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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations internet address required by 30 TAC
section 352.1321 for the publicly accessible website for that facility.
Under 30 TAC sections 39.503c and 39.405f, Texas applicants must publish the notice in the newspaper of largest general circulation that is published in the county in which the facility is located or is proposed to be located. In certain instances, Texas applicants may be required to publish notice in a language other than English in a newspaper predominately published in that alternative language. In certain circumstances, Texas requires that notices are mailed to select individuals such as adjacent landowners, State and local government officials, and anyone who asks to be included in the mailing list, among others. In addition to the 30
TAC section 352.431c requirements, the provision at 30 TAC section 352.441
requires that a revised notice be published if changes to an application constitute a major amendment under 30
TAC section 352.131 relating to Amendments after notice of receipt of application has been mailed and published.

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c. Public Comments and Response to Comments Texas requires a minimum of a 30-day public comment period for CCR
registration applications pursuant to 30
TAC section 352.431d. Pursuant to 30
TAC section 352.431e, the executive director shall consider all public comments received before the close of the public comment period. 30 TAC
section 352.461c requires the executive director to prepare a response to all timely, relevant and material, or significant public comment. The executive directors response and decision are sent to the mailing list, including all commenters, as required under 30 TAC section 39.420.
d. Public Meeting Under 30 TAC section 352.451a, the owner or operator and the commission may hold a public meeting under 30
TAC section 55.154 for a new CCR
registration application or a major amendment to a CCR registration in the county in which the facility is located, based on the criteria of 30 TAC sections 39.503e, 55.154c or 352.961c, as cited in 30 TAC section 352.461b. The purpose of a public meeting is to provide information and receive public comment. Under 30 TAC sections 39.503e1 and 55.154c1 through 2, the TCEQ is required to hold a public meeting upon request of a member of the legislature who represents the general area in which the facility is proposed to be located for an
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application for a new facility or when the executive director determines that there is substantial public interest in the application or proposed facility. 30 TAC
section 39.503e3 provides, for example, that a substantial public interest is demonstrated when a request for a public meeting is filed by a homeowners or property owners association formally organized or chartered and having at least ten members located in the general area in which the facility is located or proposed to be located; or a group of ten or more local residents, property owners, or businesses located in the general area in which the facility is located or proposed to be located. Finally, under 30 TAC
section 352.961c, a public meeting must be held on applications for registrations that authorize corrective action and selection of a remedy as provided in 40 CFR 257.96e. 30 TAC
section 352.451c requires that a notice of the public meeting must be provided in accordance with the procedures contained in 30 TAC section 39.503e6, including newspaper publication and mailed notice from the chief clerk to persons listed in 30 TAC
section 39.413.
e. Challenges to Executive Directors Action on a Registration Application 30 TAC section 352.481 provides that the executive directors action on a CCR
application for a new registration or an amendment of a registration is subject to 30 TAC sections 50.139 and 80.272
which provide the public with a right to file a rehearing request for decisions made in administrative hearing and a right to file a motion to overturn the executive directors action on an application decision.
EPA determined that the Texas approach to public participation requirements provides adequate opportunities for public participation in the permitting process sufficient to meet the standard for program approval.
3. Guidelines for Compliance Monitoring Authority It is EPAs judgment that an adequate permit program should provide the state with the authority to gather information about compliance, perform inspections, and ensure that information it gathers is suitable for enforcement. The TCEQ has compliance monitoring authority under its Texas Health and Safety Code THSC and the Texas Water Code TWC. Specifically, THSC section 361.032 provides the authority for environmental investigators to enter public or private property and conduct inspections or investigate solid waste facilities, including CCR units. In
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addition, TWC section 5.102 gives the commission the powers to perform any acts specifically authorized by this code, another law, implied by this code, or other law necessary and convenient to the exercise of its jurisdiction, as provided by the laws of the state rules, orders and permits. The TCEQ
Enforcement Division maintains compliance schedules and reviews the schedules regularly to determine whether a facility is complying with its schedule. If a facility fails to meet its compliance schedule, the facility is deemed to be in violation of the TWC, the THSC, or TCEQ rules.
EPA determined that these compliance monitoring authorities are adequate, and that this aspect of the Texas CCR permit program meets the standard for program approval.
4. Guidelines for Enforcement Authority It is EPAs judgment that an adequate state CCR permit program should provide the state with adequate enforcement authority to administer its state CCR permit program, including the authority to: 1 Restrain any person from engaging in activity which may damage human health or the environment, 2 sue to enjoin prohibited activity, and 3 sue to recover civil penalties for prohibited activity.
The TCEQ has adequate enforcement authority for its existing programs under TWC sections 5.512, 7.002, 7.032, 7.051, 7.052, 7.101, 7.103 and 7.1057.110.
Under TWC section 7.002, the state has the authority to initiate an enforcement action to enforce the provisions of the Texas Water Code, the Texas Health and Safety Code within the commissions jurisdiction, and rules adopted under those provisions. Under TWC section 5.512, the TCEQ has specific authority to issue an emergency order concerning an activity of solid waste management under its commissions jurisdiction, even if that activity is not covered by a permit, if it finds that an emergency requiring immediate action to protect the public health and safety exists.
The state also has the authority to sue in a court of competent jurisdiction and may enforce a state rule or a provision of a permit by injunction or other appropriate remedy that may include corrective action TWC section 7.032.
On request of the executive director, the attorney general may initiate a suit in the name of the state for injunctive relief TWC section 7.032e.
The TCEQ may assess administrative penalties and civil penalties for solid waste violations under TWC section 7.051, 7.101, 7.103 and 7.105 through 7.110. Under TWC section 7.052c and
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