[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Rules and Regulations]
[Pages 14044-14049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5361]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R02-RCRA-2006-0518; FRL-8278-2]


New York: Incorporation by Reference of State Hazardous Waste 
Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to 
as the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the Federal 
program. 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 regulations that will be subject to EPA's 
inspection and enforcement. This rule does not incorporate by reference 
the New York hazardous waste statutes. The rule codifies in the 
regulations the prior approval of New York's hazardous waste management 
program and incorporates by reference authorized provisions of the 
State's regulations. In addition, this document corrects errors made in 
the program revision table in Section G published in the January 11, 
2005 Federal Register authorization document for New York.

DATES: This regulation is effective May 25, 2007, unless EPA receives 
adverse written comment on this regulation by the close of business 
April 25, 2007. If EPA receives such comments, it will publish a timely 
withdrawal of this immediate final rule in the Federal Register 
informing the public that this rule will not take effect. The Director 
of the Federal Register approves this incorporation by reference as of 
May 25, 2007 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
RCRA-2006-0518, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#670e090112150906490a0e040f06020b2702170649000811"><span class="__cf_email__" data-cfemail="630a0d0516110d024d0e0a000b02060f230613024d040c15">[email protected]</span></a>.
    <bullet> Fax: (212) 637-3056.
    <bullet> Mail: Send written comments to Michael Infurna, Division 
of Environmental Planning and Protection, EPA, Region 2, 290 Broadway, 
22nd Floor, New York, NY 10007.
    <bullet> Hand Delivery or Courier: Deliver your comments to Michael 
Infurna, Division of Environmental Planning and Protection, EPA, Region 
2, 290 Broadway, 22nd Floor, New York, NY 10007. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The public is advised to call in advance to verify the business hours. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R02-RCRA-
2006-0518. EPA's policy is that all comments received will be included 
in the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov, 
or e-mail. The Federal www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov, your e-mail 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, 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 EPA cannot read your comment due to technical difficulties, 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters or any form of encryption, and be free of any defects or 
viruses. (For additional information about EPA's public docket, visit 
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy. You can inspect the 
records related to this codification effort in the EPA Region 2 
Library, 290 Broadway, 16th Floor, New York, NY 10007, Phone number: 
(212) 637-3185. The public is advised to call in advance to verify the 
business hours.

FOR FURTHER INFORMATION CONTACT: Michael Infurna, Division of 
Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd 
floor, New York, NY 10007; telephone number (212) 637-4177; fax number: 
(212) 637-3056; e-mail address: <a href="/cdn-cgi/l/email-protection#0b62656d7e79656a25666268636a6e674b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="a6cfc8c0d3d4c8c788cbcfc5cec7c3cae6c3d6c788c1c9d0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Correction

    There were typographical errors and omissions in the table 
published as part of the January 11, 2005 (70 FR 1827) authorization 
document for New York. The affected entries for that table are

[[Page 14045]]

shown in the table below. The corrections are bolded and italicized.

------------------------------------------------------------------------
   Description of Federal requirement       Analogous State regulatory
       (revision checklists \1\)                  authority \2\
------------------------------------------------------------------------
 
                              * * * * * * *
Land Disposal Restrictions Phase IV--    6 NYCRR 376.1(b)(1)(xii),
 Treatment Standards for Metal Wastes     376.1(c)(4), 376.3(b)(1)-(3),
 and Mineral Processing Wastes (5/26/     (5) and (6), 376.4(a)(5) and
 98, 63 FR 28556; Revision Checklist      (8), 376.4(a)/Table, and
 167 A).                                  376.4(j)/Table UTS.
                                         (More stringent provisions:
                                          376.3(b)(5)(iii).)
 
                              * * * * * * *
Hazardous Waste Combustors; Revised      6 NYCRR 371.1(e)(1)(xvi),
 Standards; Part 1: RCRA Comparable       371.4(i), 373-1.3(g)(2)(viii),
 Fuel Exclusion; Permit Modifications     373-1.7(c)(12)(iii), 373-
 for Hazardous Waste Combustion Units;    1.7(j) introductory paragraph,
 Notification of Intent To Comply;        and 371.7(j)(1).
 Waste Minimization and Pollution        (More stringent provisions: 373-
 Prevention Criteria for Compliance       1.7(c)(12)(iii).)
 Extensions (6/19/98, 63 FR 33782;
 Checklist 168).
 
                              * * * * * * *
------------------------------------------------------------------------

II. Incorporation By Reference

A. What Is Codification?

    Codification is the process of including the statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the CFR. Section 3006(b) of RCRA, as amended, 
allows the Environmental Protection Agency (EPA) to authorize State 
hazardous waste management programs. The State regulations authorized 
by EPA supplant the Federal regulations concerning the same matter with 
the result that after authorization EPA enforces the authorized 
regulations. Infrequently, State statutory language which acts to 
regulate a matter is also authorized by EPA with the consequence that 
EPA enforces the authorized statutory provision. EPA does not authorize 
State enforcement authorities and does not authorize State procedural 
requirements. EPA codifies the authorized State program in 40 CFR part 
272 and incorporates by reference State statutes and regulations that 
make up the approved program which is federally enforceable in 
accordance with Sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934 and 6973, and any other applicable statutory and 
regulatory provisions.

B. What Is the History of the Authorization and Codification of New 
York's Hazardous Waste Management Program?

    New York initially received final authorization for its hazardous 
waste management program, effective on May 29, 1986 (51 FR 17737) to 
implement its base hazardous waste management program. Subsequently, 
EPA authorized revisions to the State's program effective July 3, 1989 
(54 FR 19184), May 7, 1990 (55 FR 7896), October 29, 1991 (56 FR 
42944), May 22, 1992 (57 FR 9978), August 28, 1995 (60 FR 33753), 
October 14, 1997 (62 FR 43111), January 15, 2002 (66 FR 57679) and 
March 14, 2005 (70 FR 1825, as corrected on April 5, 2005 (70 FR 
17286)). EPA first codified New York's authorized hazardous waste 
program effective September 30, 2002. In this action, EPA is revising 
Subpart HH of 40 CFR part 272 to include the recent authorization 
revision actions effective March 14, 2005.

C. What Decisions Have We Made in This Action?

    Today's action codifies EPA's authorization of revisions to New 
York's hazardous waste management program. This codification reflects 
the State program in effect at the time EPA authorized revisions to the 
New York hazardous waste program in a final rule dated January 11, 2005 
(70 FR 1825; and corrected on April 5, 2005 (70 FR 17286)). The rule 
incorporates by reference the most recent version of the State's 
authorized hazardous waste management regulations. This action does not 
reopen any decision EPA previously made concerning the authorization of 
the State's hazardous waste management program. EPA is not requesting 
comments on its decisions published in the Federal Register notices 
referenced in section B of this document concerning revisions to the 
authorized program in New York.
    EPA is incorporating by reference the authorized revisions to the 
New York hazardous waste program by revising Subpart HH to 40 CFR part 
272. 40 CFR 272.1651 previously incorporated by reference New York's 
authorized hazardous waste regulations, as amended through March 15, 
1999, plus amendments to selected provisions on November 15, 1999 and 
January 31, 2000, as well as selected provisions as found in the New 
York regulations dated January 31, 1992 and January 14, 1995. Section 
272.1651 also references the demonstration of adequate enforcement 
authority, including procedural and enforcement provisions, which 
provide the legal basis for the State's implementation of the hazardous 
waste management program. In addition, Sec.  272.1651 references the 
Memorandum of Agreement, the Attorney General's Statements and the 
Program Description, which were evaluated as part of the approval 
process of the hazardous waste management program under Subtitle C of 
RCRA.

D. What Is the Effect of New York's Codification on Enforcement?

    EPA retains the 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 all authorized States. 
With respect to enforcement actions, EPA will rely on Federal 
sanctions, Federal inspection authorities, and Federal procedures 
rather than the State analogs to these provisions. Therefore, the EPA 
is not incorporating by reference New York's inspection and enforcement 
authorities nor are those authorities part of New York's approved State 
program which operates in lieu of the Federal program. 40 CFR 
272.1651(c)(2) lists these authorities for informational purposes, and 
also because EPA considered them in determining the adequacy of New 
York's procedural and enforcement authorities. New York's authority to 
inspect and enforce the State's hazardous waste management program 
requirements continues to operate independently under State law.

[[Page 14046]]

E. What State Provisions Are Not Part of the Codification?

    The public is reminded that some provisions of New York's 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) Unauthorized amendments to authorized State provisions;
    (3) New unauthorized State requirements; and
    (4) State procedural and enforcement authorities which are 
necessary to establish the ability of the State's program to enforce 
compliance but which do not supplant the Federal statutory enforcement 
and procedural authorities.
    State provisions that are ``broader in scope'' than the Federal 
program are not incorporated by reference in 40 CFR part 272. For 
reference and clarity, 40 CFR 272.1651(c)(3) lists the New York 
statutory and regulatory provisions which are ``broader in scope'' than 
the Federal program and which are not part of the authorized program 
being incorporated by reference. This action updates that list for 
``broader in scope'' provisions. While ``broader in scope'' provisions 
are not part of the authorized program and cannot be enforced by EPA; 
the State may enforce such provisions under State law.
    Additionally, New York's hazardous waste regulations include 
amendments which have not been authorized by EPA. Since 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 EPA include amendments to previously authorized 
State regulations as well as new State requirements.
    In those instances where New York has made unauthorized amendments 
to previously authorized sections of State code, EPA is identifying in 
40 CFR 272.1651(c)(4) any regulations which, while adopted by the State 
and incorporated by reference, include language not authorized by EPA. 
Those unauthorized portions of the State regulations are not federally 
enforceable. Thus, notwithstanding the language in the New York 
hazardous waste regulations incorporated by reference at 40 CFR 
272.1651(c)(1), EPA will only enforce those portions of the State 
regulations that are actually authorized by EPA. For the convenience of 
the regulated community, the actual State regulatory text authorized by 
EPA for the citations listed at 272.1651(c)(4) (i.e., without the 
unauthorized amendments) is compiled as a separate document, Addendum 
to the EPA Approved New York Regulatory Requirements Applicable to the 
Hazardous Waste Management Program, March 2005. This document is 
available from EPA Region 2, EPA Region 2 Library, 290 Broadway, 16th 
Floor, New York, New York 10007, Phone number: (212) 637-3185.
    State regulations that are not incorporated by reference in today's 
rule at 40 CFR 272.1651(c)(1), or that are not listed in 40 CFR 
272.1651(c)(3) (``broader in scope'') or 40 CFR 272.1651(c)(4) 
(``unauthorized amendments to authorized State provisions''), are 
considered new unauthorized State requirements. These requirements are 
not Federally enforceable.

F. What Will Be the Effect of Federal HSWA Requirements on the 
Codification?

    With respect to any requirement(s) pursuant to the Hazardous and 
Solid Waste Amendments of 1984 (HSWA) for which the State has not yet 
been authorized and which EPA has identified as taking effect 
immediately in States with authorized hazardous waste management 
programs, EPA will enforce those Federal HSWA standards until the State 
is authorized for those provisions.
    The codification does not affect Federal HSWA requirements for 
which the State is not authorized. EPA has authority to implement HSWA 
requirements in all States, including States with authorized hazardous 
waste management programs, until the States become authorized for such 
requirements or prohibitions, unless EPA has identified the HSWA 
requirement(s) as an optional or as a less stringent requirement of the 
Federal program. A HSWA requirement or prohibition, unless identified 
by EPA as optional or as less stringent, supersedes any less stringent 
or inconsistent State provision which may have been previously 
authorized by EPA (50 FR 28702, July 15, 1985).
    Some existing State requirements may be similar to the HSWA 
requirement implemented by EPA. However, until EPA authorizes those 
State requirements, EPA enforces the HSWA requirements and not the 
State analogs.

III. Statutory and Executive Order Reviews

    This rule codifies EPA-authorized hazardous waste requirements 
pursuant to RCRA 3006 and imposes no requirements other than those 
imposed by State law. Therefore, this rule complies with applicable 
executive orders and statutory provisions as follows.
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget (OMB) has exempted this rule from its review 
under Executive Order 12866 (58 FR 51735, October 4, 1993).
    2. Paperwork Reduction Act--This 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.).
    3. Regulatory Flexibility Act--This rule codifies New York's 
authorized hazardous waste management regulations in the CFR and does 
not impose new burdens on small entities. 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.).
    4. Unfunded Mandates Reform Act--Because this rule codifies pre-
existing State hazardous waste management program requirements which 
EPA already approved under 40 CFR part 271, and with which regulated 
entities must already comply, it does not contain any unfunded mandate 
or significantly or uniquely affect small governments, as described in 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    5. Executive Order 13132: Federalism--Executive Order 13132 (64 FR 
43255, August 10, 1999) does not apply to this rule because it will not 
have federalism implications (i.e., substantial direct effects on the 
States, on the relationship between the Federal government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government). This action codifies existing authorized 
State hazardous waste management program requirements without altering 
the relationship or the distribution of power and responsibilities 
established by RCRA.
    6. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments--Executive Order 13175 (65 FR 67249, November 6, 
2000) does not apply to this rule because it will not have tribal 
implications (i.e., substantial direct effects on one or more Indian 
tribes, or

[[Page 14047]]

on the relationship between the Federal government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes).
    7. Executive Order 13045: Protection of Children from Environmental 
Health & Safety Risks--This rule is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant and it is not based on environmental health or safety 
risks.
    8. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use--This rule is not subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant 
regulatory action under Executive Order 12866.
    9. National Technology Transfer Advancement Act--The requirements 
being codified are the result of New York's voluntary participation in 
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.
    10. Executive Order 12988--As required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996), EPA has taken the necessary 
steps in this action to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct.
    11. Congressional Review Act--EPA will submit a report containing 
this rule and other information required by the Congressional Review 
Act (5 U.S.C. 801 et seq., as amended) to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This action will be effective May 25, 2007.

List of Subjects in 40 CFR Part 272

    Environmental Protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indians--lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

    Authority: This action 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: January 4, 2007.
Alan J. Steinberg,
Regional Administrator, EPA Region 2.

0
For the reasons set forth in the preamble, 40 CFR part 272 is amended 
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. Subpart HH is amended by revising Sec.  272.1651 to read as follows:


Sec.  272.1651  New York State-Administered Program: final 
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), New 
York has final authorization for the following elements as submitted to 
EPA in New York's base program application for final authorization 
which was approved by EPA effective on May 29, 1986. Subsequent program 
revision applications were approved effective on July 3, 1989, May 7, 
1990, October 29, 1991, May 22, 1992, August 28, 1995, October 14, 
1997, January 15, 2002 and March 14, 2005.
    (b) The State of New York 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) The New York 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. The Director of Federal 
Register approves this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the New York 
regulations that are incorporated by reference in this paragraph from 
West Group, 610 Opperman Drive, Eagan, MN 55123, ATTENTION: D3-10 
(Phone <greek-i>: 1-800-328-9352). You may inspect a copy at EPA Region 
2 Library, 290 Broadway, 16th Floor, New York, NY 10007 (Phone number: 
(212) 637-3185), 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 New York Regulatory 
Requirements Applicable to the Hazardous Waste Management Program'', 
dated March 2005.
    (ii) [Reserved]
    (2) EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume, 
as revised by the 2004 Cumulative Pocket Part: sections 1-0303(18), 3-
0301(1) (introductory paragraph); 3-0301(1)(a) and (b); 3-0301(1)(m); 
3-0301(1)(o); 3-0301(1)(w); 3-0301(1)(x); 3-0301(1)(cc); 3-0301(2) 
introductory paragraph; 3-0301(2)(a), (b), (d) through (j), (l), (m) 
and (q); 3-0301(2)(z); 3-0301(4); 19-0301(1) (except 19-0301(c), (e) 
and (f)); 19-0303(1) through (3); 19-0304; 27-0105; 27-0701; 27-0703; 
27-0705; 27-0707 (except 27-0707(2-c)); 27-0711; 27-0900 through 27-
0908; 27-0909 (except 27-0909(5)); 27-0910 through 27-0922; 27-1105;70-
0101; 70-0103; 70-0105 (except 70-0105(3) and 70-0105(6)); 70-0107(1) 
and (2); 70-0107(3) (except 70-0107(3)(a) through (k), (m) and (n)); 
70-0109; 70-0113; 70-0115 (except (2)(c) and (d)); 70-0117; 70-0119; 
70-0121; 71-0301; 71-1719; 71-2705; 71-2707; 71-2709 through 71-2715; 
71-2717; 71-2720; and 71-2727.
    (iii) McKinney's Consolidated Laws of New York, Book 1, Executive 
Law (EL), Article 6: section 102.
    (iv) McKinney's Consolidated Laws of New York, Book 46, Public 
Officers Law (POL), as amended through 2004: sections 87 and 89 (except 
the phrase ``and one-a'' at 89(5)(a)(3), and 89(5)(a)(1-a)).
    (v) McKinney's Consolidated Laws of New York, Book 7B, Civil 
Practice Law and Rules (CPLR), as amended through 2004: sections 1013, 
6301; 6311; and 6313.
    (vi) Title 6, New York Codes, Rules and Regulations (6 NYCRR), 
Volume A-2A, Hazardous Waste Management System, as amended through 
April 10, 2004: sections 372.1(f); 373-1.1(f) and (g); 373-1.4(b); 373-
1.4(d) through (f); 373-1.6(c); 621.1 through 621.4; 621.5 (except 
(d)(5), (d)(6)(i), (d)(7)(i)(a), (d)(7)(i)(c) and (d)(9)); 621.6 
(except (b), (d)(4) and (d)(5)); 621.7; 621.8; 621.9 (except (a)(5), 
(c)(2) and (e)(2)); 621.10; 621.11 (except (d)); 621.12 through

[[Page 14048]]

621.15; and 621.16 (except (b), (d) and (e)).
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, are not incorporated by reference and are not federally 
enforceable:
    (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume, 
as revised by the 2004 Cumulative Pocket Part: sections 27-0301; 27-
0303; 27-0305; 27-0307; 27-0909(5); 27-0923; 27-0925 and 27-0926.
    (ii) Title 6, New York Codes, Rules and Regulations (6 NYCRR), 
Volume A-2A, Hazardous Waste Management System, as amended through 
April 10, 2004: Section 371.4(e); 372.3(a)(1); 372.3(a)(4); 
372.3(b)(6)(iv); 372.3(d)(3); 373-1.1(d)(1)(x); 373-1.4(c); 373-
2.15(a)(2); and 374-3.4(a)(2).
    (iii) Throughout New York's hazardous waste regulations, the State 
cross-references Part 364, which sets forth additional transporter 
requirements including permit and liability requirements (for examples, 
see 6 NYCRR sections 372.2(b)(8), 373-1.7(h)(3), 374-3.3(i)(1) and (2), 
374-3.4(a) and 374-3.6(a)(1)). The transporter permit and liability 
requirements are broader in scope than the Federal program.
    (iv) New York did not adopt an analog to 40 CFR 261.4(g) that 
excludes certain dredged materials from the State definition of 
hazardous waste. Instead, the State subjects these materials to full 
regulation as hazardous wastes.
    (v) New York State regulations do not incorporate the Mineral 
Processing Secondary Materials Exclusion at 40 CFR 261.4(a)(17) and the 
related changes affecting 40 CFR 261.2(c)(3) and (c)(4)/Table, and 40 
CFR 261.2(e)(1)(iii). Since New York did not adopt the exclusion at 40 
CFR 261.4(a)(17) the State has a broader in scope program because the 
effect is to include materials that are not considered solid waste by 
EPA.
    (4) Unauthorized State Amendments. (i) The authorized provisions at 
sections 371.1(c)(7), 373-1.3(d)(3), and 373-2.8(a)(3) of 6 NYCRR, as 
amended through April 10, 2004, include amendments 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 New York 
hazardous waste regulations incorporated by reference at paragraph 
(b)(1)(i) of this section, EPA will enforce the State regulations that 
are actually authorized by EPA. The effective dates of the State's 
authorized provisions are listed in the following Table:

        Title 6.--New York Codes, Rules and Regulations (6 NYCRR)
------------------------------------------------------------------------
         State Citation                Description        Effective date
------------------------------------------------------------------------
371.1(c)(7)....................  Definition of Solid     ...............
                                  Waste. Documentation
                                  of claims for
                                  exemption
373-2.8(a)(3)..................  Submission of           ...............
                                  applications.
373-1.3(d)(3)..................  Financial
                                  Requirements. States
                                  and Federal
                                  government are exempt
                                  from the requirements
                                  of this section.
------------------------------------------------------------------------

    (ii) 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 New York Regulatory Requirements 
Applicable to the Hazardous Waste Management Program, March 2005. This 
document is available from EPA Region 2, EPA Region 2 Library, 290 
Broadway, 16th Floor, New York, New York 10007, Phone number: (212) 
637-3185.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 2 and the State of New York, signed by the Commissioner of 
the State of New York Department of Environmental Conservation on July 
20, 2001, and by the EPA Regional Administrator on January 16, 2002, 
although not incorporated by reference, is referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of New York 
in 1985 and revisions, supplements and addenda to that Statement dated 
August 18, 1988, July 26, 1989, August 15, 1991, October 11, 1991, July 
28, 1994, May 30, 1997, February 5, 2001, and April 2, 2004, although 
not incorporated by reference, are referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto, although not incorporated 
by reference, 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, State Requirements, is amended by revising 
the listing for ``New York'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

New York

    The regulatory provisions include:
    Title 6, New York Codes, Rules and Regulations (6 NYCRR), Volume 
A-2A, Hazardous Waste Management System, as amended through April 
10, 2004.
    Please note the following:
    (1) The State's official regulations, as amended through April 
10, 2004, contain typographical and printing errors that were not in 
the State's regulations submitted for authorization. New York 
subsequently corrected these errors in its official ``Supplement'', 
dated July 15, 2005, filed with the New York Secretary of State. EPA 
recognizes the corrected provisions as part of the authorized 
program. The authorized provisions for which typographical and 
printing errors in the April 10, 2004 regulations have been 
corrected are noted below by inclusion in parentheses of July 15, 
2005 after the regulatory citation.
    (2) For a few regulations, the authorized regulation is an 
earlier version of the New York State regulation. For these 
regulations, EPA authorized the version of the regulations that 
appear in the Official Compilation of Code, Rules and Regulations 
dated January 31, 1992 or January 1, 1999. New York State made later 
changes to these regulations but these changes have not been 
authorized by EPA. The regulations where the authorized regulation 
is an earlier version of the regulation are noted below by inclusion 
in parentheses of January 31, 1992 or January 1, 1999 after the 
regulatory citations.
    Part 370--Hazardous Waste Management System--General: Sections 
370.1(a) (except (a)(3)); 370.1(b) through (d); 370.1(e) (except 
(e)(1)(xv), (e)(1)(xvi) and (e)(6)(ii) through (iii)); 370.2(a); 
370.2(b)(1) through (b)(15) ``battery''; 370.2(b)(15) ``bedrock'' 
(January 31, 1992); 370.2(b)(17)-(b)(54); 370.2(b)(56) through 
(b)(71); 370.2(b)(72) (July 15, 2005); 370.2(b)(73) through (b)(91); 
370.2(b)(94) through (b)(104); 370.2(b)(106) through (b)(122); 
370.2(b)(123) and (124) (July 15, 2005); 370.2(b)(126) through 
(b)(187); 370.2(b)(188) (July 15, 2005); 370.2(b)(189) through 
(b)(212); 370(b)(214) and (b)(215);

[[Page 14049]]

370.2(b)(216) (except the last sentence); 370.2(b)(217) through 
(b)(220); 370.3 (except 370.3(c)); 370.4 (except 370.4(a)(1)(i) 
through (v)); 370.4(a)(1)(i) through (v) (July 15, 2005); 370.5 
(except (b)).
    Part 371--Identification and Listing of Hazardous Waste: 
Sections 371.1(a) through (c); 371.1(d) (except (d)(1)(ii)(e)); 
371.1(e) (except 371.1(e)(2)(vi)('b')(21); 371.1(f)(1) through (7); 
371.1(f)(8) (except the phrase ``or such mixing occurs at a facility 
regulated under Subpart 373-4 or permitted under Part 373 of this 
Title''); 371.1(f)(9) and (f)(10); 371.1(g)(1)(i); 371.1(g)(1)(ii) 
(except (g)(1)(ii)(c)); 371.1(g)(1)(iii) (except (g)(1)(iii)(a)); 
371.1(g)(1)(iii)(a) (except the phrase ``as defined in section 372.5 
of this Title, and provide a copy of'') (January 1, 1999); 
371.1(g)(2) through (4); 371.1(h) through (j); 371.2; 371.3; and 
371.4(a) and (b); 371.4(c) (except K171 and K172 entries); 371.4(c), 
K171 and K172 entries (July 15, 2005); 371.4(d), (f) and (i).
    Part 372--Hazardous Waste Manifest System and Related Standards 
for Generators, Transporters and Facilities: Sections 372.1(a) 
through (d); 372.1(e)(2)(ii)(c) (January 31, 1992); 
372.1(e)(2)(iii)(c) (January 31, 1992); 372.1(e)(3) through (e)(8); 
372.1(g) and (h); 372.2 (except (a)(8)(vi)); 372.3 (except (a)(1), 
(a)(4), (a)(7)(i), (a)(8), (b)(1)(ii), (b)(5)(ii), (b)(6)(iv), 
(c)(4) and (d)(3)); 372.5 (except (h) and (i); 372.6; 372.7(a) and 
(b); 372.7(c) (except (c)(1)(ii)); and 372.7(d) (except (d)(4)); 
372.7(d)(4) (January 31, 1992).
    Part 373, Subpart 373-1--Hazardous Waste Treatment, Storage and 
Disposal Facility Permitting Requirements: Sections 373-1.1(a) 
through (c), 373-1.1(d) (except (d)(1)(iii)(b), (d)(1)(iii)(c)(6), 
(d)(1)(iii)(d), (d)(1)(iv)(a) and (b), (d)(1)(x), (d)(1)(xvi) and 
(xviii)); 373-1.1(e); 373-1.1(h) and (i); 373-1.2; 373-1.3; 373-
1.4(a); 373-1.4(g) and (h); 373-1.5(a)(1); 373-1.5(a)(2) (except 
(a)(2)(xviii)); 373-1.5(a)(3) and (4); 373-1.5(b) and (c); 373-
1.5(d) (except (d)(3)); 373-1.5(e) through (p) (except reserved 
paragraphs); 373-1.6 (except (c)); 373-1.7 through 373-1.9; 373-1.10 
(except (a)(1)); 373-1.10(a)(1) (January 1, 1999); and 373-1.11.
    Part 373, Subpart 373-2--Final Status Standards for Owners and 
Operators of Hazardous Waste Treatment, Storage and Disposal 
Facilities: Sections 373-2.1 through 373-2.4; 373-2.5(a); 373-2.5(b) 
(except the last sentence in (b)(1)(i)(b) and the entire provision 
at (b)(1)(vii)); 373-2.5(c) through (g); 373-2.6 through 373-2.9; 
373-2.10 (except last sentence in (g)(4)(i)); 373-2.11; 373-2.12 
(except 373-2.12(a)(1), (d) and (g)(2)); 373-2.12(a)(1) (January 31, 
1992); 373-2.12(g)(2) (January 31, 1992); 373-2.13; 373-2.14; 373-
2.15 (except (a)(2)); 373-2.19; 373-2.23; 373-2.24; 373-2.27; 373-
2.28; 373-2.29; 373-2.30; and 373-2.31.
    Part 373, Subpart 373-3--Interim Status Standards Regulations 
for Owners and Operators of Hazardous Waste Facilities: Sections 
373-3.1 (except 373-3.1(a)(4) and the phrase ``or Subpart 374-2 of 
this Title'' in 373-3.1(a)(6)); 373-3.2 through 373-3.4; 373-3.5 
(except last sentence in 373-3.5(b)(1)(i)(b) and (b)(1)(vii)); 373-
3.6 through 373-3.9; 373-3.10 (except last sentence in (g)(4)(i)); 
373-3.11 through 373-3.14; 373-3.15 (except (a)(2)); 373-3.16 
through 373-3.18; 373-3.23; and 373-3.27 through 373-3.31.
    Part 374, Subpart 374-1--Standards for the Management of 
Specific Hazardous Wastes and Specific Types of Hazardous Waste 
Management Facilities: Sections 374-1.1; 374-1.3; 374-1.6 (except 
(a)(2)(iii)); 374-1.7; 374-1.8(a)(1); 374-1.8(a)(2) (except the 
second sentence ``Such used oil * * * of this Title'' in (a)(2)(i)); 
374-1.8(a)(3) through (a)(6); 374-1.8(b) through (m); and 374-1.13.
    Part 374, Subpart 374-3--Standards for Universal Waste: Sections 
374-3.1 (except (f) and (g)); 374-3.2; 374-3.3; 374-3.4 (except 
(a)(2)); 374-3.5; 374-3.6; and 374-3.7.
    Part 376--Land Disposal Restrictions: Sections 376.1 (except 
(a)(5), (a)(9), (b)(1)(xi), (e) and (f)); 376.2; 376.3 (except 
(b)(4), (c) and (d)(2)); 376.4 (except (c)(2) and (e)(1) through 
(7)); and 376.5.
    Appendices: Appendices 19 through 25; Appendices 27 through 30; 
Appendix 33; Appendix 38; Appendices 40 through 49 and Appendices 51 
through 55.
    Copies of the New York regulations that are incorporated by 
reference are available from West Group, 610 Opperman Drive, Eagan, 
MN 55123, ATTENTION: D3-10 (Phone <greek-i>: 1-800-328-9352).
* * * * *
 [FR Doc. E7-5361 Filed 3-23-07; 8:45 am]
BILLING CODE 6560-50-P


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