Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 22469 

use of the pesticide pursuant to FFIFRA 

section 18 emergency exemptions. The 

tolerances expire and will be revoked on 

the date specified in the table. 

Commodity Parts per million Expiration/revocation 

date 

Sorghum, forage 30.0 December 31, 2012 

Sorghum, grain 0.05 December 31, 2012 

Sorghum, stover 60.0 December 31, 2012 

* * * * * 

[FR Doc. E9–10757 Filed 5–12–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2008–0755; FRL–8901–1] 

Texas: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The State of Texas has 

applied to the EPA for final 

authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

needed to qualify for final authorization, 

and is authorizing the State’s changes 

through this immediate final action. The 

EPA is publishing this rule to authorize 

the changes without a prior proposal 

because we believe this action is not 

controversial and do not expect 

comments that oppose it. Unless we 

receive written comments which oppose 

this authorization during the comment 

period, the decision to authorize Texas’ 

changes to its hazardous waste program 

will take effect. If we receive comments 

that oppose this action, we will publish 

a document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize the changes. 

DATES: This final authorization will 

become effective on July 13, 2009 unless 

the EPA receives adverse written 

comment by June 12, 2009. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. E-mail: 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 e-mail. 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 e-mail 

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 TX 

78753–3087, (512) 239–6079 and EPA, 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733, phone number (214) 

665–8533. Interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

two weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, (214) 

665–8533, EPA Region 1445 Ross 

Avenue, Dallas, Texas 75202–2733, and 

E-mail 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 

22470 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in Texas 

including issuing permits, until the 

State is granted authorization to do so. 

C. What Is the Effect of Today’s 

Authorization Decision? 

The effect of this decision is that a 

facility in the State of Texas subject to 

RCRA will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. The State 

of Texas has enforcement 

responsibilities under its State 

hazardous waste program for violations 

of such program, but the EPA retains its 

authority under RCRA sections 3007, 

3008, 3013, and 7003, which include, 

among others, authority to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits and 

• Take enforcement actions after 

notice to and consultation with the 

State. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which the State of Texas 

is being authorized by today’s action are 

already effective under State law, and 

are not changed by today’s action. 

D. Why Wasn’t There a Proposed Rule 

Before Today’s Rule? 

The EPA did not publish a proposal 

before today’s rule because we view this 

as a routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of today’s Federal Register 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What Happens if the EPA Receives 

Comments That Oppose This Action? 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. The EPA will 

base any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

must do so at this time. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program, we 

will withdraw only that part of this rule, 

but the authorization of the program 

changes that the comments do not 

oppose will become effective on the 

date specified in this document. The 

Federal Register withdrawal document 

will specify which part of the 

authorization will become effective, and 

which part is being withdrawn. 

F. For What Has Texas Previously Been 

Authorized? 

Texas received final authorization to 

implement its Hazardous Waste 

Management Program on December 12, 

1984, effective December 26, 1984 (49 

FR 48300). This authorization was 

clarified in a notice published in the FR 

on March 26, 1985 (50 FR 11858). Texas 

received final authorization for 

revisions to its program in notices 

published in the Federal Register on 

January 31, 1986, effective October 4, 

1985 (51 FR 3952); on December 18, 

1986, effective February 17, 1987 (51 FR 

45320). EPA authorized the further 

revisions on: March 1, 1990, effective 

March 15, 1990 (55 FR 7318); on May 

24, 1990, effective July 23, 1990 (55 FR 

21383); on August 22, 1991, effective 

October 21, 1991 (56 FR 41626); on 

October 5, 1992, effective December 4, 

1992 (57 FR 45719); on April 11, 1994, 

effective June 27, 1994, (59 FR 16987); 

on April 12, 1994, effective June 27, 

1994 (59 FR 17273); September 12, 

1997, effective November 26, 1997 (62 

FR 47947); and on August 18, 1999 

effective October 18, 1999 (64 FR 44836) 

and July 13, 2000; effective September 

11, 2000 (65 FR 43246) and effective 

June 14, 2005 (70 FR 34371) June 14, 

2005. EPA incorporated by reference the 

State of Texas Base Program and 

additional program revisions in RCRA 

Clusters III and IV into the CFR on 

September 14, 1999 (64 FR 49673); 

effective November 15, 1999. 

On July 20, 2007, 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, 

under the Texas Solid Waste Disposal 

Act (codified in Chapter 361 Sections 

361.017 and 361.024 of the Texas Health 

& Safety Code). 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. See, Tex. Water Code Ann. 

Section 26.131 and Ch. 27 (Vernon 

2000). A list of activities that generate 

wastes that are subject to the 

jurisdiction of the RRC is found at 16 

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

and at 30 Tex. Admin. Code Section 

335.1. Such wastes are termed ‘‘oil and 

gas wastes.’’ The TCEQ has 

responsibility to administer the RCRA 

program, however, hazardous waste 

generated at natural gas or natural gas 

liquids processing plants or reservoir 

pressure maintenance or repressurizing 

plants are subject to the jurisdiction of 

the TCEQ until the RRC is authorized by 

EPA to administer those wastes under 

RCRA. 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 XI, XII, 

XIII and XV excluding Uniformed 

Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 22471 

Hazardous Waste Manifest Rule 

(Checklist 207) revisions to the Federal 

Hazardous Waste Program promulgated 

from July 1, 2000 to June 30, 2005. The 

adoption for RCRA Clusters XI, XII, XIII, 

and XV include changes to 30 Texas 

Administrative Code Chapters 305 and 

335. The Commissioners adopted these 

rules on July 25, 2007 and the rules 

became effective on August 16, 2007. 

The TCEQ authority to incorporate 

Federal rules by reference can be found 

at Texas Government Code Annotated 

Section 311.027 (Vernon1998) and 

adoption of the hazardous waste rules in 

general are pursuant to the following 

statutory provisions: (1) Tex. Water 

Code Ann. Sections 5.103 and 5.105 

(Vernon 2000), effective September 

1995, as amended (TCEQ’s authority to 

adopt any rules necessary to carry out 

its powers and duties); (2) Tex. Health 

& Safety Code Ann. Section 361.024 

(Vernon 2001), effective September 1, 

1995, as amended (authorize the 

Commission to adopt rules necessary to 

‘‘establish minimum standards of 

operation for the management and 

control of solid waste’’); and (3) Tex. 

Health & Safety Code Ann. Section 

361.078 (Vernon 2001), effective 

September 1, 1989 (specifically 

recognizing TCEQ’s authority to adopt 

hazardous waste rules and to issue and 

enforce permits to the extent necessary 

to receive and maintain RCRA 

authorization). The following are the 

optional Federal rules that the State of 

Texas did not adopt: NESHAPS Second 

Technical Correction, Vacatur Checklist 

188.1), Storage, Treatment, 

Transportation and Disposal of Mixed 

Waste, (Checklist 191), Inorganic 

Chemical Manufacturing Waste 

Identification and listing (Checklist 

195.1), Hazardous Air Pollutant 

Standards for Combustors: Interim 

Standards (Checklist 197), Land 

Disposal Restrictions: National 

Treatment Variance to Designate New 

Treatment Subcategories for 

Radioactively Contaminated Cadmium, 

Mercury-Containing Batteries and 

Silver-Containing Batteries (Checklist 

201), Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Recycled Used Oil 

Management Standards (Checklist 203), 

National Environmental Track Program 

(Checklists 204 and 204.1), and 

NESHAP Surface Coating of 

Automobiles and Light-Duty Trucks. 

Also, the State of Texas is not 

authorized for Zinc Fertilizer (Checklist 

200) because the State failed to adopt 

changes to 40 CFR 266.20, 266.20(d), 

266.20(d)(1)–(2) and 268.40. 

G. What Changes Are We Approving 

With Today’s Action? 

On July 20, 2007, the State of Texas 

submitted a final complete program 

application, seeking authorization of 

their changes in accordance with 40 

CFR 271.21. We now make an 

immediate final decision, subject to 

receipt of written comments that oppose 

this action, that the State of Texas’ 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for final 

authorization. The State of Texas 

revisions consist of regulations which 

specifically govern Federal Hazardous 

Waste revisions promulgated from July 

1, 2000 to June 30, 2005, (RCRA Clusters 

XI, XII, XIII, and XV). Texas 

requirements are included in a chart 

with this document. 

Description of federal requirement 

(include checklist number, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

1. Hazardous Air Pollutant Standards; Technical Corrections. (Checklist 188). 65 FR 42292—42302, July 10, 

2000.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 335.1(133)(A)(iv), 

335.152(a)(13), 305.69(i)(1), as 

adopted July 25, 2007 and effective August 16, 2007. 

22472 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

Description of federal requirement 

(include checklist number, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

2. Chlorinated Aliphatics Listing and LDRs for Newly Identified 

Wastes. (Checklist 189). 

65 FR 67068–67133, November 8, 

2000.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 335.504, 335.29(2), 

335.29(3), and 335.431(c), as 

adopted July 25, 2007, effective 

August 16, 2007. 

3. Land Disposal Restrictions Phase IV—Deferral for PCBs in Soil. 

(Checklist 190). 

65 FR 81373–81381, December 

26, 2000.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Section 335.431(c), as adopted 

July 25, 2007, effective August 

16, 2007. 

4. Mixture and Derived-From Rule Revisions (Checklist 192A). 66 FR 27266–27297, May 16, 

2001.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Section 335.1(62) and (64) as 

adopted July 25, 2007, effective 

August 16, 2007. 

Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 22473 

Description of federal requirement 

(include checklist number, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

5. Land Disposal Restrictions Corrections. (Checklist 192 B). 66 FR 27266–27297, May 16, 

2001.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 335.431(c), 335.1 (64), 

as adopted July 25, 2007, effective August 16, 2007. 

6. Change of Official EPA Mailing Address. (Checklist 193). 66 FR 34374–34376, June 28, 

2001.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Section 335.31, as adopted July 

25, 2007, effective August 16, 

2007. 

7. Mixed and Derived-From Rules Revision II. (Checklist 194). 66 FR 50332–50334, October, 3, 

2001.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 335.1(62) and 

335.1(64), as adopted July 25, 

2007, effective August 16, 2007. 

22474 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

Description of federal requirement 

(include checklist number, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

8. Inorganic Chemical Manufacturing Waste Identification and Listing. 

(Checklist 195). 

66 FR 58258, November 20, 2001; 

67 FR 17119–17120, April 9, 

2002.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 335.1(133)(A)(iv), 

335.504(2), 335.29(2), and 

335.431(c)(1), and as adopted 

July 25, 2007, effective August 

16, 2007. 

9. Corrective Action Management Units Amendments. (Checklist 196). 67 FR 2962–3029, January 22, 

2002.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 335.1(33), 335.1(123), 

335.152(a)(14) and 

335.431(c)(1), as adopted July 

25, 2007, effective August 16, 

2007. 

10. Hazardous Air Pollutant Standards for Combustors: Corrections. 

(Checklist 198). 

67 FR 6968–6996, February 14, 

2002.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 335.221(a)(1), and 

305.69(i)(1), as adopted July 25, 

2007, effective August 16, 2007. 

Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 22475 

Description of federal requirement 

(include checklist number, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

11. Vacatur of Mineral Processing Spent Materials Being Reclaimed 

as Solid Waste and TCLP Use with MGP Waste. (Checklist 199). 

67 FR 11251–11254, March 13, 

2002.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 335.1(133)(D)(iii), 

335.1(133)(A)(iv), and 

335.504(3), as adopted July 25, 

2007, effective August 16, 2007. 

12. Hazardous Air Pollutant Standards for Combustors—Corrections 2. 

(Checklist 202). 

67 FR 77687–77692, December 

19, 2002.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 305.175 and 

305.571(b), as adopted July 25, 

2007, effective August 16, 2007. 

13. Nonwastewaters from Dyes and Pigments. (Checklist 206). 70 FR 9138–9180, February 24, 

2005.

Texas Water Code Annotated 

Sections 5.103 and 5.105 

(Vernon 2000), effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.017 

(Vernon 2001) effective September 1, 1995, as amended; 

Texas Health & Safety Code 

Annotated Section 361.024 

(Vernon 2001), effective September 1, 1989, as amended; 

Texas Health & Safety Code 

Annotated Section 361.078 

(Vernon 2001), effective September 1, 1989, as amended; 

30 Texas Administrative Code 

Sections 335.1(133)(A)(iv), 

335.504(1)–(2), and 

335.431(c)(1) July 25, 2007, effective August 16, 2007. 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

The State hazardous waste program is 

equivalent to the Federal program and 

there is no broader in scope provisions 

in this program revision. 

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 

22476 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

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 notice. 

I. 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 section 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 section 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 July 13, 2009. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indians—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: April 22, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–11196 Filed 5–12–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XO64 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2009 Commercial Fishery for 

Tilefishes 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for tilefishes in the exclusive 

economic zone (EEZ) of the Gulf of 

Mexico. NMFS has determined that the 

quota for the commercial fishery for 

tilefishes will have been reached by 

May 15, 2009. This closure is necessary 

to protect the tilefish resource. 

DATES: Closure is effective 12:01 a.m., 

local time, May 15, 2009, through 

December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council