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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations section 7004b. RCRA section 7004b applies to all RCRA programs, directing that public participation in the development, revision, implementation, and enforcement of any . . . program under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States. 42 U.S.C.
6974b1. To make this determination EPA evaluates the state provisions governing the procedures for issuing permits and for intervention in civil enforcement proceedings.
Although 40 CFR part 239 applies to the approval of State Municipal Solid Waste Landfill MSWLF programs under RCRA section 4005c1 rather than EPAs evaluation of CCR permit programs under RCRA section 4005d, the specific criteria outlined in 40 CFR
part 239 provide a helpful framework to examine the relevant aspects of a states permit program. In addition, states are familiar with these criteria as a consequence of the MSWLF program all states have MSWLF programs that have been approved pursuant to these regulations and the regulations are generally regarded as protective and appropriate.
Consequently, EPA relied on the four categories of criteria outlined in 40 CFR
part 239 as guidelines to evaluate an adequate permit program: permitting requirements, requirements for compliance monitoring authority, requirements for enforcement authority, and requirements for intervention in civil enforcement proceedings.
Second, EPA is to evaluate the adequacy of the technical criteria that will be included in each permit, to determine whether they are the same as the Federal criteria, or to the extent they differ, whether the modified criteria are at least as protective as the Federal requirements. See 42 U.S.C.
6945d1B. Only if both components meet the statutory requirements may EPA approve the program. See 42 U.S.C.
6945d1.
On that basis, EPA conducted an analysis of the Texas CCR permit program as described in its State CCR
Permit Program Application, including a thorough analysis of the Texas CCR
regulations and their adoption by reference of portions of 40 CFR part 257, subpart D. As noted, Texas has requested approval of its partial CCR
permit program.
Based on this analysis, EPA has determined that the portions of the Texas CCR permit program that have been submitted for approval meet the standard in sections 4005d1A and B of RCRA. The Texas CCR permit program includes all the elements of an adequate CCR state permit program as
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discussed in more detail in Unit III.A.
It also contains all of the technical criteria in 40 CFR part 257, subpart D, except for the provisions specifically discussed in Unit III.B. Consequently, EPA approves the Texas CCR permit program in part. 42 U.S.C.
6945d1B. EPAs analysis and findings are discussed in greater detail in Unit III.B and in the Technical Support Document, which is available in the docket supporting this Action.
A. Adequacy of the Texas Registration Program RCRA section 4005d1A, 42 U.S.C.
6945d1A, requires a state seeking program approval to submit to EPA an application with in such form as the Administrator may establish, evidence of a permit program or other system of prior approval and conditions under state law for regulation by the state of coal combustion residuals units that are located in the State. Although the statute directs EPA to establish the form of such evidence, the statute does not require EPA to promulgate regulations governing the process or standard for determining the adequacy of such state programs. EPA, therefore, developed the Guidance Document 82 FR 38685, August 15, 2017. The Guidance Document provides recommendations on a process and standards that states may choose to use to apply for EPA
approval of its CCR permit programs, based on the standards in RCRA section 4005d, existing regulations at 40 CFR
part 239, and the Agencys experience in reviewing and approving state programs.
EPA evaluated the Texas CCR permit program using the process, statutory and regulatory standards discussed in the Units II.C and IV.A. EPAs findings are summarized below and provided in more detail in the Technical Support Document located in the docket supporting this preliminary determination. RCRA section 7004b applies to all RCRA programs, directing that public participation in the development, revision, implementation, and enforcement of any . . . program under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States. 42 U.S.C.
6974b1. In general, EPA considers that a state CCR permit program would meet the RCRA section 7004b1
directive regarding public participation if the state program is consistent with the 40 CFR part 239 provisions.
Although 40 CFR part 239 applies to approval of state MSWLF programs under RCRA 4005c1, rather than EPAs evaluation of CCR permit programs under RCRA 4005d, 40 CFR

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part 239 provides a helpful framework to more broadly examine the various aspects of the Texas CCR permit program. States are familiar with these criteria through the MSWLF permit program all states with approved MSWLF permit programs have been approved pursuant to these regulations and the regulations are generally regarded as protective and appropriate.
To complete its evaluation process, EPA relied on information contained in the Texas Application, as well as all materials submitted during the public comment period and at the public hearing. A summary of EPAs findings is provided in this Unit, organized by the program elements identified in the 40
CFR part 239 regulations and EPAs Guidance Document.
1. Guidelines for Permitting It is EPAs judgment that an adequate state CCR permit program will ensure that: 1 Existing and new facilities are permitted or otherwise approved and in compliance with either 40 CFR part 257
or other state criteria; 2 the state has the authority to collect all information necessary to issue permits that are adequate to ensure compliance with relevant 40 CFR part 257, subpart D
requirements; and 3 the state has the authority to impose requirements for CCR units adequate to ensure compliance with either 40 CFR part 257, subpart D or such other state criteria that have been determined and approved by the Administrator to be at least as protective as 40 CFR part 257, subpart D.
EPA determined that the Texas approach to CCR registration applications and approvals is adequate.
At Title 30 of the Texas Administrative Code TAC sections 352.101 through 352.141, Texas has State-specific provisions imposing requirements for CCR registration, registration characteristics and conditions, registration duration, registration amendments, and the issuance and transfer of registrations. 30 TAC section 352.101 specifically requires registration for the management or disposal of CCR
in an existing landfill, in an existing or inactive surface impoundment, and for a new or lateral expansion of a landfill or surface impoundment. Such registrations are subject to the states standard permit characteristics and conditions established in 30 TAC
Chapter 305, Subchapter F See 30 TAC
section 352.111. Under 30 TAC section 352.121, a registration may be issued for the active life of the unit, as well as any post-closure care period, as needed;
however, the registration may be revoked or amended at any time that the
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