[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Pages 20187-20195]
[FR Doc No: 2020-06896]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R06-RCRA-2016-0549; FRL-10004-22-Region 6]

Texas: Final Authorization of State-Initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and response to comments.

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SUMMARY: In this rule, the Environmental Protection Agency (EPA) is
approving state-initiated changes and incorporation by reference of the
State of Texas hazardous waste program under the Resource Conservation
and Recovery Act. The EPA also addresses comments it received after
issuing two proposed rules on the Texas revisions. EPA is confirming
the program revisions to the State of Texas hazardous waste program
satisfy all requirements needed to qualify for final authorization. No
further opportunity for comment will be provided. This final rule also
codifies and incorporates by reference the authorized provisions of the
Texas statutes and regulations in the Code of Federal Regulations.

DATES: This final rule is effective April 10, 2020. The incorporation
by reference of authorized provisions in the Texas statutes and
regulations contained in this rule is approved by the Director of the
Federal Register as of April 10, 2020, 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-2016-0549. All documents in the docket are
listed in www.regulations.gov index. Although listed in the index, some
of the information is not publicly available. e.g., Confidential
Business Information 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 through
www.regulations.gov or in hard copy. You can view and copy the
documents that form the basis for the 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<PHONE_NUMBER>.
Interested persons wanting to examine these documents should make an
appointment with the office.

FOR FURTHER INFORMATION CONTACT:  Alima Patterson, Region 6, Regional
Authorization/Codification Coordinator, Permit Section (LCR-RP), Land,
Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm Street,
Suite 500, Dallas, Texas 75270, and Email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. What were the comments and responses to EPA's proposal?

    During the initial public comment period that ended on November 23,
2018, EPA received comments from three sources regarding EPA's proposal
to (1) authorize State-initiated changes to Texas' hazardous waste
regulations in accordance with 40 CFR part 271 and (2) codify in 40 CFR
part 272, the prior approval of Texas' hazardous waste management
program and incorporate by reference authorized provisions of the
State's statutes and regulations. For the public comment period ending
August 9, 2019, EPA received one comment from one of the initial
commenters which reiterated concerns about the Texas authorized
program. The full set of comments can be found in the docket for this
action.

    In accordance with 40 CFR parts 271 and 272, EPA provides the
following responses to comments regarding the authorization and
codification of Texas' hazardous waste program under RCRA subtitle C:
    One commenter made a reference to a previous Texas authorization
Federal Register notice published on September 3, 2014 (79 FR 52220;
EPA-R06-RCRA-2013-0624-0003) in which the commenter raised an issue
about Texas' land disposal restrictions (LDR) requirements. In an
initial comment received on November 19, 2018 for the October 24, 2018
Proposed Rule, the commenter asserted that EPA does not address public
comments that oppose a State's authorization and requested a ``complete
top-to-bottom review'' of Texas' RCRA program, starting with the Texas
land disposal restrictions and the hazardous fluorescent lamp programs
to ensure that the State's program is no less stringent than the
Federal law and regulations. This same commenter reiterated the same
concerns in a comment submitted during the extended public comment
period that ended on August 9, 2019. EPA responds to this comment as
follows:
    The commenter's assertion that EPA does not address public comments
that oppose a State's authorization is incorrect. The EPA does address
adverse comments that pertain to specific final rules for which a State
is seeking authorization. In the case of the September 3, 2014 Federal
Register notice, the Texas authorization did not pertain to the LDR
program and therefore the comment about LDR was not relevant to the
action addressed in that authorization notice. See www.regulations.gov
for the response to the comment posted on September 15, 2014. With
respect to the hazardous waste lamp rule, as introduced into the
Federal regulations on July 6, 1999 (64 FR 36466), EPA reviewed Texas
regulations for those provisions and determined that they were
equivalent to the Federal requirements and authorized the State for the
lamp requirements (70 FR 34371, June 14, 2005). EPA can only address
the comments and take action on the specific set of rules which are
identified in the current rulemaking. Prior rulemakings should be
challenged at the time they are proposed and finalized. If they are not
challenged in a timely manner, the concept of final agency action under
the Administrative Procedure Act (See 5 U.S.C. Sec.704) would be
undermined. In order to adequately address the concerns of this
anonymous commenter, EPA recommends that the commenter contact EPA
directly and send written documentation, outlining the specific reasons
for their assessment and conclusions about the Texas authorized
hazardous waste program. The information sent to EPA should provide
supporting documentation and rationale for their evaluation of the
Texas program or the commenter may contact the Region to discuss their
concerns.
    A second set of comments were submitted by the Sierra Club which
raised a number of issues related to: (1) EPA's proposed authorization
of State-initiated changes to Title 30, Texas Administrative Code,
sections 335.155(1) and 335.261(b)(15), analogous to 40 CFR 264.77(a)
and 273.8(a)(2), respectively; (2) authorized Texas provisions and
amendments to previously authorized provisions in the Texas
regulations; and (3) limited explanation and information about
accessing the agency's documents underlying the proposed action.
    In the first issue, the Sierra Club objected to EPA authorizing the
State-initiated changes that EPA has deemed minor without the State
submitting a formal application for EPA authorization or providing the
citation of authority which explains the basis for the absence of a
formal application. The Sierra Club further asserted that the formal
application would have provided the associated public participation
processes. EPA's response to this comment is discussed in Section B
below.
    The second issue raised by the Sierra Club involved the
documentation EPA provided in the proposed rule relative to the
codification and incorporation by reference of the Texas authorized
program. The Sierra Club acknowledged that in the proposed rule, EPA
notified the public that there are some provisions of the Texas
hazardous waste management program that are not part of the Federally
authorized State program; such as State analogs to Federal provisions
for which the State is not authorized, unauthorized amendments to
previously authorized State provisions, new unauthorized State
requirements and Federal rules for which Texas is authorized but which
have since been vacated. See, 83 FR 53597, October 24, 2018. In
addition, the Sierra Club emphasized that ``[S]imply noting that there
are such unauthorized provisions in the Texas program and that they are
not Federally enforceable falls short of EPA's legal obligations under
RCRA.'' and ``if the Texas hazardous waste program contains any
provision that is less stringent than the Federal requirements, it is
unlawful and EPA must disapprove it until those provisions are
corrected or eliminated.'' EPA responds to this comment as follows:
    As discussed in Section II.C of the proposed rule, the purpose of
the codification of the Texas statutes and regulations under 40 CFR
part 272 is to clarify which of the Texas provisions are included in
the authorized and Federally enforceable program and for the public to
be able to discern the status of Federally approved requirements of the
Texas hazardous waste management program. The codification process that
EPA follows requires the Agency to review the State's entire
regulations in order to document the provisions that EPA has already
authorized, and to identify all provisions and language in the State's
regulations that EPA has not authorized. Such unauthorized State
provisions may include (1) analogs to Federal provisions adopted by the
State; (2) State-only provisions with no Federal analogs; (3)
amendments to previously authorized provisions; or (4) Federal
provisions adopted by the State but which have since been vacated by a
Court at the Federal level. The process allows EPA to identify
regulatory and statutory deficiencies in the State's authorized program
and to require the State to make corrections and amendments to the
State regulations and statutes to be at least equivalent and consistent
and not less stringent than the Federal program. The State is then
required to submit a program revision application to EPA for review and
approval. While the State is addressing those issues, EPA proceeds with
the codification of the State's authorized program and makes it clear
to the public in the codification Federal Register document which State
provisions are not part of the authorized program.
    In the case of the Comparable Fuels Exclusions (63 FR 33782, 6/19/
98) and the Hazardous Waste Gasification Exclusion (73 FR 57 1/2/08)
for which Texas was previously authorized, but 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), the EPA is clarifying in this final rule, that the Texas
provisions are no longer part of the State's authorized program. The
effect of the vacaturs on all States, including Texas, is that the
previously authorized comparable fuels and gasification rules from the
State program are no longer to be considered part of the Federally
authorized program. Thus, EPA may bring enforcement actions under RCRA
Section 3008 at facilities that do not

comply with the RCRA hazardous waste regulations.
    EPA has been working with the State of Texas to make the necessary
corrections to its regulations and to submit an application to EPA for
review. In the Binder entitled ``EPA-Approved Texas Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program,'' dated December 2015 (the Binder) that is incorporated by
reference, EPA crosses out all provisions and language that EPA has
determined are not part of the State's authorized requirements. The
``Addendum to the EPA Approved Texas Regulatory Requirements Applicable
to the Hazardous Waste Management Program'' (the Addendum) includes the
actual State regulatory text authorized by the EPA for the citations
listed at 272.2201(c)(4).
    Finally, the commenters indicated that EPA did not make available
in the e-docket at www.regulations.gov all supporting documents for
EPA's proposed authorization and codification of the Texas hazardous
waste management program. With the publication of the August 9, 2019
Federal Register notice that extended the public comment period for 30
days, EPA provided all supporting documents at www.regulations.gov.
Copies of both the Binder and the Addendum were also made available to
the public in the e-docket at www.regulations.gov.

B. What State-initiated changes is EPA authorizing with this action?

    The Sierra Club objected to EPA authorizing the State-initiated
changes that EPA has deemed minor without the State submitting a formal
application for EPA authorization or providing the citation of
authority which explains the basis for the absence of a formal
application. The Sierra Club further asserted that the formal
application would have provided the associated public participation
processes. EPA responds to this comment as follows:
    According to 40 CFR 271.21 Procedures for revision of State
Programs--40 CFR 271.21(a) provides, ``Either EPA or the approved State
may initiate program revision.'' Further, 40 CFR 271.21(b)(1) states
``The State shall submit a modified program description, . . . , or
such other documents as EPA determines to be necessary under the
circumstances.'' Under the circumstances of these revisions EPA has
determined that the only documents deemed necessary are the Texas RCRA
statutes and regulations. We determined this because State-initiated
changes addressed in the proposed rule were corrections to technical
errors in the State's regulations that did not impact substance of the
State's authorized hazardous waste management program. Specifically,
Texas amended 335.155(1) [analog to 40 CFR 264.77(a)] to correct an
error in the internal reference by replacing ``264.56(j)'' with
``264.56(i). Texas also amended 335.261(b)(15) [analog to 40 CFR
264.77(a) and 273.8(a)(2)] to provide correct references to 40 CFR
273.8(a)(2) and 261.5. EPA deemed these corrections to be of a such a
non-substantive/minor nature that submission of additional material was
not necessary. The State's laws and regulations, as amended by these
provisions, provide authority which remains equivalent to, and no less
stringent than the corresponding Federal laws and regulations.
    Based on EPA's responses to the comments received regarding the
proposed authorization of the State-initiated changes, the EPA now
makes a final decision that Texas' hazardous waste program revisions
satisfy the requirements necessary to qualify for final authorization
in accordance with 40 CFR 271.21(a). EPA will continue to implement and
enforce Hazardous and Solid Waste Amendments of 1984 (HSWA) provisions
for which the State is not authorized. EPA also retains its authority
under RCRA sections 3007, 3008, 3013 and 7003 which include, among
others, authority to: (1) Take enforcement actions regardless of
whether the State has taken its own action, (2) enforce RCRA
requirements and suspend or revoke permits; and (3) perform
inspections, and require monitoring, tests, analyses or reports.

C. Amendments to 40 CFR 272.2201

    In this final action, 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 the 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)(6), (7),
and (8) reference the Memorandum of Agreement, the Attorney General's
Statements, and the Program Description, respectively. These documents
are evaluated as part of the approval process 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) and (5), EPA lists amendments to Texas regulations and
Federal rules which are not part of the Texas authorized program.
    The October 24, 2018 proposed rule provides details about the
effect of Texas's codification on enforcement (See, Section III.D, 83
FR 53597) and on Federal requirements promulgated under the Hazardous
and Solid Waste Amendments of 1984 (HSWA) (See Section III.F, 83 FR
53598).

1. Incorporation by Reference

    In the Federal Register document published on October 24, 2018 (83
FR 53595), the EPA also proposed to codify the EPA's authorization of
Texas' base hazardous waste management program and the State's
revisions to that program. In this action, the EPA is finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, the EPA is finalizing the
incorporation by reference of the Texas authorized hazardous waste
statutes and regulations described in the amendments to 40 CFR 272.2201
set forth below. The EPA has made, and will continue to make, these
materials generally available electronically through http://www.regulations.gov and in hard copy at the appropriate EPA office (see
the ADDRESSES section of this preamble for more information).

2. Correction and Clarification

    In this final rule, the EPA is making corrections and clarifying
the language in 40 CFR 272.2201(c)(5) and the associated Table. The
Table includes an incorrect entry for Withdrawal of the Emission
Comparable Fuel Exclusion under RCRA (Checklist 224--amendments to 40
CFR 261.4(a)(16) and 261.38) (75 FR 33712, June 15, 2010). Texas
adopted and was authorized for the Comparable Fuel exclusion as
introduced by the Hazardous Waste Combustors Revised Standards final
(63

FR 33782, June 19, 1998 (Revision Checklist 168); however, the State
did not adopt, and was not authorized for the amendment to the
Comparable Fuel exclusion published on June 15, 2010. Thus, EPA is
correcting the Sec.  272.2201(c)(5) Table to remove the third entry
regarding the June 15, 2010 final rule (Revision Checklist 224). The
EPA is also adding language to Sec.  272.2201(c)(5) to clarify that EPA
may bring enforcement action under RCRA section 3008 at facilities that
do not comply with the terms of the court vacaturs. The EPA is also
correcting a typographical error in the entry for Checklist 224 in the
Sec.  272.2201(c)(4)(iv) Table by replacing the Federal Register
reference ``73 FR 33712'' with ``75 FR 33712.''

D. Administrative Requirements

    This final action authorizes and codifies State requirements for
the purpose of RCRA section 3006 and imposes no additional requirements
beyond those imposed by State law. For further information on how this
authorization and codification comply with applicable executive orders
and statutory provisions, please see the proposed rule published in the
Federal Register (83 FR 53595, October 24, 2018).
    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 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 April 10, 2020.

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 rule is issued under the authority of Section
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926,697(b).

    Dated: March 25, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
    For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final
authorization under 40 CFR part 271 to the State of Texas for State-
initiated revisions to its hazardous waste program under the Resource
Conservation and Recovery Act and 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, and April 10,
2020.
    (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: http://legalsolutions.thomsonreuters.com. You may inspect a copy at EPA
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, Phone
number:<PHONE_NUMBER>, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email<EMAIL_ADDRESS>or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) ``EPA-Approved Texas Statutory and Regulatory Requirements
Applicable to the Hazardous Waste Management Program'', dated December
2015.
    (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, 2010,
as amended by the 2015 Cumulative Annual Pocket Part, effective
September 1, 2015); 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, 361.067, 361.068, 361.069, 361.078,
361.079, 361.0791, 361.080, 361.081, 361.082 (except 361.082(a) and
(f)), 361.083, 361.0833, 361.084, 361.085, 361.0861(c), 361.0871(b),
361.088, 361.0885, 361.089 (2015 Cumulative Annual Pocket Part),
361.090, 361.095(b) through (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 (2015 Cumulative Annual Pocket Part), 361.272 through 361.275,
361.278, 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,
2015: 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, and 5.551 through
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, 7.353; 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, 2015,
section 311.027.
    (iv) Texas Rules of Civil Procedure, as amended effective September
1, 2015, Rule 60.
    (v) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2015, as amended, effective through December 31, 2014:
    (A) Chapter 10; Chapter 39, sections 39.5(g) and (h), 39.11, 39.13
(except (10)), 39.103 (except (f) and (h)), 39.105, 39.107, 39.109,
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)(3), 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) (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) through
(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, 2010):
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, 2015, as amended, effective through December 31, 2014: 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 335.321 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,
December, 2015. Copies of the document can be obtained from EPA Region
6, 1201 Elm Street, Suite 500, Dallas, Texas 75270.

                                         Table 1 to Paragraph (c)(4)(i)
----------------------------------------------------------------------------------------------------------------
                                          Effective date               Unauthorized State amendments
   State provision (December 31, 2014)     of 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 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
----------------------------------------------------------------------------------------------------------------
Clarification of Standards for           62 FR 64504.......................  December 5, 1997.
 Hazardous Waste LDR Treatment
 Variances (HSWA) (Checklist 162).
Organobromine Production Wastes;         64 FR 36365.......................  June 8, 2000.
 Petroleum Refining Wastes;
 Identification and Listing of
 Hazardous Waste; Land Disposal
 Restrictions (HSWA) (Checklist 187).
Zinc Fertilizers Made from Recycled      67 FR 48393.......................  July 24, 2002.
 Hazardous Secondary Materials (HSWA
 and Non-HSWA) (Checklist 200).
----------------------------------------------------------------------------------------------------------------

    (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
----------------------------------------------------------------------------------------------------------------
NESHAPS Second Technical Correction,     66 FR 24270.......................  May 14, 2001.
 Vacatur (Non-HSWA) (Checklist Rule
 188.1).
Storage, Treatment, Transportation and   66 FR 27218.......................  May 16, 2001.
 Disposal of Mixed Waste (Non-HSWA)
 (Checklist 191).
Inorganic Chemical Manufacturing Waste   67 FR 17119.......................  April 9, 2002.
 Identification and Listing (HSWA/Non-
 HSWA) (Checklist Rule 195.1).
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).
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    75 FR 33712.......................  June 15, 2010.
 Fuel Exclusion (Non-HSWA) (Checklist
 224).
Removal of Saccharin and Its Salts from  75 FR 78918.......................  December 17, 2010.
 the Lists of Hazardous Constituents
 (Non-HSWA) (Checklist Rule 225).
----------------------------------------------------------------------------------------------------------------

    (5) Vacated Federal rules. Texas adopted and was authorized for the
Federal rules listed in the Table below 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). The effect
of the vacaturs on Texas is that the previously authorized comparable
fuels and gasification rules from the State program are no longer be
considered part of the Federally authorized program. Thus, EPA may
bring enforcement actions under RCRA Section 3008 at facilities that do
not comply with the RCRA hazardous waste regulations.

                                           Table 5 to Paragraph (c)(5)
----------------------------------------------------------------------------------------------------------------
          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)).
----------------------------------------------------------------------------------------------------------------

    (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 12, 2013, and
June 10, 2016] 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. Amend Appendix A to part 272 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, 2010):
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003
(except (3), (19), (27), (35), 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: http://legalsolutions.thomsonreuters.com.
    The regulatory provisions include:
    Texas Administrative Code (TAC), Title 30, Environmental Quality,
2015, as amended, effective through December 31, 2014, and where
indicated, amendments effective January 8, 2015, as published in the
Texas Register on January 2, 2015 (40 TexReg 77); based on the proposed
rule published August 22, 2014 (39 TexReg 6376). 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, or December 31,
2012. 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, 2014,
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 TWC 32.002); 305.2(1), (6), (11), (12), (14), (15), (19),
(20), (24), (26), (27), (28), (31), (40), (41), and (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)); 305.47; 305.50(a) introductory paragraph
through (a)(3) (except the last two sentences in 305.50(a)(2));
305.50(a)(4) (December 31, 2012); 305.50(a)(5) through (a)(8);
305.50(a)(13) through (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 ``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) through (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) through (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) through (h); 305.69(i)(3) and
(i)(4); 305.69(j); 305.69(k) (except (k) A.8 through 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) through (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) through (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
through (4), (6) through (12), (16) through (19), (23), (24), (26)
through (30), (33), (35) through (38), (40) through (47), (48) (except
for the phrase ``or is used for neutralizing the pH of non-hazardous
industrial solid waste''), (49), (50), (51), (53) through (58), (60)
through (64), (66), (67), (70) through (79), (81) through (115) (except
the phrase ``solid waste or'' at (89), (91), (92), (94), (95), and
(100)), (117) (except the phrase ``solid waste or''), (118), (119),
(123) through (128) (except the phrase ``solid waste or'' at (124)),
(130), (132) through (136), (138) through (140)(A)(iii), (140)(A)(iv)
introductory paragraph (except the last sentence), (140)(B) through (G)
(except the phrase ``Except for materials described in subparagraph (H)
of this paragraph.'' at (D) and (G) introductory paragraphs),),
(140)(I) and (J), (141), (142), (144) through (154) (except the phrase
``solid waste or'' at (147), (150) and (152)), (155) through (159)
(except the phrase ``or industrial solid'' at (155), (158), and (159)),
(161) through (170) (except the phrase ``solid waste or'' at (164)),
(171) (except the phrase ``or industrial solid'' at (171)(B)), (172)
through (174), and (175) (except the phrase ``solid waste or'') (40
TexReg 77, effective January 8, 2015); 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); 335.19 (except
335.19(d)); 335.20 through 335.23(1); 335.23(2) (January 1, 1994);
335.24(a) through (f); 335.24(m) and (n); 335.29 through 335.31;
    Chapter 335, Subchapter B--Hazardous Waste Management General
Provisions, Sections 335.41(a) through (c); 335.41(d) introductory
paragraph and (d)(2) through (d)(4); 335.41(d)(1) (December 31, 2001);
335.41(e) through (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) through (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 (except 335.155(1)); 335.155(1) (40 TexReg 77,
effective January 8, 2015 (August 22, 2014 proposed rule (39 TexReg
6376))); 335.156 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)
through (11), (13), and (15) through (18); 335.203; 335.204(a)
introductory paragraph through (a)(5); 335.204(b)(1) through (6);
335.204(c)(1) through (5); 335.204(d)(1) through (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) through (e)(7);
335.204(f); 335.205(a) introductory paragraph through (a)(2) and (e);
    Chapter 335, Subchapter H--Standards for the Management of Specific
Wastes and Specific Types of Facilities, Sections 335.211(a) (40 TexReg
77, effective January 8, 2015); 335.211(b) and (c); 335.212 through
335.214; 335.221 through 335.225; 335.241(except (b)(4)); 335.251;
335.261 (except (b) introductory paragraph, (b)(6), (b)(15) and (e));
335.261(b) introductory paragraph, (b)(6), and (b)(15) (40 TexReg 77,
effective January 8, 2015 (August 22, 2014 proposed rule (39 TexReg
6376))); 335.271; 335.272;
    Chapter 335, Subchapter O--Land Disposal Restrictions, Section
335.431 (except (c)(1); 335.431(c)(1) (39 TexReg 6376, effective August
22, 2014 (August 22, 2014 proposed rule (39 TexReg 6376)));
    Chapter 335, Subchapter R--Waste Classification, Sections 335.504
(except 335.504(1)); 335.504(1) (40 TexReg 77, effective January 8,
2015 (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.
    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; website: http://legalsolutions.thomsonreuters.com.
* * * * *
[FR Doc. 2020-06896 Filed 4-9-20; 8:45 am]
 BILLING CODE 6560-50-P


     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

                             OFFICE OF CHEMICAL SAFTEY
AND POLLUTION PREVENTION

RE:  	Meeting with Carboline and EPA to discuss conditions of use for dicyclohexyl phthalate

List of Documents
 Meeting Summary
 Attendees
Meeting Summary
On November 6[th], 2019, EPA spoke with Carboline to discuss use information on dicyclohexyl phthalate (CASRN 84-61-7). EPA provided a general overview of the process of gathering use information under TSCA section 6. Carboline shared details about their Thermaline 4900 product line, which includes dicyclohexyl phthalate. They generally discussed their products' uses, how they're applied, what purpose dicyclohexyl phthalate performs in the coatings, and their overall supply chain and current market.

Attendees
EPA:
Claire Brisse
Doug Parsons

Carboline:
Mary Roley
Ken Schlereth