14044 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Rules and Regulations 

subsequently received a timely relevant 

adverse comment on the direct final 

rule. Therefore, EPA is withdrawing the 

direct final approval, as well as the 

finding of adequacy for the MVEBs. EPA 

will address the comment in a 

subsequent final action based on the 

parallel proposal also published on 

January 23, 2007 (72 FR 2825). 

DATES: The direct final rule published 

on January 23, 2007 (72 FR 2776), is 

withdrawn as of March 26, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, Air Planning Section, 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–8542; fax number 

214–665–7263; e-mail address 

riley.jeffrey@epa.gov. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations. 

40 CFR Part 82 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: March 16, 2007. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ Accordingly, the amendments to 40 

CFR 52.2270(e) and to 40 CFR 81.344 

published in the Federal Register on 

January 23, 2007 (72 FR 2776), which 

were to become effective on March 26, 

2007, are withdrawn. 

[FR Doc. E7–5482 Filed 3–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: infurna.michael@epa.gov. 

• Fax: (212) 637–3056. 

• Mail: Send written comments to 

Michael Infurna, Division of 

Environmental Planning and Protection, 

EPA, Region 2, 290 Broadway, 22nd 

Floor, New York, NY 10007. 

• 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: 

infurna.michael@epa.gov. 

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 


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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Rules and Regulations 14045 

shown in the table below. The 

corrections are bolded and italicized. 

Description of Federal requirement (revision checklists 1) Analogous State regulatory authority 2

* * * * * * * 

Land Disposal Restrictions Phase IV—Treatment Standards for Metal 

Wastes and Mineral Processing Wastes (5/26/98, 63 FR 28556; Revision Checklist 167 A).

6 NYCRR 376.1(b)(1)(xii), 376.1(c)(4), 376.3(b)(1)–(3), (5) and (6), 

376.4(a)(5) and (8), 376.4(a)/Table, and 376.4(j)/Table UTS. 

(More stringent provisions: 376.3(b)(5)(iii).) 

* * * * * * * 

Hazardous Waste Combustors; Revised Standards; Part 1: RCRA 

Comparable Fuel Exclusion; Permit Modifications for Hazardous 

Waste Combustion Units; Notification of Intent To Comply; Waste 

Minimization and Pollution Prevention Criteria for Compliance Extensions (6/19/98, 63 FR 33782; Checklist 168).

6 NYCRR 371.1(e)(1)(xvi), 371.4(i), 373–1.3(g)(2)(viii), 373– 

1.7(c)(12)(iii), 373–1.7(j) introductory paragraph, and 371.7(j)(1). 

(More stringent provisions: 373–1.7(c)(12)(iii).) 

* * * * * * * 

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, § 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. 


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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 


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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. 

■ For the reasons set forth in the 

preamble, 40 CFR part 272 is amended 

as follows: 

PART 272—APPROVED STATE 

HAZARDOUS WASTE MANAGEMENT 

PROGRAMS 

■ 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). 

■ 2. Subpart HH is amended by revising 

§ 272.1651 to read as follows: 

§ 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 #: 

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 


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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. 

■ 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); 


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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 #: 

1–800–328–9352). 

* * * * * 

[FR Doc. E7–5361 Filed 3–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Parts 1515, 1540, 1570, and 

1572 

[Docket No. TSA–2006–24191; TSA 

Amendment Nos. 1515—(New), 1540–8, 

1570–2, and 1572–7] 

RIN 1652–AA41 

Transportation Worker Identification 

Credential Implementation in the 

Maritime Sector; Hazardous Materials 

Endorsement for a Commercial 

Driver’s License; Correction 

AGENCY: Transportation Security 

Administration (TSA). 

ACTION: Final rule; correction. 

SUMMARY: This document contains 

corrections to the final rule published in 

the Federal Register on January 25, 

2007 (72 FR 3492). That rule requires 

credentialed merchant mariners and 

workers with unescorted access to 

secure areas of vessels and facilities to 

undergo a security threat assessment 

and receive a biometric credential, 

known as a Transportation Worker 

Identification Credential (TWIC). This 

rule correction redesignates paragraphs 

in parts 1515 and 1572. In addition, this 

rule correction substitutes a word in 

parts 1540 and 1570 for consistency, 

deletes a word for clarity in part 1570 

and inserts a word in part 1572 to 

clarify the type of fee. These revisions 

are necessary to correct typographical 

errors and to use terms consistently 

throughout the rule. 

DATES: Effective March 26, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Christine Beyer, TSA–2, Transportation 

Security Administration, 601 South 

12th Street, Arlington, VA 22202–4220; 

telephone (571) 227–2657; facsimile 

(571) 227–1380; e-mail 

Christine.Beyer@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 25, 2007, the Department 

of Homeland Security, through TSA and 

the U.S. Coast Guard (Coast Guard) 

published a final rule in the Federal 

Register (72 FR 3492) making technical 

changes to various provisions of chapter 

XII, title 49 (Transportation) of the Code 

of Federal Regulations (CFR), and 

implementing the TWIC program in the 

maritime sector of the nation’s 

transportation system. The final rule 

enhances port security by requiring 

security threat assessments of 

individuals who have unescorted access 

to secure areas and improving access 

control measures to prevent 

unauthorized individuals from gaining 

unescorted access to secure areas. The 

final rule amends existing appeal and 

waiver procedures, and expands the 

provisions to apply to TWIC applicants 

and air cargo personnel. 

This rule correction document 

redesignates paragraphs codified in 

parts 1515.5 and 1572.103, substitutes 

the word ‘‘applicant’’ for ‘‘individual’’

in parts 1540.201, 1540.203, 1540.205, 

and 1570.3, deletes a word for clarity in 

part 1570.3, and inserts the word ‘‘fee’’

in part 1572.401 for clarity. 

Correction 

■ In rule FR Doc. 07–19, published on 

January 25, 2007 (72 FR 3492), make the 

following corrections: 

§ 1515.5 [Corrected] 

■ 1. On page 3589, in the third column, 

redesignate paragraphs (h) and (i) as 

paragraphs (g) and (h) under § 1515.5 

Appeal of Initial Determination of 

Threat Assessment based on criminal 

conviction, immigration status, or 

mental capacity. 

§ 1540.201 [Corrected] 

■ 2. On page 3592 in the second 

column, paragraph (a)(4) under 

§ 1540.201 Applicability and terms used 

in this subpart, is corrected to read as 

follows: 


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