Rule2024-26905
Texas: Incorporation by Reference of State Hazardous Waste Management Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 21, 2024
Effective
December 23, 2024
Issuing agencies
Environmental Protection Agency
Abstract
This rule codifies in the regulations the prior approval of Texas' hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations. The Environmental Protection Agency (EPA) uses the regulations entitled "Approved State Hazardous Waste Management Programs" to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that are authorized and that EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conservation and Recovery Act (RCRA). The EPA previously provided notices and opportunity for comments on the Agency's decisions to authorize the State of Texas program and the EPA is not now reopening the decisions, nor requesting comments, on the Texas authorizations as previously published in the Federal Register documents specified in Section I.C of this final rule document.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 225 (Thursday, November 21, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Rules and Regulations]
[Pages 92066-92075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26905]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[EPA-R06-RCRA-2021-0330; FRL-9522-01-R6]
Texas: Incorporation by Reference of State Hazardous Waste
Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule codifies in the regulations the prior approval of
Texas' hazardous waste management program and incorporates by reference
authorized provisions of the State's statutes and regulations. The
Environmental Protection Agency (EPA) uses the regulations entitled
``Approved State Hazardous Waste Management Programs'' to provide
notice of the authorization status of State programs and to incorporate
by reference those provisions of the State statutes and regulations
that are authorized and that EPA will enforce under the Solid Waste
Disposal Act, commonly referred to as the Resource Conservation and
Recovery Act (RCRA). The EPA previously provided notices and
opportunity for comments on the Agency's decisions to authorize the
State of Texas program and the EPA is not now reopening the decisions,
nor requesting comments, on the Texas authorizations as previously
published in the Federal Register documents specified in Section I.C of
this final rule document.
DATES: This regulation is effective on December 23, 2024. The Director
of the Federal Register approves this incorporation by reference as of
December 23, 2024, in accordance with 5 U.S.C. 552(a) and 1 CFR part
51.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-RCRA-2021-0330. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
You can view and copy the documents that form the basis for this
codification and associated publicly available materials from 8:30 a.m.
to 4:00 p.m., Monday through Friday, at the following location: EPA,
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, phone
number: (214) 665-8533. Interested persons wanting to examine these
documents should make an appointment with the office.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, EPA Region 6 Regional
Authorization/Codification Coordinator, RCRA Permits and Solid Waste
Section (LCR-RP), Land, Chemicals and Redevelopment Division, EPA
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, phone
number: (214) 665-8533, Email address: <a href="/cdn-cgi/l/email-protection#2959485d5d4c5b5a4647074845404448694c5948074e465f"><span class="__cf_email__" data-cfemail="91e1f0e5e5f4e3e2feffbff0fdf8fcf0d1f4e1f0bff6fee7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Incorporation by Reference
A. What is codification?
Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the EPA to authorize State
hazardous waste management programs to operate in lieu of the Federal
hazardous waste management regulatory program. The EPA codifies its
authorization of State programs in 40
[[Page 92067]]
CFR part 272 and incorporates by reference State statutes and
regulations that the EPA will enforce under sections 3007 and 3008 of
RCRA and any other applicable statutory provisions.
The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.
B. Why wasn't there a proposed rule before this rule?
The EPA is publishing this rule to codify Texas' authorized
hazardous waste management program without a prior proposal because we
believe this action is not controversial. The reason being that, in
accordance with section 3006(b) of RCRA, EPA has already evaluated the
State's regulatory and statutory requirements and has determined that
the State's program meets the statutory and regulatory requirements
established by RCRA. The EPA previously provided notices and
opportunity for comments on the Agency's decisions to authorize the
Texas program. The EPA is not now reopening the decisions, nor
requesting new comments, on the Texas authorizations as previously
published in the Federal Register documents specified in Section I.C of
this final rule document. The previous authorizations form the basis
for the codification addressed in this final rule.
C. What is the history of the authorization and codification of Texas'
hazardous waste management program?
The State of Texas initially received final authorization on
December 26, 1984 (49 FR 48300), to implement its Base Hazardous Waste
Management Program. This authorization was clarified in a notice
published March 26, 1985 (50 FR 11858). Texas received authorization
for revisions to its program, effective October 4, 1985 (51 FR 3952),
February 17, 1987 (51 FR 45320), March 15, 1990 (55 FR 7318), July 23,
1990 (55 FR 21383), October 21, 1991 (56 FR 41626), December 4, 1992
(57 FR 45719), June 27, 1994 (59 FR 16987), June 27, 1994 (59 FR
17273), November 26, 1997 (62 FR 47947), December 3, 1997 (62 FR
49163), October 18, 1999 (64 FR 44836), November 15, 1999 (64 FR
49673), September 11, 2000 (65 FR 43246), June 14, 2005 (70 FR 34371),
December 29, 2008, (73 FR 64252), and July 13, 2009 (74 FR 22469);
March 7, 2011 (76 FR 12283), effective May 6, 2011; March 6, 2012 (77
FR 13200), effective May 7, 2012; November 30, 2012 (77 FR 71344),
effective January 29, 2013; September 3, 2014 (79 FR 52220), effective
November 3, 2014; October 21, 2015 (80 FR 63691), effective December
21, 2015; December 28, 2015 (80 FR 80672), effective February 26, 2016;
April 10, 2020 (85 FR 20187), effective April 10, 2020; and March 5,
2021 (86 FR 12834), effective March 5, 2021.
The EPA incorporated by reference Texas' then authorized hazardous
waste program effective December 3, 1997 (62 FR 49163), November 15,
1999 (64 FR 49673), December 29, 2008 (73 FR 64252), May 6, 2011 (76 FR
12283), January 29, 2013 (77 FR 71344), and February 26, 2016 (80 FR
80672), and April 10, 2020 (85 FR 20187).
In this document, EPA is revising subpart SS of 40 CFR part 272 to
include the recent authorization revision actions effective March 5,
2021 (86 FR 12834).
D. What codification decisions have we made in this rule?
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference of the authorized hazardous waste management
program of the State of Texas. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Texas
rules described in the amendments to 40 CFR part 272 set forth in
section 272.2201. The EPA has made, and will continue to make, these
documents available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
The purpose of this document is to codify Texas' base hazardous
waste management program and the State's revisions to that program.
This document incorporates by reference Texas' hazardous waste statutes
and regulations and clarifies which of these provisions are included in
the authorized and federally enforceable program. By codifying Texas'
authorized program and by amending the Code of Federal Regulations, the
public will be more easily able to discern the status of federally
approved requirements of the Texas hazardous waste management program.
The EPA is incorporating by reference the Texas authorized
hazardous waste program in subpart SS of 40 CFR part 272. Section
272.2201(c)(1) incorporates by reference Texas' authorized hazardous
waste statutes and regulations. Section 272.2201 also references
material which is not being incorporated by reference, but which EPA
considered in determining the adequacy of Texas' program. Section
272.2201(c)(2) references sections of the Texas statutes which provide
the legal basis for the State's implementation of the hazardous waste
management program. In addition, Sec. Sec. 272.2201(c)(5), (6), and
(7) reference the Memorandum of Agreement, the Attorney General's
Statements, and the Program Description, respectively. These documents
are evaluated as part of the hazardous waste management program in
accordance with subtitle C of RCRA but are not part of the material to
be incorporated by reference.
State provisions that are ``broader in scope'' than the Federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, the EPA lists in 40 CFR 272.2201(c)(3) the Texas
statutory and regulatory provisions that are ``broader in scope'' than
the Federal program, and which are not part of the authorized program
being incorporated by reference. While ``broader in scope'' provisions
are not part of the authorized program and cannot be enforced by the
EPA, the State may enforce such provisions under State law. At 40 CFR
272.2201(c)(4), EPA lists amendments to Texas regulations and Federal
rules which are not part of the Texas authorized program.
E. What is the effect of Texas' codification on enforcement?
The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved Texas
procedural and enforcement authorities. Section 272.2201(c)(2) of 40
CFR lists the statutory and regulatory provisions which provide the
legal basis for the State's implementation of the hazardous waste
management program, as well as those procedural and enforcement
authorities that are part of the State's approved program, but these
are not incorporated by reference.
F. What State provisions are not part of the codification?
The public needs to be aware that some provisions of Texas'
hazardous
[[Page 92068]]
waste management program are not part of the federally authorized State
program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) Federal rules for which Texas is not authorized, but which have
been incorporated into the State regulations because of the way the
State adopted Federal regulations by reference;
(3) Unauthorized amendments to authorized State provisions;
(4) New unauthorized State requirements;
(5) Federal rules for which Texas is authorized but which were
vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014); and
(6) Federal rules which Texas adopted but which were vacated by the
U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir.
No. 09-1038, rulings dated July 7, 2017 and March 6, 2018).
State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.2201(c)(3) lists
the Texas regulatory provisions which are ``broader in scope'' than the
Federal program and which are not part of the authorized program being
incorporated by reference. ``Broader in scope'' provisions cannot be
enforced by the EPA; the State, however, may enforce such provisions
under State law.
Additionally, Texas' hazardous waste regulations include amendments
which have not been authorized by the EPA. Since the EPA cannot enforce
a State's requirements which have not been reviewed and authorized in
accordance with RCRA section 3006 and 40 CFR part 271, it is important
to be precise in delineating the scope of a State's authorized
hazardous waste program. Regulatory provisions that have not been
authorized by the EPA include amendments to previously authorized State
regulations as well as certain Federal rules.
Texas has adopted but is not authorized for the following Federal
rules published in the Federal Register on December 31, 1985 (50 FR
53315); January 21, 1986 (51 FR 2702); September 22, 1986 (51 FR
33612); October 5, 1990 (55 FR 40834); February 1, 1991 (56 FR 3978);
February 13, 1991 (56 FR 5910); April 2, 1991 (56 FR 13406); May 1,
1991 (56 FR 19951); May 13, 1991 (56 FR 21955); September 5, 1991 (56
FR 43874); September 19, 1994 (59 FR 47980); April 8, 1996 (61 FR
15660); April 12, 1996 (61 FR 16290); April 30, 1996 (61 FR 19117);
June 28, 1996 (61 FR 33680); July 10, 1996 (61 FR 36419); August 26,
1996 (61 FR 43924); February 19, 1997 (62 FR 7502); June 8, 2000 (65 FR
36365); May 14, 2001 (66 FR 24270); July 3, 2001 (66 FR 35087); July
24, 2002 (67 FR 48393); October 7, 2002 (67 FR 62618); April 26, 2004
(69 FR 22601); June 16, 2005 (70 FR 35032); January 8, 2010 (75 FR
1236); December 17, 2010 (75 FR 78918); and June 26, 2014 (79 FR
36220). Therefore, these Federal amendments included in Texas' adoption
by reference at 30 Texas Administrative Code (TAC) sections
335.1(146)(A)(iv), 335.27; 335.112(a)(1) and (a)(4), 335.152(a)(1) and
(a)(4), 335.431(c)(1) and (c)(3), and 335.504(1) are not part of the
State's authorized program and are not part of the incorporation by
reference addressed by this document.
In those instances where Texas has made unauthorized amendments to
previously authorized sections of State code, the EPA is identifying in
40 CFR 272.2201(c)(4)(i) any regulations which, while adopted by the
State and incorporated by reference, include language not authorized by
the EPA. Those unauthorized portions of the State regulations are not
federally enforceable. Thus, notwithstanding the language in Texas
hazardous waste regulations incorporated by reference at 40 CFR
272.2201(c)(1), the EPA will only enforce those portions of the State
regulations that are actually authorized by the EPA. For the
convenience of the regulated community, the actual State regulatory
text authorized by the EPA for the citations listed at 272.2201(c)(4)
(i.e., without the unauthorized amendments) is compiled as a separate
document, Addendum to the EPA Approved Texas Regulatory Requirements
Applicable to the Hazardous Waste Management Program, dated March,
2021. This document is available from EPA Region 6, 1201 Elm Street,
Suite 500, Dallas, Texas 75270, phone number: (214) 665-8533.
State regulations that are not incorporated by reference in this
rule at 40 CFR 272.2201(c)(1), or that are not listed in 40 CFR
272.2201(c)(2) (``legal basis for the State's implementation of the
hazardous waste management program''), 40 CFR 272.2201(c)(3) (``broader
in scope'') or 40 CFR 272.2201(c)(4) (``unauthorized State
amendments''), are considered new unauthorized State requirements.
These requirements are not federally enforceable. After review and
analysis of the State's regulations, the EPA has notified the State to
seek authorization for the unauthorized rules that the State has
adopted and are documented in this Federal Register document. The EPA
expects the State to include these rules as part of their next Program
Revision Application package.
Texas has adopted and was authorized for the following Federal
rules which have since been vacated by the U.S. Court of Appeals for
the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144,
respectively, June 27, 2014): (1) the Comparable Fuels Exclusion at 40
CFR 261.4(a)(16) and 261.38 published in the Federal Register on June
19, 1998 (63 FR 33782), as amended on June 15, 2010 (75 FR 33712); and
(2) the Gasification Exclusion Rule published on January 2, 2008 (73 FR
57).
With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.
G. What will be the effect of Federal HSWA requirements on the
codification?
The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
[[Page 92069]]
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.
II. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \1\
---------------------------------------------------------------------------
\1\ <a href="https://www.epa.gov/environmentaljustice/learn-about-environmental-justice">https://www.epa.gov/environmentaljustice/learn-about-environmental-justice</a>.
---------------------------------------------------------------------------
This rule codifies in the regulations the prior approval of Texas'
hazardous waste management program and incorporates by reference
authorized provisions of the State's statutes and regulations. EPA is
not now reopening prior decisions. The incorporation by reference of
State authorized programs in the CFR should enhance the public's
ability to discern the current status of the authorized State program
and State requirements that can be federally enforced. This effort
provides clear notice to the public of the scope of the authorized
program in each State. Therefore, we conclude that this final rule does
not have disproportionately high or adverse human health or
environmental effects on communities with environmental justice
concerns.
III. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action
incorporates by reference Texas' authorized hazardous waste management
regulations and imposes no additional requirements beyond those imposed
by State law. Therefore, this action is not subject to review by OMB.
This action is not an Executive Order 13771 (82 FR 9339, February 3,
2017) regulatory action because actions such as this codification of
Texas' revised hazardous waste program under RCRA are exempted under
Executive Order 12866. Accordingly, I certify that this action will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this action incorporates by reference pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538). For the same reason, this action also does not significantly or
uniquely affect the communities of tribal governments, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing State hazardous waste management program requirements as part
of the State RCRA hazardous waste management program without altering
the relationship or the distribution of power and responsibilities
established by RCRA.
This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply
Distribution or Use'' (66 FR 28344, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
Under RCRA section 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. The requirements
being codified are the result of Texas' voluntary participation in the
EPA's State program authorization process under RCRA Subtitle C. Thus,
the requirements of section 10(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As
required by section 3 of Executive Order 12988 (61 FR 4729, February 7,
1996), in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
Federal executive policy on environmental justice. Because this rule
codifies 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. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. The EPA will submit a report containing this document and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A
[[Page 92070]]
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2). This action will be effective November 21, 2024
because it is a final rule.
List of Subjects in 40 CFR Part 272
Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42
U.S.C. 6912(a), 6926, 6974(b).
Dated: November 13, 2024.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons set forth in the preamble, the EPA is amending 40
CFR part 272 as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
0
2. Revise Sec. 272.2201 to read as follows:
Sec. 272.2201 Texas State-Administered program: Final authorization.
(a) History of the State of Texas authorization. Pursuant to
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Texas final
authorization for the following elements as submitted to EPA in Texas'
Base program application for final authorization which was approved by
EPA effective on December 26, 1984. Subsequent program revision
applications were approved effective on October 4, 1985, February 17,
1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4,
1992, June 27, 1994, November 26, 1997, December 3, 1997, October 18,
1999, November 15, 1999, September 11, 2000, June 14, 2005, December
29, 2008, July 13, 2009, May 6, 2011, May 7, 2012, January 9, 2013,
November 3, 2014, December 21, 2015, February 26, 2016, April 10, 2020,
and March 5, 2021.
(b) Enforcement authority. The State of Texas has primary
responsibility for enforcing its hazardous waste management program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities in accordance with sections 3007, 3008, 3013,
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other
applicable statutory and regulatory provisions, regardless of whether
the State has taken its own actions, as well as in accordance with
other statutory and regulatory provisions.
(c) State statutes and regulations--(1) Incorporation by reference.
The Texas statutes and regulations cited in paragraph (c)(1)(i) of this
section are incorporated by reference as part of the hazardous waste
management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
This incorporation by reference is approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
You may obtain copies of the Texas statutes and regulations that are
incorporated by reference in this paragraph from Thomson Reuters, 610
Opperman Drive, Eagan, MN 55123; Phone: 1-888-728-7677; website:
<a href="https://legalsolutions.thomsonreuters.com">https://legalsolutions.thomsonreuters.com</a>. You may inspect a copy at
EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, Phone
number: (214) 665-8533, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email <a href="/cdn-cgi/l/email-protection#e08692ce898e9390858394898f8ea08e819281ce878f96"><span class="__cf_email__" data-cfemail="492f3b6720273a392c2a3d2026270927283b28672e263f">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
(i) ``EPA-Approved Texas Statutory and Regulatory Requirements
Applicable to the Hazardous Waste Management Program'', dated March
2021.
(ii) [Reserved]
(2) Legal basis. The following provisions provide the legal basis
for the State's implementation of the hazardous waste management
program, but they are not being incorporated by reference and do not
replace Federal authorities:
(i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2016);
Chapter 361, The Texas Solid Waste Disposal Act (TSWDA), sections
361.002, 361.016, 361.017, 361.018, 361.0215(b)(2) and (b)(3), 361.023,
361.024, 361.029, 361.032, 361.033, 361.035, 361.036, 361.037(a),
361.061, 361.063, 361.0635, 361.064, 361.0641, 361.066(b) and (c),
361.0666, 361.068, 361.069, 361.078, 361.079, 361.0791, 361.080,
361.081, 361.082 (except 361.082(a) and (f)), 361.083, 361.084,
361.085, 361.0861(c), 361.0871(b), 361.088, 361.0885, 361.089,
361.095(b)-(f), 361.096, 361.097, 361.098, 361.099(a), 361.100,
361.101, 361.102 through 361.109, 361.113, 361.114, 361.116, 361.271
through 361.275, 361.301, 361.321(a) and (b), 361.321(c) (except the
phrase ``Except as provided by Section 361.322(a)''), 361.321(d),
361.321(e) (except the phrase ``Except as provided by Section
361.322(e)''), 361.451, 361.501 through 361.506, and 361.509(a)
introductory paragraph, (a)(11), (b), (c) introductory paragraph, and
(c)(2); Chapter 371, Texas Used Oil Collection, Management, and
Recycling Act, sections 371.0025(b) and (c), 371.024(a), (c) and (d),
371.026(a) and (b), and 371.028.
(ii) Texas Water Code (TWC), as amended effective September 1,
2017: Chapter 5, sections 5.102 through 5.105, 5.112, 5.177, 5.351,
5.501 through 5.505, 5.509 through 5.512, 5.515, 5.551 through 5.556,
and 5.557; Chapter 7, sections 7.031, 7.032, 7.051(a), 7.052(a),
7.052(c) and (d), 7.053 through 7.062, 7.064 through 7.069, 7.075,
7.101, 7.102, 7.104, 7.105, 7.107, 7.110, 7.162, 7.163, 7.176,
7.187(a), 7.189, 7.190, 7.252(1), 7.351, 7.3511, 7.353; Chapter 26,
sections 26.001(13), 26.011, 26.020 through 26.022, 26.039, and 26.341
through 26.367; and Chapter 27, sections 27.003, 27.017(a), 27.018(a)-
(d), and 27.019.
(iii) Texas Government Code as amended effective September 1, 2017,
section 311.027.
(iv) Texas Rules of Civil Procedure, as amended effective September
1, 2017, Rule 60.
(v) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2017, as amended, effective through December 31, 2016:
(A) Chapter 10; Chapter 39, sections 39.5(g) and (h), 39.11, 39.13
(except (10)), 39.103 (except (f) and (h)), 39.403(b)(1), 39.405(f)(1),
39.411 (except (b)(4)(B), (b)(10), (b)(11), and (b)(13)), 39.413
(except (10)), 39.420 (except (c) and (d)), 39.503 (except the
reference to 39.405(h) in (d) introductory paragraph, and (g)), and
39.801 through 39.810;
(B) Chapter 50, sections 50.13, 50.19, 50.39, 50.113 (except (d)),
50.117(f), 50.119, 50.133, and 50.139;
(C) Chapter 55, sections 55.25(a) and (b), 55.27 (except (b)),
55.152(a)(4), 55.152(b), 55.154, 55.156 (except (d)-(g)), 55.201
(except as applicable to contested case hearings), and 55.211 (except
as applicable to contested case hearings);
(D) Chapter 70, section 70.10;
(E) Chapter 281, sections 281.1 (except the clause ``except as
provided by . . . Prioritization Process''), 281.2 introductory
paragraph and (4), 281.3(a) and (b), 281.5 (except the clause ``Except
as provided by . . . Discharge Permits)'' and the phrases ``subsurface
area drip dispersal systems'' and ``radioactive material'' in the
introductory paragraph), 281.17(d)
[[Page 92071]]
(except the references to radioactive material licenses), 281.17(e) and
(f), 281.18(a) (except for the sentence ``For applications for
radioactive . . . within thirty days.''), 281.19(a) (except the last
sentence), 281.19(b) (except the phrase ``Except as provided in
subsection (c) of this section''), 281.20, 281.21(a) (except ``and 32''
and the phrase ``and the Texas Radiation Control Act.''), 281.21(b),
281.21(c) (except the phrase ``radioactive materials,'' in
281.21(c)(2)), 281.21(d), 281.22(a) (except the phrase ``For
applications for radioactive . . . to deny the license.''), 281.22(b)
(except the phrase ``or an injection well,'' in the first sentence and
the phrase ``For underground injection wells . . . the same facility or
activity.''), 281.23(a), and 281.24;
(F) Chapter 305, sections, 305.29, 305.30, 305.64(d) and (f),
305.66(c), 305.66(e) (except for the last sentence), 305.66(f)-(l),
305.123 (except the phrases ``and 32'' and ``and 401''), 305.125(1) and
(3), 305.125(20), 305.127(1)(B)(i), 305.127(4)(A) and (C), 305.127(6),
305.401 (except the text ``Sec. 55.21 of this title (relating to
Requests for Contested Case Hearings, Public Comment)'' at (b), and
305.401(c)); and
(G) Chapter 335, sections 335.2(b), 335.43(b), 335.206, 335.391
through 335.393.
(3) Related legal provisions. The following statutory and
regulatory provisions are broader in scope than the Federal program,
are not part of the authorized program, and are not incorporated by
reference:
(i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2016):
Chapter 361, The Texas Solid Waste Disposal Act (TSWDA), sections
361.131 through 361.140; Chapter 371, Texas Used Oil Collection,
Management, and Recycling Act, sections 371.021, 371.022, 371.024(e),
371.0245, 371.0246, 371.025, and 371.026(c).
(ii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2017, as amended, effective through December 31, 2016: Chapter
305, sections 305.53, 305.64(b)(4), and 305.69(b)(1)(A) (as it relates
to the Application Fee); Chapter 335, sections 335.1(146) ``Solid
waste'' (a)(iv) introductory paragraph (IBR of 40 CFR 261.4(a)(24)),
335.18(a)(6), 335.19(d), 335.27 (IBR of 40 CFR 260.43(a)(4)), 335.321
through 335.332, Appendices I and II, and 335.401 through 335.412.
(4) Unauthorized state amendments and provisions. (i) The following
authorized provisions of the Texas regulations include amendments
published in the Texas Register that are not approved by EPA. Such
unauthorized amendments are not part of the State's authorized program
and are, therefore, not Federally enforceable. Thus, notwithstanding
the language in the Texas hazardous waste regulations incorporated by
reference at paragraph (c)(1)(i) of this section, EPA will enforce the
State provisions that are actually authorized by EPA. The effective
dates of the State's authorized provisions are listed in the Table
below. The actual State regulatory text authorized by EPA (i.e.,
without the unauthorized amendments) is available as a separate
document, Addendum to the EPA-Approved Texas Regulatory and Statutory
Requirements Applicable to the Hazardous Waste Management Program,
dated March 2021. Copies of the document can be obtained from EPA
Region 6, 1201 Elm Street, Suite 500, Dallas, TX 75270.
Table 1 to Paragraph (c)(4)(i)
----------------------------------------------------------------------------------------------------------------
Effective date of Unauthorized State amendments
State provision (December 31, 2016) authorized -------------------------------------------------
provision Texas Register reference Effective date
----------------------------------------------------------------------------------------------------------------
335.6(a)................................... 7/29/92 18 TexReg 2799............... 5/12/93
22 TexReg 12060.............. 12/15/97
23 TexReg 10878.............. 10/19/98
335.6(c) introductory paragraph............ 7/29/92 17 TexReg 8010............... 11/27/92
20 TexReg 2709............... 4/24/95
20 TexReg 3722............... 5/30/95
21 TexReg 1425............... 3/1/96
21 TexReg 2400............... 3/6/96
22 TexReg 12060.............. 12/15/97
23 TexReg 10878.............. 10/19/98
26 TexReg 9135............... 11/15/01
335.6(g)................................... 7/29/92 18 TexReg 3814............... 6/28/93
22 TexReg 12060.............. 12/15/97
23 TexReg 10878.............. 10/19/98
335.24(b) introductory paragraph........... 3/1/96 21 TexReg 10983.............. 11/20/96
23 TexReg 10878.............. 10/19/98
38 TexReg 970................ 2/21/13
335.24(c) introductory paragraph........... 3/1/96 21 TexReg 10983.............. 11/20/96
23 TexReg 10878.............. 10/19/98
38 TexReg 970................ 2/21/13
335.45(b).................................. 9/1/86 17 TexReg 5017............... 7/29/92
335.204(a)(1).............................. 5/28/86 16 TexReg 6065............... 11/7/91
335.204(b)(1).............................. 5/28/86 16 TexReg 6065............... 11/7/91
335.204(b)(6).............................. 5/28/86 16 TexReg 6065............... 11/7/91
335.204(c)(1).............................. 5/28/86 16 TexReg 6065............... 11/7/91
335.204(d)(1).............................. 5/28/86 16 TexReg 6065............... 11/7/91
335.204(e)(6).............................. 5/28/86 16 TexReg 6065............... 11/7/91
----------------------------------------------------------------------------------------------------------------
(ii) Texas has partially or fully adopted, but is not authorized to
implement, the Federal rules that are listed in the following table.
The EPA will continue to implement the Federal HSWA requirements for
which Texas is not authorized until the State receives specific
authorization for those requirements. The EPA will not enforce the non-
HSWA Federal rules although they may be enforceable under State law.
For those Federal rules that contain
[[Page 92072]]
both HSWA and non-HSWA requirements, the EPA will enforce only the HSWA
portions of the rules.
Table 2 to Paragraph (c)(4)(ii)
----------------------------------------------------------------------------------------------------------------
Federal requirement Federal Register reference Publication date
----------------------------------------------------------------------------------------------------------------
Listing of Spent Solvents (HSWA) 50 FR 53315................. December 31, 1985.
(Checklist 20 and Rule 20.1). 51 FR 2702.................. January 21, 1986.
Listing of Spent Pickle Liquor (Non-HSWA) 51 FR 33612................. September 22, 1986.
(Checklist Rule 26.1).
Toxicity Characteristic; Hydrocarbon 55 FR 40834................. October 5, 1990.
Recovery Operations (HSWA) (Checklist 80 56 FR 3978.................. February 1, 1991.
and Rules 80.1 and 80.2). 56 FR 13406................. April 2, 1991.
Toxicity Characteristic; 56 FR 5910.................. 56 FR 5910.
Chlorofluorocarbon Refrigerants (HSWA)
(Checklist 84).
Administrative Stay for K069 Listing (Non- 56 FR 19951................. May 1, 1991.
HSWA) (Checklist 88).
Revision to the Petroleum Refining 56 FR 21955................. May 13, 1991.
Primary and Secondary Oil/Water/Solids
Separation Sludge Listings (HSWA)
(Checklist 89).
Coke Oven Administrative Stay (HSWA) 56 FR 43874................. September 5, 1991.
(Checklist 98).
Hazardous Waste Management System; 59 FR 47980................. September 19, 1994.
Testing and Monitoring Activities, Land
Disposal Restrictions Correction (HSWA)
(Checklist Rule 126.1).
Land Disposal Restrictions Phase III-- 61 FR 15660................. April 8, 1996.
Decharacterized Wastewaters, Carbamate 61 FR 19117................. April 30, 1996.
Wastes, and Spent Potliners (HSWA) 61 FR 33680................. June 28, 1996.
(Checklist Rules 151.1, 151.2, 151.3, 61 FR 36419................. July 10, 1996.
151.4, 151.5, and 151.6).
61 FR 43924................. August 26, 1996.
62 FR 7502.................. February 19, 1997.
Organobromine Production Wastes; 64 FR 36365................. June 8, 2000.
Petroleum Refining Wastes;
Identification and Listing of Hazardous
Waste; Land Disposal Restrictions (HSWA)
(Checklist 187).
Hazardous Air Pollutant Standards; 66 FR 24270................. May 14, 2001.
Technical Corrections (Non-HSWA) 66 FR 35087................. July 3, 2001.
(Checklist Rules 188.1 and 188.2.
Zinc Fertilizers Made from Recycled 67 FR 48393................. July 24, 2002.
Hazardous Secondary Materials (HSWA and
Non-HSWA) (Checklist 200).
Land Disposal Restrictions: National 67 FR 62618................. October 7, 2002.
Treatment Variance to Designate New
Treatment Subcategories for
Radioactively Contaminated Cadmium,
Mercury-Containing Batteries and Silver-
Containing Batteries (HSWA) (Checklist
201).
NESHAP: Surface Coating of Automobiles 69 FR 22601................. April 26, 2004.
and Light-Duty Trucks (Non-HSWA)
(Checklist 205).
Non-wastewaters from Dyes and Pigments 70 FR 35032................. June 16, 2005.
Correction (HSWA) (Checklist Rule 206.1).
Removal of Saccharin and Its Salts from 75 FR 78918................. December 17, 2010.
the Lists of Hazardous Constituents (Non-
HSWA) (Checklist Rule 225).
Hazardous Waste Technical Corrections and 77 FR 22229................. April 13, 2012.
Clarifications Rule (Non-HSWA)
(Checklist 228).
Revisions to the Export Provisions of the 79 FR 36220................. June 26, 2014.
Cathode Ray Tube (CRT) Rule (HSWA)
(Checklist 232).
----------------------------------------------------------------------------------------------------------------
(iii) The Federal rules listed in the table below are not delegable
to States. Texas has adopted these provisions and left the authority to
the EPA for implementation and enforcement.
Table 3 to Paragraph (c)(4)(iii)
----------------------------------------------------------------------------------------------------------------
Federal requirement Federal Register reference Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste: 61 FR 16290................. April 12, 1996.
Implementation of OECD Council Decision
(HSWA) (Checklist 152).
OECD Requirements; Export Shipments of 75 FR 1236.................. January 8, 2010.
Spent Lead-Acid Batteries (Non-HSWA)
(Checklist 222).
----------------------------------------------------------------------------------------------------------------
(iv) Texas has chosen not to adopt, and is not authorized to
implement, the following optional Federal rules:
Table 4 to Paragraph (c)(4)(iv)
----------------------------------------------------------------------------------------------------------------
Federal requirement Federal Register reference Publication date
----------------------------------------------------------------------------------------------------------------
Storage, Treatment, Transportation and 66 FR 27218................. May 16, 2001.
Disposal of Mixed Waste (Non-HSWA)
(Checklist 191).
[[Page 92073]]
Inorganic Chemical Manufacturing Waste 67 FR 17119................. April 9, 2002.
Identification and Listing (HSWA/Non-
HSWA) (Checklist Rule 195.1).
Revisions to the Definition of Solid 73 FR 64668................. October 30, 2008.
Waste (Non-HSWA) (Checklist 219).
Expansion of RCRA Comparable Fuel 73 FR 77954................. December 19, 2008.
Exclusion (Non-HSWA) (Checklist 221).
Withdrawal of the Emission Comparable 73 FR 33712................. June 15, 2010.
Fuel Exclusion (Non-HSWA) (Checklist
224).
----------------------------------------------------------------------------------------------------------------
(5) Vacated Federal rules. (i) Texas adopted and was authorized for
the following Federal rules which have since been vacated by the U.S.
Court of Appeals for the District of Columbia Circuit (D.C. Cir. No.
98-1379 and 08-1144, respectively; June 27, 2014):
Table 5 to Paragraph (c)(5)(i)
----------------------------------------------------------------------------------------------------------------
Federal requirement Federal Register reference Publication date
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Combustors; Revised 63 FR 33782................. June 19, 1998.
Standards (HSWA) (Checklist 168--40 CFR
261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary 73 FR 57.................... January 2, 2008.
Materials Processed in a Gasification
System to Produce Synthesis Gas
(Checklist 216--Definition of
``Gasification'' at 40 CFR 260.10 and
amendment to 40 CFR 261.4(a)(12)(i)).
----------------------------------------------------------------------------------------------------------------
(ii) Texas has adopted the following Federal provisions from the
Revisions to the Definition of Solid Waste Rule (80 FR 1694); January
13, 2015, which have since been vacated by the United States Court of
Appeals for the District of Columbia Circuit (Am. Petroleum Inst. v.
EPA, 862 F.3d 50 (D.C. Cir. 2017) and Am. Petroleum Inst. v. EPA, No.
09-1038 (D.C. Cir. Mar. 6, 2018):
(A) one criterion in the determination of whether recycling is
legitimate at 40 CFR 260.43(a)(4);
(B) one criterion related to the management of hazardous secondary
materials at verified recycler facilities at 40 CFR 260.30(f);
(C) one criterion in the variance determination for exceptions to
the classification of hazardous secondary materials as a solid waste
(at 40 CFR 260.31(d)(6)); and
(D) the verified recycler exclusion, which allowed generators to
send their hazardous secondary materials to certain reclaimers at 40
CFR 261.4(a)(24).
(6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of Texas was signed by the Executive
Director of the Texas Commission on Environmental Quality (TCEQ) on
December 20, 2011, and by the EPA Regional Administrator on February
17, 2012. The 2012 Memorandum of Agreement was re-certified by the
Executive Director of the TCEQ on March 26, 2015, and the EPA Regional
Administrator on September 30, 2015, and is referenced as part of the
authorized hazardous waste management program under Subtitle C of RCRA,
42 U.S.C. 6921 et seq.
(7) Statement of legal authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Texas on
May 22, 1984 and revisions, supplements, and addenda to that Statement
dated November 21, 1986, July 21, 1988, December 4, 1989, April 11,
1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8,
1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended
February 7, 1997, March 11, 1997, January 5, 1999, November 2, 1999,
March 1, 2002, July 16, 2008, December 6, 2011, February 22, 2013, June
10, 2016, and July 9, 2020 are referenced as part of the authorized
hazardous waste management program under Subtitle C of RCRA, 42 U.S.C.
6921 et seq.
(8) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
0
3. Appendix A to part 272 is amended by revising the listing for
``Texas'' to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Texas
The statutory provisions include:
Texas Health and Safety Code (THSC) Annotated, (Vernon, 2016):
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003
(except (3), (6), (11), (14), (14-a), (15), (18-a), (19), (27),
(33), (35), (37), and (39)), 361.019(a), 361.0235, 361.066(a),
361.082(a) and (f), 361.086, 361.087, 361.0871(a), 361.094,
361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas Used Oil
Collection, Management, and Recycling Act, sections 371.003,
371.024(b), 371.026(d), and 371.041.
Copies of the Texas statutes that are incorporated by reference
are available from Thomson Reuters, 610 Opperman Drive, Eagan, MN
55123; Phone: 1-888-728-7677; website: <a href="https://legalsolutions.thomsonreuters.com">https://legalsolutions.thomsonreuters.com</a>.
The regulatory provisions include:
Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2017, as amended, effective through December 31, 2016.
Please note that for some provisions, the authorized versions are
found in the TAC, Title 30, Environmental Quality, as amended
effective January 1, 1994, January 1, 1997, December 31, 1999,
December 31, 2001, December 31, 2012,
December 31, 2014, or January 8, 2015. Texas made subsequent
changes to these provisions, but these changes have not been
authorized by EPA. Where the provisions are taken from regulations
other than those effective December 31, 2016, notations are made
below.
Chapter 3, Section 3.2(25) ``Person''; Chapter 20, Section
20.15; Chapter 35, Section 35.402(e); Chapter 37, Sections 37.1
through 37.81, 37.100 through 37.161, 37.200 through 37.281, 37.301
through 37.381, 37.400 through 37.411, 37.501 through 37.551, 37.601
through 37.671, and 37.6001 through 37.6041; Chapter 281, Section
281.3(c);
Chapter 305, Subchapter A--General Provisions, Sections 305.1(a)
(except the reference to Chapter 401, relative to Radioactive
Materials); 305.2 introductory paragraph (except the references to
THSC sections 401.003 and 401.004, relative to Radioactive Materials
and the reference to
[[Page 92074]]
TWC 32.002); 305.2(1), (6), (11), (12), (14), (15), (19), (20),
(24), (26), (27), (28), (31), and (40)-(42); 305.3;
Chapter 305, Subchapter C--Application for Permit or Post-
Closure Order, Sections 305.41 (except the reference to Chapter 401,
relative to Radioactive Materials and the reference to TWC Chapter
32); 305.42(a), (b), (d), and (f); 305.43(b); 305.44 (except (d));
305.45 (except (a)(7)(I) and (J) and reference to ``and for a Post-
closure order'' at 305.45(a)(8)(C)); 305.47; 305.50(a) introductory
paragraph--(a)(3) (except the last two sentences in 305.50(a)(2));
305.50(a)(4) (December 31, 2012); 305.50(a)(5)-(a)(8);
305.50(a)(13)-(a)(16); 305.50(b); 305.51;
Chapter 305, Subchapter D--Amendments, Renewals, Transfers,
Corrections, Revocation, and Suspension of Permits, Sections 305.61;
305.62(a) (except the phrase in the first sentence ``under Sec.
305.70 of this title . . . Solid Waste Class I Modifications)'' and
the fifth sentence ``If the permittee requests a modification of a
municipal solid waste permit . . . Sec. 305.70 of this title.'');
305.62(b); 305.62(c) introductory paragraph (except the phrase
``other than . . . subsection (i) of this section''); 305.62(c)(1);
305.62(c)(2) introductory paragraph; 305.62(c)(2)(A) (except the
phrase ``except for Texas Pollutant Discharge Elimination System
(TPDES) permits,''); 305.62(c)(2)(B) (except the phrase ``except for
TPDES permits''); 305.62(d) (except (d)(6)); 305.62(e)-(h);
305.63(a) (except the last sentence of (a)(3), and (a)(7));
305.64(a); 305.64(b) (except (b)(4) and (b)(5)); 305.64(c) and (e);
305.64(g); 305.65; 305.66(a) (except (a)(7)-(a)(9)); 305.66(d);
305.67(a) and (b); 305.69(a); 305.69(b) (except the phrases
``Additional Contents of Application for an Injection Well Permit''
and ``Waste Containing Radioactive Materials; and Application Fee''
at (b)(1)(A)); 305.69(c); 305.69(d) (except (d)(7)); 305.69(e)-(h);
305.69(i)(3) and (i)(4); 305.69(j); 305.69(k) (except (k) A.8-A.10);
Chapter 305, Subchapter F--Permit Characteristics and
Conditions, Sections 305.121 (except the phrases ``radioactive
material disposal'' and ``subsurface area drip dispersal systems'');
305.122 (except (e)); 305.124; 305.125 introductory paragraph;
305.125(2) and (4); 305.125(5) (except the second sentence);
305.125(6)-(8); 305.125(9) (except (9)(C)); 305.125(10) (except the
phrases ``and 32'' and ``and 401.603''); 305.125(11) (except the
phrase ``as otherwise required by Chapter 336 of this title''
relative to Radioactive Substances in (11)(B)); 305.125(12)-(19),
and (21); 305.127 introductory paragraph; 305.127(1)(B)(iii);
305.127(1)(E) and (F); 305.127(2); 305.127(3)(A) (except the last
two sentences); 305.127(3)(B) and (C); 305.127(4)(B); 305.127(5)(C);
305.128;
Chapter 305, Subchapter G--Additional Conditions for Hazardous
and Industrial Solid Waste Storage, Processing, or Disposal Permits,
Sections 305.141 through 305.145; 305.150;
Chapter 305, Subchapter I--Hazardous Waste Incinerator Permits,
Sections 305.171 through 305.176;
Chapter 305, Subchapter J--Permits for Land Treatment
Demonstrations Using Field Tests or Laboratory Analyses, Sections
305.181 through 305.184;
Chapter 305, Subchapter K--Research, Development, and
Demonstration Permits, Sections 305.191 through 305.194;
Chapter 305, Subchapter L--Groundwater Compliance Plan, Section
305.401(c);
Chapter 305, Subchapter Q--Permits for Boilers and Industrial
Furnaces Burning Hazardous Waste, Sections 305.571 through 305.573;
Chapter 305, Subchapter R--Resource Conservation and Recovery
Act Standard Permits for Storage and Treatment Units, Sections
305.650 through 305.661;
Chapter 324, Subchapter A--Used Oil Recycling, Sections 324.1;
324.2 (except 324.2(2)); 324.3 (except 324.3(5)); 324.4; 324.6;
324.7; 324.11 through 324.16; 324.21; 324.22(d)(3);
Chapter 335, Subchapter A--Industrial Solid Waste and Municipal
Hazardous Waste in General, Sections 335.1 introductory paragraph--
(4), (6)-(12), (16)-(19), (21)-(23), (27), (28), (30)-(35), (38),
(40), (42)-(51), (52) (except for the phrase ``or is used for
neutralizing the pH of non-hazardous industrial solid waste''),
(54)-(59), (61)-(65), (67), (68), (70), (71), (73)-(82), (84)-(120)
(except the phrase ``solid waste or'' at (94), (95), (96), (99),
(100), and (105)), (122)-(124) (except the phrase ``solid waste or''
at (122)), (128)-(134) (except two instances of the phrase ``solid
waste or'' at (129)), (136), (138)-(142), (144)-(146)(A)(iii),
(146)(A)(iv) introductory paragraph (except the last sentence and
the IBR of 40 CFR 261.4(a)(24)), (146)(B)-(G) (except the phrase
``Except for materials described in subparagraph (H) of this
paragraph.'' at (D) and (G) introductory paragraphs), (146)(I)-(K),
(147), (148), (150)-(160) (except the phrase ``solid waste or'' at
(153), (156) and (158)), (161)-(165) (except the phrase ``or
industrial solid'' at (161), (164), and (165)), (167)-(180) (except
two instances of the phrase ``solid waste or'' at (170)), (181)
(except the phrase ``or industrial solid'' at (181)(B)), (182)-
(184), and (185) (except two instances of the phrase ``solid waste
or''); 335.2 (except (b), (d), (h), (k) and (n)); 335.4; 335.5
(except (d)); 335.6(a); 335.6(b) (January 1, 1997); 335.6(c);
335.6(d) (except the last sentence) (January 1, 1994); 335.6(e)
(January 1, 1994); 335.6(f) and (g); 335.6(h) (except the third
sentence); 335.6(i) and (j); 335.7; 335.8(a)(1) and (2); 335.9(a)
(except (a)(2) and (3)); 335.9(a)(2) and (3) (January 1, 1997);
335.9(b) (January 1, 1994); 335.10(a) and (b); 335.11(a); 335.12(a);
335.13(a) (January 1, 1997); 335.13(c) and (d) (January 1, 1994);
335.13(e) and (f) (January 1, 1997); 335.13(g) (January 1, 1994);
335.13(k); 335.14; 335.15 introductory paragraph (January 1, 1994);
335.15(1); 335.15(3) (except two references to ``Class 1 waste'' at
introductory paragraph); 335.17(a); 335.18(a) (except (a)(6); 335.19
(except 335.19(d) and (e)); 335.20 through 335.23(1); 335.23(2)
(January 1, 1994); 335.24(a)-(f); 335.24(m) and (n); 335.26; 335.27
(except the IBR of 40 CFR 260.43(a)(4)); 335.29 (except 335.29(3));
335.29(3) (December 31, 2014); 335.30 through 335.32;
Chapter 335, Subchapter B--Hazardous Waste Management General
Provisions, Sections 335.41(a)-(c); 335.41(d) introductory paragraph
and (d)(2)-(4); 335.41(d)(1) (December 31, 2001); 335.41(e)-(j);
335.43(a); 335.44; 335.45; 335.47 (except (b) and second sentence in
(c)(3)); 335.47(b) (December 31, 1999);
Chapter 335, Subchapter C--Standards Applicable to Generators of
Hazardous Waste, Sections 335.61 (except (f)); 335.62; 335.63;
335.65 through 335.68; 335.69 (except ``and (n)'' in (a)
introductory paragraph, (i), and (n)); 335.70; 335.71; 335.73
through 335.75; 335.76 (except (h)); 335.77; 335.78(a); 335.78(b)
(January 1, 1997); 335.78(c); 335.78(d) (except (d)(2)); 335.78(e)
introductory paragraph (January 1, 1997); 335.78(e)(1) and (2);
335.78(f) (except 335.78(f)(2)); 335.78(f)(2) (January 1, 1997);
335.78(g) (except (g)(2)); 335.78(g)(2) (January 1, 1997);
335.78(h)-(j); 335.79;
Chapter 335, Subchapter D--Standards Applicable to Transporters
of Hazardous Waste, Sections 335.91 (except (e)); 335.92; 335.93
(except (e)); 335.93(e) (December 31, 1999); 335.94;
Chapter 335, Subchapter E--Interim Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, or Disposal
Facilities, Sections 335.111; 335.112 (except (a)(17)); 335.113;
335.115 through 335.128;
Chapter 335, Subchapter F--Permitting Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, or Disposal
Facilities, Sections 335.151 through 335.153; 335.155 through
335.179;
Chapter 335, Subchapter G--Location Standards for Hazardous
Waste Storage, Processing, or Disposal, Sections 335.201(a) (except
(a)(3)); 335.201(c); 335.202 introductory paragraph; 335.202(2),
(4), (9)-(11), (13), and (15)-(18); 335.203; 335.204(a) introductory
paragraph--(a)(5); 335.204(b)(1)-(6); 335.204(c)(1)-(5);
335.204(d)(1)-(5); 335.204(e) introductory paragraph; 335.204(e)(1)
introductory paragraph (except the phrase ``Except as . . . (B) of
this paragraph,'' and the word ``event'' at the end of the
paragraph); 335.204(e)(2)-(7); 335.204(f); 335.205(a) introductory
paragraph--(a)(2) and (e);
Chapter 335, Subchapter H--Standards for the Management of
Specific Wastes and Specific Types of Facilities, Sections 335.211
through 335.214; 335.221 through 335.225; 335.241(except (b)(4));
335.251; 335.261 (except (e)); 335.271; 335.272;
Chapter 335, Subchapter O--Land Disposal Restrictions, Section
335.431;
Chapter 335, Subchapter R--Waste Classification, Sections
335.504 (except (2)); 335.504(2) (January 8, 2015, 40 TexReg 77;
August 22, 2014 proposed rule, 39 TexReg 6376);
Chapter 335, Subchapter U, Standards for Owners and Operators of
Hazardous Waste Facilities Operating Under a Standard Permit,
Sections 601 and 602;
Chapter 335, Subchapter V, Standards for Reclamation of
Hazardous Secondary Materials, Sections 701 through 706.
Copies of the Texas regulations that are incorporated by
reference are available from Thomson Reuters, 610 Opperman Drive,
Eagan, MN 55123; Phone: 1-888-728-7677;
[[Page 92075]]
website: <a href="https://legalsolutions.thomsonreuters.com">https://legalsolutions.thomsonreuters.com</a>.
* * * * *
[FR Doc. 2024-26905 Filed 11-20-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 21, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.