```

[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Rules and Regulations]               
[Page 45489-45494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au10-7]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R02-RCRA-2010-0249; FRL-9178-8]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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.

DATES: This regulation is effective October 4, 2010, unless EPA 
receives adverse written comment on this regulation by the close of 
business September 2, 2010. If EPA receives such comments, it will 
publish a timely withdrawal of this direct 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 October 4, 2010 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-2010-0249, 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) 637-4437.
     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-
2010-0249. 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 http://www.regulations.gov, or e-mail. The Federal http://www.regulations.gov 
Web site is an ``anonymous access'' system, which means EPA will not 
know your

[[Page 45490]]

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 http://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/dockets/).
    Docket: All documents in the docket are listed in the http://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 
by appointment only. To make an appointment please call (212) 637-3185.

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) 637-4377; e-mail address: infurna.michael@epa.gov.

SUPPLEMENTARY INFORMATION:

I. 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. EPA 
retains the authority to exercise its inspection and enforcement 
authorities 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), March 
14, 2005 (70 FR 1825, as corrected on April 5, 2005 (70 FR 17286)) and 
August 31, 2009 (74 FR 31380). EPA codified New York's authorized 
hazardous waste program effective September 30, 2002 (67 FR 49864) and 
May 25, 2007 (72 FR 14044). In this action, EPA is revising Subpart HH 
of 40 CFR part 272 to include the recent authorization revision actions 
effective August 31, 2009. (Note: Both the Federal and State 
requirements for the NY State Public Utilities Project XL, which were 
authorized effective August 31, 2009, will, unless extended, expire on 
May 24, 2011.)

C. What decisions have we made in this action?

    This 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 July 1, 2009 (74 FR 
31380). 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 effective September 
5, 2006, as well as selected provisions as found in the New York 
regulations dated January 31, 1992. 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 
because EPA also 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.

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

[[Page 45491]]

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 of 
``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.
    State regulations that are not incorporated by reference in this 
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)(2) 
(``procedural and enforcement authorities''), 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.

II. 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 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.

[[Page 45492]]

    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 October 4, 2010.

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, Indian 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: April 27, 2010.
Judith A. Enck,
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. Revise 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, March 14, 2005, and August 31, 2009. (Note: 
Both the Federal and State requirements for the NY State Public 
Utilities Project XL, which were authorized effective August 31, 2009, 
will, unless extended, expire on May 24, 2011.)
    (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 July 2009.
    (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) introductory paragraph; 70-0107(3)(l); 70-
0109; 70-0113; 70-0115 (except (2)(c) and (d)); 70-0117 (except 70-
0117(5)-(7); 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.
    (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 
September 5, 2006: 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 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) Environmental Conservation Laws (ECL), 1997 Replacement 
Volume, as revised by the 2006 Cumulative Pocket Part: Section 27-
1109(6).
    (iii) Title 6, New York Codes, Rules and Regulations (6 NYCRR), 
Volume A-2A, Hazardous Waste Management System, as amended through 
September 5, 2006: Sections 370.2(b)(92) ``Household hazardous waste''; 
370.2(b)(93) ``Household collection facility''; 371.4(e); 372.1(e)(9); 
372.2(b)(5)(ii); 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); 373-2.5(b)(3)(ii)(d); 373-
2.5(b)(3)(ii)(e); 373-2.15(a)(2); 373-3.5(b)(3)(ii)(d); 373-
3.5(b)(3)(ii)(e); 374-3.4(a)(2); and 376.4(f).
    (iv) At 371.4(c), New York retains K064, K065, K066, K090 and K091 
as

[[Page 45493]]

hazardous wastes while EPA has removed them from the table at 40 CFR 
261.32 and no longer regulates them as hazardous wastes (64 FR 56469; 
October 20, 1999).
    (v) 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), 374-3.6(a)(1) and Appendix 30 Instructions for Generators/
Item 8). The transporter permit and liability requirements are broader 
in scope than the Federal program.
    (vi) 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.
    (vii) 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.
    (viii) At 373-4, New York implements a Household Hazardous Waste 
program, whereas the Federal program excludes household waste from 
regulation as hazardous waste at 261.4(b)(1).
    (ix) The following New York provisions are broader in scope because 
they include requirements associated with the regulation of PCB waste 
as a state-only hazardous waste: 372.1(e)(9) and 376.1(g)(1)(i), 
376.4(f). PCB wastes are regulated under the Federal Toxic Substances 
Control Act (TSCA) at 40 CFR part 761 rather than under the Federal 
RCRA program.
    (4) 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.
    (5) 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, April 2, 2004 and June 13, 
2008 (including three certifications), 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.
    (6) 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 
September 5, 2006.

    Please Note:  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. 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 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)(9)); 370.1(f); 370.2(a); 370.2(b)(1) through (b)(15) 
``battery''; 370.2(b)(15) ``bedrock'' (January 31, 1992); 
370.2(b)(17) through (b)(91); 370.2(b)(94) through (b)(125); 
370.2(b)(127) through (b)(137); 370.2(b)(139) through (b)(213); 
370.2(b)(215); 370.2(B)(216); 370.2(b)(217) (except the last 
sentence); 370.2(b)(218) through (b)(221); 370.3 (except 370.3(c)); 
370.4; 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)(c) and 
(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); 
371.1(g)(2) through (4); 371.1(h) through (j); 371.2; 371.3; 
371.4(a) and (b); 371.4(c) (except K064, K065, K066, K090 and K091 
entries); 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 introductory paragraph through (b)(4); 
372.2(b)(5) (except (b)(5)(ii)); 372.2(b)(6) through (b)(8); 
372.2(b)(10); 372.2(c); 372.2(d) \1\; 372.3 (except (a)(1), (a)(4), 
(a)(7)(i), (a)(8), (b)(3), (b)(5)(ii), (b)(6)(iv), (b)(7)(i)(d), 
(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).
    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) introductory paragraph through (d)(1)(xx) 
(except reserved paragraphs, (d)(1)(x) and (d)(1)(xviii); 373-
1.1(d)(1)(xxi) \1\; 373-1.1(d)(2); 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) through (p) (except reserved paragraphs); 
373-1.6 (except (c)); 373-1.7 through 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 (b)(1)(i)(c), (b)(3)(ii)(d) and (b)(3)(ii)(e)); 373-2.5(c) 
through (g); 373-2.6 through 373-2.11; 373-2.12 (except 373-
2.12(a)(1) and (d)); 373-2.12(a)(1) (January 31, 1992); 373-2.13; 
373-2.14; 373-2.15 (except (a)(2)); 373-2.19 (except (e)(1)(ii)); 
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 373-3.5(b)(1)(i)(c), (b)(3)(ii)(d) and (b)(3)(ii)(e)); 373-
3.6 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) (except 
reserved paragraphs); 374-1.9; 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), (e), (f), and (g)(1)(ii)(b)); 376.2; 376.3 (except 
(b)(4) and (d)(2)); 376.4 (except (c)(2), (e)(1)-(7) and (f)); and 
376.5.
    Appendices: Appendices 19 through 25; Appendices 27 through 30; 
Appendix 33; Appendix 37; Appendix 38; Appendices 40 through 49 and 
Appendices 51 through 55.

[[Page 45494]]

    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).

    Note: Both the Federal and State requirements for the NY State 
Public Utilities Project XL, which were authorized effective August 
31, 2009 (74 FR 31380), will, unless extended, expire on May 24, 
2011.

* * * * *

[FR Doc. 2010-18927 Filed 8-2-10; 8:45 am]
BILLING CODE 6560-50-P
```