[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Rules and Regulations]
[Pages 63691-63695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26789]
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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.
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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
[[Page 63692]]
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
[email protected].
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
[[Page 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.
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Federal Register
Description of federal date and page
requirement (include (and/or RCRA Analogous state
checklist #, if relevant) statutory authority
authority )
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1. Revisions of the Land 76 FR 34147-34157 Texas Water Code
Disposal Treatment Standards June 13, 2011. Annotated Sections
for Carbamate Wastes. 5.103 and 5.105,
(Checklist 227). 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.
[[Page 63694]]
2. Conditional Exclusions for 78 FR 46448-46485 Texas Water Code
Solvent Contaminated Wipes. July 31, 2013. Annotated Sections
(Checklist 229). 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 79 FR 350-364 Texas Water Code
Carbon Dioxide (CO2) Streams January 3, 2014. Annotated Sections
in Geologic Sequestration 5.103 and 5.105,
Activities. (Checklist 230). 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.
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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
[[Page 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]
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