52220 Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations 

Commodity Parts per 

million 

Cattle, liver .......................... 50 

Cattle, meat ........................ 0 .02 

Cattle, meat byproducts, except liver .......................... 0 .30 

* * * * * 

Goat, fat .............................. 0 .04 

Goat, liver ........................... 50 

Goat, meat .......................... 0 .02 

Goat, meat byproducts, except liver .......................... 0 .30 

* * * * * 

Hog, liver ............................ 2 .0 

* * * * * 

Horse, fat ............................ 0 .04 

Horse, liver ......................... 50 

Horse, meat ........................ 0 .02 

Horse, meat byproducts, 

except liver ...................... 0 .30 

* * * * * 

Sheep, fat ........................... 0 .04 

Sheep, liver ......................... 50 

Sheep, meat ....................... 0 .02 

Sheep, meat byproducts, 

except liver ...................... 0 .30 

* * * * * 

[FR Doc. 2014–20947 Filed 9–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2013–0624 FRL 9915–99– 

Region 6] 

Texas: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The State of Texas has 

applied to the Environmental Protection 

Agency (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 direct 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 November 3, 2014 

unless the EPA receives adverse written 

comment by October 3, 2014. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this direct 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 

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 

Texas 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 


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Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations 52221 

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), 

March 7, 2011 (76 FR 12285) effective 

May 6, 2011 and March 6, 2012 (77 FR 

13200) effective May 7, 2012. 

On March 28, 2013, 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 

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, 324 and 335, 

effective February 21, 2013. Some of the 

State rules incorporate the Federal 

regulations by reference. Texas Water 

Code Section 5.103 and Section 5.105 

and Texas Health and Safety Code 

Section 361.017 and Section 361.024 

confer 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 Texas 

Health and Safety Code Section 401.415. 

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 that waste under 

RCRA. The TCEQ jurisdiction over 

Solid waste can be found at Chapter 

361, Sections 361.001 through 361.754 

of the Texas Health and Safety Code. 

The TCEQ’s jurisdiction encompasses 

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 


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52222 Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations 

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 XIX 

through XXI excluding the Definition of 

Solid Waste (Checklist 219) in RCRA 

Cluster XIX and Removal of ‘‘Saccharin 

and Its Salts’’ from the Lists of 

Hazardous Generator Standards 

Technical Corrections (Checklist 225) 

also in RCRA Cluster XXI, because the 

TCEQ did not adopt these rules. The 

State is also seeking authorization for 

Recycled Used Oil Management 

Standards; Clarification (Checklist 203), 

Uniform Hazardous Waste Manifest 

Rule (Checklist 207), Academic 

Laboratories Generator Standards 

(Checklist 220), Organization for 

Economic Cooperation and 

Development ((OECD) (Checklist 222)) 

Requirements, Hazardous Waste 

Technical Corrections and Clarification 

(Checklist 223) and Academic 

Laboratories Generator Standards 

Technical Corrections (Checklist 226). 

The TCEQ authority includes changes to 

30 Texas Administrative Code Chapters 

305, 324, and 335. The Commissioners 

adopted these rules on January 29, 2013 

and the rules became effective on 

February 21, 2013. The TCEQ authority 

to incorporate Federal rules by reference 

can be found at Texas Administrative 

Code 335 Sections 335.28, 335.29 and 

335.31. 

G. What changes are we approving with 

today’s action? 

On March 28, 2013, 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 a direct 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 July 

30, 2003, through December 20, 2010. 

The adoption for RCRA Clusters XIX 

through XXI are Checklists 220, 222, 

223, and 226. Also Checklists 203, 207 

and 208 are included in the below chart. 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority ) Analogous state authority 

1. Recycled Used Oil Management 

Standards; Clarification. (Checklist 203).

64 FR 44659–44665 July 30, 2003 Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 30 

Texas Administrative Code, Chapter 335.78(j), 224.1, 324.3 and 

324.14 as amended January 29, 2013 effective February 21, 2013. 

2. Uniform Hazardous Waste Manifest Rule. (Checklist 207).70 FR 10776–10825 March 4, 

2005.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 30 

Texas Administrative Code, Chapter 335.1(39), 335.1(95), 

335.1(96), 335.10(a), 335.41(f)(2)(iii), 335.67, 335.67(b), 335.68, 

335.69, 335.69(m), 335.76(d), 335.11(a), 335.12(a), 335.152(a)(4), 

335.15(3), and 335.112(a)(4), as amended January 29, 2013 effective February 21, 2013. 

3. Methods Innovation and SW–846 

Final Update IIIB. (Checklist 208).

70 FR 34538–34592 June 14, 

2005. As amended August 1, 

2005; 70 FR 44150–44151.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 30 

Texas Administrative Code, Chapter 335.31, 4 as amended 

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

335.152(a)(8), 335.175(c), 335.152(a)(17)(c), 335.152(a)(17), 

335.152(a)(18), 335.152(a)(21), 335.152(a)(9), 335.125(d), 

335.152(19), 335.221(a)(1), 335.221(a)(3), 335.221(a)(17), 

335.221(a)(23), 335.221(a), 335.431(c)(1), 305.50(a)(4)(A), 

305.172(2)(a)(iii)–(iv), 324.1, 324.11, 324.12 and 324.13, amended 

and effective February 21, 2013. 

4. Academic Laboratories Generator Standards. (Checklist 220).73 FR 72912–72960 December 1, 

2008.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 30 

Texas Administrative Code, Chapter 335.78(c)(6), 335.78(c)(7), 

335.61(i) and 335.79, 335.61(i) and 335.61(i)(1)–(2), 335.61(i)(2), 

and 335.79, as amended January 29, 2013 effective February 21, 

2013. 

5. OECD Requirements; Export 

Shipments of Spend Lead-Acid 

Batteries. (Checklist 222).

75 FR 1236–1262 January 8, 

2010.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 30 

Texas Administrative Code, Chapter 335.13(o), 335.13(k), 335.76, 

335.24(c)(1)(A), 335.76(a), 335.76(f), 335.76(h), 335.11(e), 

335.152(a)(1), 335.112(a)(1), 335.112(a)(4) and 335.71(d), as 

amended January 29, 2013 effective February 21, 2013. 

6. Hazardous Waste Technical Corrections and Clarifications. 

(Checklist 223).

75 FR 13009, 75 FR 31716– 

31717, March 18, 2010, June 4, 

2010.

Texas Water Code Annotated Sections 5.103 and 5.105, Texas 

Health & Safety Code Annotated Section 361.017 and 361.024; 30 

Texas Administrative Code, Chapter 335.504(1), 335.1(138)(A)(iv) 

and 335.1(138(D)(iv), 335.504(2), 335.504(3), 335.61(e), 335.77, 

335.62, 335.10(a), 335.69(a)(4)(B), 335.69(b), 335.69(d), 

335.69(e), 335.69(f)(4)(C), 335.10(a), 335.2(o), 335.94, 

335.152(a)(3), 335.153(2), 335.12(e), 335.12(c), 335.175, 

335.152(a)(12), 335.152(a)(14), 335.112(a)(3), 335.113(2), 335.12, 

335.125, 335.112(a)(13), 335.211(b), 335.211(b), 335.213, 

335.241(d), 335.251(b)(1), 335.222(e)(1)(E), 335.431(c)(1), and 

305.122(a), as amended January 29, 2013 effective February 21, 

2013. 


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Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations 52223 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority ) Analogous state authority 

7. Academic Laboratories Generator Standards Technical Corrections. (Checklist 226).75 FR 79304–79308 December 

20, 2010.

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 335.79), as amended January 29, 2013 

effective February 21, 2013. 

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’s more 

stringent and broader in scope 

provisions are listed in the State 

codification crosswalk dated July 2009. 

Under RCRA title C provisions, the 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. 

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 document. 

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 November 3, 2014. 


wreier-aviles on DSK5TPTVN1PROD with RULES
52224 Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations 

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: August 5, 2014. 

Ron Curry, 

Regional Administrator, EPA Region 6. 

[FR Doc. 2014–20789 Filed 9–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 12–267, 11–43; FCC 13–111] 

Rules Governing the Licensing of, and 

Spectrum Usage by, Commercial Earth 

Stations and Space Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s Report and Order 

adopting comprehensive changes to the 

Commission’s rules governing licensing 

and operation of space stations and 

earth stations for the provision of 

satellite communication services. This 

document is consistent with the Report 

and Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing 

OMB approval and the effective date of 

all of the rule changes adopted in the 

Report and Order. 

DATES: 47 CFR 25.170, 25.171, 25.172, 

25.173, 25.285, 25.286, and 25.287, and 

the amendments to 47 CFR 25.103, 

25.111, 25.112, 25.113, 25.114, 25.115, 

25.118, 25.121, 25.129, 25.130, 25.131, 

25.132, 25.133, 25.134, 25.135, 25.136, 

25.138, 25.140, 25.142, 25.143, 25.144, 

25.145, 25.146, 25.153, 25.154, 25.161, 

25.164, 25.201, 25.202, 25.203, 25.204, 

25.206, 25.208, 25.209, 25.210, 25.211, 

25.212, 25.214, 25.215, 25.217, 25.218, 

25.220, 25.221, 25.222, 25.223, 25.226, 

25.227, 25.259, 25.260, 25.271, 25.272, 

25.276, and 25.281 published February 

12, 2014 (79 FR 8308) are effective 

September 3, 2014. 

The incorporation by reference of 

certain publications listed in 47 CFR 

25.281 is approved by the Director of 

the Federal Register as of September 3, 

2014. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Cathy 

Williams, Cathy.Williams@fcc.gov, (202) 

418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on August 

15, 2014, OMB approved the 

information collection requirements 

contained in the Commission’s Report 

and Order, FCC 13–111, published at 79 

FR 8308, February 12, 2014. The OMB 

Control Number is 3060–0678. While 

not all the revisions to part 25 adopted 

in the Report and Order required 

approval by OMB under the PRA, many 

did. Those requirements could not go 

into effect until OMB approved the 

information collection requirements and 

the Commission published a notice 

announcing the effective date of those 

requirements. To avoid confusion, all 

rule changes adopted in the Report and 

Order will become effective on the same 

date. The Commission publishes this 

notice as an announcement of the 

effective date of the requirements. 

Publication of this effective date 

announcement does not alter the 

revisions and amendments made to the 

publication of FCC 13–111 at 79 FR 

8308 in 79 FR 44312 (47 CFR 25.140(b)); 

79 FR 44140 (47 CFR 25.285(a)(2)); 79 

FR 27502 (47 CFR 25.149(a)(1)); or 79 

FR 27503 (47 CFR 25.113). Additionally, 

the Definition of Earth Stations Aboard 

Aircraft in 47 CFR 25.103 adopted April 

17, 2014, and released on April 18, 2014 

(FCC 14–45), should remain as 

published at 79 FR 26863, May 12, 

2014; effective June 11, 2014. If you 

have any comments on the burden 

estimates listed below, or how the 

Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street SW., Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–0678, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to PRA@

fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis: As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507), the FCC is notifying the 

public that it received OMB approval on 

August 15, 2014, for the new 

information collection requirements 

contained in the Commission’s rules at 

47 CFR 25.140, 25.145, 25.146, 25.264, 

25.144, 25.142, 25.143, 25.115, 25.130, 

25.132, 25.111, 25.114, 25.133, 25.218, 

25.220, 25.203, 25.138, 25.131, 25.134, 

25.221, 25.222, 25.226, 25.227, 25.129, 

25.135, 25.223, 25.144, 25.121, 25.170, 

25.113, 25.118, 25.143, 25.173, 25.171, 

25.172, 25.259, 25.260, 25.164. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–0678. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Pub. L. 104–13, October 1, 1995, and 44 

U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–0678. 

OMB Approval Date: August 15, 2014. 

OMB Expiration Date: August 31, 

2017. 

Title: Part 25 of the Federal 

Communications Commission’s Rules: 

Governing the Licensing of, and 

Spectrum Usage By, Commercial Earth 

Stations and Space Stations. 

Form No.: FCC Form 312—Main, FCC 

Form 312—Schedule A, FCC Form 

312—Schedule B, FCC Form 312–R, 

FCC Form 312–EZ, FCC Form 312— 

Schedule S. 

Respondents: Business or other forprofit entities. 

Number of Respondents and 

Responses: 4,880 respondents and 4,928 

responses. 

Estimated Time per Response: 0.5 to 

80 hours. 

Frequency of Response: On occasion, 

one time and annual reporting 

requirements; third-party disclosure 

requirement; recordkeeping 

requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection is contained 

in 47 U.S.C. 154, 301, 302, 303, 307, 

308, 309, 332 and 705 unless otherwise 

noted. 

Total Annual Burden: 34,155 hours. 

Total Annual Cost: $9,998,785. 


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