Headworks exemption’’). (Checklist 211).

70 FR 57769–57785, October 4, 

2005.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Sections 361.017 and 361.024, 

Texas Administrative Code Chapter 335.504, as amended effective 

through October 29, 2009. 

6. NESHAP: Final Standards for 

Hazardous Waste Combustors 

(Phase I Final Replacement 

Standards and Phase II). (Checklist 212).

70 FR 59402–59579, October 12, 

2005.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Sections 361.017 and 361.024, 

Texas Administrative Code, Chapters 305.150, 335.152(a)(13), 

335.112(a)(14), 335.221(a)(3), 305.150, 305.50(a)(15), 

305.50(a)(4)(A), 305.571(b) and 305.50(a)(4)(A), 305.50(a)(16), 

305.69(i)(1), 305.69(k)(L)(10), 305.175, 305.571, and 

305.572(a)(6), as amended effective through October 29, 2009. 

7. Burden Reduction Initiative. 

(Checklist 213).

71 FR 16862–16915, April 4, 2006 Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Sections 361.017 and 361.024, 

Texas Administrative Code, Chapters 335.504, 335.1(134)(A)(iv), 

IBR 335.2(g), 335.152(a)(1), 335.152(a)(3)–(4), 335.164(7)(B)–(C), 

335.165(6)–(7), 335.166(7), 335.152(a)(5)–(8), 335.152(a)(10), 

335.172(b), 335.175(a), 335.175(b)–(d), 335.175(c), 

335.152(a)(13)–(15), 335.152(a)(18), 335.152(a)(20), 

335.112(a)(1), 335.112(a)(3)–(13), 335.125(a), 335.125(b)–(f), 

335.125(f), 335.112(a)(18), 335.112(a)(20), 335.112(a)(22), 

335.221(a)(6), 335.224(11), 335.221(a)(14), 335.431(c)(1), 

305.45(a)(6) and 305.50(a)(1), 305.144(1), 305.69(k)(O) Appendix 

I, as amended effective through October 29, 2009. 


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Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

8. 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 Sections 361.017 and 361.024, 

Texas Administrative Code, Chapters 335.1(76), 335.1(112), 

335.1(162), 335.1(167), 335.29(4), 335.22, 335.23, 335.504(1), 

335.504(1), 335.504(3), 335.504(2), 335.29(4), 335.29(3), 

335.69(a)(1)(D), 335.13, 335.13(h), 335.76, 335.41(d)(4), 

335.76(h), 335.24(b), 335.152(a)(1), 335.163(1)(A), 

335.163(1)(A)(i), 335.163(9)(E), 335.164(1)(B), 335.164(7)(D)(i), 

335.165(11), 335.152(a)(5), 335.179(b), 37.211(f), 37.211(g), 

37.241(f), 37.201(f)(1)-(2), 37.231(f), 37.261(a)–(e), 37.231(a), 

37.211(c), 37.651, 37.351, 37.661(2), 37.661(13)–(14), 37.531(c)– 

(d), 37.621, 37.311, 37.611, 37.671(a), 37.671(3), 37.671(12), 

37.671(16), 335.152(a)(8), 335.168(c), 335.29(2) 335.168(e)(1)(A)– 

(C), 335.152(a)(9)–(10), 335.170(a)(1), 335.152(a)(10), 

335.172(c)(7), 335.172(d), 335.152(a)(11), 335.173(a)(3), 

335.173(e)(1)(b), 335.152(a)(12), 335.175(d)(2), 335.152(a)(13)– 

(20) 335.112, 335.112(a)(1), 335.112(a)(3), 335.116(d), 335.118(b), 

335.112(a)(6), 37.6001, 37.6021, 37.531, 335.112(a)(8)–(13), 

335.125, 335.112(a)(16), 335.112(a)(18)–(19), 335.112(a)(21), 

335.112(a)(22), 335.112(a)(24)(A), (D), and (E), 334.241(a), 

335.251, 335.221(a)(1), 335.223(a), 335.221(a)(6), 335.221(a)(8), 

335.221(a)(10), 335.224(5), 335.221(a)(11), 335.221(a)(13), 

335.221(a)(17), 335.221(a)(20), 37.351, 335.431(c)(1), Chapter 335 

Index, 335.2(a)–(c), 335.47(a)(1), 335.41(d)(2), 335.1(105), 

335.1(123), 305.50(a)(8), 305.44(b), 305.45(a)(7)(G), 

305.50(a)(4)(A), 305.122(a), 335.201(a), 305.69(e)(2)(A), 306.69 

Appendix I, 305.42(b), 335.261(b)(16)(F), 335.261(a), Chapter 324, 

as amended effective through October 29, 2009. 

9. Cathode Ray Tubes Rule. 

(Checklist 215).

71 FR 42928–42949, July 28, 

2006.

Texas Water Code Annotated Sections 5.103 and 5.105, 7.031, 

Texas Health & Safety Code Annotated Section 361.024, 361.082; 

Texas Administrative Code, Chapters 335.1(17), 335.1(35), 

335.1(36), 335.1(37), 335.1(138)(A)(iv), as amended effective 

through October 29, 2009. 

10. Exclusion of Oil-Bearing Secondary Materials Processed in a 

Gasification System to Produce 

Synthesis Gas. (Checklist 216).

73 FR 57–72, January 2, 2008 ..... Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 

Texas Administrative Code, Chapter 335.1(64), 335.504(1), as 

amended effective through October 29, 2009. 

11. NESHAP: Final Standards for 

Hazardous Waste Combustors 

(Phase I Final Replacement 

Standards and Phase II) Amendments. (Checklist 217).

73 FR 18970–18984, April 8, 2008 Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 

Texas Administrative Code, Chapter 335.152(a)(13) and 

335.221(a), as amended effective through October 29, 2009. 

12. F019 Exemption for Wastewater Treatment Sludges from 

Auto Manufacturing Zinc 

Phosphating Processes. (Checklist 218).

73 FR 31756–31769, June 4, 

2008.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 

Texas Administrative Code, Chapter 335.504(2), as amended effective through October 29, 2009. 

H. Where are the revised State rules 

different from the Federal rules? 

The State hazardous waste program is 

at least as equivalent to the Federal 

program in all areas, except where the 

State program is more stringent and 

broader in scope. The State of Texas 

Section 305.50(b)(1) is more stringent 

than the Federal program, because the 

State request from the owner/operator 

additional information that the 

executive director determines is 

necessary from 40 CFR 270.14 including 

post-closure cost estimates. Chapters 

39.503, 305.653(b) through 305.661, 

55.25 and 50.117(f) are more stringent 

than the Federal regulations at 40 CFR 

124.207, 124.208 and 124.209 regarding 

public notice, public comments and 

hearing on draft permit decisions and 

the requirements for responding to 

comments. Other State regulations that 

are also more stringent than the Federal 

regulations can be found at Sections 

335.175(b)–(d), 335.175(c). There are 

also some rules that are broader in scope 

because they cover both hazardous 

waste and Class 1 non-hazardous waste, 

whereas the Federal regulations cover 

only hazardous waste. Other differences 

contained in the current authorization 

application are that of the Standard 

Permit public notice and financial 

assurance requirements are broader in 

scope. Therefore, EPA cannot authorize 

broader in scope provisions because the 

Agency cannot enforce those 

regulations. 

I. Who handles permits after the 

authorization takes effect? 

The State of Texas will issue permits 

for all the provisions for which it is 

authorized and will administer the 

permits it issues. The EPA will continue 

to administer any RCRA hazardous 

waste permits or portions of permits 

which we issued prior to the effective 

date of this authorization. We will not 

issue any more new permits or new 

portions of permits for the provisions 

listed in the Table in this document 

after the effective date of this 

authorization. The EPA will continue to 

implement and issue permits for HSWA 

requirements for which Texas is not yet 

authorized. 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Rules and Regulations 13205 

J. How does today’s action affect Indian 

Country (18 U.S.C. 1151) in Texas? 

The State of Texas Hazardous 

Program is not being authorized to 

operate in Indian Country. 

K. What is codification and is the EPA 

codifying Texas’ hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart SS for this 

authorization of Texas’ program changes 

until a later date. In this authorization 

application the EPA is not codifying the 

rules documented in this Federal 

Register notice. 

L. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. This action 

authorizes State requirements for the 

purpose of RCRA 3006 and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this action 

authorizes preexisting requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This action will be 

effective May 7, 2012. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

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

Dated: February 17, 2012. 

Al Armendariz, 

Regional Administrator, EPA Region 6. 

[FR Doc. 2012–5376 Filed 3–5–12; 8:45 am] 

BILLING CODE 6560–50–P 


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