92066 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 2 TO PARAGRAPH (d)—EPA-APPROVED GEORGIA SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit No. 

State 

effective 

date 

EPA approval 

date Comments 

*******

Bowen Steam-Electric 

Generating Plant.

4911–015–0011–V–04–3 9/6/2023 11/21/2024, [Insert first 

page of Federal Register citation].

International Paper—Savannah.2631–051–0007–V–04–1 10/20/2023 11/21/2024, [Insert first 

page of Federal Register citation].

Brunswick Cellulose LLC .. 2631–127–0003–V–07–3 10/24/2023 11/21/2024, [Insert first 

page of Federal Register citation].

In Condition 6.2.52, the phrase ‘‘shall 

use emissions factors’’ means ‘‘shall 

use an emissions factor of 157 S lb/ 

Mgal.’’ 

■ 3. In § 52.570(e), amend the table by 

adding an entry for ‘‘Regional Haze 

Plan—Second Planning Period’’ at the 

end of the table to read as follows: 

(e) * * * 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable 

geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

Regional Haze Plan—Second Planning 

Period.

Georgia .................. 8/11/22 11/21/2024, [Insert first page of Federal 

Register citation].

[FR Doc. 2024–26977 Filed 11–20–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R06–RCRA–2021–0330; FRL–9522– 

01–R6] 

Texas: Incorporation by Reference of 

State Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This 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. The 

Environmental Protection Agency (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 are authorized and that 

EPA will enforce under the Solid Waste 

Disposal Act, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA). The EPA 

previously provided notices and 

opportunity for comments on the 

Agency’s decisions to authorize the 

State of Texas program and the EPA is 

not now reopening the decisions, nor 

requesting comments, on the Texas 

authorizations as previously published 

in the Federal Register documents 

specified in Section I.C of this final rule 

document. 

DATES: This regulation is effective on 

December 23, 2024. The Director of the 

Federal Register approves this 

incorporation by reference as of 

December 23, 2024, in accordance with 

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

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–RCRA–2021–0330. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically through https://

www.regulations.gov. 

You can view and copy the 

documents that form the basis for this 

codification and associated publicly 

available materials from 8:30 a.m. to 

4:00 p.m., Monday through Friday, at 

the following location: EPA, Region 6, 

1201 Elm Street, Suite 500, Dallas, 

Texas 75270, phone number: (214) 665– 

8533. Interested persons wanting to 

examine these documents should make 

an appointment with the office. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, EPA Region 6 Regional 

Authorization/Codification Coordinator, 

RCRA Permits and Solid Waste Section 

(LCR–RP), Land, Chemicals and 

Redevelopment Division, EPA Region 6, 

1201 Elm Street, Suite 500, Dallas, 

Texas 75270, phone number: (214) 665– 

8533, Email address: patterson.alima@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. 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 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 


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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. Why wasn’t there a proposed rule 

before this rule? 

The EPA is publishing this rule to 

codify Texas’ authorized hazardous 

waste management program without a 

prior proposal because we believe this 

action is not controversial. The reason 

being that, in accordance with section 

3006(b) of RCRA, EPA has already 

evaluated the State’s regulatory and 

statutory requirements and has 

determined that the State’s program 

meets the statutory and regulatory 

requirements established by RCRA. The 

EPA previously provided notices and 

opportunity for comments on the 

Agency’s decisions to authorize the 

Texas program. The EPA is not now 

reopening the decisions, nor requesting 

new comments, on the Texas 

authorizations as previously published 

in the Federal Register documents 

specified in Section I.C of this final rule 

document. The previous authorizations 

form the basis for the codification 

addressed in this final rule. 

C. What is the history of the 

authorization and codification of Texas’ 

hazardous waste management program? 

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); March 7, 2011 (76 FR 

12283), effective May 6, 2011; March 6, 

2012 (77 FR 13200), effective May 7, 

2012; November 30, 2012 (77 FR 71344), 

effective January 29, 2013; September 3, 

2014 (79 FR 52220), effective November 

3, 2014; October 21, 2015 (80 FR 63691), 

effective December 21, 2015; December 

28, 2015 (80 FR 80672), effective 

February 26, 2016; April 10, 2020 (85 

FR 20187), effective April 10, 2020; and 

March 5, 2021 (86 FR 12834), effective 

March 5, 2021. 

The EPA incorporated by reference 

Texas’ then authorized hazardous waste 

program effective December 3, 1997 (62 

FR 49163), November 15, 1999 (64 FR 

49673), December 29, 2008 (73 FR 

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

January 29, 2013 (77 FR 71344), and 

February 26, 2016 (80 FR 80672), and 

April 10, 2020 (85 FR 20187). 

In this document, EPA is revising 

subpart SS of 40 CFR part 272 to 

include the recent authorization 

revision actions effective March 5, 2021 

(86 FR 12834). 

D. What codification decisions have we 

made in this rule? 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference of the 

authorized hazardous waste 

management program of the State of 

Texas. In accordance with requirements 

of 1 CFR 51.5, the EPA is finalizing the 

incorporation by reference of the Texas 

rules described in the amendments to 40 

CFR part 272 set forth in section 

272.2201. The EPA has made, and will 

continue to make, these documents 

available electronically through https:// 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

The purpose of this document is to 

codify Texas’ base hazardous waste 

management program and the State’s 

revisions to that program. This 

document incorporates by reference 

Texas’ hazardous waste statutes and 

regulations and clarifies which of these 

provisions are included in the 

authorized and federally enforceable 

program. By codifying Texas’ authorized 

program and by amending the Code of 

Federal Regulations, the public will be 

more easily able to discern the status of 

federally approved requirements of the 

Texas hazardous waste management 

program. 

The EPA is incorporating by reference 

the Texas authorized hazardous waste 

program in subpart SS of 40 CFR part 

272. Section 272.2201(c)(1) incorporates 

by reference Texas’ authorized 

hazardous waste statutes and 

regulations. Section 272.2201 also 

references material which is not being 

incorporated by reference, but which 

EPA considered in determining the 

adequacy of Texas’ program. Section 

272.2201(c)(2) references sections of the 

Texas statutes which provide the legal 

basis for the State’s implementation of 

the hazardous waste management 

program. In addition, §§ 272.2201(c)(5), 

(6), and (7) reference the Memorandum 

of Agreement, the Attorney General’s 

Statements, and the Program 

Description, respectively. These 

documents are evaluated as part of the 

hazardous waste management program 

in accordance with subtitle C of RCRA 

but are not part of the material to be 

incorporated by reference. 

State provisions that are ‘‘broader in 

scope’’ than the Federal program are not 

incorporated by reference in 40 CFR 

part 272. For reference and clarity, the 

EPA lists in 40 CFR 272.2201(c)(3) the 

Texas statutory and regulatory 

provisions that are ‘‘broader in scope’’ 

than the Federal program, and which 

are not part of the authorized program 

being incorporated by reference. While 

‘‘broader in scope’’ provisions are not 

part of the authorized program and 

cannot be enforced by the EPA, the State 

may enforce such provisions under 

State law. At 40 CFR 272.2201(c)(4), 

EPA lists amendments to Texas 

regulations and Federal rules which are 

not part of the Texas authorized 

program. 

E. What is the effect of Texas’ 

codification on enforcement? 

The EPA retains its authority under 

statutory provisions, including but not 

limited to, RCRA sections 3007, 3008, 

3013, and 7003, and other applicable 

statutory and regulatory provisions to 

undertake inspections and enforcement 

actions and to issue orders in authorized 

States. With respect to these actions, the 

EPA will rely on Federal sanctions, 

Federal inspection authorities, and 

Federal procedures rather than any 

authorized State analogues to these 

provisions. Therefore, the EPA is not 

incorporating by reference such 

particular, approved Texas procedural 

and enforcement authorities. Section 

272.2201(c)(2) of 40 CFR lists the 

statutory and regulatory provisions 

which provide the legal basis for the 

State’s implementation of the hazardous 

waste management program, as well as 

those procedural and enforcement 

authorities that are part of the State’s 

approved program, but these are not 

incorporated by reference. 

F. What State provisions are not part of 

the codification? 

The public needs to be aware that 

some provisions of Texas’ hazardous 


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waste management program are not part 

of the federally authorized State 

program. These non-authorized 

provisions include: 

(1) Provisions that are not part of the 

RCRA subtitle C program because they 

are ‘‘broader in scope’’ than RCRA 

subtitle C (see 40 CFR 271.1(i)); 

(2) Federal rules for which Texas is 

not authorized, but which have been 

incorporated into the State regulations 

because of the way the State adopted 

Federal regulations by reference; 

(3) Unauthorized amendments to 

authorized State provisions; 

(4) New unauthorized State 

requirements; 

(5) Federal rules for which Texas is 

authorized but which were vacated by 

the U.S. Court of Appeals for the District 

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

1379 and 98–1379; June 27, 2014); and 

(6) Federal rules which Texas adopted 

but which were vacated by the U.S. 

Court of Appeals for the District of 

Columbia Circuit (D.C. Cir. No. 09– 

1038, rulings dated July 7, 2017 and 

March 6, 2018). 

State provisions that are ‘‘broader in 

scope’’ than the Federal program are not 

part of the RCRA authorized program 

and the EPA will not enforce them. 

Therefore, they are not incorporated by 

reference in 40 CFR part 272. For 

reference and clarity, 40 CFR 

272.2201(c)(3) lists the Texas regulatory 

provisions which are ‘‘broader in scope’’ 

than the Federal program and which are 

not part of the authorized program being 

incorporated by reference. ‘‘Broader in 

scope’’ provisions cannot be enforced by 

the EPA; the State, however, may 

enforce such provisions under State 

law. 

Additionally, Texas’ hazardous waste 

regulations include amendments which 

have not been authorized by the EPA. 

Since the EPA cannot enforce a State’s 

requirements which have not been 

reviewed and authorized in accordance 

with RCRA section 3006 and 40 CFR 

part 271, it is important to be precise in 

delineating the scope of a State’s 

authorized hazardous waste program. 

Regulatory provisions that have not 

been authorized by the EPA include 

amendments to previously authorized 

State regulations as well as certain 

Federal rules. 

Texas has adopted but is not 

authorized for the following Federal 

rules published in the Federal Register 

on December 31, 1985 (50 FR 53315); 

January 21, 1986 (51 FR 2702); 

September 22, 1986 (51 FR 33612); 

October 5, 1990 (55 FR 40834); February 

1, 1991 (56 FR 3978); February 13, 1991 

(56 FR 5910); April 2, 1991 (56 FR 

13406); May 1, 1991 (56 FR 19951); May 

13, 1991 (56 FR 21955); September 5, 

1991 (56 FR 43874); September 19, 1994 

(59 FR 47980); April 8, 1996 (61 FR 

15660); April 12, 1996 (61 FR 16290); 

April 30, 1996 (61 FR 19117); June 28, 

1996 (61 FR 33680); July 10, 1996 (61 

FR 36419); August 26, 1996 (61 FR 

43924); February 19, 1997 (62 FR 7502); 

June 8, 2000 (65 FR 36365); May 14, 

2001 (66 FR 24270); July 3, 2001 (66 FR 

35087); July 24, 2002 (67 FR 48393); 

October 7, 2002 (67 FR 62618); April 26, 

2004 (69 FR 22601); June 16, 2005 (70 

FR 35032); January 8, 2010 (75 FR 

1236); December 17, 2010 (75 FR 

78918); and June 26, 2014 (79 FR 

36220). Therefore, these Federal 

amendments included in Texas’ 

adoption by reference at 30 Texas 

Administrative Code (TAC) sections 

335.1(146)(A)(iv), 335.27; 335.112(a)(1) 

and (a)(4), 335.152(a)(1) and (a)(4), 

335.431(c)(1) and (c)(3), and 335.504(1) 

are not part of the State’s authorized 

program and are not part of the 

incorporation by reference addressed by 

this document. 

In those instances where Texas has 

made unauthorized amendments to 

previously authorized sections of State 

code, the EPA is identifying in 40 CFR 

272.2201(c)(4)(i) any regulations which, 

while adopted by the State and 

incorporated by reference, include 

language not authorized by the EPA. 

Those unauthorized portions of the 

State regulations are not federally 

enforceable. Thus, notwithstanding the 

language in Texas hazardous waste 

regulations incorporated by reference at 

40 CFR 272.2201(c)(1), the EPA will 

only enforce those portions of the State 

regulations that are actually authorized 

by the EPA. For the convenience of the 

regulated community, the actual State 

regulatory text authorized by the EPA 

for the citations listed at 272.2201(c)(4) 

(i.e., without the unauthorized 

amendments) is compiled as a separate 

document, Addendum to the EPA 

Approved Texas Regulatory 

Requirements Applicable to the 

Hazardous Waste Management 

Program, dated March, 2021. This 

document is available from EPA Region 

6, 1201 Elm Street, Suite 500, Dallas, 

Texas 75270, 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)(2) (‘‘legal 

basis for the State’s implementation of 

the hazardous waste management 

program’’), 40 CFR 272.2201(c)(3) 

(‘‘broader in scope’’) or 40 CFR 

272.2201(c)(4) (‘‘unauthorized State 

amendments’’), are considered new 

unauthorized State requirements. These 

requirements are not federally 

enforceable. After review and analysis 

of the State’s regulations, the EPA has 

notified the State to seek authorization 

for the unauthorized rules that the State 

has adopted and are documented in this 

Federal Register document. The EPA 

expects the State to include these rules 

as part of their next Program Revision 

Application package. 

Texas has adopted and was 

authorized for the following Federal 

rules which have since been vacated by 

the U.S. Court of Appeals for the District 

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

1379 and 08–1144, respectively, June 

27, 2014): (1) the Comparable Fuels 

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

261.38 published in the Federal 

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

as amended on June 15, 2010 (75 FR 

33712); and (2) the Gasification 

Exclusion Rule published on January 2, 

2008 (73 FR 57). 

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. 

G. 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 


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1https://www.epa.gov/environmentaljustice/ 

learn-about-environmental-justice. 

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. 

II. Environmental Justice 

Considerations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs federal agencies to 

identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 1

This 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. EPA is not now reopening 

prior decisions. The incorporation by 

reference of State authorized programs 

in the CFR should 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. 

Therefore, we conclude that this final 

rule does not have disproportionately 

high or adverse human health or 

environmental effects on communities 

with environmental justice concerns. 

III. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 

2011). This action incorporates by 

reference Texas’ authorized hazardous 

waste management regulations and 

imposes no additional requirements 

beyond those imposed by State law. 

Therefore, this action is not subject to 

review by OMB. This action is not an 

Executive Order 13771 (82 FR 9339, 

February 3, 2017) regulatory action 

because actions such as this codification 

of Texas’ revised hazardous waste 

program under RCRA are exempted 

under Executive Order 12866. 

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 incorporates by reference 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 (2 U.S.C. 1531– 

1538). 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 

incorporates by reference existing State 

hazardous waste management program 

requirements as part of the State RCRA 

hazardous waste management 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 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 section 3006(b), 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 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. The 

requirements being codified are the 

result of Texas’ voluntary participation 

in the EPA’s State program 

authorization process under RCRA 

Subtitle C. Thus, the requirements of 

section 10(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.). ‘‘Burden’’ is 

defined at 5 CFR 1320.3(b). 

Executive Order 12898 (59 FR 7629, 

Feb. 16, 1994) establishes Federal 

executive policy on environmental 

justice. Because this rule codifies preexisting State rules which are at least 

equivalent to, and no less stringent than 

existing Federal requirements, and 

imposes no additional requirements 

beyond those imposed by State law, and 

there are no anticipated significant 

adverse human health or environmental 

effects, the rule is not subject to 

Executive Order 12898. 

The Congressional Review Act, 5 

U.S.C. 801–808, 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 


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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 November 21, 

2024 because it is a final rule. 

List of Subjects in 40 CFR Part 272 

Environmental protection, Hazardous 

materials transportation, Hazardous 

waste, Incorporation by reference, 

Intergovernmental relations, Water 

pollution control, Water supply. 

Authority: This notice 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: November 13, 2024. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons set forth in the 

preamble, the EPA 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) History of the State of Texas 

authorization. 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, May 

7, 2012, January 9, 2013, November 3, 

2014, December 21, 2015, February 26, 

2016, April 10, 2020, and March 5, 

2021. 

(b) Enforcement authority. 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) 

Incorporation by reference. 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. You 

may obtain copies of the Texas statutes 

and regulations that are incorporated by 

reference in this paragraph from 

Thomson Reuters, 610 Opperman Drive, 

Eagan, MN 55123; Phone: 1–888–728– 

7677; website: https://legalsolutions.

thomsonreuters.com. You may inspect a 

copy at EPA Region 6, 1201 Elm Street, 

Suite 500, Dallas, Texas 75270, Phone 

number: (214) 665–8533, or at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

(i) ‘‘EPA-Approved Texas Statutory 

and Regulatory Requirements 

Applicable to the Hazardous Waste 

Management Program’’, dated March 

2021. 

(ii) [Reserved] 

(2) Legal basis. 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, 2016); 

Chapter 361, The Texas Solid Waste 

Disposal Act (TSWDA), 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, 361.068, 

361.069, 361.078, 361.079, 361.0791, 

361.080, 361.081, 361.082 (except 

361.082(a) and (f)), 361.083, 361.084, 

361.085, 361.0861(c), 361.0871(b), 

361.088, 361.0885, 361.089, 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, 

361.301, 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 Used 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), as 

amended effective September 1, 2017: 

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, 5.551 

through 5.556, and 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, 7.3511, 7.353; Chapter 26, 

sections 26.001(13), 26.011, 26.020 

through 26.022, 26.039, and 26.341 

through 26.367; and Chapter 27, 

sections 27.003, 27.017(a), 27.018(a)– 

(d), and 27.019. 

(iii) Texas Government Code as 

amended effective September 1, 2017, 

section 311.027. 

(iv) Texas Rules of Civil Procedure, as 

amended effective September 1, 2017, 

Rule 60. 

(v) Texas Administrative Code (TAC), 

Title 30, Environmental Quality, 2017, 

as amended, effective through December 

31, 2016: 

(A) Chapter 10; Chapter 39, sections 

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

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

39.403(b)(1), 39.405(f)(1), 39.411 (except 

(b)(4)(B), (b)(10), (b)(11), and (b)(13)), 

39.413 (except (10)), 39.420 (except (c) 

and (d)), 39.503 (except the reference to 

39.405(h) in (d) introductory paragraph, 

and (g)), and 39.801 through 39.810; 

(B) Chapter 50, sections 50.13, 50.19, 

50.39, 50.113 (except (d)), 50.117(f), 

50.119, 50.133, and 50.139; 

(C) Chapter 55, sections 55.25(a) and 

(b), 55.27 (except (b)), 55.152(a)(4), 

55.152(b), 55.154, 55.156 (except (d)– 

(g)), 55.201 (except as applicable to 

contested case hearings), and 55.211 

(except as applicable to contested case 

hearings); 

(D) Chapter 70, section 70.10; 

(E) 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)’’ and the phrases ‘‘subsurface 

area drip dispersal systems’’ and 

‘‘radioactive material’’ in the 

introductory paragraph), 281.17(d) 


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(except the references to radioactive 

material licenses), 281.17(e) and (f), 

281.18(a) (except for the sentence ‘‘For 

applications for radioactive . . . within 

thirty 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 

‘‘and 32’’ and the phrase ‘‘and the Texas 

Radiation Control Act.’’), 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; 

(F) 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)–(l), 305.123 (except the 

phrases ‘‘and 32’’ and ‘‘and 401’’), 

305.125(1) and (3), 305.125(20), 

305.127(1)(B)(i), 305.127(4)(A) and (C), 

305.127(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 

(G) Chapter 335, sections 335.2(b), 

335.43(b), 335.206, 335.391 through 

335.393. 

(3) Related legal provisions. 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, 2016): 

Chapter 361, The Texas Solid Waste 

Disposal Act (TSWDA), sections 

361.131 through 361.140; Chapter 371, 

Texas Used 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, 2017, 

as amended, effective through December 

31, 2016: 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 335.1(146) ‘‘Solid waste’’ 

(a)(iv) introductory paragraph (IBR of 40 

CFR 261.4(a)(24)), 335.18(a)(6), 

335.19(d), 335.27 (IBR of 40 CFR 

260.43(a)(4)), 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, dated March 2021. Copies of 

the document can be obtained from EPA 

Region 6, 1201 Elm Street, Suite 500, 

Dallas, TX 75270. 

TABLE 1 TO PARAGRAPH (c)(4)(i) 

State provision 

(December 31, 2016) 

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 ....................................................

20 TexReg 2709 ....................................................

11/27/92 

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 

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

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

11/20/96 

10/19/98 

38 TexReg 970 ...................................................... 2/21/13 

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

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

11/20/96 

10/19/98 

38 TexReg 970 ...................................................... 2/21/13 

335.45(b) ................................................................. 9/1/86 17 TexReg 5017 .................................................... 7/29/92 

335.204(a)(1) .......................................................... 5/28/86 16 TexReg 6065 .................................................... 11/7/91 

335.204(b)(1) .......................................................... 5/28/86 16 TexReg 6065 .................................................... 11/7/91 

335.204(b)(6) .......................................................... 5/28/86 16 TexReg 6065 .................................................... 11/7/91 

335.204(c)(1) .......................................................... 5/28/86 16 TexReg 6065 .................................................... 11/7/91 

335.204(d)(1) .......................................................... 5/28/86 16 TexReg 6065 .................................................... 11/7/91 

335.204(e)(6) .......................................................... 5/28/86 16 TexReg 6065 .................................................... 11/7/91 

(ii) Texas has partially or fully 

adopted, but is not authorized to 

implement, the Federal rules that are 

listed in the 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 


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both HSWA and non-HSWA requirements, the EPA will enforce only 

the HSWA portions of the rules. 

TABLE 2 TO PARAGRAPH (c)(4)(ii) 

Federal requirement Federal Register 

reference Publication date 

Listing of Spent Solvents (HSWA) (Checklist 20 and Rule 20.1) ........................................... 50 FR 53315 .....................

51 FR 2702 .......................

December 31, 1985. 

January 21, 1986. 

Listing of Spent Pickle Liquor (Non-HSWA) (Checklist Rule 26.1) ......................................... 51 FR 33612 ..................... September 22, 1986. 

Toxicity Characteristic; Hydrocarbon Recovery Operations (HSWA) (Checklist 80 and 

Rules 80.1 and 80.2).

55 FR 40834 .....................

56 FR 3978 .......................

56 FR 13406 .....................

October 5, 1990. 

February 1, 1991. 

April 2, 1991. 

Toxicity Characteristic; Chlorofluorocarbon Refrigerants (HSWA) (Checklist 84) ................... 56 FR 5910 ....................... 56 FR 5910. 

Administrative Stay for K069 Listing (Non-HSWA) (Checklist 88) .......................................... 56 FR 19951 ..................... May 1, 1991. 

Revision to the Petroleum Refining Primary and Secondary Oil/Water/Solids Separation 

Sludge Listings (HSWA) (Checklist 89).

56 FR 21955 ..................... May 13, 1991. 

Coke Oven Administrative Stay (HSWA) (Checklist 98) ......................................................... 56 FR 43874 ..................... September 5, 1991. 

Hazardous Waste Management System; Testing and Monitoring Activities, Land Disposal 

Restrictions Correction (HSWA) (Checklist Rule 126.1).

59 FR 47980 ..................... September 19, 1994. 

Land Disposal Restrictions Phase III—Decharacterized Wastewaters, Carbamate Wastes, 

and Spent Potliners (HSWA) (Checklist Rules 151.1, 151.2, 151.3, 151.4, 151.5, and 

151.6).

61 FR 15660 .....................

61 FR 19117 .....................

61 FR 33680 .....................

61 FR 36419 .....................

April 8, 1996. 

April 30, 1996. 

June 28, 1996. 

July 10, 1996. 

61 FR 43924 ..................... August 26, 1996. 

62 FR 7502 ....................... February 19, 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. 

Hazardous Air Pollutant Standards; Technical Corrections (Non-HSWA) (Checklist Rules 

188.1 and 188.2.

66 FR 24270 .....................

66 FR 35087 .....................

May 14, 2001. 

July 3, 2001. 

Zinc Fertilizers Made from Recycled Hazardous Secondary Materials (HSWA and NonHSWA) (Checklist 200).67 FR 48393 ..................... July 24, 2002. 

Land Disposal Restrictions: National Treatment Variance to Designate New Treatment 

Subcategories for Radioactively Contaminated Cadmium, Mercury-Containing Batteries 

and Silver-Containing Batteries (HSWA) (Checklist 201).

67 FR 62618 ..................... October 7, 2002. 

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

205).

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

Non-wastewaters from Dyes and Pigments Correction (HSWA) (Checklist Rule 206.1) ....... 70 FR 35032 ..................... June 16, 2005. 

Removal of Saccharin and Its Salts from the Lists of Hazardous Constituents (Non-HSWA) 

(Checklist Rule 225).

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

Hazardous Waste Technical Corrections and Clarifications Rule (Non-HSWA) (Checklist 

228).

77 FR 22229 ..................... April 13, 2012. 

Revisions to the Export Provisions of the Cathode Ray Tube (CRT) Rule (HSWA) (Checklist 232).79 FR 36220 ..................... June 26, 2014. 

(iii) The Federal rules listed in the 

table below are not delegable to States. 

Texas has adopted these provisions and 

left the authority to the EPA for 

implementation and enforcement. 

TABLE 3 TO PARAGRAPH (c)(4)(iii) 

Federal requirement Federal Register 

reference Publication date 

Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision 

(HSWA) (Checklist 152).

61 FR 16290 ..................... April 12, 1996. 

OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) 

(Checklist 222).

75 FR 1236 ....................... January 8, 2010. 

(iv) Texas has chosen not to adopt, 

and is not authorized to implement, the 

following optional Federal rules: 

TABLE 4 TO PARAGRAPH (c)(4)(iv) 

Federal requirement Federal Register 

reference Publication date 

Storage, Treatment, Transportation and Disposal of Mixed Waste (Non-HSWA) (Checklist 

191).

66 FR 27218 ..................... May 16, 2001. 


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TABLE 4 TO PARAGRAPH (c)(4)(iv)—Continued 

Federal requirement Federal Register 

reference Publication date 

Inorganic Chemical Manufacturing Waste Identification and Listing (HSWA/Non-HSWA) 

(Checklist Rule 195.1).

67 FR 17119 ..................... April 9, 2002. 

Revisions to the Definition of Solid Waste (Non-HSWA) (Checklist 219) ............................... 73 FR 64668 ..................... October 30, 2008. 

Expansion of RCRA Comparable Fuel Exclusion (Non-HSWA) (Checklist 221) .................... 73 FR 77954 ..................... December 19, 2008. 

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

(5) Vacated Federal rules. (i) Texas 

adopted and was authorized for the 

following Federal rules which have 

since been vacated by the U.S. Court of 

Appeals for the District of Columbia 

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

1144, respectively; June 27, 2014): 

TABLE 5 TO PARAGRAPH (c)(5)(i) 

Federal requirement Federal Register 

reference Publication date 

Hazardous Waste Combustors; Revised Standards (HSWA) (Checklist 168—40 CFR 

261.4(a)(16) and 261.38 only).

63 FR 33782 ..................... June 19, 1998. 

Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to 

Produce Synthesis Gas (Checklist 216—Definition of ‘‘Gasification’’ at 40 CFR 260.10 

and amendment to 40 CFR 261.4(a)(12)(i)).

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

(ii) Texas has adopted the following 

Federal provisions from the Revisions to 

the Definition of Solid Waste Rule (80 

FR 1694); January 13, 2015, which have 

since been vacated by the United States 

Court of Appeals for the District of 

Columbia Circuit (Am. Petroleum Inst. 

v. EPA, 862 F.3d 50 (D.C. Cir. 2017) and 

Am. Petroleum Inst. v. EPA, No. 09– 

1038 (D.C. Cir. Mar. 6, 2018): 

(A) one criterion in the determination 

of whether recycling is legitimate at 40 

CFR 260.43(a)(4); 

(B) one criterion related to the 

management of hazardous secondary 

materials at verified recycler facilities at 

40 CFR 260.30(f); 

(C) one criterion in the variance 

determination for exceptions to the 

classification of hazardous secondary 

materials as a solid waste (at 40 CFR 

260.31(d)(6)); and 

(D) the verified recycler exclusion, 

which allowed generators to send their 

hazardous secondary materials to 

certain reclaimers at 40 CFR 

261.4(a)(24). 

(6) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 6 and the State of Texas 

was 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. The 2012 Memorandum of 

Agreement was re-certified by the 

Executive Director of the TCEQ on 

March 26, 2015, and the EPA Regional 

Administrator on September 30, 2015, 

and is referenced as part of the 

authorized hazardous waste 

management program under Subtitle C 

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

(7) Statement of legal authority. 

‘‘Attorney General’s Statement for Final 

Authorization’’, signed by the Attorney 

General of Texas on May 22, 1984 and 

revisions, supplements, and addenda to 

that Statement dated November 21, 

1986, July 21, 1988, December 4, 1989, 

April 11, 1990, July 31, 1991, February 

25, 1992, November 30, 1992, March 8, 

1993, January 7, 1994, August 9, 1996, 

October 16, 1996, as amended February 

7, 1997, March 11, 1997, January 5, 

1999, November 2, 1999, March 1, 2002, 

July 16, 2008, December 6, 2011, 

February 22, 2013, June 10, 2016, and 

July 9, 2020 are referenced as part of the 

authorized hazardous waste 

management program under Subtitle C 

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

(8) Program Description. The Program 

Description and any other materials 

submitted as part of the original 

application or as supplements thereto 

are referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

■ 3. Appendix A to part 272 is amended 

by revising the listing for ‘‘Texas’’ to 

read as follows: 

Appendix A to Part 272—State 

Requirements 

* * * * * 

Texas 

The statutory provisions include: 

Texas Health and Safety Code (THSC) 

Annotated, (Vernon, 2016): Chapter 361, The 

Texas Solid Waste Disposal Act, sections 

361.003 (except (3), (6), (11), (14), (14–a), 

(15), (18–a), (19), (27), (33), (35), (37), 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 Used 

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 

Thomson Reuters, 610 Opperman Drive, 

Eagan, MN 55123; Phone: 1–888–728–7677; 

website: https://legalsolutions.

thomsonreuters.com. 

The regulatory provisions include: 

Texas Administrative Code (TAC), Title 30, 

Environmental Quality, 2017, as amended, 

effective through December 31, 2016. Please 

note that for some provisions, the authorized 

versions are found in the TAC, Title 30, 

Environmental Quality, as amended effective 

January 1, 1994, January 1, 1997, December 

31, 1999, December 31, 2001, December 31, 

2012, 

December 31, 2014, or January 8, 2015. 

Texas made subsequent changes to these 

provisions, but these changes have not been 

authorized by EPA. Where the provisions are 

taken from regulations other than those 

effective December 31, 2016, notations are 

made below. 

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

Chapter 20, Section 20.15; Chapter 35, 

Section 35.402(e); Chapter 37, Sections 37.1 

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, 37.601 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 THSC 

sections 401.003 and 401.004, relative to 

Radioactive Materials and the reference to 


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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 or Post-Closure Order, 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) and reference 

to ‘‘and for a Post-closure order’’ at 

305.45(a)(8)(C)); 305.47; 305.50(a) 

introductory paragraph—(a)(3) (except the 

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

305.50(a)(4) (December 31, 2012); 

305.50(a)(5)–(a)(8); 305.50(a)(13)–(a)(16); 

305.50(b); 305.51; 

Chapter 305, Subchapter D—Amendments, 

Renewals, Transfers, Corrections, Revocation, 

and Suspension of Permits, Sections 305.61; 

305.62(a) (except the phrase in the first 

sentence ‘‘under § 305.70 of this title . . . 

Solid Waste Class I Modifications)’’ and the 

fifth sentence ‘‘If the permittee requests a 

modification of a municipal solid waste 

permit . . . § 305.70 of this title.’’); 305.62(b); 

305.62(c) introductory paragraph (except the 

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

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

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

(except the phrase ‘‘except for Texas 

Pollutant Discharge Elimination System 

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

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

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

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

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

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

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

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

305.69(b) (except the phrases ‘‘Additional 

Contents of Application for an Injection Well 

Permit’’ and ‘‘Waste Containing Radioactive 

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

305.69(c); 305.69(d) (except (d)(7)); 

305.69(e)–(h); 305.69(i)(3) and (i)(4); 

305.69(j); 305.69(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 (except (e)); 

305.124; 305.125 introductory paragraph; 

305.125(2) and (4); 305.125(5) (except the 

second sentence); 305.125(6)–(8); 305.125(9) 

(except (9)(C)); 305.125(10) (except the 

phrases ‘‘and 32’’ and ‘‘and 401.603’’); 

305.125(11) (except the phrase ‘‘as otherwise 

required by Chapter 336 of this title’’ relative 

to Radioactive Substances in (11)(B)); 

305.125(12)–(19), and (21); 305.127 

introductory paragraph; 305.127(1)(B)(iii); 

305.127(1)(E) and (F); 305.127(2); 

305.127(3)(A) (except the last two sentences); 

305.127(3)(B) and (C); 305.127(4)(B); 

305.127(5)(C); 305.128; 

Chapter 305, Subchapter G—Additional 

Conditions for Hazardous and Industrial 

Solid Waste Storage, Processing, or Disposal 

Permits, Sections 305.141 through 305.145; 

305.150; 

Chapter 305, Subchapter I—Hazardous 

Waste Incinerator Permits, Sections 305.171 

through 305.176; 

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, Subchapter A—Used Oil 

Recycling, Sections 324.1; 324.2 (except 

324.2(2)); 324.3 (except 324.3(5)); 324.4; 

324.6; 324.7; 324.11 through 324.16; 324.21; 

324.22(d)(3); 

Chapter 335, Subchapter A—Industrial 

Solid Waste and Municipal Hazardous Waste 

in General, Sections 335.1 introductory 

paragraph—(4), (6)–(12), (16)–(19), (21)–(23), 

(27), (28), (30)–(35), (38), (40), (42)–(51), (52) 

(except for the phrase ‘‘or is used for 

neutralizing the pH of non-hazardous 

industrial solid waste’’), (54)–(59), (61)–(65), 

(67), (68), (70), (71), (73)–(82), (84)–(120) 

(except the phrase ‘‘solid waste or’’ at (94), 

(95), (96), (99), (100), and (105)), (122)–(124) 

(except the phrase ‘‘solid waste or’’ at (122)), 

(128)–(134) (except two instances of the 

phrase ‘‘solid waste or’’ at (129)), (136), 

(138)–(142), (144)–(146)(A)(iii), (146)(A)(iv) 

introductory paragraph (except the last 

sentence and the IBR of 40 CFR 261.4(a)(24)), 

(146)(B)–(G) (except the phrase ‘‘Except for 

materials described in subparagraph (H) of 

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

paragraphs), (146)(I)–(K), (147), (148), (150)– 

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

(153), (156) and (158)), (161)–(165) (except 

the phrase ‘‘or industrial solid’’ at (161), 

(164), and (165)), (167)–(180) (except two 

instances of the phrase ‘‘solid waste or’’ at 

(170)), (181) (except the phrase ‘‘or industrial 

solid’’ at (181)(B)), (182)–(184), and (185) 

(except two instances of the phrase ‘‘solid 

waste or’’); 335.2 (except (b), (d), (h), (k) and 

(n)); 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) and (g); 

335.6(h) (except the third sentence); 335.6(i) 

and (j); 335.7; 335.8(a)(1) and (2); 335.9(a) 

(except (a)(2) and (3)); 335.9(a)(2) and (3) 

(January 1, 1997); 335.9(b) (January 1, 1994); 

335.10(a) and (b); 335.11(a); 335.12(a); 

335.13(a) (January 1, 1997); 335.13(c) and (d) 

(January 1, 1994); 335.13(e) and (f) (January 

1, 1997); 335.13(g) (January 1, 1994); 

335.13(k); 335.14; 335.15 introductory 

paragraph (January 1, 1994); 335.15(1); 

335.15(3) (except two references to ‘‘Class 1 

waste’’ at introductory paragraph); 335.17(a); 

335.18(a) (except (a)(6); 335.19 (except 

335.19(d) and (e)); 335.20 through 335.23(1); 

335.23(2) (January 1, 1994); 335.24(a)–(f); 

335.24(m) and (n); 335.26; 335.27 (except the 

IBR of 40 CFR 260.43(a)(4)); 335.29 (except 

335.29(3)); 335.29(3) (December 31, 2014); 

335.30 through 335.32; 

Chapter 335, Subchapter B—Hazardous 

Waste Management General Provisions, 

Sections 335.41(a)–(c); 335.41(d) 

introductory paragraph and (d)(2)–(4); 

335.41(d)(1) (December 31, 2001); 335.41(e)– 

(j); 335.43(a); 335.44; 335.45; 335.47 (except 

(b) and 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 through 335.68; 335.69 

(except ‘‘and (n)’’ in (a) introductory 

paragraph, (i), and (n)); 335.70; 335.71; 

335.73 through 335.75; 335.76 (except (h)); 

335.77; 335.78(a); 335.78(b) (January 1, 1997); 

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

introductory paragraph (January 1, 1997); 

335.78(e)(1) and (2); 335.78(f) (except 

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

335.78(g) (except (g)(2)); 335.78(g)(2) (January 

1, 1997); 335.78(h)–(j); 335.79; 

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; 

Chapter 335, Subchapter E—Interim 

Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage, or 

Disposal Facilities, Sections 335.111; 335.112 

(except (a)(17)); 335.113; 335.115 through 

335.128; 

Chapter 335, Subchapter F—Permitting 

Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage, or 

Disposal Facilities, Sections 335.151 through 

335.153; 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), and (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 

through 335.214; 335.221 through 335.225; 

335.241(except (b)(4)); 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 (except (2)); 

335.504(2) (January 8, 2015, 40 TexReg 77; 

August 22, 2014 proposed rule, 39 TexReg 

6376); 

Chapter 335, Subchapter U, Standards for 

Owners and Operators of Hazardous Waste 

Facilities Operating Under a Standard 

Permit, Sections 601 and 602; 

Chapter 335, Subchapter V, Standards for 

Reclamation of Hazardous Secondary 

Materials, Sections 701 through 706. 

Copies of the Texas regulations that are 

incorporated by reference are available from 

Thomson Reuters, 610 Opperman Drive, 

Eagan, MN 55123; Phone: 1–888–728–7677; 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92075 

website: https://legalsolutions.

thomsonreuters.com. 

* * * * * 

[FR Doc. 2024–26905 Filed 11–20–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R04–UST–2024–0279; FRL–12181– 

03–R4] 

North Carolina: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a correction to 

a direct final rule that was published in 

the Federal Register on Tuesday, 

October 1, 2024, which will be effective 

on December 2, 2024. In the direct final 

rule, the EPA is approving revisions to 

the State of North Carolina’s 

Underground Storage Tank Program 

under subtitle I of the Resource 

Conservation and Recovery Act (RCRA). 

In addition, the direct final rule codifies 

the EPA’s approval and incorporates by 

reference those provisions of the State 

statutes and regulations that the EPA 

has determined meet the requirements 

for approval. This document corrects 

inadvertent errors introduced in 

preparing the amendatory regulatory 

text for publication. These corrections 

do not include any substantive changes 

to the direct final rule. 

DATES: The correction is effective 

December 2, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R04–UST–2024–0279. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Upendra Giri, RCRA Programs and 

Cleanup Branch, Land, Chemicals, and 

Redevelopment Division, U.S. 

Environmental Protection Agency, 

Region 4, Atlanta Federal Center, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960; Phone number: (404) 562– 

8185; email address: giri.upendra@

epa.gov. Please contact Upendra Giri by 

phone or email for further information. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2024–22541 appearing at 89 FR 79756 

in the Federal Register of Tuesday, 

October 1, 2024, the following 

corrections are made: 

§ 282.83 [Corrected] 

■ In § 282.83(d)(1), beginning in the first 

column of page 79761 and ending in the 

third column of page 79762, correct the 

paragraph level designation for each of 

the 5th level paragraphs from nonitalicized Arabic numerals to italicized 

Arabic numerals. 

Dated: November 15, 2024. 

Ce ́sar A. Zapata, 

Acting Deputy Regional Administrator, 

Region 4. 

[FR Doc. 2024–27123 Filed 11–20–24; 8:45 am] 

BILLING CODE 6560–50–P 


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