Sporting Goods, Hobby, and Musical Instrument Stores
                                                                            780
                                                                            109
                                                                             60
                                                                             11
                                                                              0
                                                                           4821
Rail Transportation
                                                                              8
                                                                              8
                                                                              8
                                                                              2
                                                                              0
                                                                           4841
General Freight Trucking
                                                                             13
                                                                             13
                                                                              0
                                                                              0
                                                                              0
                                                                           4842
Specialized Freight Trucking
                                                                             12
                                                                              3
                                                                              0
                                                                              0
                                                                              0
                                                                           4851
Urban Transit Systems
                                                                              3
                                                                              3
                                                                              3
                                                                              2
                                                                              0
                                                                           4881
Support Activities for Air Transportation
                                                                             21
                                                                             21
                                                                             21
                                                                             12
                                                                              0
                                                                           4883
Support Activities for Water Transportation
                                                                            306
                                                                             45
                                                                             25
                                                                              6
                                                                              0
                                                                           4884
Support Activities for Road Transportation
                                                                            183
                                                                             11
                                                                             10
                                                                              3
                                                                              0
                                                                           4911
Postal Service
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                           4921
Couriers and Express Delivery Services
                                                                              8
                                                                              1
                                                                              0
                                                                              0
                                                                              0
                                                                           5111
Newspaper, Periodical, Book, and Directory Publishers
                                                                            131
                                                                             18
                                                                             10
                                                                              2
                                                                              0
                                                                           5173
Wired and Wireless Telecommunications Carriers
                                                                             10
                                                                              1
                                                                              0
                                                                              0
                                                                              0
                                                                           5182
Data Processing, Hosting, and Related Services
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                           5211
Monetary Authorities-Central Bank
                                                                            131
                                                                             18
                                                                             10
                                                                              2
                                                                              0
                                                                           5242
Agencies, Brokerages, and Other Insurance Related Activities
                                                                             10
                                                                              3
                                                                              0
                                                                              0
                                                                              0
                                                                           5311
Lessors of Real Estate
                                                                              7
                                                                              4
                                                                              0
                                                                              0
                                                                              0
                                                                           5313
Activities Related to Real Estate
                                                                            231
                                                                             32
                                                                             18
                                                                              3
                                                                              0
                                                                           5323
General Rental Centers
                                                                             53
                                                                             19
                                                                             10
                                                                              4
                                                                              0
                                                                           5324
Commercial and Industrial Machinery and Equipment Rental and Leasing
                                                                            113
                                                                             16
                                                                              9
                                                                              2
                                                                              0
                                                                           5413
Architectural, Engineering, and Related Services
                                                                            218
                                                                             88
                                                                             65
                                                                             12
                                                                              0
                                                                           5415
Computer Systems Design and Related Services
                                                                            121
                                                                             17
                                                                              9
                                                                              2
                                                                              0
                                                                           5416
Management, Scientific, and Technical Consulting Services
                                                                            153
                                                                             53
                                                                             19
                                                                              7
                                                                              0
                                                                           5417
Scientific Research and Development Services
                                                                             12
                                                                             12
                                                                              8
                                                                              2
                                                                              0
                                                                           5419
Other Professional, Scientific, and Technical Services
                                                                            125
                                                                             18
                                                                             10
                                                                              2
                                                                              0
                                                                           5611
Office Administrative Services
                                                                            118
                                                                             17
                                                                              9
                                                                              2
                                                                              0
                                                                           5613
Employment Services
                                                                            119
                                                                             45
                                                                             34
                                                                             10
                                                                              0
                                                                           5614
Business Support Services
                                                                             12
                                                                              2
                                                                              0
                                                                              0
                                                                              0
                                                                           5616
Investigation and Security Services
                                                                            395
                                                                             66
                                                                             36
                                                                              7
                                                                              0
                                                                           5617
Services to Buildings and Dwellings
                                                                            127
                                                                             18
                                                                             10
                                                                              2
                                                                              0
                                                                           5621
Waste Collection
                                                                            102
                                                                             35
                                                                             19
                                                                              4
                                                                              0
                                                                           5622
Waste Treatment and Disposal
                                                                             39
                                                                             28
                                                                             22
                                                                              6
                                                                              0
                                                                           5629
Remediation and Other Waste Management Services
                                                                          1,663
                                                                            739
                                                                            494
                                                                            190
                                                                              4
                                                                           6111
Elementary and Secondary Schools
                                                                              4
                                                                              3
                                                                              3
                                                                              2
                                                                              0
                                                                           6112
Junior Colleges
                                                                            146
                                                                             20
                                                                             11
                                                                              2
                                                                              0
                                                                           6113
Colleges, Universities, and Professional Schools
                                                                             11
                                                                              8
                                                                              0
                                                                              0
                                                                              0
                                                                           6115
Technical and Trade Schools
                                                                            714
                                                                            100
                                                                             46
                                                                             10
                                                                              0
                                                                           6116
Other Schools and Instruction
                                                                            745
                                                                            111
                                                                             61
                                                                             19
                                                                              0
                                                                           6211
Offices of Physicians
                                                                              9
                                                                              9
                                                                              0
                                                                              0
                                                                              0
                                                                           6214
Outpatient Care Centers
                                                                              9
                                                                              5
                                                                              0
                                                                              0
                                                                              0
                                                                           6215
Medical and Diagnostic Laboratories
                                                                              9
                                                                              9
                                                                              0
                                                                              0
                                                                              0
                                                                           6219
Other Ambulatory Health Care Services
                                                                              9
                                                                              4
                                                                              4
                                                                              4
                                                                              0
                                                                           6221
General Medical and Surgical Hospitals
                                                                             10
                                                                              4
                                                                              0
                                                                              0
                                                                              0
                                                                           6222
Psychiatric and Substance Abuse Hospitals
                                                                             12
                                                                             12
                                                                              0
                                                                              0
                                                                              0
                                                                           6232
Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities
                                                                             15
                                                                             15
                                                                              0
                                                                              0
                                                                              0
                                                                           6241
Individual and Family Services
                                                                             51
                                                                             18
                                                                             10
                                                                              2
                                                                              0
                                                                           6243
Vocational Rehabilitation Services
                                                                             10
                                                                              1
                                                                              0
                                                                              0
                                                                              0
                                                                           7115
Independent Artists, Writers, and Performers
                                                                              3
                                                                              1
                                                                              0
                                                                              0
                                                                              0
                                                                           7121
Museums, Historical Sites, and Similar Institutions
                                                                            309
                                                                             50
                                                                             30
                                                                             21
                                                                              0
                                                                           7131
Amusement Parks and Arcades
                                                                              3
                                                                              3
                                                                              0
                                                                              0
                                                                              0
                                                                           7139
Other Amusement and Recreation Industries
                                                                          6,656
                                                                           1024
                                                                            619
                                                                            205
                                                                              9
                                                                           8111
Automotive Repair and Maintenance
                                                                          3,333
                                                                            553
                                                                            310
                                                                             72
                                                                              1
                                                                           8112
Electronic and Precision Equipment Repair and Maintenance
                                                                             29
                                                                             17
                                                                             17
                                                                             11
                                                                              0
                                                                           8113
Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
                                                                             79
                                                                             14
                                                                             10
                                                                              6
                                                                              0
                                                                           8114
Personal and Household Goods Repair and Maintenance
                                                                            953
                                                                            133
                                                                             71
                                                                             34
                                                                              1
                                                                           8122
Death Care Services
                                                                            145
                                                                             20
                                                                             11
                                                                              2
                                                                              0
                                                                           8131
Religious Organizations
                                                                             12
                                                                              3
                                                                              0
                                                                              0
                                                                              0
                                                                           8139
Business, Professional, Labor, Political, and Similar Organizations
                                                                            488
                                                                             72
                                                                             50
                                                                             28
                                                                              1
                                                                           9211
Executive, Legislative, and Other General Government Support
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                           9221
Justice, Public Order, and Safety Activities
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                           9231
Administration of Human Resource Programs
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                           9241
Administration of Environmental Quality Programs
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                           9251
Administration of Housing Programs, Urban Planning, and Community Development
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                           9261
Administration of Economic Programs
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                           9281
National Security and International Affairs
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                          Total
                                                                         44,144
                                                                          8,611
                                                                          5,302
                                                                          2,087
                                                                            137
1. "MRL" refers to "Medical Removal Level". OSHA's medical removal levels include  BLL >=50 ug/dL in Construction and BLL >=60 ug/dL in General Industry.

References
Adult Blood Lead Epidemiology and Surveillance (ABLES). (2018, May 11, 2018). "About ABLES."   Retrieved March 18, 2020, from https://www.cdc.gov/niosh/topics/ables/description.html.
Adult Blood Lead Epidemiology and Surveillance (ABLES) (2019). Elevated Blood Lead Levels (BLL) among Employed Adults - United States, 2016.
Adult Blood Lead Epidemiology and Surveillance (ABLES) (2020). Tables provided by Rebecca Tsai (NIOSH) to Matt LaPenta (Abt Associates).
Bureau of Labor Statistics (BLS) (2016). May 2016 Occupational Employment Statistics. OES Research Estimates by State and Industry. Sectors 48 & 49: Transportation and Warehousing.
California Department of Public Health (CDPH) (2020a). Table 1. Number of California Workers Tested in 2015-2018, by BLL Threshold and Industry.
California Department of Public Health (CDPH) (2020b). Table 2. Number of California Employers Testing BLLs from 2015-2018, by BLL Threshold and Industry.
Defence Manpower Data Center (DMDC) (2016). Military and Civilian Personnel by Service/Agency by State/Country. December 2016. Counts of Active Duty and Reserve Service Members and APF Civilians.
Payne, S., R. Jackson, et al. (2017). Blood Lead Levels in California Workers: Data Reported to the Occupational Blood Lead Registry, 2012-2014. Richmond, CA, California Department of Public Health, Occupational Health Branch.
U.S. Census Bureau (2017). 2016 Annual Survey of Public Employment and Payroll. State Government Employment and Payroll Data: March 2016. EP1600A2.
U.S. Census Bureau (2018). 2016 County Business Patterns. Geography Series: County Business Patterns. CB1600A11.


[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52220-52224]
[FR Doc No: 2014-20789]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2013-0624 FRL 9915-99-Region 6]

Texas: Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The State of Texas has applied to the Environmental Protection
Agency (EPA) for Final authorization of the changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
EPA has determined that these changes satisfy all requirements needed
to qualify for Final authorization, and is authorizing the State's
changes through this direct final action. The EPA is publishing this
rule to authorize the changes without a prior proposal because we
believe this action is not controversial and do not expect comments
that oppose it. Unless we receive written comments which oppose this
authorization during the comment period, the decision to authorize
Texas' changes to its hazardous waste program will take effect. If we
receive comments that oppose this action, we will publish a document in
the Federal Register withdrawing this rule before it takes effect, and
a separate document in the proposed rules section of this Federal
Register will serve as a proposal to authorize the changes.

DATES: This final authorization will become effective on November 3,
2014 unless the EPA receives adverse written comment by October 3,
2014. If the EPA receives such comment, it will publish a timely
withdrawal of this direct final rule in the Federal Register and inform
the public that this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier. Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or email. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to the EPA without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. You can view and
copy Texas' application and associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday through Friday at the following
locations: Texas Commission on Environmental Quality, (TCEQ) 12100 Park
S. Circle, Austin Texas 78753-3087,<PHONE_NUMBER> and EPA, Region 6,
1445 Ross Avenue, Dallas, Texas 75202-2733, phone number (214) 665-
8533. Interested persons wanting to examine these documents should make
an appointment with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division,<PHONE_NUMBER>, EPA Region
1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.

B. What decisions have we made in this rule?

    We conclude that the State of Texas' application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant the State of
Texas Final Authorization to operate its hazardous waste program with
the changes described in the authorization application. The State of
Texas has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that the
EPA promulgates under the authority of HSWA take effect in authorized
States before they are

authorized for the requirements. Thus, the EPA will implement those
requirements and prohibitions in Texas including issuing permits, until
the State is granted authorization to do so.

C. What is the effect of today's authorization decision?

    The effect of this decision is that a facility in the State of
Texas subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. The State of Texas has enforcement responsibilities
under its State hazardous waste program for violations of such program,
but the EPA retains its authority under RCRA sections 3007, 3008, 3013,
and 7003, which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses,
or reports;
     enforce RCRA requirements and suspend or revoke permits
and
     take enforcement actions after notice to and consultation
with the State.
    This action does not impose additional requirements on the
regulated community because the regulations for which the State of
Texas is being authorized by today's action are already effective under
State law, and are not changed by today's action.

D. Why wasn't there a proposed rule before today's rule?

    The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.

E. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.

F. For what has Texas previously been authorized?

    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). The
EPA incorporated by reference Texas' then authorized hazardous waste
program effective December 3, 1997 (62 FR 49163), November 15, 1999 (64
FR 49673), December 29, 2008 (73 FR 64252), March 7, 2011 (76 FR 12285)
effective May 6, 2011 and March 6, 2012 (77 FR 13200) effective May 7,
2012.
    On March 28, 2013, Texas submitted a final complete program
revision application, seeking authorization of its program revision in
accordance with 40 CFR 271.21. In 1991, Texas Senate Bill 2 created the
Texas Natural Resource Conservation Commission (TNRCC) which combined
the functions of the former Texas Water Commission and the former Texas
Air Control Board. The transfer of functions to the TNRCC from the two
agencies became effective on September 1, 1993. House Bill 2912,
Article 18 of the 77th Texas Legislature, 2001, changed the name of the
TNRCC to the Texas Commission on Environmental Quality (TCEQ) and
directed the TNRCC to adopt a timetable for phasing in the change of
the agency's name. The TNRCC decided to make the change of the agency's
name to the TCEQ effective September 1, 2002. The change of name became
effective September 1, 2002, and the legislative history of the name
change is documented at (See, Act of June 15, 2001, 77th Leg. R. S., Ch
965, Section 18.01, 2001 Tex. Gen. Laws 1985). The TCEQ may perform any
act authorized by law either as the TNRCC or as the TCEQ. Id.
Therefore, references to the TCEQ are references to TNRCC and to its
successor, the TCEQ.
    The TCEQ has primary responsibility for administration of laws and
regulations concerning hazardous waste. The official State regulations
may be found in Title 30, Texas Administrative Code, Chapters 305, 324
and 335, effective February 21, 2013. Some of the State rules
incorporate the Federal regulations by reference. Texas Water Code
Section 5.103 and Section 5.105 and Texas Health and Safety Code
Section 361.017 and Section 361.024 confer on the Texas Commission on
Environmental Quality the powers to perform any acts necessary and
convenient to the exercise of its jurisdiction. The TCEQ is authorized
to administer the RCRA program. However, the Railroad Commission (RRC)
has jurisdiction over the discharge, storage, handling, transportation,
reclamation, or disposal of waste materials (both hazardous and non-
hazardous) that result from the activities associated with the
exploration, development, or production of oil or gas or geothermal
resources and other activities regulated by the RRC. A list of
activities that generate wastes that are subject to the jurisdiction of
the RRC is found at Texas Health and Safety Code Section 401.415. Such
wastes are termed ``oil and gas wastes.'' The TCEQ has responsibility
to administer the RCRA program, however, hazardous waste generated at
natural gas or natural gas liquids processing plants or reservoir
pressure maintenance or repressurizing plants are subject to the
jurisdiction of the TCEQ until the RRC is authorized by EPA to
administer that waste under RCRA. The TCEQ jurisdiction over Solid
waste can be found at Chapter 361, Sections 361.001 through 361.754 of
the Texas Health and Safety Code. The TCEQ's jurisdiction encompasses
hazardous and nonhazardous, industrial and municipal Solid waste. The
definition of Solid waste can be found at Texas Health and Safety Code
Section 361.003(34). When the RRC is authorized by EPA to administer
the RCRA program for these wastes, jurisdiction over such hazardous
waste will transfer from the TCEQ to the RRC. The EPA has designated
the TCEQ as the lead agency to coordinate RCRA activities between the
two agencies. The EPA is responsible for the regulation of

any hazardous waste for which TCEQ has not been previously authorized.
    Further clarification of the jurisdiction between the TCEQ and the
RRC can be found in a separate document. This document, a Memorandum of
Understanding (MOU), became effective on May 31, 1998.
    The TCEQ has the rules necessary to implement EPA's RCRA Clusters
XIX through XXI excluding the Definition of Solid Waste (Checklist 219)
in RCRA Cluster XIX and Removal of ``Saccharin and Its Salts'' from the
Lists of Hazardous Generator Standards Technical Corrections (Checklist
225) also in RCRA Cluster XXI, because the TCEQ did not adopt these
rules. The State is also seeking authorization for Recycled Used Oil
Management Standards; Clarification (Checklist 203), Uniform Hazardous
Waste Manifest Rule (Checklist 207), Academic Laboratories Generator
Standards (Checklist 220), Organization for Economic Cooperation and
Development ((OECD) (Checklist 222)) Requirements, Hazardous Waste
Technical Corrections and Clarification (Checklist 223) and Academic
Laboratories Generator Standards Technical Corrections (Checklist 226).
The TCEQ authority includes changes to 30 Texas Administrative Code
Chapters 305, 324, and 335. The Commissioners adopted these rules on
January 29, 2013 and the rules became effective on February 21, 2013.
The TCEQ authority to incorporate Federal rules by reference can be
found at Texas Administrative Code 335 Sections 335.28, 335.29 and
335.31.

 G. What changes are we approving with today's action?

    On March 28, 2013, the State of Texas submitted a final complete
program application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make a direct final decision,
subject to receipt of written comments that oppose this action that the
State of Texas' hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization. The State of
Texas revisions consist of regulations which specifically govern
Federal Hazardous Waste revisions promulgated from July 30, 2003,
through December 20, 2010. The adoption for RCRA Clusters XIX through
XXI are Checklists 220, 222, 223, and 226. Also Checklists 203, 207 and
208 are included in the below chart.

------------------------------------------------------------------------
                                 Federal Register
    Description of federal        date and page
     requirement  (include         (and/or RCRA       Analogous state
    checklist , if         statutory            authority
           relevant)               authority )
------------------------------------------------------------------------
1. Recycled Used Oil            64 FR 44659-44665  Texas Water Code
 Management Standards;           July 30, 2003.     Annotated Sections
 Clarification. (Checklist                          5.103 and 5.105,
 203).                                              Texas Health &
                                                    Safety Code
                                                    Annotated Section
                                                    361.017 and 361.024;
                                                    30 Texas
                                                    Administrative Code,
                                                    Chapter 335.78(j),
                                                    224.1, 324.3 and
                                                    324.14 as amended
                                                    January 29, 2013
                                                    effective February
                                                    21, 2013.
2. Uniform Hazardous Waste      70 FR 10776-10825  Texas Water Code
 Manifest Rule. (Checklist       March 4, 2005.     Annotated Sections
 207).                                              5.103 and 5.105,
                                                    Texas Health &
                                                    Safety Code
                                                    Annotated Section
                                                    361.017 and 361.024;
                                                    30 Texas
                                                    Administrative Code,
                                                    Chapter 335.1(39),
                                                    335.1(95),
                                                    335.1(96),
                                                    335.10(a),
                                                    335.41(f)(2)(iii),
                                                    335.67, 335.67(b),
                                                    335.68, 335.69,
                                                    335.69(m),
                                                    335.76(d),
                                                    335.11(a),
                                                    335.12(a),
                                                    335.152(a)(4),
                                                    335.15(3), and
                                                    335.112(a)(4), as
                                                    amended January 29,
                                                    2013 effective
                                                    February 21, 2013.
3. Methods Innovation and SW-   70 FR 34538-34592  Texas Water Code
 846 Final Update IIIB.          June 14, 2005.     Annotated Sections
 (Checklist 208).                As amended         5.103 and 5.105,
                                 August 1, 2005;    Texas Health &
                                 70 FR 44150-       Safety Code
                                 44151.             Annotated Section
                                                    361.017 and 361.024;
                                                    30 Texas
                                                    Administrative Code,
                                                    Chapter 335.31, 4 as
                                                    amended 335.504(1),
                                                    335.504(3),
                                                    335.504(2),
                                                    335.29(1),
                                                    335.29(2),
                                                    335.152(a)(8),
                                                    335.175(c),
                                                    335.152(a)(17)(c),
                                                    335.152(a)(17),
                                                    335.152(a)(18),
                                                    335.152(a)(21),
                                                    335.152(a)(9),
                                                    335.125(d),
                                                    335.152(19),
                                                    335.221(a)(1),
                                                    335.221(a)(3),
                                                    335.221(a)(17),
                                                    335.221(a)(23),
                                                    335.221(a),
                                                    335.431(c)(1),
                                                    305.50(a)(4)(A),
                                                    305.172(2)(a)(iii)-(
                                                    iv), 324.1, 324.11,
                                                    324.12 and 324.13,
                                                    amended and
                                                    effective February
                                                    21, 2013.
4. Academic Laboratories        73 FR 72912-72960  Texas Water Code
 Generator Standards.            December 1, 2008.  Annotated Sections
 (Checklist 220).                                   5.103 and 5.105,
                                                    Texas Health &
                                                    Safety Code
                                                    Annotated Section
                                                    361.017 and 361.024;
                                                    30 Texas
                                                    Administrative Code,
                                                    Chapter
                                                    335.78(c)(6),
                                                    335.78(c)(7),
                                                    335.61(i) and
                                                    335.79, 335.61(i)
                                                    and 335.61(i)(1)-
                                                    (2), 335.61(i)(2),
                                                    and 335.79, as
                                                    amended January 29,
                                                    2013 effective
                                                    February 21, 2013.
5. OECD Requirements; Export    75 FR 1236-1262    Texas Water Code
 Shipments of Spend Lead-Acid    January 8, 2010.   Annotated Sections
 Batteries. (Checklist 222).                        5.103 and 5.105,
                                                    Texas Health &
                                                    Safety Code
                                                    Annotated Section
                                                    361.017 and 361.024;
                                                    30 Texas
                                                    Administrative Code,
                                                    Chapter 335.13(o),
                                                    335.13(k), 335.76,
                                                    335.24(c)(1)(A),
                                                    335.76(a),
                                                    335.76(f),
                                                    335.76(h),
                                                    335.11(e),
                                                    335.152(a)(1),
                                                    335.112(a)(1),
                                                    335.112(a)(4) and
                                                    335.71(d), as
                                                    amended January 29,
                                                    2013 effective
                                                    February 21, 2013.
6. Hazardous Waste Technical    75 FR 13009, 75    Texas Water Code
 Corrections and                 FR 31716-31717,    Annotated Sections
 Clarifications. (Checklist      March 18, 2010,    5.103 and 5.105,
 223).                           June 4, 2010.      Texas Health &
                                                    Safety Code
                                                    Annotated Section
                                                    361.017 and 361.024;
                                                    30 Texas
                                                    Administrative Code,
                                                    Chapter 335.504(1),
                                                    335.1(138)(A)(iv)
                                                    and
                                                    335.1(138(D)(iv),
                                                    335.504(2),
                                                    335.504(3),
                                                    335.61(e), 335.77,
                                                    335.62, 335.10(a),
                                                    335.69(a)(4)(B),
                                                    335.69(b),
                                                    335.69(d),
                                                    335.69(e),
                                                    335.69(f)(4)(C),
                                                    335.10(a), 335.2(o),
                                                    335.94,
                                                    335.152(a)(3),
                                                    335.153(2),
                                                    335.12(e),
                                                    335.12(c), 335.175,
                                                    335.152(a)(12),
                                                    335.152(a)(14),
                                                    335.112(a)(3),
                                                    335.113(2), 335.12,
                                                    335.125,
                                                    335.112(a)(13),
                                                    335.211(b),
                                                    335.211(b), 335.213,
                                                    335.241(d),
                                                    335.251(b)(1),
                                                    335.222(e)(1)(E),
                                                    335.431(c)(1), and
                                                    305.122(a), as
                                                    amended January 29,
                                                    2013 effective
                                                    February 21, 2013.

7. Academic Laboratories        75 FR 79304-79308  Texas Water Code
 Generator Standards Technical   December 20,       Annotated Sections
 Corrections. (Checklist 226).   2010.              5.103 and 5.105,
                                                    7.031, Texas Health
                                                    & Safety Code
                                                    Annotated Section
                                                    361.024, 361.082;
                                                    Texas Administrative
                                                    Code 335.79), as
                                                    amended January 29,
                                                    2013 effective
                                                    February 21, 2013.
------------------------------------------------------------------------

H. Where are the revised State Rules different from the Federal Rules?

    The State hazardous waste program is at least as equivalent to the
Federal program in all areas, except where the State program is more
stringent and broader in scope. The State's more stringent and broader
in scope provisions are listed in the State codification crosswalk
dated July 2009. Under RCRA title C provisions, the EPA cannot
authorize broader in scope provisions because the Agency cannot enforce
those regulations.

I. Who handles permits after the authorization takes effect?

    The State of Texas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Texas is
not yet authorized.

J. How does today's action affect Indian Country (18 U.S.C. 1151) in
Texas?

    The State of Texas Hazardous Program is not being authorized to
operate in Indian Country.

K. What is codification and is the EPA codifying Texas' hazardous waste
program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart SS for this authorization of Texas' program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register document.

L. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements under State law and does not impose
any additional enforceable duty beyond that required by State law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4). For the same reason, this action also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application; to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective November 3, 2014.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: August 5, 2014.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2014-20789 Filed 9-2-14; 8:45 am]
BILLING CODE 6560-50-P