[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Rules and Regulations]
[Pages 71344-71353]
[FR Doc No: 2012-28327]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2012-0473; FRL-9745-1]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: During a review of Texas' regulations, the EPA identified a
variety of State-initiated changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). We have determined
that these changes are minor and satisfy all requirements needed to
qualify for Final authorization and are authorizing the State-initiated
changes through this Direct Final action.
    The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of Texas' hazardous waste management
program and incorporates by reference authorized provisions of the
State's statutes and regulations.

DATES: This regulation is effective January 29, 2013, unless the EPA
receives adverse written comment on the codification of the Texas
authorized RCRA program by the close of business December 31, 2012. If
the EPA receives such comments, it will publish a timely withdrawal of
this direct final rule in the Federal Register informing the public
that this rule will not take effect. 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
January 29, 2013 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

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>or<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, or Julia Banks, Codification 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, or Julia
Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-
O), Multimedia Planning and Permitting Division, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733.

    Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2012-0473. EPA's policy is that all comments received will be included
in the public docket without change, including personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov, or email. The Federal http://www.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 http://www.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. (For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm).
    You can view and copy the documents that form the basis for this
authorization and codification and associated publicly available
materials from 8:30 a.m. to 4 p.m. Monday through Friday at the
following location: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, phone number:<PHONE_NUMBER> or<PHONE_NUMBER>. 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, or Julia Banks, Codification Coordinator,
State/Tribal Oversight Section (6PD-O), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, Phone number:<PHONE_NUMBER>, and Email address:
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes

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 hazardous waste program. As the Federal
program changes, the States must change their programs and ask the EPA
to authorize the changes. Changes to State hazardous waste 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. States can also initiate their own changes to their
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that Texas' revisions to its authorized program meet
all of the statutory and regulatory requirements established by RCRA.
We found that the State-initiated changes make Texas' rules more clear
or conform more closely to the Federal equivalents and are of such
nature that a formal application is unnecessary. Therefore, we grant
Texas final authorization to operate its hazardous waste program with
the changes described in the table at Section G below. Texas has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out all authorized aspects of the RCRA program, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, 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 this authorization decision?

    The effect of this decision is that a facility in 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. 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 regardless of whether the State
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the statutes and regulations for which
Texas is being authorized by this direct action are already effective
and are not changed by this action.

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

    The EPA did not publish a proposal before this 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 this Federal
Register, we are publishing a separate document that proposes to
authorize the State program changes.

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

    If the EPA receives comments that oppose this authorization or the
incorporation-by-reference of the State program, we will withdraw this
rule by publishing a timely 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, or the incorporation-by-
reference, on the proposal mentioned in the previous paragraph. We will
then address all public comments in a later final rule. If you want to
comment on this authorization and incorporation-by-reference, 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 or the incorporation-by-reference of the State program, we may
withdraw only that part of this rule, but the authorization of the
program changes or the incorporation-by-reference of the State program
that the comments do not oppose will become effective on the date
specified above.

The Federal Register withdrawal document will specify which part of the
authorization or incorporation-by-reference of the State program 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), July 13, 2009 (74 FR 22469), May 6,
2011 (76 FR 12283), and May 7, 2012 (77 FR 13200).

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table
which follows. These amendments clarify the State's regulations and
make the State's regulations more internally consistent. The State's
laws and regulations, as amended by these provisions, provide authority
which remains equivalent to, no less stringent than, and not broader in
scope than the Federal laws and regulations. These State-initiated
changes satisfy the requirements of 40 CFR 271.21(a). We are granting
Texas final authorization to carry out the following provisions of the
State's program in lieu of the Federal program. These provisions are
analogous to the indicated RCRA statutory provisions or RCRA
regulations found at 40 CFR as of July 1, 2008. The Texas provisions
are from the Texas Administrative Code (TAC), Title 30, effective
December 31, 2009.

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                                                  Analogous Federal
             State requirement                       requirement
------------------------------------------------------------------------
30 TAC 37.1...............................  Related to 264.140 and
                                             265.140.
30 TAC 37.21..............................  40 CFR 264.151 related.
30 TAC 37.31..............................  40 CFR parts 264 and 265,
                                             subpart H related.
30 TAC 37.41..............................  40 CFR 264.143/145(g);
                                             265.143/145(f).
30 TAC 37.51..............................  40 CFR 264.143/145(h);
                                             265.143/145(g).
30 TAC 37.52..............................  40 CFR 264.143/145(h)
                                             related; 265.143/145(g)
                                             related.
30 TAC 37.61..............................  40 CFR 264.143/145(i);
                                             265.143/145(h).
30 TAC 37.71..............................  40 CFR 264/265.148.
30 TAC 37.81..............................  40 CFR 264.143/145(i)
                                             related; 265.143/145(h)
                                             related.
30 TAC 37.100.............................  40 CFR 264/265.140
                                             (partial).
30 TAC 37.101.............................  40 CFR 264/265 subpart H
                                             related.
30 TAC 37.111.............................  40 CFR 264.143/145(i)
                                             related; 265.143/145(h)
                                             related.
30 TAC 37.121.............................  40 CFR 264/265.142(a)(2)
                                             related.
30 TAC 37.131.............................  40 CFR 264.142/144(b);
                                             265.142/144(b).
30 TAC 37.141.............................  40 CFR 264.142/144(c);
                                             265.142/144(c).
30 TAC 37.151.............................  40 CFR 264.142/144(c);
                                             265.142/144(c).
30 TAC 37.161.............................  40 CFR 264.143/145(b)(3),
                                             (c)(3) and (d)(3); 265.143/
                                             145(b)(3), (c)(3).
30 TAC 37.200.............................  40 CFR 264/265.140
                                             (partial).
30 TAC 37.201.............................  40 CFR 264.143/145(a);
                                             265.143/145(a).
30 TAC 37.211.............................  40 CFR 264.143/145(b);
                                             265.143/145(b).
30 TAC 37.221.............................  40 CFR 264.143/145(c).
30 TAC 37.231.............................  40 CFR 264.143/145(d);
                                             265.143/145(c).
30 TAC 37.241.............................  40 CFR 264.143/145(e);
                                             265.143/145(d).
30 TAC 37.251.............................  40 CFR 264.143/145(f);
                                             265.143/145(e).
30 TAC 37.261.............................  40 CFR 264.143(g)/145(f);
                                             265.143/145(e).
30 TAC 37.271.............................  40 CFR 264.143/145(f);
                                             265.143/145(e).
30 TAC 37.281.............................  40 CFR 264.143(g)/145(f);
                                             265.143/145(e).
30 TAC 37.301.............................  40 CFR 264.151(a).
30 TAC 37.321.............................  40 CFR 264.151(c).
30 TAC 37.331.............................  40 CFR 264.151(d).
30 TAC 37.341.............................  40 CFR 264.151(e).
30 TAC 37.361.............................  40 CFR 264.151(h).
30 TAC 37.371.............................  40 CFR 264.151(f).
30 TAC 37.381.............................  40 CFR 264.151(h).
30 TAC 37.400.............................  40 CFR 264/265.140
                                             (partial).
30 TAC 37.402.............................  40 CFR 264/265.141
                                             (partial).
30 TAC 37.404.............................  40 CFR 264/265.147(a) & (b).
30 TAC 37.411.............................  40 CFR 264/265.147(d).
30 TAC 37.501.............................  40 CFR 264/265.147(j).
30 TAC 37.511.............................  40 CFR 264/265.147(i).
30 TAC 37.521.............................  40 CFR 264/265.147(h).
30 TAC 37.531.............................  40 CFR 264/265.147(k).
30 TAC 37.541.............................  40 CFR 264/265.147(f).
30 TAC 37.551.............................  40 CFR 264/265.147(g).
30 TAC 37.601.............................  40 CFR 264.151(m).
30 TAC 37.631.............................  40 CFR 264.151(j).
30 TAC 37.641.............................  40 CFR 264.151(i).
30 TAC 37.661.............................  40 CFR 264.151(h).
30 TAC 37.671.............................  40 CFR 264.151(n).
30 TAC 281.17(f)..........................  40 CFR 270.10(c) related; no
                                             direct Federal analog.
30 TAC 305.29.............................  40 CFR 270.61 related; no
                                             direct Federal analog.
30 TAC 305.50(a)(4)(B)....................  40 CFR 270.14(b)(15).
30 TAC 305.50(a)(4)(C)....................  40 CFR 270.14 related; no
                                             direct Federal analog.
30 TAC 305.50(a)(4)(D)....................  40 CFR 270.14(b)(11)(ii)(A).
30 TAC 305.62(c), except for language       40 CFR 270.42.
 regarding TPDES permits.
30 TAC 305.69(b)(1) introductory paragraph  40 CFR 270.42(a)(1) intro.
30 TAC 305.69(b)(1)(A), except for          40 CFR 270.42(a)(1)(i).
 language regarding injection wells,
 radioactive materials and application
 fees.
30 TAC 305.69(b)(1)(B)....................  40 CFR 270.42(a)(1)(ii).
30 TAC 305.69(b)(2).......................  40 CFR 270.42(a)(2).
30 TAC 305.69(c)(1) introductory paragraph  40 CFR 270.42(b)(1) intro.
30 TAC 305.69(c)(1)(D)....................  40 CFR 270.42(b)(1)(iv).
30 TAC 305.69(c)(2) introductory paragraph  40 CFR 270.42(b)(2) intro.
30 TAC 305.69(c)(6) introductory            40 CFR 270.42(b)(6)(i)
 paragraph--(6)(C).                          intro--(6)(i)(C).

30 TAC 305.69(c)(6)(D) introductory         40 CFR 270.42(b)(6)(i)(D).
 paragraph--(D)(ii).
30 TAC 305.69(c)(6)(E)....................  40 CFR 270.42(b)(6)(i)(E).
30 TAC 305.69(c)(7) introductory            40 CFR 270.42(b)(6)(ii)
 paragraph--(7)(C).                          intro--(C).
30 TAC 305.69(c)(7)(D)....................  40 CFR 270.42(b)(6)(ii)(D).
30 TAC 305.69(c)(8).......................  40 CFR 270.42(b)(6)(iii).
30 TAC 305.69(c)(9).......................  40 CFR 270.42(b)(6)(iv)(A).
30 TAC 305.69(c)(12)......................  40 CFR 270.42(b)(6)(vi).
30 TAC 305.69(d)(1) introductory paragraph  40 CFR 270.42(c)(1) intro.
30 TAC 305.69(d)(1)(D)....................  40 CFR 270.42(c)(1)(iv).
30 TAC 305.69(d)(2) introductory paragraph  40 CFR 270.42(c)(2) intro.
30 TAC 305.69(d)(2)(A)....................  40 CFR 270.42(c)(2)(i).
30 TAC 305.69(d)(6).......................  40 CFR 270.42(c)(6).
30 TAC 305.69(e)..........................  40 CFR 270.42(d).
30 TAC 305.69(f)(1) introductory            40 CFR 270.42(e)(1).
 paragraph--(f)(1)(B).
30 TAC 305.69(f)(4).......................  40 CFR 270.42(e)(2)(iii).
30 TAC 305.69(g)..........................  40 CFR 270.42(f).
30 TAC 305.125(6).........................  40 CFR 270.30(h).
30 TAC 305.125(13)........................  40 CFR 270.30 related; no
                                             direct Federal analog.
30 TAC 305.146 introductory paragraph and   40 CFR 264.72(b) related.
 305.146(1) in the 1/1/97 regulations
 [Removed.].
30 TAC 305.401, except ``Sec.   55.21 of    40 CFR 270.30 related; no
 this title (relating to Requests for        direct Federal analog.
 Contested Case Hearings, Public
 Comment)'' at 305.401(b), and 305.401(c)
 & (g).
335.1 introductory paragraph..............  40 CFR 260.10 intro.
335.41(c).................................  40 CFR 264.1(e);
                                             265.1(c)(3).
335.41(i).................................  40 CFR 264.1(d).
335.43(a).................................  40 CFR 270.1(b) related.
335.43(b)-(d) [No longer in state's code].  40 CFR 270.73(f), (g);
                                             270.70(a) & (c), 270.10(e)
                                             Note: The 335.43(b)-(d)
                                             provisions have been
                                             incorporated into the
                                             authorized provisions at
                                             335.2.
335.44....................................  40 CFR 270.10(e) related,
                                             270.13 related.
                                            40 CFR 270.70(a)(2) related;
                                             no direct Federal analog.
335.47(c)-(d), except 335.47(c)(3)........  40 CFR 270.60(b)-(c), except
                                             270.60(b)(3).
335.69(a) introductory paragraph (except    40 CFR 262.34(a) intro.
 ``and (n)'').
335.112(b)(4)(I) & (J)....................  40 CFR 265 related; no
                                             direct Federal analog.
335.112(b)(4)(M)..........................  40 CFR 265 related; no
                                             direct Federal analog.
30 TAC 335.128............................  40 CFR 265 subpart H
                                             related; no direct Federal
                                             analog.
335.167(b)................................  40 CFR 264.101(b).
335.167(d)................................  40 CFR 264.101(d).
------------------------------------------------------------------------

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and
those permits issued by the EPA because no new substantive requirements
are a part of these revisions.

I. How does this action affect Indian Country (18 U.S.C. 1151) in
Texas?

    Texas is not authorized to carry out its Hazardous Waste Program in
Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian Country.

II. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.

B. What is the history of the codification of Texas' hazardous waste
management program?

    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), and May 6, 2011
(76 FR 12283). In this action, EPA is revising Subpart SS of 40 CFR
part 272 to include the recent authorization revision actions effective
May 7, 2012 (77 FR 13200).

C. What codification decisions have we made in this rule?

    The purpose of this Federal Register document is to codify Texas'
base hazardous waste management program and its revisions to that
program. The EPA provided notices and opportunity for comments on the
Agency's decisions to authorize the Texas program, and the EPA is not
now reopening the decisions, nor requesting comments, on the Texas
authorizations as published in the Federal Register notices specified
in Section F of this document.
    This document incorporates by reference Texas' hazardous waste
statutes and regulations and clarifies which of these provisions are
included in the authorized and Federally enforceable program. By
codifying Texas' authorized program and by amending the Code of Federal
Regulations, the public will be more easily able to discern the status
of Federally approved requirements of the Texas hazardous waste
management program.
    The EPA is incorporating by reference the Texas authorized
hazardous waste program in subpart SS of 40 CFR part 272. Section
272.2201 incorporates by reference Texas' authorized hazardous waste
statutes and regulations. Section 272.2201 also references the
statutory provisions (including procedural and enforcement provisions)
which provide the legal basis for the State's implementation of the
hazardous waste management program, the Memorandum of Agreement, the
Attorney General's Statements and the Program Description, which are
approved as part of the hazardous waste management program under
Subtitle C of RCRA.

D. What is the effect of Texas' codification on enforcement?

    The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement

actions and to issue orders in authorized States. With respect to these
actions, the EPA will rely on Federal sanctions, Federal inspection
authorities, and Federal procedures rather than any authorized State
analogues to these provisions. Therefore, the EPA is not incorporating
by reference such particular, approved Texas procedural and enforcement
authorities. Section 272.2201(c)(2) of 40 CFR lists the statutory and
regulatory provisions which provide the legal basis for the State's
implementation of the hazardous waste management program, as well as
those procedural and enforcement authorities that are part of the
State's approved program, but these are not incorporated by reference.

E. What State provisions are not part of the codification?

    The public needs to be aware that some provisions of Texas'
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules for which Texas is not authorized, but which have
been incorporated into the State regulations because of the way the
State adopted Federal regulations by reference;
    (3) Unauthorized amendments to authorized State provisions; and
    (4) New unauthorized State requirements.
    State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.2201(c)(3) lists
the Texas regulatory provisions which are ``broader in scope'' than the
Federal program and which are not part of the authorized program being
incorporated by reference. ``Broader in scope'' provisions cannot be
enforced by the EPA; the State, however, may enforce such provisions
under State law.
    Texas has adopted but is not authorized for the following Federal
rules published in the Federal Register on April 12, 1996 (61 FR
16290); December 5, 1997 (62 FR 64504); June 8, 2000 (65 FR 36365);
March 4, 2005 (70 FR 10776), as amended June 16, 2005 (70 FR 35034).
Therefore, these Federal amendments included in Texas' adoption by
reference at 30 Texas Administrative Code (TAC) sections 335.112(a)(1)
and (a)(4), 335.152(a)(1) and (a)(4), and 335.431(c)(1) and (c)(3), are
not part of the State's authorized program and are not part of the
incorporation by reference addressed by this Federal Register document.
    Additionally, Texas' hazardous waste regulations include amendments
which have not been authorized by the EPA. Since the EPA cannot enforce
a State's requirements which have not been reviewed and authorized in
accordance with RCRA section 3006 and 40 CFR part 271, it is important
to be precise in delineating the scope of a State's authorized
hazardous waste program. Regulatory provisions that have not been
authorized by the EPA include amendments to previously authorized State
regulations as well as new State requirements.
    In those instances where Texas has made unauthorized amendments to
previously authorized sections of State code, the EPA is identifying in
40 CFR 272.2201(c)(4) any regulations which, while adopted by the State
and incorporated by reference, include language not authorized by the
EPA. Those unauthorized portions of the State regulations are not
Federally enforceable. Thus, notwithstanding the language in Texas
hazardous waste regulations incorporated by reference at 40 CFR
272.2201(c)(1), the EPA will only enforce those portions of the State
regulations that are actually authorized by the EPA. For the
convenience of the regulated community, the actual State regulatory
text authorized by the EPA for the citations listed at 40 CFR
272.2201(c)(4) (i.e., without the unauthorized amendments) is compiled
as a separate document, Addendum to the EPA Approved Texas Regulatory
Requirements Applicable to the Hazardous Waste Management Program, July
2009. This document is available from EPA Region 6, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, Phone number:<PHONE_NUMBER>.
    State regulations that are not incorporated by reference in this
rule at 40 CFR 272.2201(c)(1), or that are not listed in 40 CFR
272.2201(c)(3) (``broader in scope'') or 40 CFR 272.2201(c)(4)
(``unauthorized amendments to authorized State provisions''), are
considered new unauthorized State requirements. These requirements are
not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.

Statutory and Executive Order Reviews

    The Office of Management and Budget 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
rule incorporated by reference Texas' authorized hazardous waste
management regulations, and imposes no additional requirements beyond
those imposed by State law. This final 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.). Incorporation by reference will not impose any
new burdens on small entities. 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 rule merely incorporates by reference certain
existing State hazardous waste management program requirements which
the EPA already approves under 40 CFR part 271, 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).
    This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing State hazardous waste management program requirements without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also does not have
Tribal implications within the meaning of Executive Order 13175 (65 FR
67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply
Distribution or Use'' (66 FR 28344, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a State's application for
incorporation by reference 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 incorporation by reference
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) do not apply. The final rule does not include environmental
justice issues that require consideration under Executive Order 12898
(59 FR 7629, February 16, 1994). 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. 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 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 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 January 29, 2013.

List of Subjects

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.

40 CFR Part 272

    Hazardous materials transportation, Hazardous waste, Incorporation
by reference, Intergovernmental relations, Water pollution control,
Water supply.

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

    Dated: October 11, 2012.
Samuel Coleman,
 Acting 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 part 271 to the State of Texas for 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) 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 (76
FR 12283), May 7, 2012 (77 FR 13200), and January 29, 2013.
    (b) 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) 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.
Copies of the Texas regulations that are incorporated by reference in
this paragraph are available from West Group, 610 Opperman Drive,
Eagan, 55123, Attention: Order Entry; Phone: 1-800-328-9352; Web site:
http://west.thomson.com. You may inspect a copy at EPA Region 6
Library, 12th Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone
number:<PHONE_NUMBER>, or at the National Archives

and Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved Texas Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated May 2012.
    (ii) [Reserved]
    (2) 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);
Chapter 361, The Texas Solid Waste Disposal Act, 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, 361.833,
361.084, 361.085, 361.0861(c), 361.0871(b), 361.088, 361.0885, 361.089,
361.090, 361.095(b)-(f), 361.096, 361.097, 361.098, 361.099(a),
361.100, 361.101, 361.102 through 361.109, 361.113, 361.114, 361.116,
361.271 through 361.275, 361.278, 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 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), Texas Codes Annotated, as amended
effective September 1, 2009: 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, 27.018 and 27.019.
    (iii) Texas Government Code as amended effective September 1, 2009,
section 311.027.
    (iv) Texas Rules of Civil Procedure, as amended effective September
1, 2009, Rule 60.
    (v) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1994, as amended, effective through January 1, 1994: Chapter
305, sections 305.91 through 305.93, 305.98, and 305.99.
    (vi) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1997, as amended, effective through January 1, 1997: Chapter
281, sections 281.17(f); Chapter 305, sections 305.29(b) through (d),
305.94 and 305.95, 305.97, 305.100, 305.101 (except 305.101(c)),
305.102, 305.103, and 305.105.
    (vii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2010, as amended, effective through December 31, 2009: 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, 39.503 (except the reference to 39.405(h)
in (d) introductory paragraph and (g)), and 39.801 through 39.810;
Chapter 50, sections 50.13, 50.19, 50.39, 50.113 (except (d)),
50.117(f), 50.119, 50.133, and 50.139; 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) through (f)), 55.201 (except as applicable to contested
case hearings), and 55.211 (except as applicable to contested case
hearings); Chapter 70, section 70.10; 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)'', the phrase ``radioactive material'', and the phrase
``subsurface area drip dispersal systems''), 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 30 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 the phrase ``and the Texas
Radiation Control Act * * * Chapter 401.'', the acronym ``TRCA'', and
the phrase ``subsurface area drip dispersal systems''), 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; 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 401
* * * regulation)'' and ``and 32''), 305.125(1) and (3), 305.125(20),
305.127(1)(B)(i), 305.127(4)(A) and (C), and (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 Chapter
335, sections 335.2(b), 335.43(b), 335.206, 335.391 through 335.393.
    (3) 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, sections 361.131
through 361.140; Chapter 371, Texas 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, 2010, as amended, effective through December 31, 2009: 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, May,
2012. Copies of the document can be obtained from U.S. EPA Region 6,
1445 Ross Avenue, Suite 1200, Dallas, TX 75202.

------------------------------------------------------------------------
                                                 Unauthorized State
                                Effective            amendments
State provision (December 31,    date of   -----------------------------
  2009, except as indicated)    authorized   Texas register   Effective
                                provision      reference         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              7/29/92  17 TexReg 8010.     11/27/92
 paragraph.
                                            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
335.10(b)(22) (December 31,        7/27/88  17 TexReg 8010.     11/27/92
 2001).
335.24(b) introductory              3/1/96  21 TexReg 10983     11/20/96
 paragraph.                                 23 TexReg 10878     10/19/98
335.24(c) introductory              3/1/96  21 TexReg 10983     11/20/96
 paragraph.                                 23 TexReg 10878     10/19/98
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) Additionally 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.

----------------------------------------------------------------------------------------------------------------
           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).
Clarification of Standards for Hazardous   62 FR 64504.................  December 5, 1997.
 Waste LDR Treatment Variances (SWA)
 (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).
Modification of the Hazardous Waste        70 FR 10776.................  March 4, 2005.
 Manifest System (HSWA and Non-HSWA)       70 FR 35034.................  June 16, 2005.
 (Checklist 207).
Methods Innovation Rule and SW-846 Update  70 FR 34538.................  June 14, 2005.
 IIIB (HSWA and Non-HSWA) (Checklist 208). 70 FR 44150.................  August 1, 2005.
----------------------------------------------------------------------------------------------------------------

     (iii) Texas has chosen not to adopt, and is not authorized to
implement, the following optional Federal rules:

----------------------------------------------------------------------------------------------------------------
           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).
Hazardous Waste Management System;         68 FR 44659.................  July 30, 2003.
 Identification and Listing of Hazardous
 Waste; Recycled Used Oil Management
 Standards (Non-HSWA) (Checklist 203).
National Environmental Performance Track   69 FR 21737.................  April 22, 2004.
 Program (Non-HSWA) (Checklist 204).       69 FR 62217.................  October 25, 2004.

NESHAP: Surface Coating of Automobiles     69 FR 22601.................  April 26, 2004.
 and Light-Duty Trucks (Non-HSWA)
 (Checklist 205).
----------------------------------------------------------------------------------------------------------------

     (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the State of Texas, 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, is
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (6) 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, and December 6, 2011 are referenced as
part of the authorized hazardous waste management program under
Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.

0
3. Appendix A to part 272 is amended by revising the listing for
``Texas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Texas

    The statutory provisions include:
    Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010):
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003
(except (3), (4), (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
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 West Group, 610 Opperman Drive, Eagan, 55123,
ATTENTION: Order Entry; Phone: 1-800-328-9352; Web site: http://west.thomson.com.
    The regulatory provisions include:
    Texas Administrative Code, (TAC), Title 30, Environmental
Quality, 2010, as amended, effective through December 31, 2009.
Please note that the 2010 TAC, Title 30 is the most recent version
of the Texas authorized hazardous waste regulations. For a few
provisions, the authorized version is found in the TAC, Title 30,
Environmental Quality dated January 1, 1994, January 1, 1997,
December 31, 1999, December 31, 2001, or December 31, 2007. Texas
made subsequent changes to these provisions but these changes have
not been authorized by EPA. The provisions from earlier sets of
regulations are noted below.
    Chapter 3, Section 3.2(25) ``Person''; Chapter 20, Section
20.15; Chapter 35, Section 35.402(e); Chapter 37, Sections 37.1,
37.11 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,
36.601 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
Chapter 401, 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), and (40)-(42); 305.3;
    Chapter 305, Subchapter C--Application for Permit, 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--(a)(3) (except
the last two sentences in 305.50(a)(2)); 305.50(a)(4) introductory
paragraph through 305.50(a)(4)(D); 305.50(a)(4)(G); 305.50(a)(5)-(8)
and (13)-(16); 305.50(b); 305.51;
    Chapter 305, Subchapter D--Amendments, Modifications, Renewals,
Transfers, Corrections, Revocations, 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 phrase in the fifth sentence ``If the
permittee requests a modification of a municipal solid waste permit
* * * Sec.  305.70 of this title.''); 305.62(b); 305.62(c)
introductory paragraph (except the phrase ``other than * * *
subsection (i) of this section''); 305.62(c)(1); 305.62(c)(2)
introductory paragraph; 305.62(c)(2)(A) (except the phrase ``except
for Texas Pollutant Discharge Elimination System (TPDES) permits,
''); 305.62(c)(2)(B) (except the phrase ``except for TPDES permits,
''); 305.62(d) (except (d)(6)); 305.62(e)-(h); 305.63(a)
introductory paragraph; 305.63(a)(1) and (2); 305.63(a)(3) (except
last sentence); 305.63(a)(4)-(6); 305.64(a); 305.64(b) (except
(b)(4) and (b)(5)); 305.64(c); 305.64(e); 305.64(g); 305.66(a)
(except (a)(7)-(a)(9)); 305.66(d); 305.67(a) and (b); 305.69(a);
305.69(b) (except for ``Additional Contents of Application for an
Injection Well Permit'' and ``Waste Containing Radioactive
Materials; and Application Fee'' at (b)(1)(A)); 305.69(c)-(k)
(except (k) A.8-A.10);
    Chapter 305, Subchapter F--Permit Characteristics and
Conditions, Sections 305.121 (except the phrases ``radioactive
material disposal'' and ``subsurface area drip dispersal systems'');
305.122(a)-(c); 305.124; 305.125 introductory paragraph; 305.125(2)
and (4); 305.125(5) (except the last two sentences); 305.125(6);
305.125(7) and (8); 305.125(9) (except (9)(C)); 305.125(10) (except
the phrase ``and 32''); 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); 305.125(13);
305.125(14)-(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, 305.172 (except (2)(A)(iii) & (iv));
305.172(2)(A)(iii) & (iv) (December 31, 2007); 305.173 through
305.175;
    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--Used Oil, Sections 324.1 through 324.2(6); 324.2
``Secondary containment'' (January 1, 1997); 324.2(8) and (9); 324.3
(except 324.3(5)); 324.4; 324.6; 324.7; 324.11 through 324.14;
324.15 (January 1, 1997); 324.16; 324.21;
    Chapter 335, Subchapter A--Industrial Solid Waste and Municipal
Hazardous Waste in General, Sections 335.1 introductory paragraph;
335.1(1)-(4), (6)-(12), (16)-(18), (22), (23), (25)-(29), (32),
(34)-(37); 335.1(32) ``Designated facility'' (December 31, 2001);
335.1(40)-(46), (47) (except for the phrase ``or is used for
neutralizing the pH of non-hazardous industrial solid waste''),
(48)-(50), (52)-(57), (59)-(66), (69)-(78), (80)-(87), (88)-(91)
(except the phrase ``solid waste or'' in each subsection), (92),
(93)-(94) (except the

phrase ``solid waste or'' in both subsections); 335.1(86)
``Manifest'' and (87) ``Manifest document number'' (December 31,
2001); 335.1(97), (98), (99) (except the phrase ``solid waste or''),
(100)-(113), (115) (except the phrase ``solid waste or''), (116),
(121), (122) (except the phrase ``solid waste or''), (123)-(126),
(128), (130)-(134), (136), (137), (138)(A)-(G) (except the phrase
``Except for materials described in subparagraph (H) of this
paragraph.'' at (138)(D) and (G) introductory paragraphs), (138)(I)
and (J), (139), (141)-(151) (except the phrase ``solid waste or'' at
(144), (147) and (149)), (152) (except the phrase ``or industrial
solid''), (153), (154), (155) and (156) (except the phrase ``or
industrial solid'' in both subsections), (158)-(160), (161) (except
the phrase ``solid waste or''), (162)-(167), (168) (except the
phrase ``or industrial solid''), (169), (170), and (171) (except the
phrase ``solid waste or''); 335.2(a) and (c); 335.2(e)-(g);
335.2(i), (j), (l), and (m); 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)-
(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) introductory paragraph and (a)(1) (except references to
``class 1 wastes'') (January 1, 1994); 335.10(a)(3) (except the
phrase ``, unless the generator is identified in paragraph (2) of
this section'') (December 31, 2001); 335.10(a)(4) (December 31,
2001); 335.10(a)(6); 335.10(b) (except 335.10(b)(5), (8), and (18))
(December 31, 2001); 335.10(b)(5), (8), and (18) (January 1, 1994);
335.10(c) (except the phrase ``the United States customs
official,'') (December 31, 2001); 335.10(d) and (e) (December 31,
2001); 335.10(f); 335.11 (except (d)) (December 31, 2001); 335.12
(except (a)(5) and (d)) (December 31, 2001); 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); 335.14; 335.15
introductory paragraph (January 1, 1994); 335.15(1); 335.17(a);
335.18(a); 335.19 (except (d)); 335.20 through 335.22; 335.23
(except (2)); 335.23(2) (January 1, 1994); 335.24(a)-(f); 335.24(m)
and (n); 335.29 introductory paragraph through 335.29(3) (December
31, 2001); 335.29(a)(2)-(4); 335.30; 335.31;
    Chapter 335, Subchapter B--Hazardous Waste Management General
Provisions, Sections 335.41(a)-(c); 335.41(d) (except (d)(1) and
(d)(5)-(8)); 335.41(d)(1) (December 31, 2001); 335.41(e); 335.41(f)
(except (f)(2)(A)(iii)); 335.41(f)(2)(A)(iii) (December 31, 2001);
335.41(g)-(j); 335.43(a); 335.44; 335.45; 335.47 (except 335.47(b)
and the 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; 335.66; 335.67 and 335.68 (December 31, 2001); 335.69
(except ``and (n)'' in the introductory paragraph of (a), (i), and
(m)); 335.70; 335.71 (January 1, 1994); 335.73 through 335.75;
335.76 (except 335.76(d) and (h)); 335.76(d) (December 31, 2001);
335.77; 335.78 (except (b), (d)(2), (e) introductory paragraph,
(f)(2), and (g)(2)); 335.78(b), (e) introductory paragraph, (f)(2),
and (g)(2) (January 1, 1997);
    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 (except the
phrase ``owned or operated by a registered transporter'' in (a)
introductory paragraph);
    Chapter 335, Subchapter E--Interim Standards for Owners and
Operators of Hazardous Waste Storage, Processing, or Disposal
Facilities, Sections 335.111; 335.112(a) (except (a)(17));
335.112(b) (except (b)(7)); 335.112(c); 335.113; 335.115 through
335.128;
    Chapter 335, Subchapter F--Permitting Standards for Owners and
Operators of Hazardous Waste Storage, Processing, or Disposal
Facilities, Sections 335.151; 335.152(a) and (b); 335.152(c) (except
(c)(5)-(7)); 335.152(d); 335.153; 335.154 (January 1, 1997); 335.155
through 335.179;
    Chapter 335, Subchapter G--Location Standards for Hazardous
Waste Storage, Processing, or Disposal, Sections 335.201(a) (except
(a)(3)); 335.201(c); 335.202 introductory paragraph; 335.202(2),
(4), (9)-(11), (13), (15)-(18); 335.203; 335.204(a) introductory
paragraph--(a)(5); 335.204(b)(1)-(6); 335.204(c)(1)-(5);
335.204(d)(1)-(5); 335.204(e) introductory paragraph; 335.204(e)(1)
introductory paragraph (except the phrase ``Except as * * * (B) of
this paragraph,'' and the word ``event'' at the end of the
paragraph); 335.204(e)(2)-(7); 335.204(f); 335.205(a) introductory
paragraph--(a)(2) and (e);
    Chapter 335, Subchapter H--Standards for the Management of
Specific Wastes and Specific Types of Facilities, Sections 335.211;
335.212; 335.213 (January 1, 1997); 335.214; 335.221 through
335.225; 335.241 (except (b)(4) and (d)); 335.241(d) (January 1,
1997); 335.251; 335.261 (except (e)); 335.271; 335.272;
    Chapter 335, Subchapter O--Land Disposal Restrictions, Section
335.431;
    Chapter 335, Subchapter R--Waste Classification, Sections
335.504 introductory paragraph--(3); 335.504(4) (December 31, 1999);
    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 West Group, 610 Opperman Drive, Eagan,
55123, ATTENTION: Order Entry; Phone: 1-800-328-9352; Web site:
http://west.thomson.com.
* * * * *
[FR Doc. 2012-28327 Filed 11-29-12; 8:45 am]
BILLING CODE 6560-50-P