Quiero saber acerca de...

33898

Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES

d, the TCEQ may seek administrative penalties of up to $25,000 per day for each violation for solid waste management violations. TWC section 7.105a specifically provides authority for the Attorney General to initiate a suit to recover a civil penalty, or for both injunctive relief and a civil penalty. The Attorney General may represent the State in civil judicial actions that may seek penalties from $50 to $25,000 per day for each violation. TWC section 7.102.
EPA determined that this aspect of the Texas CCR permit program meets the standard for program approval.
5. Intervention in Civil Enforcement Proceedings Based on section 7004 of RCRA, it is EPAs judgment that an adequate state CCR permit program should provide an opportunity for citizen intervention in civil enforcement proceedings.
Specifically, the state must either: a Provide for citizen intervention as a matter of right or b have in place a process to: 1 Provide notice and opportunity for public involvement in civil enforcement actions, 2 investigate and provide responses to citizen complaints about violations, and 3 not oppose citizen intervention when permissive intervention is allowed by statute, rule, or regulation.
Under TWC sections 7.075, and 7.110, Texas has specific authorities and the TCEQ rules that provide opportunity for public participation in state enforcement proceedings by allowing persons to comment or intervene in certain administrative and civil actions.
Notice of the opportunity to comment on the action is published in the Texas Register. Specifically, TWC sections 7.075a and 7.110a and b allow for a 30-day public comment period for administrative enforcement actions and civil enforcement actions. The commission, under TWC section 7.075b and the Office of Attorney General under TWC section 7.110c, must consider any written comments and may withdraw or withhold consent to a proposed order, judgment or other agreement if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the commissions statutes, rules, or permits.
The TCEQ rules also provide at least two other opportunities for public participation in enforcement actions, including: 1 When an agreement is reached in an enforcement action between a respondent and the executive director, by providing public notice in the Texas Register and a 30-day public
VerDate Sep<11>2014

15:59 Jun 25, 2021

Jkt 253001

comment period 30 TAC section 70.10c; and 2 by providing opportunity for public comments at commission meetings on enforcement orders, pursuant to the Texas Open Meetings Act under 30 TAC Chapter 10.
Texas Water Code sections 5.176
through 5.1773 provides for a public process for submitting and participating in complaints about a matter within the commissions jurisdiction. If a complaint relating to an entity regulated by the commission is filed with the commission, the commission must notify the parties to the complaint at least quarterly of the status of the complaint until the complaint reaches final disposition. Additionally, in accordance with TWC section 5.176
through 5.1765, the commission maintains a public website that contains public education materials informing the public about the commissions complaint policies and procedures, the collection and preservation of citizen collected evidence, and the status of environmental complaints and pending enforcement actions, as well as administrative and judicial orders.
Under TWC section 7.110d, the Office of the Attorney General may not oppose intervention by a person who has standing to intervene as provided by Rule 60, Texas Rules of Civil Procedure.
EPA determined that these authorities provide for an adequate level of citizen involvement in the enforcement process, and that this aspect of the Texas CCR permit program meets the standard for program approval.
B. Adequacy of Technical Criteria EPA has determined that the technical portions of the Texas CCR permit program that were submitted for approval meet the standard for partial program approval under RCRA section 4005d1Bi, 42 U.S.C.
6945d1Bi. To make this determination, EPA compared the technical requirements in the Texas CCR regulations submitted for approval to their analogs in 40 CFR part 257 to determine whether they differed from the Federal requirements, and if so, whether those differences met the standard in RCRA sections 4005d1Bii and C, 42 U.S.C.
6945d1Bii and C. The Texas CCR
regulations are contained in 30 TAC
Chapter 352, which in general are identical or analogous to the requirements of 40 CFR part 257, subpart D. At 30 TAC Chapter 352, the TCEQ largely adopted by reference the requirements of 40 CFR part 257, subpart D, and implements procedural requirements for a registration and compliance monitoring program to
PO 00000

Frm 00046

Fmt 4700

Sfmt 4700

authorize CCR units subject to the Federal CCR regulations. Specifically, Texas adopted by reference 40 CFR
257.52, 40 CFR 257.53, 40 CFR 257.60
through 257.107, and the 40 CFR part 257 Appendices, as amended through August 5, 2016 81 FR 51807, and as modified by the USWAG decision.
Texas did not adopt by reference 40 CFR
257.71, 257.95h and 257.101a. See 30
TAC sections 352.2 and 352.3a, 30
TAC sections 352.601 through 352.981
and 352.1200 through 352.1431.3 With these exceptions, the technical requirements are identical to the Federal CCR regulations.
In addition to the technical criteria in 30 TAC Chapter 352, Texas has adopted State-specific registration for CCR units and public participation requirements in 30 TAC sections 352.101 through 352.481; State financial assurance requirements in 30 TAC sections 352.1101 and 352.1111; and for certain activities, Texas has additional requirements for State notifications by owners and operators of CCR units, and State approvals by the executive director employed by the commission.
Specifically, in addition to what is required by 40 CFR part 257, the State CCR regulations contain additional State-specific requirements for the use of licensed professional engineers and geoscientists in 30 TAC section 352.4;
use of laboratories accredited and certified by the State in 30 TAC section 352.5; State notifications and approvals for specific CCR activities by owners and operators in 30 TAC sections 352.731b, 352.741b, 352.831b, 352.841b, 352.902, 352.911b and c, 352.931b, 352.941b through d, 352.951c through e, 352.981b and c, 352.1221b and 352.1241b and c;
pre-opening inspection requirements for new and lateral expansions of CCR
landfills and surface impoundments in 30 TAC section 352.851; groundwater monitoring and corrective action in 30
TAC sections 352.911d, 352.951b and 352.991; recordkeeping in 30 TAC
section 352.1301b; and posting of information on the publicly accessible website in 30 TAC section 352.1321c and d. The TCEQ is seeking EPA
approval of its partial state CCR permit program, pursuant to RCRA section 4005d. The TCEQs rules implement the Federal regulations promulgated through August 5, 2016, and as modified by USWAG. The TCEQ has not amended state CCR program rules to implement the Part A Final Rule.
3 A reference crosswalk comparison of 40 CFR
part 257, subpart D and 30 TAC Chapter 352
provided by Texas is also available in the docket as Attachment I.

E:FRFM28JNR1.SGM

28JNR1