Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations 63691 

Dated: October 13, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.518, the table in paragraph 

(a)(1): 

■ a. Remove the commodities ‘‘fruit, 

citrus, group 10, except lemon, 

postharvest’’; ‘‘fruit, pome, group 11 

(pre-harvest and post-harvest)’’; ‘‘fruit, 

stone, group 12’’; ‘‘lemon, preharvest 

and postharvest’’; and ‘‘tomato’’; and 

■ b. Add alphabetically the following 

commodities to the table. 

The additions read as follows: 

§ 180.518 Pyrimethanil; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

* * * * * 

Bushberry subgroup 13–07B ...... 8.0 

Caneberry subgroup 13–07A ..... 15 

* * * * * 

Cucumber ................................... 1.5 

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

Fruit, pome, group 11–10 ........... 15 

* * * * * 

Fruit, stone, group 12–12 ........... 10 

* * * * * 

Tomato subgroup 8–10A ............ 0.50 

* * * * * 

* * * * * 

■ 3. In § 180.518, in the table in 

paragraph (a)(1), effective April 21, 

2016, revise the existing tolerance 

‘‘Onion, bulb, subgroup 3–07A’’ to read 

as follows: 

§ 180.518 Pyrimethanil; tolerances for 

residues. 

(a) General. 

(1) * * * 

Commodity Parts per 

million 

* * * * * 

Onion, bulb, subgroup 3–07A .... 0.2 

* * * * * 

* * * * * 

[FR Doc. 2015–26596 Filed 10–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2015–0109; FRL–9936– 

00–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 United States 

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 rule. In the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, EPA is also publishing 

a separate document that serves as the 

proposal to authorize these changes. 

EPA believes this action is not 

controversial and does not expect 

comments that oppose it. Unless EPA 

receives 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 EPA receives comments that 

oppose this action, EPA will publish a 

document in the Federal Register 

withdrawing today’s direct final rule 

before it takes effect, and the separate 

document in today’s ‘‘Proposed Rules’’ 

section of this Federal Register will 

serve as the proposal to authorize the 

changes. 

DATES: This final authorization is 

effective on December 21, 2015 unless 

the EPA receives adverse written 

comment by November 20, 2015. If the 

EPA receives such comment, EPA 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: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Email: [insert name and email 

address of appropriate Regional 

contact]. 

• Fax: (prior to faxing, please notify 

the EPA contact listed below). 

• Mail: [insert name and address of 

appropriate Regional contact]. 

• Hand Delivery or Courier: Deliver 

your comments to [insert name and 

address of appropriate Regional 

contact]. 

Instructions: EPA must receive your 

comments by November 20, 2015. Direct 

your comments to Docket ID Number 

0109. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI), or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov, or 

email. The Federal regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means 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 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, 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 EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at 

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

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov, or in hard copy. 

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 


tkelley on DSK3SPTVN1PROD with RULES
63692 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations 

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 6, 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. 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that EPA promulgates 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (HSWA) 

take effect in authorized States at the 

same time that they take effect in 

unauthorized States. Thus, EPA will 

implement those requirements and 

prohibitions in the State of Texas, 

including the issuance of new permits 

implementing those requirements, until 

the State is granted authorization to do 

so. 

B. What decisions have EPA made in 

this rule? 

On April 3, 2015, the State of Texas 

submitted a final complete program 

revision application seeking 

authorization of changes to its 

hazardous waste program that 

correspond to certain Federal rules 

promulgated between promulgated 

between June 13, 2011, and January 3, 

2014. The adoption for RCRA Clusters 

XXI through XXIII (Checklists 227, 229 

and 230). EPA concludes that the State 

of Texas’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA, as set forth in 

RCRA section 3006(b), 42 U.S.C. 

6926(b), and 40 CFR part 271. Therefore, 

EPA grants the State of Texas final 

authorization to operate its hazardous 

waste program with the changes 

described in the authorization 

application, and as outline below in 

Section G of this document. The State 

of Texas has responsibility for 

permitting treatment, storage, and 

disposal facilities (TSDFs) within its 

borders (except in Indian Country). In 

today’s action under Section 18 U.S.C. 

1151 does not affect Indian Country. 

Because the State of Texas Hazardous 

waste Program is not being authorized 

to operate in Indian Country and for 

carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of HSWA, as discussed 

above). New Federal requirements and 

prohibitions imposed by Federal 

regulations that EPA promulgates under 

the authority of HSWA take effect in 

authorized States before they are 

authorized for the requirements. Thus, 

EPA will implement those requirements 

and prohibitions in the State of 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 is EPA using a direct final rule? 

Along with this direct final rule, EPA 

is publishing a separate document in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register that serves as the 

proposal to authorize these State 

program changes. EPA did not publish 

a proposal before today’s rule because 

EPA views this as a routine program 

changes and does not expect comments. 

EPA also views the State of Texas 

program revisions as noncontroversial 

action and anticipate no adverse 

comment. 

EPA is providing an opportunity for 

public comment now, as described in 

Section E of this document. 

E. What happens if the EPA receives 

comments that oppose this action? 

If the EPA receives comments that 

oppose this authorization, EPA will 

withdraw today’s direct final 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 section, after 

considering all comments received 

during the comment period. EPA 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 EPA receives comments that oppose 

only the authorization of a particular 

change to the State hazardous waste 

program, EPA 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations 63693 

(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 and 

September 3, 2014 (79 FR 52220–52224) 

effective November 3, 2014. 

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 

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 XXI 

through XXIII, excluding the Hazardous 

Waste Technical Corrections and 

Clarification Rule in Cluster XXII 

(Checklist 228), because the TCEQ 

needs to make a technical corrections to 

their adoption of the rule. The State is 

seeking authorization for Revision of the 

Land Disposal Treatment Standards for 

Carbamate Wastes (Checklist 227), 

Conditional Exclusion for Solvent 

Contaminated Wipes (Checklist 229) 

and Conditional Exclusion for Carbon 

Dioxide (CO2) Streams in Geologic 

Sequestration Activities (Checklist 230). 

The Commissioners adopted revisions 

to the Federal hazardous waste 

standards promulgated between June 13, 

2011, and January 3, 2014. TCEQ 

regulations 30 Texas Administrative 

Code Chapter 335 were revised to 

include these revisions to the RCRA 

Clusters XXI through XXIII. The TCEQ 

adopted the Federal regulations on 

December 10, 2014. The revisions were 

published in the Texas Register on 

January 2, 2015 and became effective on 

January 8, 2015. 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 EPA authorizing with 

today’s action? 

On April 3, 2015 the State of Texas 

submitted a final complete program 

revision application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We 

now make direct final decision, subject 

to receipt of written comments that 

oppose this action that the State of 

Texas’ hazardous waste program 

revision are equivalent to, consistent 

with, and no less stringent than the 

Federal program, and therefore satisfy 

all of requirements necessary to qualify 

for final authorization. Therefore, EPA 

grants the State of Texas final 

authorization for RCRA Cluster XXII 

through XXIII (Checklists 227, 229 and 

230). The State of Texas program 

revisions consist of regulations which 

specifically govern Federal Hazardous 

Waste revisions promulgated between 

June 13, 2011, and January 3, 2014 

which are listed in the chart below. 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and 

page 

(and/or RCRA statutory 

authority ) 

Analogous state authority 

1. Revisions of the Land Disposal Treatment Standards 

for Carbamate Wastes. (Checklist 227).

76 FR 34147–34157 June 

13, 2011.

Texas Water Code Annotated Sections 5.103 and 

5.105, Texas Health & Safety Code Annotated Sections 361.017 and 361.024; 30 Texas Administrative 

Code, Chapter 335 Section 335.431(c)(1), adopted 

December 10, 2014 and effective January 8, 2015. 


tkelley on DSK3SPTVN1PROD with RULES
63694 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and 

page 

(and/or RCRA statutory 

authority ) 

Analogous state authority 

2. Conditional Exclusions for Solvent Contaminated 

Wipes. (Checklist 229).

78 FR 46448–46485 July 

31, 2013.

Texas Water Code Annotated Sections 5.103 and 

5.105, Texas Health & Safety Code Annotated Sections 361.017 and 361.024; 30 Texas Administrative 

Code, Chapter 335 Section 335.1(104), 335.1(141), 

335.1(174), 335.1(140)(A)(iv), 335.504(1) adopted 

December 10, 2014 and effective January 8, 2015. 

3. Conditional Exclusion for Carbon Dioxide (CO2) 

Streams in Geologic Sequestration Activities. (Checklist 230).

79 FR 350–364 January 3, 

2014.

Texas Water Code Annotated Sections 5.103 and 

5.105, Texas Health & Safety Code Annotated Sections 361.017 and 361.024; 30 Texas Administrative 

Code, Chapter 335 Section 335.1(16), and 

335.504(1), adopted December 10, 2014 and effective January 8, 2015. 

H. Where are the revised state rules 

different from the Federal rules? 

The State of Texas hazardous waste 

program is equivalent to the Federal 

program in all areas except where the 

State program is broader in scope. In the 

State of Texas, some rules are broader in 

scope because they cover both 

hazardous waste and Class 1 

nonhazardous waste, whereas the 

Federal regulations cover only 

hazardous waste. Other differences 

which are broader in scope or more 

stringent contained in the past 

authorization packages include more 

frequent public notices for traditional 

hazardous waste permits and for 

Standard Permit; financial assurance 

requirements for persons seeking to 

acquire a hazardous waste permit 

through transfer, and deferring of 

variances and exemptions from the 

Land Disposal Restrictions to EPA. 

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. EPA will not 

issue any more new permits or new 

portions of permits for the provisions 

listed in the chart 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. 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 parts 

272. We reserve the amendment of 40 

CFR parts 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. 

K. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Orders 

12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 

2011). 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.). 

Executive Order 12898 (59 FR 7629, 

Feb. 16, 1994) establishes federal 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations 63695 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Because this rule authorizes pre-existing 

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 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 

nevertheless will be effective December 

21, 2015. 

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: October 1, 2015. 

Ron Curry, 

Regional Administrator, EPA Region 6. 

[FR Doc. 2015–26789 Filed 10–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 360, 365, 366, 368, 385, 

387, 390 and 392 

[Docket No. FMCSA–1997–2349] 

RIN 2126–AB85; Formerly 2126–AA22 

Unified Registration System 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; extension of effective 

dates. 

SUMMARY: FMCSA delays the effective 

and compliance dates for its August 23, 

2013, Unified Registration System (URS) 

final rule. Because FMCSA changes the 

effective date (the actual date when the 

regulatory text that appears in the Code 

of Federal Regulations (CFR) will be 

changed) and makes technical 

corrections and conforming 

amendments to the 2013 regulatory text, 

the Agency has determined that it is in 

the best interest of the regulated entities, 

our State partners and the general 

public to present the full text of the 

sections affected. The 2013 URS final 

rule was issued to improve the 

registration process for motor carriers, 

property brokers, freight forwarders, 

Intermodal Equipment Providers (IEPs), 

hazardous materials safety permit 

(HMSP) applicants and cargo tank 

facilities required to register with 

FMCSA, and streamline the existing 

Federal registration processes to ensure 

the Agency can more efficiently track 

these entities. Today’s final rule delays 

the implementation of the 2013 final 

rule in order to allow FMCSA additional 

time to complete the information 

technology (IT) systems work required 

to fully implement that rule. 

DATES: Effective Dates: The effective 

date of this rule is September 30, 2016, 

except for §§ 365.T106, 368.T3, and 

390.T200, which are effective from 

December 12, 2015 through September 

29, 2016. The effective dates of the rule 

published at 78 FR 52608 (August 23, 

2013) are delayed until September 30, 

2016. The withdrawal of Instruction #1 

from the correction published at 78 FR 

63100 (October 23, 2013) is effective 

October 21, 2015. 

Compliance Dates: The compliance 

date for this rule is September 30, 2016, 

except that: New applicants must 

comply with §§ 365.T106, 368.T3 or 

390.T200 (as applicable) from December 

12, 2015 through September 29, 2016; 

private hazardous material carriers and 

exempt for-hire carriers must comply 

with §§ 387.19 or 387.43 (as applicable) 

by December 31, 2016; and all entities 

must comply with § 366.2 by December 

31, 2016. 

Petitions for reconsideration must be 

received by November 20, 2015. 

ADDRESSES: Petitions for reconsideration 

must be submitted to: Administrator, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

All background documents, 

comments, and materials related to this 

rule may be viewed in docket number 

FMCSA–1997–2349 using either of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeffrey S. Loftus, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001, by telephone at (202) 385–2363 or 

via email at jeff.loftus@dot.gov. Office 

hours are from 8:00 a.m. to 4:30 p.m. 

ET, Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Preamble Table of Contents 

I. Executive Summary 

II. Public Participation 

A. Viewing Comments and Documents 

B. Privacy Act 

III. Acronyms and Abbreviations 

IV. Background 

A. Legal Authority 

B. Regulatory History 

V. Section-by-Section Analysis 

A. Overview 

B. Part 360, Fees for Motor Carrier 

Registration and Insurance 

C. Part 365, Rules Governing Applications 

for Operating Authority 

D. Part 366, Designation of Process Agent 

E. Part 368, Application for a Certificate of 

Registration To Operate in 

Municipalities in the United States on 

the United States-Mexico International 

Border or Within the Commercial Zones 

of Such Municipalities 

F. Part 385, Safety Fitness Procedures 

G. Part 387, Minimum Levels of Financial 

Responsibility for Motor Carriers 

H. Part 390, Federal Motor Carrier Safety 

Regulations, General 

VI. Rulemaking Analyses and Notices 

A. Executive Order 12866 and Executive 

Order 13563 

B. Regulatory Flexibility Act 

C. Unfunded Mandates Reform Act of 1995 

D. National Environmental Policy Act 

E. Paperwork Reduction Act 

F. Executive Order 12630 (Taking of 

Private Property) 


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