Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 15299 

EPA APPROVED NEW MEXICO REGULATIONS

State citation Title/subject State approval/ 

effective date EPA approval date Comments 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality 

*******

Part 72 .................. Construction Permits.9/6/2006 3/11/2013 [Insert 

FR page number 

where document 

begins].

The SIP includes NMED’s letter dated 11/7/2012, which 

commits the NMED Air Quality Bureau to providing notification on the NMED’s website of all second 30-day 

public comment periods provided for under paragraph B 

of 20.2.72.206. NOT in SIP: the definitions of ‘‘Accelerated review’’, ‘‘Affiliate’’, ‘‘Conflict of interest’’, ‘‘Interested party’’ and ‘‘Qualified outside firm’’ in 20.2.72.7; 

subsection (B)(15) of 20.2.72.203; subsection (H) of 

20.2.72.208; 20.2.72.221; 20.2.72.400–20.2.72.499; and 

20.2.72.502. References to 20.2.77, 20.2.78, and 

20.2.82 are approved for Part 72 only; underlying and 

related regulations for referred Parts NOT in SIP. 

* * * * * * * 

* * * * * 

(e) * * * 

* * * * * 

EPA APPROVED NONREGULATORY AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP 

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal/ 

effective date EPA approval date Explanation 

*******

Letter of commitment 

for the New Mexico 

SIP for Minor NSR 

Public Notice.

Statewide (except 

Bernalillo County).

11/7/2012 3/11/2013 [Insert FR 

page number where 

document begins].

Letter dated 11/7/2012 from NMED to EPA 

that commits the NMED Air Quality Bureau 

to providing notification on the NMED’s 

website of all second 30-day public comment periods provided for under paragraph 

B of 20.2.72.206. 

[FR Doc. 2013–05484 Filed 3–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R02–RCRA–2013–0144; FRL–9693–2] 

New York: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: New York State has applied to 

EPA for final authorization of changes to 

its hazardous waste program under the 

Solid Waste Disposal Act, as amended, 

commonly referred to as the Resource 

Conservation and Recovery Act (RCRA). 

EPA has determined that these changes, 

with limited exceptions, satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

State’s changes through this direct final 

action. 

DATES: This final authorization will 

become effective on May 10, 2013 

unless EPA receives adverse written 

comment by April 10, 2013. If EPA 

receives such comment, it will publish 

a timely withdrawal of this direct final 

rule or those paragraphs or sections of 

this rule which are the subject of the 

comments opposing the authorization in 

the Federal Register and inform the 

public that only the portion of the rule 

that is not withdrawn will take effect. 

(See Section E of SUPPLEMENTARY

INFORMATION for further details). 

ADDRESSES: Submit your comments, 

identified by EPA–R02–RCRA–2013– 

0144, by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Email: infurna.michael@.epa.gov. 

• Fax: (212) 637–4437, to the 

attention of Michael Infurna. 

• Mail: Send written comments to 

Michael Infurna, EPA, Region 2, 290 

Broadway, 22nd Floor, New York, NY 

10007. 

• Hand Delivery or Courier: Deliver 

your comments to Michael Infurna, 

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–2013– 

0144. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available on line at http:// 

www.regulations.gov, 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 http:// 

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15300 Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 

www.regulations.gov, or email. The 

Federal http://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 email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email 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: EPA has established a docket 

for this action under Docket ID No. 

EPA–R02–RCRA–2013–0144. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although it may be listed in the 

index, some information might not be 

publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and 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 view and copy New York’s 

application during business hours at the 

following addresses: EPA Region 2 

Library, 290 Broadway, 16th Floor, New 

York, NY 10007, Phone number: (212) 

637–3185; or New York State 

Department of Environmental 

Conservation, Division of Solid and 

Hazardous Materials, 625 Broadway, 

Albany, NY 12233–7250, Phone 

number: (518) 402–8730. The public is 

advised to call in advance to verify the 

business hours of the above locations. 

FOR FURTHER INFORMATION CONTACT: 

Michael Infurna, EPA Region 2, 290 

Broadway, 22nd floor, New York, NY 

10007; telephone number (212) 637– 

4177; fax number: (212) 637–4437; 

email address: 

infurna.michael@.epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 268, 270, 273 and 279. 

B. What decisions have we made in this 

rule? 

We conclude that New York’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant New York 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. New York has 

responsibility for permitting Treatment, 

Storage, and Disposal Facilities (TSDFs) 

within its borders (except in Indian 

Country) and for carrying out the 

aspects of the RCRA program described 

in its revised program application, 

subject to the limitations of the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA). New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 

HSWA take effect in authorized States 

before the States are authorized for the 

requirements. Thus, EPA will 

implement those requirements and 

prohibitions in New York, including 

issuing permits if necessary, until the 

State is granted authorization to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that a 

facility in New York subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. New York 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but EPA 

retains its authority under statutory 

provisions, including but not limited to, 

RCRA sections 3007, 3008, 3013, and 

7003. These sections include, but may 

not be limited to, the authority to: 

• Do inspections, and require 

monitoring, tests, analyses, reports or 

other actions 

• Enforce RCRA requirements and 

suspend or revoke permits 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the State 

regulations for which New York is being 

authorized by this action are already 

effective, and are not changed by this 

action. 

D. Why wasn’t there a proposed rule 

before this rule? 

EPA did not publish a proposal before 

this direct final rule because we view 

this as a routine program change and do 

not expect adverse comments that 

oppose this approval. We are providing 

an opportunity for public comment 

now. In addition to this rule, in the 

proposed rules section of this Federal 

Register, we are publishing a separate 

document that proposes to authorize the 

State program changes. 

E. What happens if EPA receives 

comments that oppose this action? 

If EPA receives comments that oppose 

this authorization, we will withdraw 

this rule by publishing a document in 

the Federal Register before the rule 

becomes effective. EPA will base any 

further decision on the authorization of 

the State program changes on the 

proposal mentioned in the previous 

paragraph. We will then address all 

public comments in a later final rule. 

You may not have another opportunity 

to comment. If you want to comment on 

this authorization, you must do so at 

this time. 

If we receive adverse comments that 

oppose only the authorization of a 

particular change to the State hazardous 

waste program, we will withdraw that 

part of this rule but the authorization of 

the program changes that the comments 

do not oppose will become effective on 

the date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. What has New York previously been 

authorized for? 

New York initially received final 

authorization effective on May 29, 1986 

(51 FR 17737) to implement its base 

hazardous waste management program. 

We granted authorization for changes to 

its program effective July 3, 1989 (54 FR 

19184), May 7, 1990 (55 FR 7896), 

October 29, 1991 (56 FR 42944), May 22, 

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Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 15301 

1992 (57 FR 9978), August 28, 1995 (60 

FR 33753), October 14, 1997 (62 FR 

43111), January 15, 2002 (66 FR 57679), 

March 14, 2005 (70 FR 1825, as 

corrected on April 4, 2005 at 70 FR 

17286), August 31, 2009 (74 FR 31380) 

and January 12, 2010 (75 FR 1617). 

G. What changes are we authorizing 

with this action? 

On December 18, 2008, New York 

submitted a program revision 

application, seeking authorization of its 

changes in accordance with 40 CFR 

271.21. Subsequently, on May 22, 2012 

the State submitted signed Attorney 

General Certifications for the 

application. New York’s revision 

application includes changes to the 

Federal Hazardous Waste program as 

addressed by the federal used oil 

management regulations that were 

published on September 10, 1992 (57 FR 

41566) and amended May 3, 1993 (58 

FR 26420), June 17, 1993 (58 FR 33341), 

March 4, 1994 (59 FR 10550), May 6, 

1998 (63 FR 24963), and July 14, 1998 

(63 FR 37780). 

We now make a direct final decision, 

subject to receipt of written comments 

that oppose this action that, except as 

noted in Section H, New York’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for final 

authorization. Therefore, we grant New 

York final authorization for the 

following program revisions listed in 

the following table. (The New York 

provisions are set forth in the Title 6, 

New York Codes, Rules and Regulations 

(6 NYCRR), Volume A–2A, Hazardous 

Waste Management System, amended 

effective May 12, 2006 and may be 

found in the ‘‘Official Compilation of 

Codes Rules and Regulations of the 

State of New York’’, published by the 

Department of State, printed by West 

Group, as of the March 15, 2006 

supplement.) The State’s statutory 

provisions which provide the legal basis 

for the State’s implementation of its 

used oil program include Environmental 

Conservation Law sections 3–0301; 23– 

2305; 23–2307; 27–0703; and 27–0900 

et.seq., and 71–2705. EPA is not 

authorizing any new New York State 

civil or criminal statute in this program 

revision authorization. 

Description of federal requirement 

(Revision Checklists 1) Analogous state regulatory authority 2

Recycled Used Oil Management Standards (9/ 

10/92, 57 FR 41566; 5/3/93, 58 FR 26420; 6/ 

17/93, 58 FR 33341; 5/4/94, 59 FR 10550; 5/ 

6/98, 63 FR 24963; 7/14/98, 63 FR 37780; 

Revision Checklists 112, 122, 130, 166).

Title 6 New York Codes, Rules and Regulations (6 NYCRR) 370.2(b)(213), 370.2(b)(216), 

6 NYCRR 371.1(d)(1)(ii)(‘e’) 3, 371.1(e)(2)(xi), 371.1(f)(10), 371.1(g)(1)(ii)(‘d’), 

371.1(g)(1)(ii)(‘e’), 371.1(g)(1)(iii)(‘b’)—(‘d’), 371.1(g)(1)(iii)(‘e’)[removed], 371.1(g)(1)(iv), 

6 NYCRR 373–2.1(a)(6), 373–3.1(a)(6), 

6 NYCRR 374–1.8(a)(2)(i), 374–2.1(a) introductory paragraph, 374–2.1(a)(1), 374–2.1(a)(3), 

374–2.1(a)(5) through 374–2.1(a)(9), 374–2.1(a)(11) through 374–2.1(a)(13), 374–2.1(a)(17), 

374–2.1(a)(20) through 374–2.1(a)(26), 374–2.1(a)(28), 374–2.1(a)(29), 374–2.2, 374–2.3 

(except 374–2.3(c)(3)-(6) and 374–2.3(f)), 374–2.4, 360–14.1(b)(7) 360–14.1(b)(8) 374– 

2.5(a)(1), 374–2.5(a)(3), 374–2.5(a)(4), 374–2.5(a)(5) introductory paragraph, 374– 

2.5(a)(5)(i), 374–2.5(a)(5)(ii), 374–2.5(a)(5)(iii) through (v), 374–2.5(b), 374–2.5(c), 374– 

2.5(d)(1), 374–2.5(d)(2), 374–2.5(d)(3), 374–2.5(e)(1) through 374–2.5(e)(3), 374–2.5(e)(5), 

374–2.5(f), 374–2.5(g), 374–2.5(h), 374–2.6(a)(1), 374–2.6(a)(3), 374–2.6(b), 374–2.6(c), 

374–2.6(d) (except 374–2.6(d)(4)), 374–2.6(e), 374–2.6(f), 374–2.6(g), 374–2.6(h), 374– 

2.6(i), 374–2.6(j), previous 374–2.7 and 374–2.8 [removed], 374–2.7(a), 374–2.7(b), 374– 

2.7(c), 374–2.7(d)(except 374–2.7(d)(4)), 374–2.7(e) (except 374–2.7(e)(5) and (6)), 374– 

2.7(f), 374–2.7(g), 374–2.7(h), 374–2.8, 374–2.9(a), 374–2.9(b), 374–2.9(c) 

1A Revision Checklist is a document that addresses the specific changes made to the Federal regulations by one or more related final rules 

published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in 

documenting specific State analogs to the Federal Regulations. For more information see EPA’s RCRA State Authorization Web page at http:// 

www.epa.gov/osw/laws-regs/state/index.htm 2The New York provisions are set forth in the Title 6 of the New York Codes, Rules and Regulations (6 NYCRR), as amended effective 

through May 12, 2006, unless otherwise specified. 3 Note that at 6 NYCRR 371.1(d)(1)(ii)(‘e’), New York references old contact information for the Government Printing Office. The correct contact 

information, as found at 40 CFR 260.11(c) is: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 

512–1800. 

H. Where are the revised State rules 

different from the Federal rules? 

More Stringent State Rules 

New York used oil regulations are 

more stringent than the corresponding 

Federal regulations in a number of 

different areas. The more stringent 

provisions are being recognized as a part 

of the Federally-authorized program and 

are Federally enforceable. The specific 

more stringent provisions are discussed 

in detail in the revised Program 

Description New York submitted with 

the used oil authorization application, 

and include, but are not limited to, the 

following: 

1. New York requires that laboratory tests 

or sample analyses, including rebuttable 

presumption analyses, be performed by a 

State-certified laboratory. The Federal 

program does not contain a lab certification 

program: 374–2.2(a)(2)(i)(‘b’)(‘1’), 374– 

2.2(b)(1)(i), 374–2.5(e)(3)(i), 374–2.6(d)(2)(i), 

374–2.7(d)(3)(i). 

2. New York does not have analogs to 40 

CFR 279.55(a)(1), (a)(2) introductory 

paragraph and (a)(3) because the State does 

not accept reliance upon generator 

knowledge of the halogen content. 

3. Used oil collection centers are subject to 

the more stringent transfer facility standards: 

374–2.1(a)(23), 374–2.4(b)(2)(i), 374–2.6(c)(1) 

introductory paragraph. 

4. Used oil transfer facilities are subject to 

a number of additional requirements 

including the general facility standards for 

processing and re-refining facilities, 

additional testing, reporting and emergency 

procedures, and closure requirements: 374– 

2.5(a)(5) introductory paragraph, 374– 

2.5(d)(1)(i)(‘a’), 374.2.5(e)(2), 374–2.5(f)(8), 

374–2.6(c)(1)(ii)(‘c’), 374–2.6(c)(1)(iv)(‘b’), 

374–2.6(c)(2) introductory paragraph, 374– 

2.6(c)(2)(i)(‘b’), 374–2.6(c)(2)(ii)(‘a’), 374– 

2.6(c)(2)(ii)(‘f’), 374–2.6(c)(2)(vi)(‘d’)(‘2’), 

374–2.6(c)(2)(vi)(‘i’). 

5. Aboveground and underground used oil 

tanks must also be in compliance with more 

stringent installation, closure, inspection and 

repair standards, and registration 

requirements in New York’s Petroleum Bulk 

Storage (PBS) rules, 6 NYCRR Parts 612, 613, 

and 614, including: 374–2.2(a) introductory 

paragraph, 374–2.3(c)(2), 374–2.5(f)(3)(i), (ii), 

and (iii), 374–2.6(e)(2) introductory 

paragraph, 374–2.6(e)(2)(i), (ii) and (iii), and 

374–2.6(e)(7)(iii), 374–2.6(e)(7)(i)(‘a’), 374– 

2.7(e)(2)(i), (ii) and (iii). 

6. Unlike the federal government, the state 

subjects used oil burners to the more 

stringent management standards in the state 

Air Quality regulations of 6 NYCRR Part 225: 

374–2.2(a)(5)(ii), 374–2.5(d)(1)(iii), 374– 

2.7(a)(2) introductory paragraph, 374– 

2.9(a)(1). 

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15302 Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 

7. New York prohibits the use of used oil 

as a dust suppressant: 374–2.2(c)(2), 374– 

2.3(a)(2)(v), 374–2.5(a)(5)(v), 374–2.6(a)(3)(v), 

374–2.7(a)(2)(v), 374–2.9(c). 

8. Storage of used oil must also be in 

compliance with local and state fire and 

building codes, including NFPA–30: 374– 

2.3(c)(1)(i) and (ii), 374–2.5(f)(2), 374– 

2.6(e)(1), 374–2.7(e)(1)(i) and (ii). 

9. Spills are subject to requirements in 

Article 12 of the Navigation Law, its 

implementing regulations, and related 

provisions in the Environmental 

Conservation Law and the PBS regulations, 

in addition to the federal standards: 374– 

2.3(c)(9)(i): 374–2.5(d)(3) introductory 

paragraph, 374–2.5(d)(3)(v), 374–2.5(f)(7)(i), 

374–2.6(e)(6)(i), 374–2.7(e)(8)(i) 

10. New York requires additional labeling 

of units associated with used oil storage: 

374–2.3(c)(8)(i), 374–2.3(c)(8)(ii), 374– 

2.5(f)(6)(i), 374–2.5(f)(6)(ii), 374–2.6(e)(5)(i), 

374–2.6(e)(5)(ii), 374–2.7(e)(7)(i), 374– 

2.7(e)(7)(ii). 

11. New York requires additional 

notification, recordkeeping and increased 

periods of record retention for several aspects 

of used oil management: 374–2.5(e)(5), 374– 

2.5(g)(1) and (g)(2) introductory paragraphs, 

374–2.5(g)(1)(vi) and (g)(2)(vi), 374–2.5(g)(3), 

374–2.5(g)(4)(i), 374–2.6(g)(1) introductory 

paragraph, 374–2.6(g)(1)(vi) and (g)(2)(vi), 

374–2.6(g)(3), 374–2.6(h)(1)(‘a’) and (‘b’), 

374–2.7(d)(5), 374–2.7(f)(2), 374–2.7(g)(1)(i), 

374–2.7(g)(2), 374–2.8(c)(2), 374–2.8(e)(3), 

374–2.8(f)(1)(i) and 374–2.8(f)(2). 

12. New York prohibits the storage of used 

oil in pits, ponds and lagoons. Storage in 

surface impoundments, including those 

subject to regulation under 40 CFR Parts 264 

and 265, is also prohibited: 374–2.2(c)(1). 

13. New York requires that processors/rerefiners must submit to the department’s 

Central Office and Regional Office, an annual 

report instead of a biennial letter, as required 

in the federal regulations: 374–2.6(h)(2). 

14. The New York used oil regulations 

have several more stringent provisions which 

include, but are not limited to: 

a. New York prohibits the disposal of 

recyclable used oil by means of absorbents, 

except to clean up spills: 374–2.2(c)(4). 

b. If a facility owner or operator does not 

rebut the presumption, the owner or operator 

must reject the load and notify the 

department Regional Solid and Hazardous 

Materials engineer: 374–2.6(d)(3). 

c. Owners and operators of used oil 

transfer facilities must test all incoming loads 

of used oil for total halogen content, in 

accordance with a written quality control 

plan: 374–2.5(e)(2). 

Broader in Scope Requirements 

We consider the following State 

requirements to be beyond the scope of 

the Federal program, and therefore, EPA 

is not authorizing these requirements. 

The specific broader in scope provisions 

are discussed in detail in the revised 

Program Description New York 

submitted with the used oil 

authorization application, and include, 

but are not limited to, the following: 

1. New York regulates used oil containing 

greater than 50 ppm of PCB wastes as 

hazardous waste, unless the PCBs were 

derived solely from small capacitors; 

however, these wastes are not considered 

hazardous wastes under the Federal RCRA 

program. PCB wastes are regulated under the 

Federal Toxic Substances Control Act (TSCA) 

at 40 CFR part 761. The following New York 

used oil provisions are broader in scope 

because they include requirements associated 

with the regulation of PCB waste as a stateonly hazardous waste: 374–2.2(a)(9). 374– 

2.2(b)(1)/Table 1, 374–2.5(e)(4), 374– 

2.6(d)(4). 

2. New York has not adopted the Federal 

exclusion at 40 CFR 261.4(b)(14) which 

exempts from the hazardous waste 

regulations used oil re-refining distillation 

bottoms that are used as feedstock to 

manufacture asphalt products. Such used oil 

re-refining bottoms are subject to regulation 

in New York. 

3. Subdivision 374–2.3(f) details 

requirements for accepting used oil from doit-yourselfers (DIYs) at service and retail 

establishments. These requirements regulate 

entities not subject to the Federal used oil 

regulations. 

Broader-in-scope requirements are not 

part of the authorized program and EPA 

cannot enforce them. Although entities 

must comply with these requirements in 

accordance with State law, they are not 

RCRA requirements. 

I. Who handles permits after the 

authorization takes effect? 

New York will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

any RCRA hazardous waste permits or 

portions of permits still in effect which 

we issued prior to the effective date of 

this authorization, and also to process 

permit modification requests for 

facilities with existing permits. EPA will 

not issue any more new permits or new 

portions of permits for the provisions 

listed in the Table in section G above 

after the effective date of this 

authorization. Pursuant to § 3006(g)(1) 

of RCRA, EPA may continue to issue or 

deny permits to facilities within the 

State to implement those regulations 

promulgated under the authority of 

HSWA for which New York is not 

authorized. 

J. How does today’s action affect Indian 

country (18 U.S.C. 115) in New York? 

The State of New York’s Hazardous 

Waste Program is not authorized to 

operate in Indian country within the 

State. Therefore, this action has no 

effect on Indian country. EPA will 

continue to implement and administer 

the RCRA program in these lands. 

K. What is codification and is EPA 

codifying New York’s hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. We do this by 

referencing the authorized State rules in 

40 CFR part 272. If this rule takes effect, 

or we finalize the companion proposal 

to authorize the State’s changes to its 

hazardous waste program, we may, at a 

later date, amend 40 CFR part 272, 

subpart HH to codify New York’s 

authorized program. 

L. Statutory and Executive Order 

Reviews 

This rule only authorizes hazardous 

waste requirements pursuant to RCRA 

section 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 and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review—The Office of 

Management and Budget (OMB) has 

exempted this rule from its review 

under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011). 

2. Paperwork Reduction Act—This 

rule does not impose an information 

collection burden under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) 

3. Regulatory Flexibility Act—After 

considering the economic impacts of 

this rule on small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), I certify that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

4. Unfunded Mandates Reform Act— 

Because this rule approves pre-existing 

requirements under State law and does 

not impose any additional enforceable 

duty beyond that required by State law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

(Pub. L. 104B4). 

5. Executive Order 13132: 

Federalism—Executive Order 13132 (64 

FR 19885, April 23, 1997) 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 national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government). 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 15303 

6. Executive Order 13175: 

Consultation and Coordination with 

Indian Tribal Governments—Executive 

Order 13175 (65 FR 67240, 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, 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 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 as defined 

in Executive Order 12866. 

9. National Technology Transfer 

Advancement Act—EPA approves State 

programs as long as they meet criteria 

required by RCRA, so it would be 

inconsistent with applicable law for 

EPA, in its review of a State program, 

to require the use of any particular 

voluntary consensus standard in place 

of another standard that meets the 

requirements of RCRA. Thus, section 

12(d) of the National Technology 

Transfer and Advancement Act (15 

U.S.C. 272 Note) does not apply to this 

rule. 

10. 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.) 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 on May 10, 2013. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

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: December 19, 2012. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2013–05481 Filed 3–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 105, 171, 172, 173, 177, 

178, and 180 

[Docket No. PHMSA–2011–0138 (HM–218G)] 

RIN 2137–AE78 

Hazardous Materials; Miscellaneous 

Amendments (RRR) 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: PHMSA is amending the 

Hazardous Materials Regulations (HMR) 

to make miscellaneous amendments to 

update and clarify certain regulatory 

requirements. These amendments 

promote safer transportation practices, 

eliminate unnecessary regulatory 

requirements, address a petition for 

rulemaking, incorporate a special permit 

into the HMR, facilitate international 

commerce, and simplify the regulations. 

These amendments also update various 

entries in the Hazardous Materials Table 

(HMT) and corresponding special 

provisions, clarify the lab pack 

requirements for temperature-controlled 

materials, and require hazmat 

employers to make hazmat employee 

training records available upon request 

to an authorized official of the 

Department of Transportation (DOT) or 

an entity explicitly granted authority to 

enforce the HMR. 

DATES: Effective Date: This rule is 

effective May 10, 2013. 

Voluntary Compliance Date: 

Voluntary compliance with all 

amendments is authorized March 11, 

2013. 

FOR FURTHER INFORMATION CONTACT: Rob 

Benedict, Standards and Rulemaking 

Division, (202) 366–8553, Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

Contents 

I. Background 

A. Notice of Proposed Rulemaking (NPRM) 

B. Commenters 

II. Discussion of Amendments and 

Applicable Comments 

A. General Comments 

B. Provisions Adopted in This Final Rule 

and Discussion of Comments 

C. Comments Beyond the Scope of This 

Rulemaking 

D. Provisions Not Adopted in This Final 

Rule and Discussion of Comments 

III. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for the 

Rulemaking 

B. Executive Order 12866, Executive Order 

13563 and DOT Regulatory Policies and 

Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Paperwork Reduction Act 

G. Regulatory Identifier Number (RIN) 

H. Unfunded Mandates Reform Act 

I. Environmental Assessment 

J. Privacy Act 

K. International Trade Analysis 

I. Background 

A. Notice of Proposed Rulemaking 

(NPRM) 

On April 26, 2012, PHMSA published 

a NPRM under Docket PHMSA 2011– 

0138 [77 FR 24885] (HM–218G) that 

proposed amendments to update and 

clarify existing requirements of the 

HMR. The NPRM and this Final Rule 

are part of the Department of 

Transportation’s Retrospective 

Regulatory Review (RRR) designed to 

identify ways to improve the Hazardous 

Materials Regulations (HMR; 49 CFR 

parts 171–180). The NPRM proposed 

amendments to update and clarify 

existing requirements by incorporating 

changes into the HMR based on 

PHMSA’s own initiatives. The proposed 

amendments were identified through an 

extensive review of the HMR and 

previously issued letters of 

interpretation to the regulated 

hazardous materials transportation 

community. In addition, the NPRM 

proposed to incorporate a special permit 

with a longstanding history of safety 

into the HMR and respond to a petition 

for rulemaking. The changes proposed 

in the April 26, 2012 NPRM are 

summarized below: 

• Permit designated agents for nonresidents to submit designation requests 

by electronic mail in addition to 

traditional mail. 

• Add the Sulphur Institute’s (TSI) 

‘‘Molten Sulphur Rail Tank Car 

Guidance’’ document to the list of 

informational materials not requiring 

incorporation by reference in § 171.7 

(Responds to petition for rulemaking P– 

1581). 

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