31380 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 

Inbound International 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and CP2008–15) 

International Business Reply Service 

Competitive Contract 1 (MC2009–14 and 

CP2009–20) 

Competitive Product Descriptions 

Express Mail 

[Reserved for Group Description] 

Express Mail 

[Reserved for Product Description] 

Outbound International Expedited Services 

[Reserved for Product Description] 

Inbound International Expedited Services 

[Reserved for Product Description] 

Priority 

[Reserved for Product Description] 

Priority Mail 

[Reserved for Product Description] 

Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post 

[Reserved for Product Description] 

Parcel Select 

[Reserved for Group Description] 

Parcel Return Service 

[Reserved for Group Description] 

International 

[Reserved for Group Description] 

International Priority Airlift (IPA) 

[Reserved for Product Description] 

International Surface Airlift (ISAL) 

[Reserved for Product Description] 

International Direct Sacks—M-Bags 

[Reserved for Product Description] 

Global Customized Shipping Services 

[Reserved for Product Description] 

International Money Transfer Service 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at non-UPU 

rates) 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

International Insurance 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Group Description] 

Domestic 

[Reserved for Product Description] 

Outbound International 

[Reserved for Group Description] 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. E9–15469 Filed 6–30–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R02–RCRA–2009–0346; FRL–8916–7] 

New York: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate 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 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 immediate 

final action. EPA is publishing this rule 

to authorize the changes without a prior 

proposal because we believe this action 

is not controversial and do not expect 

comments that oppose it. Unless we 

receive written comments which oppose 

this authorization during the comment 

period, the decision to authorize New 

York’s changes to its hazardous waste 

program will take effect as provided 

below. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule, or the portion of 

the rule that is the subject of the 

comments, before it takes effect and a 

separate document in the proposed 

rules section of this Federal Register 

will serve as a proposal to authorize the 

changes. 

DATES: This final authorization will 

become effective on August 31, 2009 

unless EPA receives adverse written 

comment by July 31, 2009. If EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

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 this 

rule for further details). 

ADDRESSES: Submit your comments, 

identified by EPA–R02–RCRA–2009– 

0346, 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–2009– 

0346. 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:// 

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 

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/epahome/dockets.htm). 

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 

Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 31381 

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, 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: 

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 Today’s 

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 today’s action are already 

effective, and are not changed by today’s 

action. 

D. Why Wasn’t There a Proposed Rule 

Before Today’s Rule? 

EPA did not publish a proposal before 

today’s rule because we view this as a 

routine program change and do not 

expect 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 today’s 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 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, 

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 4, 2005 at 70 FR 

17286). 

While EPA is not authorizing any new 

New York State civil or criminal statute 

in this program revision authorization, 

be advised that New York State has 

revised some of the statutory provisions 

which provide the legal basis for the 

State’s implementation of the hazardous 

waste management program in New 

York State. On August 26, 2003 New 

York added a new provision to its 

statutes at Public Officers Law (POL) 

§ 89(5)(a)(1–a) that allows requests for 

records related to critical infrastructure 

information to be excepted from 

disclosure at any time, not just at the 

time of submission. The new State 

provision is consistent with 40 CFR 

2.203(c) which states that ‘‘If a claim 

covering the information is received 

after the information itself is received, 

EPA will make such efforts as are 

administratively practicable to associate 

the late claim with copies of the 

previously-submitted information in 

EPA files’’ in order to safeguard the 

Confidential Business Information in 

the submitted documents. Public 

Officers Law § 86.5, defines Critical 

Infrastructure as ‘‘systems, assets, places 

or things, whether physical or virtual, so 

vital to the state that the disruption, 

incapacitation or destruction of such 

systems, assets, places or things could 

jeopardize the health, safety, welfare or 

security of the state, its residents or its 

economy.’’ After the events of 

September 11, 2001, a number of 

31382 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 

records that at one time were publicly 

available were deemed confidential and 

this new provision is used by the State 

Agency to withhold information at the 

time it is requested as a matter of public 

safety. 

G. What Changes Are We Authorizing 

With Today’s Action? 

On October 27, 2005, December 1, 

2005 and October 27, 2006, New York 

submitted three program revision 

applications, seeking authorization of its 

changes in accordance with 40 CFR 

271.21. Subsequently, on July 17, 2008, 

the State submitted signed Attorney 

General Certifications for the three 

applications. New York’s revision 

applications include (1) changes to the 

Federal Hazardous Waste program 

issued by EPA from October 20, 1999 

through January 20, 2002; (2) the Project 

XL Rulemaking for New York State 

Public Utilities, as published on July 21, 

1999 (64 FR 37624) and amended May 

24, 2005 (70 FR 29910); (3) the Uniform 

Hazardous Waste Manifest Rule, 

published on March 4, 2005 (70 FR 

10776) and amended June 16, 2005 (70 

FR 35034); and (4) State-initiated 

changes. New York made these changes 

to provisions that we had previously 

authorized, as listed in Section F. The 

State-initiated changes make the State’s 

regulations more internally consistent, 

or make the State regulations more like 

the Federal language. 

We now make an immediate 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 and State-initiated changes 

satisfy all of the requirements necessary 

to qualify for final authorization. 

Therefore, we grant New York final 

authorization for the following program 

revisions: (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 

September 3, 2005 and the July 15, 2006 

Supplement, effective September 5, 

2006.) 

1. Program Revisions 

Description of federal requirement 

(revision checklists 1) Analogous state regulatory authority 2

RCRA CLUSTER 3 X 

Land Disposal Restrictions Phase IV—Technical Corrections (10/20/99, 

64 FR 56469; Revision Checklist 183).

Title 6 New York Codes, Rules and Regulations (6 NYCRR) 371.4(c)*, 

373–1.1(d)(1)(iii)(‘c’)(‘5’), 376.1(g)(1)(iii)(‘c’), 376.4(a)(10), 376.4(a)/ 

Table, 376.4(k)(3)(i)(‘a’), 376.4(k)(3)(i)(‘b’). 

*Broader in scope, see discussion in Section H. 

Accumulation Time for Waste Water Treatment Sludges (3/8/00, 65 FR 

12378; Revision Checklist 184).

6 NYCRR 373–1.1(d)(1)(iii)(‘c’)(‘5’), 372.2(a)(8)(vi) through (viii). 

Organobromine Production Wastes Vacatur (3/17/00, 65 FR 14472; 

Revision Checklist 185).

6 NYCRR 371.4(c), 371.4(d)(6), Appendices 22 and 23, 376.4(a), 

376.4(j). 

Petroleum Refining Process Wastes—Clarification (6/8/00, 64 FR 

36365; Revision Checklist 187).

6 NYCRR 371.4(b). 

RCRA CLUSTER XI 

Chlorinated Aliphatics Listing and LDRs for Newly Identified Wastes 

(11/8/00, 65 FR 67068; Revision Checklist 189).

6 NYCRR 371.4(c), 376.3(c), 376.4(a)/Table, 376.4(j)/Table, Appendices 22 and 23. 

Land Disposal Restrictions Phase IV—Deferral for PCBs in Soil (12/26/ 

00, 65 FR 81373; Revision Checklist 190).

6 NYCRR 376.3(h), 376.4(j)/Table UTS, 376.4(k)(4), Appendix 37. 

Mixed Waste Rule (5/16/01, 66 FR 27218; Revision Checklist 191) ...... 6 NYCRR 374–1.9. 

Mixture and Derived-From Rules Revisions (5/16/01, 66 FR 27266; Revision Checklist 192A).6 NYCRR 371.1(d)(1)(ii)(‘c’) [reserved], 371.1(d)(1)(ii)(‘d’), 

371.1(d)(3)(ii)(‘a’), 371.1(d)(6)(i) through 371.1(d)(6)(iii), 371.1(d)(7). 

Change of Official EPA Mailing Address (6/28/01, 66 FR 34374; Revision Checklist 193).6 NYCRR 370.1(e)(8) note. 

RCRA CLUSTER XII 

Mixture and Derived-From Rules Revision II (10/3/01, 66 FR 50332; 

Revision Checklist 194).

6 NYCRR 371.1(d)(1)(ii)(‘d’), 371.1(d)(6)(iv). 

Inorganic Chemical Manufacturing Wastes Identification and Listing 

(11/20/01, 66 FR 58258; Revision Checklist 195).

6 NYCRR 371.1(e)(2)(xiii), 371.4(c), 376.3(i), 376.4(a) Table, Appendix 

22. 

CAMU Amendments (1/22/02, 67 FR 2962; Revision Checklist 196) ..... 6 NYCRR 370.2(b)(37), 370.2(b)(158), 373–2.19(a), 373–2.19(b)(1), 

373–2.19(c), 373–2.19(e)(1)(i). 

RCRA CLUSTER XV 

Uniform Hazardous Waste Manifest Rule (3/4/05, 70 FR 10776; as 

amended 6/16/05, 70 FR 35034; Revision Checklist 207).

6 NYCRR 370.2(b)(43), 370.2(b)(121), 370.2(b)(122), 

371.1(h)(2)(i)(‘c’)(‘1’) and (‘2’), 372.2(b)(1), 372.2(b)(10), 

372.2(a)(6)(ii), 372.2(a)(7), 372.2(a)(8)(ix), 372.3(b)(3) [reserved], 

372.3(b)(6)(i), 372.3(b)(7)(i) [except (b)(7)(i)(‘d’)], 372.3(b)(4)(ii) and 

(iii), 372.5(d)(3), 372.5(d)(5), 372.5(j)(3) and (j)(4), 372.7(d)(3), 

372.7(d)(4), Appendix 30*, 373–2.5(a), 373–2.5(b)(1) [except 

(b)(1)(i)(‘c’) and (b)(1)(viii)], 373–2.5(b)(2), 373–2.5(b)(3)(ii) [except 

(b)(3)(ii)(‘d’) and (‘e’)], 373–2.5(b)(4), 373–3.5(a), 373–3.5(b)(1) [except (b)(1)(i)(‘c’) and (b)(1)(viii)], 373–3.5(b)(2), 373–3.5(b)(3)(ii) [except (b)(3)(ii)(‘d’) and (‘e’)], 373–3.5(b)(4) as amended effective 9/5/ 

06. 

*Broader in scope: Appendix 30, Instructions for Generators/Item 8., 

see discussion in Section H. 

Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 31383 

Description of federal requirement 

(revision checklists 1) Analogous state regulatory authority 2

(More stringent: Appendix 30, General Information, Distribution; Appendix 30, Instructions for Generators/Item 13. Waste Codes, 

372.7(d)(4), 373–2.5(a)(1), 373–2.5(b)(1)(i)(‘b’) introductory paragraph & (‘b’)(‘1’), 373–2.5(b)(1)(i)(‘b’)(‘5’), 373–2.5(b)(1)(vii), 373– 

2.5(b)(2), 373–3.5(a)(1), 373–3.5(b)(1)(i)(‘b’) introductory paragraph 

& (‘b’)(‘1’), 373–3.5(b)(1)(i)(‘b’)(‘5’), 373–3.5(b)(1)(vii), 373–3.5(b)(2)). 

PROJECT XL 4

Project XL Rulemaking for New York State Public Utilities; Hazardous 

Waste Management Systems; Final Rule (7/12/99, 64 FR 37624; as 

amended 5/24/05, 70 FR 29910).

6 NYCRR 372.2(d), 373–1.1(d)(1)(xxi). 

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 through September 3, 2005, unless otherwise specified. 3A RCRA ‘‘Cluster’’ is a set of Revision Checklists for Federal rules, typically promulgated between July 1 and June 30 of the following year. 4 Note: Both the Federal and State requirements for the NY State Public Utilities Project XL will expire on May 24, 2011. 

2. State-Initiated Changes 

The State-initiated changes correct 

typographical and printing errors, 

clarify and make the State’s regulations 

more internally consistent, or make the 

State regulations more like the Federal 

language. 

EPA grants New York final 

authorization to carry out the following 

provisions of the State’s program in lieu 

of the Federal program. The New York 

provisions are from the Title 6, New 

York Codes, Rules and Regulations (6 

NYCRR), Volume A–2A, Hazardous 

Waste Management System, amended 

through September 3, 2005, unless 

otherwise specified. For clarity, the 

appropriate effective date is provided in 

parentheses following the provision(s). 

More stringent provisions are indicated 

with an asterisk (*). 

Part 370—Hazardous Waste 

Management System—General: Sections 

370.1(e)(1)(xv) and (xvi); 370.1(e)(6)(ii) 

through (iii); 370.1(e)(2); 370.1(e)(3)(ii) 

and (iii) (September 5, 2006); 370.1(f) *; 

and 370.2(b)(55), (b)(105), (b)(135), 

(b)(136), (b)(137) (reserved). 

Part 371—Identification and Listing of 

Hazardous Waste: Section 371.1(c)(7) *. 

Part 372—Hazardous Waste Manifest 

System and Related Standards or 

Generators, Transporters and Facilities: 

Sections 372.2(b)(1)(i), (b)(2) *, (b)(3) *, 

(b)(6) and (b)(7) (September 5, 2006); 

372.3(b)(1), (b)(2), (b)(4) and (b)(5) 

(September 5, 2006); 372.7(d)(2) 

(September 5, 2006). 

Part 373, Subpart 373–1—Hazardous 

Waste Treatment, Storage and Disposal 

Facility Permitting Requirements: 

Sections 373–1.3(d)(3), 373–1.8(b), 373– 

1.10(a)(1), (b)(1) and (c)(1). 

Part 373, Subpart 373–2—Final Status 

Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage 

and Disposal Facilities: Sections 373– 

2.5(b)(1)(viii) * and (b)(5) (September 5, 

2006), 373–2.8(a)(3), 373–2.10(g)(4)(i), 

373–2.12(g)(2), 373–2.19(d) and (e), 

373–2.29(e)(3)(i). 

Part 373, Subpart 373–3—Interim 

Status Standards for Owners and 

Operators of Hazardous Waste 

Treatment, Storage and Disposal 

Facilities: Sections 373–3.5(b)(1)(viii) * 

and (b)(5), (September 5, 2006); and 

373–3.15(a)(2). 

Part 376—Land Disposal Restrictions: 

Sections: 376.1(b)(1)(xi), 376.1(g)(1)(i) 

except the reference to ‘‘376.4(f)’’, 

376.4(g)(1). 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

More Stringent State Rules 

New York hazardous waste 

management 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 noted in 

Section G and in the State’s 

authorization application, and include, 

but are not limited to, the following: 

1. At 370.1(f), New York requires that 

laboratory tests or sample analyses be 

performed by a State-certified 

laboratory. The Federal program does 

not contain a lab certification program. 

2. In addition to the demonstration 

and documentation of claims that 

materials are not solid wastes or are 

conditionally exempt from regulation 

required by 40 CFR 261.2(f), at 

371.1(c)(7), the State requires the party 

claiming the exemption to notify the 

Department before using the exemption. 

3. At 373–2.5(b)(1)(viii) and 373– 

3.5(b)(1)(viii), New York requires 

treatment, storage and disposal facilities 

to keep records on shipments accepted 

from small quantity generators who ship 

hazardous waste via a reclamation 

agreement under 40 CFR 262.20(e). The 

Federal program only has requirements 

for the generator and transporter of such 

wastes to keep records related to the 

agreement and/or shipments. 

4. At 373–2.19(c)(1)(iii)(‘c’), New York 

is more stringent than the Federal 

requirement at 40 CFR 264.552(a)(3)(iii) 

because the State does not provide for 

alternative demonstrations to the 

department to allow placement of nonhazardous liquid waste in a corrective 

action management unit (CAMU). 

5. New York has several requirements 

related to the Uniform Hazardous Waste 

Manifest that are in addition to or more 

stringent than the corresponding 

Federal requirement. Such requirements 

include but are not limited to the 

following: 

a. Unlike 40 CFR 262.20(b) & (c), at 

372.2(b)(2)(i) New York requires written 

communication from the designated and 

alternate facility confirming their 

authorization to accept the manifested 

wastes. 

b. At Appendix 30, General 

Information/Distribution, New York 

requires the generator to send copies of 

the forms to the generator State and the 

disposal facility State. 

c. At 372.2(b)(2)(ii), New York 

requires that the generator know and 

indicate on the manifest the ultimate 

disposal method of the waste that is 

leaving its facility and provide State 

waste codes that are to be assigned to 

the ultimate disposal methods and 

recorded at Item 13 on the manifest. 

This State requirement is repeated 

31384 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 

within the generator manifest 

instructions for Item 13 in Appendix 30. 

d. At the following citations, the State 

program requires that manifests be 

mailed to the appropriate parties within 

10 calendar days of delivery of the 

waste to the facility whereas the Federal 

program allows 30 days to send a copy 

to the generator: 372.2(b)(3), Appendix 

30, General Information/Distribution, 

373–2.5(b)(1)(i)(‘b’)(‘5’), 373– 

3.5(b)(1)(i)(‘b’)(‘5’), 373–2.5(b)(1)(vii), 

373–3.5(b)(1)(vii). 

e. At 373–2.5(a)(1) and 372–3.5(a)(1), 

New York does not adopt the Federal 

exemption from manifesting for waste 

military munitions at 40 CFR 264.70(a) 

and 265.70(a). 

f. At 373–2.5(b)(1)(i)(‘b’) introductory 

paragraph & (‘b’)(‘1’) and 373– 

3.5(b)(1)(i)(‘b’) introductory paragraph & 

(‘b’)(‘1’) [analogs to 40 CFR 264.71(a)(2) 

and 265.71(a)(2)], the State program 

requires the receiving facility owner or 

operator to examine the manifest for 

completeness and complete those 

portions regarding the ultimate disposal 

method in the event they are 

unfinished. 

g. At 372.7(d)(4), the State requires a 

copy of the signed and dated shipping 

paper to be sent to the generator if a 

manifest is not received within 15 days, 

whereas the Federal program, under 40 

CFR 264.71(b)(4) and 265.71(b)(4), 

allows 30 days from the date of receipt 

of a manifest. Additionally, New York 

requires the facility to complete and 

submit an unmanifested waste report 

along with the shipping paper if a 

manifest is not received. Under 40 CFR 

264.76(a), the Federal program only 

requires the report if the facility does 

not receive a manifest or a shipping 

paper. 

h. At 373–2.5(b)(2) and 373–3.5(b)(2), 

the State program requires that an unmanifested waste report be filed with 

the State within 10 calendar days of 

acceptance of the shipment whereas at 

the introductory paragraphs at 40 CFR 

264.76(a) and 265.76(a), the Federal 

provisions allow 15 days to send the 

report to the Regional Administrator. 

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: 

1. At 373–4, New York implements a 

Household Hazardous Waste program 

and 370.2(b)(92) and (b)(93) contain 

definitions associated with the HHW 

program. The Federal program excludes 

household waste from regulation as 

hazardous waste at 261.4(b)(1). 

2. At 371.4(c), New York retains K064, 

K065, K066, K090 and K091 as 

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). 

3. New York’s transporter permit 

program is broader in scope than the 

Federal RCRA program which does not 

issue permits to transporters. The 

following New York provisions are 

broader in scope because they include 

requirements associated with the state’s 

transporter permit program: 

372.2(b)(5)(ii), Appendix 30 Instructions 

for Generators/Item 8, 373– 

2.5(b)(3)(ii)(‘d’) & (‘e’), and 373– 

3.5(b)(3)(ii)(‘d’) & (‘e’). 

4. New York subjects PCB wastes to 

regulation as hazardous waste; 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 

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). 

Broader-in-scope requirements are not 

part of the authorized program and EPA 

cannot enforce them. Although you 

must comply with these requirements in 

accordance with State law, they are not 

RCRA requirements. 

Non-Delegable Federal Rules 

Finally, there are certain nondelegable provisions for which New 

York is not seeking authorization. These 

provisions include the EPA Manifest 

Registry functions at 40 CFR 262.21 

adopted by reference at 6 NYCRR 

372.2(b)(9) and 370.1(e)(3), and the EPA 

notification requirements for exports 

and imports of hazardous waste adopted 

at 6 NYCRR 372.5(j)(5), 

372.3(b)(7)(i)(‘d’), 373–2.5(b)(1)(i)(‘c’) 

and 373–3.5(b)(1)(i)(‘c’) [analogs to 40 

CFR 262.60(e), 263.20(g)(4), 264.71(a)(3) 

and 265.71(a)(3), respectively]. These 

Federal rules will continue to be the 

applicable 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 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 Review—The Office of 

Management and Budget has exempted 

this rule from its review under 

Executive Order 12866 (56 FR 51735, 

October 4, 1993). 

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 

today’s 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 

Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 31385 

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. 104–4). 

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). 

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 August 31, 2009. 

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: May 19, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

[FR Doc. E9–15543 Filed 6–30–09; 8:45 am] 

BILLING CODE 6560–50–P