[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Proposed Rules]
[Pages 53595-53603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22998]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2016-0549; FRL-9984-37--Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: During a review of Texas' regulations, the Environmental 
Protection Agency (EPA) identified State-initiated changes to its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA). The EPA has determined that these changes are minor and 
satisfy all requirements needed to qualify for Final authorization and 
is proposing to authorize the State-initiated changes. This rule also 
proposes to codify in the regulations the prior approval of Texas' 
hazardous waste management program and incorporate by reference 
authorized provisions of the State's statutes and regulations.

DATES: Comments on this proposed rule must be received by November 23, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2016-0549, 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 protected].
    3. Fax: (214) 665-6762 (prior to faxing, please notify Alima 
Patterson at (214) 665-8533).
    4. Mail: Alima Patterson, EPA Region 6, Regional Authorization/
Codification Coordinator, RCRA Permit Section (6MM-RP), Multimedia 
Division, EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 
75202-2733.
    5. Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, EPA Region 6, Regional Authorization/Codification 
Coordinator, RCRA Permit Section (6MM-RP), Multimedia Division, EPA 
Region 6, 1445, Suite 1200, Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be 
Confidential Business Information (CBI) or otherwise protected through 
http://www.regulations.gov, or email. Direct your comments to Docket ID 
No. EPA-R06-RCRA-2016-0549. The Federal http://www.regulations.gov 
website 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.

[[Page 53596]]

    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, Suite 1200, 
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, EPA Region 6 Regional 
Authorization/Codification Coordinator, RCRA Permit Section (6MM-RP), 
Multimedia Division, EPA Region 6, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733, Phone number: (214) 665-8533, and Email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Solid Waste Disposal Act, as amended, commonly referred to as 
the Resource Conservation and Recovery Act (RCRA), allows the 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 EPA is proposing to authorize the State-initiated changes and 
incorporate by reference the State's hazardous waste program.

II. 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 have reviewed Texas' State-initiated changes and have made a 
tentative decision that Texas' revisions to its authorized program meet 
all the statutory and regulatory requirements established by RCRA. We 
found that the State-initiated changes make Texas' rules clearer or 
conform more closely to the Federal equivalents and are so minor in 
nature that a formal application is unnecessary. Therefore, we propose 
to grant Texas final authorization to operate its hazardous waste 
program with the changes described in the table at Section F below. 
Texas continues to have 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 proposed authorization decision?

    If Texas is authorized for these changes, a facility in Texas 
subject to RCRA will now have to comply with the authorized State 
requirements instead of the equivalent Federal requirements to comply 
with RCRA. Texas continues to have 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:
     Conduct 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.
    The action to approve these State-initiated changes would not 
impose additional requirements on the regulated community because the 
statutes and regulations for which the EPA proposes to authorize Texas 
are already effective and are not changed by the act of authorization.

D. What happens if EPA receives comments on this action?

    If the EPA receives comments on the proposed authorization of the 
State-initiated changes, we will address those comments in our final 
action. You may not have another opportunity to comment. If you want to 
comment on this proposed authorization, you must do so at this time.
    In addition to the proposed authorization of the State-initiated 
changes described above in this document, EPA proposes to codify Texas' 
base hazardous waste management program and its revisions to that 
program. The EPA has already provided notices and opportunity for 
comments on the Agency's decisions to authorize certain provisions of 
the Texas RCRA program, and the EPA is not now reopening those 
decisions, nor requesting comments, on the Texas authorization as 
published in the Federal Register documents specified in Section II.E. 
of this preamble.

E. For what has Texas previously been authorized?

    The State of Texas initially received final authorization on 
December 12, 1984, effective 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). We granted authorization for changes to their program on 
January 31, 1986 (51 FR 3952), effective October 4, 1985; December 18, 
1986 (51 FR 45320), effective February 17, 1987; March 1, 1990 (55 FR 
7318), effective March 15, 1990; May 24, 1990 (55 FR 21383), effective 
July 23, 1990; August 22, 1991 (56 FR 41626), effective October 21, 
1991; October 5, 1992 (57 FR 45719), effective December 4, 1992; April 
11, 1994 (59 FR 16987), effective June 27, 1994; April 12, 1994 (59 FR 
17273), effective June 27, 1994; September 12, 1997 (62 FR 47947), 
effective November 26, 1997; September 19, 1997 (62 FR 49163), 
effective December 3, 1997; August 18, 1999 (64 FR 44836), effective 
October 18, 1999; September 14, 1999 (64 FR 49673), effective November 
15, 1999; July 13, 2000 (65 FR 43246), effective September 11, 2000; 
June 14, 2005 (70 FR 34371), effective June 14, 2005; October 29, 2008 
(73 FR 64252), effective December 29, 2008; May 13, 2009 (74 FR 22469), 
effective July 13, 2009; March 7, 2011 (76 FR 12283), effective May 6, 
2011; March 6, 2012 (77 FR 13200), effective May 7, 2012;

[[Page 53597]]

November 30, 2012 (77 FR 71344), effective January 29, 2013; September 
3, 2014 (79 FR 52220), effective November 3, 2014; October 21, 2015 (80 
FR 63691), effective December 21, 2015; and December 28, 2015 (80 FR 
80672), effective February 26, 2016.

F. What changes are we proposing to authorize with this action?

    The State has made amendments to Title 30, Texas Administrative 
Code, sections 335.155(1) and 335.261(b)(15), analogous to 40 CFR 
264.77(a) and 273.8(a)(2), respectively. 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, and no less 
stringent than the Federal laws and regulations. These State-initiated 
changes satisfy the requirements of 40 CFR 271.21(a). We are now 
proposing to grant Texas final authorization to carry out the listed 
provisions of the State's program in lieu of the Federal program. These 
provisions are analogous to the indicated RCRA regulations found at 40 
CFR as of January 3, 2014. The Texas provisions are from the Texas 
Administrative Code (TAC), Title 30, amended to be effective December 
31, 2014.

G. Who handles permits after the final authorization takes effect?

    This proposed 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.

H. 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.

III. 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 
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), May 6, 2011 (76 FR 
12283), January 9, 2013 (77 FR 71344), and February 26, 2016 (80 FR 
80672). In this document, EPA is proposing to revise Subpart SS of 40 
CFR part 272 to include the recent authorization revision actions 
effective December 21, 2015 (80 FR 63691).

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

    In this rule, the EPA is proposing to finalize regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is proposing to finalize the incorporation by 
reference of the Texas rules described in the amendments to 40 CFR part 
272 set forth below. The EPA has made, and will continue to make, these 
documents available electronically through http://www.regulations.gov 
and in hard copy at the appropriate EPA office (see the ADDRESSES 
section of this preamble for more information).
    This action also proposes to codify Texas' base hazardous waste 
management program and its revisions to that program. This document 
proposes to incorporate by reference Texas' hazardous waste statutes 
and regulations and clarify 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 proposing to incorporate by reference the Texas 
authorized hazardous waste program by amending 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, including any annual re-certification; 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' proposed 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 proposing to incorporate 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 States approved program, but these are 
not incorporated by reference.

E. What State provisions are not proposed as 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;
    (4) New unauthorized State requirements; and
    (5) Federal rules for which Texas is authorized, but which were 
vacated by the U.S. Court of Appeals for the District

[[Page 53598]]

of Columbia Circuit (DC Cir. No. 98-1379 and 98-1379; June 27, 2014).
    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, EPA proposes to list in 40 
CFR 272.2201(c)(3) the Texas regulatory provisions which are ``broader 
in scope'' than the Federal program and which are not part of the 
authorized program proposed to be incorporated by reference. ``Broader 
in scope'' provisions cannot be enforced by the EPA; the State, 
however, may enforce such provisions under State law.
    Additionally, Texas' hazardous waste regulations include amendments 
which have not been authorized by the EPA. Since the EPA cannot enforce 
a State's requirements which have not been reviewed and authorized in 
accordance with RCRA section 3006 and 40 CFR part 271, it is important 
to be precise in delineating the scope of a State's authorized 
hazardous waste program. Regulatory provisions that have not been 
authorized by the EPA include amendments to previously authorized State 
regulations, as well as, certain Federal rules and new State 
requirements.
    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); and 
January 8, 2010 (75 FR 1236. 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 proposed incorporation by reference 
addressed by this Federal Register document.
    Texas has adopted and was authorized for the following Federal 
rules which have since been vacated by the U.S. Court of Appeals for 
the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144, 
respectively, June 27, 2014): (1) The Comparable Fuels Exclusion at 40 
CFR 261.4(a)(16) and 261.38 published in the Federal Register on June 
19, 1998 (63 FR 33782), as amended on June 15, 2010 (75 FR 33712); and 
(2) the Gasification Exclusion Rule published on January 2, 2008 (73 FR 
57).
    In those instances where Texas has made unauthorized amendments to 
previously authorized sections of State code, the EPA is identifying in 
40 CFR 272.2201(c)(4)(i) any regulations which, while adopted by the 
State and proposed to be 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 authorized by the EPA. For the 
convenience of the regulated community, the actual State regulatory 
text authorized by the EPA for the citations listed at 272.2201(c)(4) 
(i.e., without the unauthorized amendments) is compiled as a separate 
document, Addendum to the EPA Approved Texas Regulatory Requirements 
Applicable to the Hazardous Waste Management Program, December 2015. 
This document is available from EPA Region 6, 1445 Ross Avenue, Suite 
1200, Dallas, Texas 75202-2733, Phone number: (214) 665-8533.
    State regulations that are not proposed to be incorporated by 
reference in this rule at 40 CFR 272.2201(c)(1), or that are not listed 
in 40 CFR 272.2201(c)(2) (``legal basis for the State's implementation 
of the hazardous waste management program''), 40 CFR 272.2201(c)(3) 
(``broader in scope'') or 40 CFR 272.2201(c)(4) (``unauthorized State 
amendments''), are considered new unauthorized State requirements. 
These requirements are not Federally enforceable.
    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 proposed 
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.

IV. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Orders 12866 (58 FR 51735, October 
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes 
to authorize State requirements for the purpose of RCRA section 3006 
and incorporate by reference Texas' authorized hazardous waste 
management regulations, and imposes no additional requirements beyond 
those imposed by State law. Therefore, this action is not subject to 
review by OMB. This action is not an Executive Order 13771 (82 FR 9339, 
February 3, 2017) regulatory action because actions such as today's 
proposed authorization and codification of Texas' revised hazardous 
waste program under RCRA are exempted under Executive Order 12866. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
proposes to authorize and incorporate by reference pre-existing 
requirements under State law and does not impose any additional 
enforceable duty beyond that required by State law, it does not contain 
any unfunded mandate or significantly or uniquely

[[Page 53599]]

affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (2 U.S.C. 1531-1538). For the same reason, this action also 
does not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely incorporates by reference 
existing State hazardous waste management program requirements without 
altering the relationship or the distribution of power and 
responsibilities established by RCRA.
    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks. This action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply 
Distribution or Use'' (66 FR 28344, May 22, 2001), because it is not a 
significant regulatory action under Executive Order 12866.
    Under RCRA section 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. The requirements 
proposed to be codified are the result of Texas' voluntary 
participation in the EPA's State program authorization process under 
RCRA Subtitle C. Thus, the requirements of section 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 proposed 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 proposed 
rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
    Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, the disproportionately 
high and adverse human health or environmental effects of their 
programs, policies, and activities on minority populations and low-
income populations in the United States. Because this rule proposes to 
authorize and codify pre-existing State rules which are at least 
equivalent to, and no less stringent than existing federal 
requirements, and imposes no additional requirements beyond those 
imposed by State law, and there are no anticipated significant adverse 
human health or environmental effects, the rule is not subject to 
Executive Order 12898.

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

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

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

    Dated: October 10, 2018.
Anne Idsal,
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 proposing to grant 
final authorization under 40 CFR part 271 to the State of Texas for 
revisions, as identified in Section II.F above, to its hazardous waste 
program under the Resource Conservation and Recovery Act and is 
proposing to amend 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:  Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery 
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Revise Sec.  272.2201 to read as follows:


Sec.  272.2201  Texas State-administered program: Final authorization.

    (a) History of the State of Texas authorization. Pursuant to 
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Texas final 
authorization for the following elements as submitted to EPA in Texas' 
Base program application for final authorization which was approved by 
EPA effective on December 26, 1984. Subsequent program revision 
applications were approved effective on October 4, 1985, February 17, 
1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4, 
1992, June 27, 1994, November 26, 1997, December 3, 1997, October 18, 
1999, November 15, 1999, September 11, 2000, June 14, 2005, December 
29, 2008, July 13, 2009, May 6, 2011, May 7, 2012, January 9, 2013, 
November 3, 2014, December 21, 2015, February 26, 2016, and [effective 
date of final rule].
    (b) Enforcement authority. The State of Texas has primary 
responsibility for enforcing its hazardous waste management program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities in accordance with sections 3007, 3008, 3013, 
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other 
applicable statutory and regulatory provisions, regardless of whether 
the State has taken its own actions, as well as, in accordance with 
other statutory and regulatory provisions.
    (c) State statutes and regulations.
    (1) Incorporation by reference. The Texas statutes and regulations 
cited in paragraph (c)(1)(i) of this section are incorporated by 
reference as part of the hazardous waste management program under 
Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by 
reference is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain 
copies of the Texas statutes and regulations that are incorporated by 
reference in this paragraph from Thomson Reuters, 610 Opperman Drive, 
Eagan, MN 55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com. You may inspect a

[[Page 53600]]

copy at EPA Region 6, 1445, Suite 1200, Ross Avenue, Dallas, Texas 
75202-2733, Phone number: (214) 665.8533, or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, 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 December 2015.
    (ii) [Reserved]
    (2) Legal basis. The following provisions provide the legal basis 
for the State's implementation of the hazardous waste management 
program, but they are not being incorporated by reference and do not 
replace Federal authorities:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010, 
as amended by the 2015 Cumulative Annual Pocket Part, effective 
September 1, 2015); Chapter 361, The Texas Solid Waste Disposal Act 
(TSWDA), sections 361.002, 361.016, 361.017, 361.018, 361.0215(b)(2) 
and (b)(3), 361.023, 361.024, 361.029, 361.032, 361.033, 361.035, 
361.036, 361.037(a), 361.061, 361.063, 361.0635, 361.064, 361.0641, 
361.066(b) and (c), 361.0666, 361.067, 361.068, 361.069, 361.078, 
361.079, 361.0791, 361.080, 361.081, 361.082 (except 361.082(a) and 
(f)), 361.083, 361.0833, 361.084, 361.085, 361.0861(c), 361.0871(b), 
361.088, 361.0885, 361.089 (2015 Cumulative Annual Pocket Part), 
361.090, 361.095(b)-(f), 361.096, 361.097, 361.098, 361.099(a), 
361.100, 361.101, 361.102 through 361.109, 361.113, 361.114, 361.116, 
361.271 (2015 Cumulative Annual Pocket Part), 361.272 through 361.275, 
361.278, 361.301, 361.321(a) and (b), 361.321(c) (except the phrase 
``Except as provided by Section 361.322(a)''), 361.321(d), 361.321(e) 
(except the phrase ``Except as provided by Section 361.322(e)''), 
361.451, 361.501 through 361.506, and 361.509(a) introductory 
paragraph, (a)(11), (b), (c) introductory paragraph, and (c)(2); 
Chapter 371, Texas Used Oil Collection, Management, and Recycling Act, 
sections 371.0025(b) and (c), 371.024(a), (c) and (d), 371.026(a) and 
(b), and 371.028.
    (ii) Texas Water Code (TWC), as amended effective September 1, 
2015: Chapter 5, sections 5.102 through 5.105, 5.112, 5.177, 5.351, 
5.501 through 5.505, 5.509 through 5.512, 5.515, and 5.551 through 
5.557; Chapter 7, sections 7.031, 7.032, 7.051(a), 7.052(a), 7.052(c) 
and (d), 7.053 through 7.062, 7.064 through 7.069, 7.075, 7.101, 7.102, 
7.104, 7.105, 7.107, 7.110, 7.162, 7.163, 7.176, 7.187(a), 7.189, 
7.190, 7.252(1), 7.351, 7.353; Chapter 26, sections 26.001(13), 26.011, 
26.020 through 26.022, 26.039, and 26.341 through 26.367; and Chapter 
27, sections 27.003, 27.017(a), 27.018(a)-(d), and 27.019.
    (iii) Texas Government Code, as amended effective September 1, 
2015, section 311.027.
    (iv) Texas Rules of Civil Procedure, as amended effective September 
1, 2015, Rule 60.
    (v) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2015, as amended effective through December 31, 2014:
    Chapter 10; Chapter 39, sections 39.5(g) and (h), 39.11, 39.13 
(except (10)), 39.103 (except (f) and (h)), 39.105, 39.107, 39.109, 
39.403(b)(1), 39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (b)(11), 
and (b)(13)), 39.413 (except (10)), 39.420 (except (c) and (d)), 39.503 
(except the reference to 39.405(h) in (d) introductory paragraph, and 
(g)), and 39.801 through 39.810;
    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)-(g)), 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)'' and the phrases ``subsurface area drip 
dispersal systems'' and ``radioactive material'' in the introductory 
paragraph), 281.17(d) (except the references to radioactive material 
licenses), 281.17(e) and (f), 281.18(a) (except for the sentence ``For 
applications for radioactive . . . within thirty days.''), 281.19(a) 
(except the last sentence), 281.19(b) (except the phrase ``Except as 
provided in subsection (c) of this section,''), 281.20, 281.21(a) 
(except ``and 32'' and the phrase ``and the Texas Radiation Control 
Act.''), 281.21(b), 281.21(c) (except the phrase ``radioactive 
materials,'' in 281.21(c)(2)), 281.21(d), 281.22(a) (except the phrase 
``For applications for radioactive . . . to deny the license.''), 
281.22(b) (except the phrase ``or an injection well,'' in the first 
sentence and the phrase ``For underground injection wells . . . the 
same facility or activity.''), 281.23(a), and 281.24;
    Chapter 305, sections, 305.29, 305.30, 305.64(d) and (f), 
305.66(c), 305.66(e) (except for the last sentence), 305.66(f)-(l), 
305.123 (except the phrases ``and 32'' and ``and 401''), 305.125(1) and 
(3), 305.125(20), 305.127(1)(B)(i), 305.127(4)(A) and (C), 305.127 (6), 
305.401 (except the text ``Sec.  55.21 of this title (relating to 
Requests for Contested Case Hearings, Public Comment)'' at (b), and 
305.401(c)); and
    Chapter 335, sections 335.2(b), 335.43(b), 335.206, 335.391 through 
335.393.
    (3) Related legal provisions. The following statutory and 
regulatory provisions are broader in scope than the Federal program, 
are not part of the authorized program, and are not incorporated by 
reference:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010): 
Chapter 361, The Texas Solid Waste Disposal Act (TSWDA), sections 
361.131 through 361.140; Chapter 371, Texas Used Oil Collection, 
Management, and Recycling Act, sections 371.021, 371.022, 371.024(e), 
371.0245, 371.0246, 371.025, and 371.026(c).
    (ii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2015, as amended, effective through December 31, 2014: Chapter 
305, sections 305.53, 305.64(b)(4), and 305.69(b)(1)(A) (as it relates 
to the Application Fee); Chapter 335, sections 335.321 through 335.332, 
Appendices I and II, and 335.401 through 335.412.
    (4) Unauthorized State amendments and provisions. (i) The following 
authorized provisions of the Texas regulations include amendments 
published in the Texas Register that are not approved by EPA. Such 
unauthorized amendments are not part of the State's authorized program 
and are, therefore, not Federally enforceable. Thus, notwithstanding 
the language in the Texas hazardous waste regulations incorporated by 
reference at paragraph (c)(1)(i) of this section, EPA will enforce the 
State provisions that are actually authorized by EPA. The effective 
dates of the State's authorized provisions are listed in the Table 
below. The actual State regulatory text authorized by EPA (i.e., 
without the unauthorized amendments) is available as a separate 
document, Addendum to the EPA-Approved Texas Regulatory and Statutory 
Requirements Applicable to the Hazardous Waste Management Program, 
December, 2015. Copies of the document can be obtained from EPA Region 
6, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733.

[[Page 53601]]



----------------------------------------------------------------------------------------------------------------
                                                Effective date            Unauthorized state amendments
      State provision (December 31, 2014)        of authorized -------------------------------------------------
                                                   provision        Texas Register reference      Effective date
----------------------------------------------------------------------------------------------------------------
335.6(a)......................................         7/29/92  18 TexReg 2799..................         5/12/93
                                                                22 TexReg 12060.................        12/15/97
                                                                23 TexReg 10878.................        10/19/98
335.6(c) introductory paragraph...............         7/29/92  17 TexReg 8010..................        11/27/92
                                                                20 TexReg 2709..................         4/24/95
                                                                20 TexReg 3722..................         5/30/95
                                                                21 TexReg 1425..................          3/1/96
                                                                21 TexReg 2400..................          3/6/96
                                                                22 TexReg 12060.................        12/15/97
                                                                23 TexReg 10878.................        10/19/98
                                                                26 TexReg 9135..................        11/15/01
335.6(g)......................................         7/29/92  18 TexReg 3814..................         6/28/93
                                                                22 TexReg 12060.................        12/15/97
                                                                23 TexReg 10878.................        10/19/98
335.24(b) introductory paragraph..............          3/1/96  21 TexReg 10983.................        11/20/96
                                                                23 TexReg 10878.................        10/19/98
                                                                38 TexReg 970...................         2/21/13
335.24(c) introductory paragraph..............          3/1/96  21 TexReg 10983.................        11/20/96
                                                                23 TexReg 10878.................        10/19/98
                                                                38 TexReg 970...................         2/21/13
335.45(b).....................................          9/1/86  17 TexReg 5017..................         7/29/92
335.204(a)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(b)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(b)(6).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(c)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(d)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(e)(6).................................         5/28/86  16 TexReg 6065..................         11/7/91
----------------------------------------------------------------------------------------------------------------

    (ii) Texas has partially or fully adopted, but is not authorized to 
implement, the Federal rules that are listed in the following table. 
The EPA will continue to implement the Federal HSWA requirements for 
which Texas is not authorized until the State receives specific 
authorization for those requirements. The EPA will not enforce the non-
HSWA Federal rules, although they may be enforceable under State law. 
For those Federal rules that contain both HSWA and non-HSWA 
requirements, the EPA will enforce only the HSWA portions of the rules.

----------------------------------------------------------------------------------------------------------------
                 Federal requirement                    Federal Register  reference        Publication date
----------------------------------------------------------------------------------------------------------------
Clarification of Standards for Hazardous Waste LDR     62 FR 64504.................  December 5, 1997.
 Treatment Variances (HSWA) (Checklist 162).
Organobromine Production Wastes; Petroleum Refining    64 FR 36365.................  June 8, 2000.
 Wastes; Identification and Listing of Hazardous
 Waste; Land Disposal Restrictions (HSWA) (Checklist
 187).
Zinc Fertilizers Made from Recycled Hazardous          67 FR 48393.................  July 24, 2002.
 Secondary Materials (HSWA and Non-HSWA) (Checklist
 200).
----------------------------------------------------------------------------------------------------------------

    (iii) The Federal rules listed in the table below are not delegable 
to States. Texas has adopted these provisions and left the authority to 
the EPA for implementation and enforcement.

----------------------------------------------------------------------------------------------------------------
                 Federal requirement                    Federal Register  reference        Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:                61 FR 16290.................  April 12, 1996.
 Implementation of OECD Council Decision (HSWA)
 (Checklist 152).
OECD Requirements; Export Shipments of Spent Lead-     75 FR 1236..................  January 8, 2010.
 Acid Batteries (Non-HSWA) (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (iv) 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, Vacatur (Non-     66 FR 24270.................  May 14, 2001.
 HSWA) (Checklist Rule 188.1).
Storage, Treatment, Transportation and Disposal of     66 FR 27218.................  May 16, 2001.
 Mixed Waste (Non-HSWA) (Checklist 191).

[[Page 53602]]

 
Inorganic Chemical Manufacturing Waste Identification  67 FR 17119.................  April 9, 2002.
 and Listing (HSWA/Non-HSWA) (Checklist Rule 195.1).
Land Disposal Restrictions: National Treatment         67 FR 62618.................  October 7, 2002.
 Variance to Designate New Treatment Subcategories
 for Radioactively Contaminated Cadmium, Mercury-
 Containing Batteries and Silver-Containing Batteries
 (HSWA) (Checklist 201).
NESHAP: Surface Coating of Automobiles and Light-Duty  69 FR 22601.................  April 26, 2004.
 Trucks (Non-HSWA) (Checklist 205).
Revisions to the Definition of Solid Waste (Non-HSWA)  73 FR 64668.................  October 30, 2008.
 (Checklist 219).
Expansion of RCRA Comparable Fuel Exclusion (Non-      73 FR 77954.................  December 19, 2008.
 HSWA) (Checklist 221).
Withdrawal of the Emission Comparable Fuel Exclusion   73 FR 33712.................  June 15, 2010.
 (Non-HSWA) (Checklist 224).
Removal of Saccharin and Its Salts from the Lists of   75 FR 78918.................  December 17, 2010.
 Hazardous Constituents (Non-HSWA) (Checklist Rule
 225).
----------------------------------------------------------------------------------------------------------------

    (5) Vacated Federal rules. Texas adopted and was authorized for the 
following Federal rules which have since been vacated by the U.S. Court 
of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 
and 08-1144, respectively; June 27, 2014):

----------------------------------------------------------------------------------------------------------------
                 Federal requirement                    Federal Register  reference        Publication date
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Combustors; Revised Standards (HSWA)   63 FR 33782.................  June 19, 1998.
 (Checklist 168--40 CFR 261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary Materials           73 FR 57....................  January 2, 2008.
 Processed in a Gasification System to Produce
 Synthesis Gas (Checklist 216--Definition of
 ``Gasification'' at 40 CFR 260.10 and amendment to
 40 CFR 261.4(a)(12)(i)).
Withdrawal of the Emission Comparable Fuel Exclusion   7 FR 33712..................  June 15, 2010.
 under RCRA (Checklist 224--amendments to 40 CFR
 261.4(a)(16) and 261.38).
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the State of Texas was signed by the Executive 
Director of the Texas Commission on Environmental Quality (TCEQ) on 
December 20, 2011, and by the EPA Regional Administrator on February 
17, 2012. The 2012 Memorandum of Agreement was re-certified by the 
Executive Director of the TCEQ on March 26, 2015, and the EPA Regional 
Administrator on September 30, 2015, and is referenced as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (7) Statement of legal authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Texas on 
May 22, 1984, and revisions, supplements, and addenda to that Statement 
dated November 21, 1986, July 21, 1988, December 4, 1989, April 11, 
1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8, 
1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended 
February 7, 1997, March 11, 1997, January 5, 1999, November 2, 1999, 
March 1, 2002, July 16, 2008, December 6, 2011, February 22, 2013, and 
June 10, 2016, are referenced as part of the authorized hazardous waste 
management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (8) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.
0
3. 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), (19), (27), (35), and (39)), 361.019(a), 361.0235, 
361.066(a), 361.082(a) and (f), 361.086, 361.087, 361.0871(a), 
361.094, 361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas 
Used Oil Collection, Management, and Recycling Act, sections 
371.003, 371.024(b), 371.026(d), and 371.041.
    Copies of the Texas statutes that are incorporated by reference 
are available from Thomson Reuters, 610 Opperman Drive, Eagan, MN 
55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com.
    The regulatory provisions include:
    Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2015, as amended, effective through December 31, 2014, and 
where indicated, amendments effective January 8, 2015, as published 
in the Texas Register on January 2, 2015 (40 TexReg 77); based on 
the proposed rule published August 22, 2014 (39 TexReg 6376). Please 
note that for some provisions, the authorized versions are found in 
the TAC, Title 30, Environmental Quality, as amended effective 
January 1, 1994, January 1, 1997, December 31, 1999, December 31, 
2001, or December 31, 2012. Texas made subsequent changes to these 
provisions, but these changes have not been authorized by EPA. Where 
the provisions are taken from regulations other than those effective 
December 31, 2014, notations are made below.
    Chapter 3, Section 3.2(25) ``Person''; Chapter 20, Section 
20.15; Chapter 35, Section 35.402(e); Chapter 37, Sections 37.1 
through 37.81, 37.100 through 37.161, 37.200 through 37.281, 37.301 
through 37.381, 37.400 through 37.411, 37.501 through 37.551, 37.601 
through 37.671, and 37.6001 through 37.6041; Chapter 281, Section 
281.3(c);
    Chapter 305, Subchapter A--General Provisions, Sections 305.1(a) 
(except the reference to Chapter 401, relative to Radioactive 
Materials); 305.2 introductory paragraph (except the references to 
THSC sections 401.003 and 401.004, relative to Radioactive Materials 
and the reference to TWC 32.002); 305.2(1), (6), (11), (12), (14), 
(15), (19), (20), (24), (26), (27), (28), (31), and (40)-(42); 
305.3;
    Chapter 305, Subchapter C--Application for Permit or Post-
Closure Order, Sections 305.41 (except the reference to Chapter 401, 
relative to Radioactive Materials and the reference to TWC Chapter 
32); 305.42(a), (b), (d), and (f); 305.43(b); 305.44 (except (d)); 
305.45 (except (a)(7)(I) and (J)); 305.47; 305.50(a) introductory 
paragraph-(a)(3) (except the last two sentences in

[[Page 53603]]

305.50(a)(2)); 305.50(a)(4) (December 31, 2012); 305.50(a)(5)-
(a)(8); 305.50(a)(13)-(a)(16); 305.50(b); 305.51;
    Chapter 305, Subchapter D--Amendments, Renewals, Transfers, 
Corrections, Revocation, and Suspension of Permits, Sections 305.61; 
305.62(a) (except the phrase in the first sentence ``Sec.  305.70 of 
this title . . . Solid Waste Class I Modifications'' and the fifth 
sentence ``If the permittee requests a modification of a municipal 
solid waste permit . . . Sec.  305.70 of this title.''); 305.62(b); 
305.62(c) introductory paragraph (except the phrase ``other than . . 
. subsection (i) of this section''); 305.62(c)(1); 305.62(c)(2) 
introductory paragraph; 305.62(c)(2)(A) (except the phrase ``except 
for Texas Pollutant Discharge Elimination System (TPDES) 
permits,''); 305.62(c)(2)(B) (except the phrase ``except for TPDES 
permits,''); 305.62(d) (except (d)(6)); 305.62(e)-(h); 305.63(a) 
(except the last sentence of (a)(3), and (a)(7)); 305.64(a); 
305.64(b) (except (b)(4) and (b)(5)); 305.64(c) and (e); 305.64(g); 
305.65; 305.66(a) (except (a)(7)-(a)(9)); 305.66(d); 305.67(a) and 
(b); 305.69(a); 305.69(b) (except the phrases ``Additional Contents 
of Application for an Injection Well Permit'' and ``Waste Containing 
Radioactive Materials; and Application Fee'' at (b)(1)(A)); 
305.69(c); 305.69(d) (except (d)(7)); 305.69(e)-(h); 305.69(i)(3) 
and (i)(4); 305.69(j); 305.69(k) (except (k) A.8-A.10);
    Chapter 305, Subchapter F--Permit Characteristics and 
Conditions, Sections 305.121 (except the phrases ``radioactive 
material disposal'' and ``subsurface area drip dispersal systems''); 
305.122 (except (e)); 305.124; 305.125 introductory paragraph; 
305.125(2) and (4); 305.125(5) (except the second sentence); 
305.125(6)-(8); 305.125(9) (except (9)(C)); 305.125(10) (except the 
phrases ``and 32'' and ``and 401.603''); 305.125(11) (except the 
phrase ``as otherwise required by Chapter 336 of this title'' 
relative to Radioactive Substances in (11)(B)); 305.125(12)-(19), 
and (21); 305.127 introductory paragraph; 305.127(1)(B)(iii); 
305.127(1)(E) and (F); 305.127(2); 305.127(3)(A) (except the last 
two sentences); 305.127(3)(B) and (C); 305.127(4)(B); 305.127(5)(C); 
305.128;
    Chapter 305, Subchapter G--Additional Conditions for Hazardous 
and Industrial Solid Waste Storage, Processing, or Disposal Permits, 
Sections 305.141 through 305.145; 305.150;
    Chapter 305, Subchapter I--Hazardous Waste Incinerator Permits, 
Sections 305.171 through 305.176;
    Chapter 305, Subchapter J--Permits for Land Treatment 
Demonstrations Using Field Tests or Laboratory Analyses, Sections 
305.181 through 305.184;
    Chapter 305, Subchapter K--Research, Development, and 
Demonstration Permits, Sections 305.191 through 305.194;
    Chapter 305, Subchapter L--Groundwater Compliance Plan, Section 
305.401(c);
    Chapter 305, Subchapter Q--Permits for Boilers and Industrial 
Furnaces Burning Hazardous Waste, Sections 305.571 through 305.573;
    Chapter 305, Subchapter R--Resource Conservation and Recovery 
Act Standard Permits for Storage And Treatment Units, Sections 
305.650 through 305.661;
    Chapter 324, Subchapter A--Used Oil Recycling, Sections 324.1; 
324.2 (except 324.2(2)); 324.3 (except 324.3(5)); 324.4; 324.6; 
324.7; 324.11 through 324.16; 324.21; 324.22(d)(3);
    Chapter 335, Subchapter A--Industrial Solid Waste and Municipal 
Hazardous Waste in General, Sections 335.1 introductory paragraph-
(4), (6)-(12), (16)-(19), (23), (24), (26)-(30), (33), (35)-(38), 
(40)-(47), (48) (except for the phrase ``or is used for neutralizing 
the pH of non-hazardous industrial solid waste''), (49)-(51), (53)-
(58), (60)-(64), (66), (67), (70)-(79), (81)-(115) (except the 
phrase ``solid waste or'' at (89), (91), (92), (94), (95), and 
(100)), (117)-(119) (except the phrase ``solid waste or'' at (117)), 
(123)-(128) (except the phrase ``solid waste or'' at (124)), (130), 
(132)-(136), (138)-(140)(A)(iii), (140)(A)(iv) introductory 
paragraph (except the last sentence), (140)(B)-(G) (except the 
phrase ``Except for materials described in subparagraph (H) of this 
paragraph.'' at (D) and (G) introductory paragraphs),), (140)(I) and 
(J), (141), (142), (144)-(154) (except the phrase ``solid waste or'' 
at (147), (150) and (152)), (155)-(159) (except the phrase ``or 
industrial solid'' at (155), (158), and (159)), (161)-(170) (except 
the phrase ``solid waste or'' at (164)), (171) (except the phrase 
``or industrial solid'' at (171)(B)), (172)-(174), and (175) (except 
the phrase ``solid waste or'') (40 TexReg 77, effective January 8, 
2015); 335.2 (except (b), (d), (h), (k) and (n)); 335.4; 335.5 
(except (d)); 335.6(a); 335.6(b) (January 1, 1997); 335.6(c); 
335.6(d) (except the last sentence) (January 1, 1994); 335.6(e) 
(January 1, 1994); 335.6(f) and (g); 335.6(h) (except the third 
sentence); 335.6(i) and (j); 335.7; 335.8(a)(1) and (2); 335.9(a) 
(except (a)(2) and (3)); 335.9(a)(2) and (3) (January 1, 1997); 
335.9(b) (January 1, 1994); 335.10(a) and (b); 335.11(a); 335.12(a); 
335.13(a) (January 1, 1997); 335.13(c) and (d) (January 1, 1994); 
335.13(e) and (f) (January 1, 1997); 335.13(g) (January 1, 1994); 
335.13(k); 335.14; 335.15 introductory paragraph (January 1, 1994); 
335.15(1); 335.15(3) (except two references to ``Class 1 Waste'' at 
introductory paragraph); 335.17(a); 335.18(a); 335.19 (except 
335.19(d)); 335.20 through 335.23(1); 335.23(2) (January 1, 1994); 
335.24(a)-(f); 335.24(m) and (n); 335.29 through 335.31;
    Chapter 335, Subchapter B--Hazardous Waste Management General 
Provisions, Sections 335.41(a)-(c); 335.41(d) introductory paragraph 
and (d)(2)-(4); 335.41(d)(1) (December 31, 2001); 335.41(e)-(j); 
335.43(a); 335.44; 335.45; 335.47 (except (b) and second sentence in 
(c)(3)); 335.47(b) (December 31, 1999);
    Chapter 335, Subchapter C-Standards Applicable to Generators of 
Hazardous Waste, Sections 335.61 (except (f)); 335.62; 335.63; 
335.65 through 335.68; 335.69 (except ``and (n)'' in (a) 
introductory paragraph, (i), and (n)); 335.70; 335.71; 335.73 
through 335.75; 335.76 (except (h)); 335.77; 335.78(a); 335.78(b) 
(January 1, 1997); 335.78(c); 335.78(d) (except (d)(2)); 335.78(e) 
introductory paragraph (January 1, 1997); 335.78(e)(1) and (2); 
335.78(f) (except 335.78(f)(2)); 335.78(f)(2) (January 1, 1997); 
335.78(g) (except (g)(2)); 335.78(g)(2) (January 1, 1997); 
335.78(h)-(j); 335.79;
    Chapter 335, Subchapter D--Standards Applicable to Transporters 
of Hazardous Waste, Sections 335.91 (except (e)); 335.92; 335.93 
(except (e)); 335.93(e) (December 31, 1999); 335.94;
    Chapter 335, Subchapter E--Interim Standards for Owners and 
Operators of Hazardous Waste Treatment, Storage, or Disposal 
Facilities, Sections 335.111; 335.112 (except (a)(17)); 335.113; 
335.115 through 335.128;
    Chapter 335, Subchapter F--Permitting Standards for Owners and 
Operators of Hazardous Waste Treatment, Storage, or Disposal 
Facilities, Sections 335.151 through 335.153; 335.155 (except 
335.155(1)); 335.155(1) (40 TexReg 77, effective January 8, 2015 
(August 22, 2014 proposed rule (39 TexReg 6376))); 335.156 through 
335.179;
    Chapter 335, Subchapter G--Location Standards for Hazardous 
Waste Storage, Processing, or Disposal, Sections 335.201(a) (except 
(a)(3)); 335.201(c); 335.202 introductory paragraph; 335.202(2), 
(4), (9)-(11), (13), and (15)-(18); 335.203; 335.204(a) introductory 
paragraph-(a)(5); 335.204(b)(1)-(6); 335.204(c)(1)-(5); 
335.204(d)(1)-(5); 335.204(e) introductory paragraph; 335.204(e)(1) 
introductory paragraph (except the phrase ``Except as . . . (B) of 
this paragraph,'' and the word ``event'' at the end of the 
paragraph); 335.204(e)(2)-(7); 335.204(f); 335.205(a) introductory 
paragraph-(a)(2) and (e);
    Chapter 335, Subchapter H--Standards for the Management of 
Specific Wastes and Specific Types of Facilities, Sections 
335.211(a) (40 TexReg 77, effective January 8, 2015); 335.211(b) and 
(c); 335.212 through 335.214; 335.221 through 335.225; 
335.241(except (b)(4)); 335.251; 335.261 (except (b) introductory 
paragraph, (b)(6), (b)(15) and (e)); 335.261(b) introductory 
paragraph, (b)(6), and (b)(15) (40 TexReg 77, effective January 8, 
2015 (August 22, 2014 proposed rule (39 TexReg 6376))); 335.271; 
335.272;
    Chapter 335, Subchapter O--Land Disposal Restrictions, Section 
335.431 (except (c)(1); 335.431(c)(1) (39 TexReg 6376, effective 
August 22, 2014 (August 22, 2014 proposed rule (39 TexReg 6376)));
    Chapter 335, Subchapter R--Waste Classification, Sections 
335.504 (except 335.504(1)); 335.504(1) (40 TexReg 77, effective 
January 8, 2015 (August 22, 2014 proposed rule (39 TexReg 6376)));
    Chapter 335, Subchapter U--Standards For Owners and Operators Of 
Hazardous Waste Facilities Operating Under A Standard Permit, 
Sections 601 and 602.
    Copies of the Texas regulations that are incorporated by 
reference are available from Thomson Reuters, 610 Opperman Drive, 
Eagan, MN 55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com.
* * * * *
[FR Doc. 2018-22998 Filed 10-23-18; 8:45 am]
BILLING CODE 6560-50-P


