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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations
owner or operator fails to meet the minimum standards of the CCR
regulations, or for any other good cause.
Texas also requires that a change in a term, condition or provision of a registration requires an amendment pursuant to 30 TAC section 352.131. An application requesting an amendment is processed as a major amendment or a minor amendment in accordance with 30 TAC section 305.62. At 30 TAC
section 305.62c1, Texas describes a major amendment as an amendment that changes a substantive term, provision, requirement, or a limiting parameter of a permit. At 30 TAC
section 305.62c2, Texas describes a minor amendment as an amendment to improve or maintain the permitted quality or method of disposal of waste, . . . and which includes any other change that will not cause or relax a standard or criterion which may result in a potential deterioration of quality of water in the state. Under 30 TAC
section 305.62d, the executive director may initiate a major amendment or a minor amendment if good cause exists.
The Texas provision at 30 TAC
section 352.141 prohibits the transfer of a registration from one person to another without complying with provisions of 30 TAC section 305.64
relating to the transfer of permits. Under 30 TAC section 305.64, the registrant or the transferee must submit an application to the executive director at least 30 days before the proposed transfer date and receive approval of the application from the commission before the registration can be transferred. The Texas regulations provide that a registration cannot be transferred from one facility to another. The specific CCR
registration application requirements are established in 30 TAC sections 352.201 through 352.311 where Texas has State-specific provisions addressing CCR registration application contents and information requirements. Under 30
TAC sections 352.241 through 352.301, Texas requires sufficient information to ensure that all the 40 CFR part 257, subpart D technical requirements will be followed. Specifically, a registration application shall include sufficient information and reports to: 1
Characterize the geology and hydrogeology at the facility; 2
demonstrate compliance with location restrictions; 3 demonstrate compliance with design criteria; 4 demonstrate compliance with operating criteria; 5
demonstrate compliance with applicable groundwater monitoring and corrective action requirements; and 6
demonstrate compliance with applicable closure and post-closure requirements. The provision at 30 TAC

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section 352.311 requires the owner or operator to keep records of data used to complete the application and any supplemental information or material throughout the term of the registration.
At 30 TAC sections 352.401 through 352.481, Texas adopted State-specific provisions addressing procedures for registration application deficiencies, public notifications, and registration decisions by the executive director. As part of the States evaluation of the completeness of a registration application, 30 TAC section 352.401
requires the executive director to notify an applicant of any additional information or application materials required to complete the application by transmitting a notice of deficiency NOD to the applicant. The NOD
specifies a deadline for the NOD
response of up to 60 days from the executive directors transmittal of the NOD. If the executive director does not receive an adequate and timely response to a notice of deficiency by the response deadline, the executive director may return the incomplete application to the applicant 30 TAC section 352.421.
EPA determined that the Texas approach to CCR registration applications and approvals is adequate, and that this aspect of the Texas CCR
permit program meets the standard for program approval.
2. Guidelines for Public Participation Based on RCRA section 7004, 42
U.S.C. 6974, it is EPAs judgment that an adequate state CCR permit program will ensure that: 1 Documents for permit determinations are made available for public review and comment; 2 final determinations on permit applications are made known to the public; and 3 public comments on permit determinations are considered.
Texas has adopted public participation opportunities for the CCR program that can provide an inclusive dialogue, allowing interested parties to talk openly and frankly about issues within the CCR program and search for mutually agreeable solutions to differences. An overview of the Texas public participation provisions is provided below.
a. Public Participation in the CCR
Registration Application Process Under 30 TAC section 39.418, the TCEQ requires that no later than 30 days after the executive director declares an application to be complete, the applicant must publish a Notice of Receipt of Application and Intent to Obtain Permit in a newspaper of largest circulation in the county in which the facility is located, or, if a newspaper is
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not published in the county, the notice must be published in any newspaper of general circulation in the county in which the facility is located or proposed to be located. Registration applications are also made available to the public on the applicants publicly accessible CCR
internet site. Under 30 TAC section 352.461a1, the applicant is also required to make a copy of the application available for review and copying at a public place in the county in which the facility is located. Upon completion of the application review, the TCEQ publishes a public notice of the TCEQs receipt of the registration application, the executive directors initial decision on the application, and provides an opportunity for public comments or for the public to request a public meeting in accordance with the procedures contained in 30 TAC
sections 39.503c, 39.405f and 39.405h.
30 TAC section 352.471 gives the executive director the authority to prepare a draft registration upon a preliminary determination that an application for a new registration or a major amendment of a registration meets the regulatory requirements for issuance of a registration. When the executive director has prepared a draft registration, copies of it are also made available to the public, along with a technical summary. The technical summary provides information regarding the application, staff review, and agency contacts available to assist members of the public in answering questions about the application. In addition, the commission records are open to the public for review subject to statutory privileges and claims of confidentiality consistent with the Texas Public Information Act. See Texas Government Code Annotated, Chapter 552 and 30 TAC 1.5.
b. Public Notice 30 TAC section 352.461 subjects all public notices to the requirements in 1
30 TAC section 39.405 relating to General Notice Provisions; 2 30 TAC
section 39.407 relating to Mailing Lists; 3 30 TAC section 39.409
relating to Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing; 4 30 TAC section 39.411
relating to Text of Public Notice; 5 30
TAC section 39.413 relating to Mailed Notice; and 6 30 TAC section 39.420
relating to Transmittal of the Executive Directors Response to Comments and Decision. 30 TAC section 352.431c requires that the text of the public notices on the application include the
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