[Federal Register: January 11, 2005 (Volume 70, Number 7)]
[Rules and Regulations]
[Page 1825-1830]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja05-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7857-8]
New York: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: New York 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 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 get 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 get 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 March 14,
2005, unless EPA receives adverse written comment by February 10, 2005.
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rule that is not withdrawn will take effect.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 FRL-7857-8 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@epamail.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.
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.
Instructions: Direct your comments to FRL-7857-8. 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 regulations.gov, or e-mail. The Federal
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 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 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@epamail.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 266, 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.
[[Page 1826]]
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 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) and January 15, 2002 (66 FR
57679).
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 May 15, 2003,
subdivisions 1 and 2 of section 71-2705 of the Environmental
Conservation Law were amended. Amendments to subdivision 1 increased
penalties for civil and administrative sanctions, while amendments to
subdivision 2 increased fines for criminal sanctions.
G. What Changes Are We Authorizing With Today's Action?
On May 22, 2002, New York submitted a program revision application,
seeking authorization of its changes in accordance with 40 CFR 271.21.
New York's revision application includes changes to the Federal
Hazardous Waste program, as well as 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 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. These provisions are analogous to RCRA regulations found in
the 1999 edition of Title 40 of the CFR. 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 April
10, 2004.
1. Program Revisions
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Description of Federal
Requirement (Revision Analogous State regulatory authority \2\
Checklists \1\)
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RCRA CLUSTER \3\ VII
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Hazardous Waste Management Title 6 New York Codes, Rules and
System; Testing and Regulations (6 NYCRR) 370.1(e)
Monitoring Activities (6/13/ introductory paragraph, 370.1(e)(1)(i),
97, 62 FR 32452; Revision 370.1(e)(1)(vii)-(xiv),
Checklist 158). 370.1(e)(1)(xvii), 370.1(e)(5)(i),
370.1(e)(6)(i), 370.1(e)(8)(i),
370.1(e)(8)(v) and (vi), 373-
2.27(e)(4)(i)(`c'), 373-2.27(e)(6), 373-
2.28(n)(4)(ii), 373-2 Appendix 33,
Footnote 5, 373-3.27(e)(4)(i)(`c'), 373-
3.27(e)(6), 373-3.28(n)(4)(ii), 374-
1.8(e)(5)(i), 374-1.8(g)(7)(i) and (ii),
374-1.8(h)(6), and 374-1 Appendix 49.
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RCRA CLUSTER VIII
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Organic Air Emission NYCRR 373-1.5(a)(2)(v), 373-
Standards for Tanks, Surface 2.2(g)(2)(iv), 373-2.5(c)(2)(vi), 373-
Impoundments, and 2.27(a)(2)(iii), 373-2.27(a)(3) and
Containers; Clarification (a)(4), 373-2.27(b)(21), 373-
and Technical Amendment (12/ 2.27(d)(1)(ii)(`a')-(`d'), 373-
8/97, 62 FR 64636; Revision 2.28(a)(2)(iii), 373-2.28(a)(3) and
Checklist 163). (a)(6), 373-2.28(k), 373-
3.29(i)(3)(iii)(`b'), 373-
3.29(i)(3)(vii), 373-3.29(k)(1), 373-
3.29(k)(2)(i)(`b')(`2'), 373-
3.29(k)(6)(i), 373-3.29(k)(10), and 373
Appendix 55.
(More stringent provisions: 373-
2.29(c)(3)(iv)(`b') and 373-
3.29(d)(3)(iv)(`b').)
[[Page 1827]]
National Emission Standards 6 NYCRR 371.1(e)(1)(xv).
for Hazardous Air Pollutants
for Source Category: Pulp
and Paper Production;
Effluent Limitations
Guidelines, Pretreatment
Standards, and New Source
Performance Standards: Pulp,
Paper, and Paperboard
Category (4/15/98 63 FR
18504; Revision Checklist
164).
Land Disposal Restrictions 6 NYCRR 376.1(b)(xii), 376.1(c)(4),
Phase IV--Treatment 376.3(b)(1)-(3), (5) and (6),
Standards for Metal Wastes 376.4(a)(5) and (8), 376.4(a)/Table, and
and Mineral Processing 376.4(j)/Table UTS.
Wastes (5/26/98, 63 FR (More stringent provisions:
28556; Revision Checklist 376.3(b)(5)(iii).)
167 A).
Land Disposal Restrictions 6 NYCRR 376.1(b)(1)(xiv), 376.1(g)(1)(i)-
Phase IV--Hazardous Soils (g)(1)(iii)(`b'), 376.1(g)(1)(iv),
Treatment Standards and 376.1(g)(1)(iv)/Table, 376.1(g)(1)(v)
Exclusions (5/26/98, 63 FR and (vi), 376.1(g)(2)(i)-(g)(2)(iii),
28556; Revision Checklist 376.1(g)(2)(iv) introductory paragraph,
167 B). 376.1(g)(5), 376.4(e)(8)(iii)-(v) and
376.4(k)(1)-(5).
Land Disposal Restrictions 6 NYCRR 376.1(d)(1)(ii)(`b') and (`c'),
Phase IV--Corrections (5/26/ 376.1(g)(1)(vii), 376.1(g)(2)(iii)(`b')/
98, 63 FR 28556, as amended Table, 376.1(g)(2)(iv)(`d') and (`e'),
6/8/98, 63 FR 31266; 376.1(g)(2)(v) and (vi), 376.4(a)(5),
Revision Checklist 167 C). 376.4(a)/Table, 376.4(c)(1), 376.4(g)(1)
introductory paragraph, 376.4(g)(4)(iii)
and (iv), and 376.4(j)/table.
Land Disposal Restrictions 6 NYCRR 371.1(d)(1)(ii)(`a') and (`c'),
Phase IV--Bevill Exclusion 371.1(e)(2)(vi) introductory paragraph
Revisions and Clarifications through (vi)(`b')(`20') and
(5/26/98, 63 FR 28556; 371.1(e)(2)(vi)(`c'). 2.28(m)(2)(ii) and
Revision Checklist 167 E). (iii), 373-2.28(o)(7)(vi), 373-
2.28(o)(13), 373-2.29(a)(2)(i), 373-
2.29(a)(3), 373-2.29(c)(2), 373-
2.29(c)(3)(ii)(`i'), 373-
2.29(c)(3)(iii), 373-
2.29(c)(3)(iv)(`b'), 373-2.29(d)(1)(ii),
373-2.29(d)(2)(i), 373-
2.29(e)(3)(ii)(`c') introductory
paragraph, 373-2.29(e)(3)(ii)(`c')(`2'),
373-2.29(e)(5)(iv), 373-
2.29(e)(6)(iii)(`a')(`4')(`iv'), 373-
2.29(e)(6)(iii)(`c'), 373-
2.29(e)(6)(iv), 373-
2.29(e)(10)(ii)(`c'), 373-
2.29(f)(2)(ii), 373-2.29(f)(4)(i)(`c'),
373-2.29(f)(4)(ii)(`a')(`2'), 373-
2.29(f)(5)(ii)(`c'), 373-2.29(g)(3)(ii),
373-2.29(g)(3)(iv)(`a'), 373-
2.29(g)(4)(ii) and (iv)(`a'), 373-
2.29(g)(7), 373-2.29(h)(3)(iii)(`b'),
373-2.29(h)(3)(vii), 373-2.29(j)(1), 373-
2.29(j)(2)(i)(`b')(`2'), 373-
2.29(j)(6)(i), 373-2.29(j)(10), 373-
3.2(f)(2)(iv), 373-3.5(c)(2)(vi), 373-
3.27(a)(2)(iii), 373-3.27(a)(3), 373-
3.27(d)(1)(ii), 373-
3.27(d)(6)(ii)(`f')(`2'), 373-
3.28(a)(2)(iii), 373-3.28(a)(5), 373-
3.28(k), 373-3.28(m)(2)(ii) and (iii),
373-3.28(o)(7)(vi), 373-3.28(o)(13), 373-
3.29(a)(2)(i) and (a)(3), 373-
3.29(b)(11) and (c), 373-3.29(d)(2), 373-
3.29(d)(3)(ii)(`a') and (`i'), 373-
3.29(d)(3)(iii), 373-
3.29(d)(3)(iv)(`b'), 373-3.29(e)(1)(ii),
373-3.29(e)(1)(iii)(`b')(`2'), 373-
3.29(e)(1)(iii)(`c') introductory
paragraph and (`1'), 373-
3.29(e)(1)(iii)(`c')(`6'), 373-
3.29(e)(1)(iii)(`c')(`7') introductory
paragraph and (`i'), 373-
3.29(e)(1)(iii)(`d') and (`e'), 373-
3.29(e)(1)(iv)(`d'), 373-3.29(e)(2)(i),
373-3.29(e)(2)(iii)(`b')(`2'), 373-
3.29(e)(2)(iii)(`c') introductory
paragraph, 373-3.29(e)(2)(iii)(`c')(`6')
and (`7'), 373-3.29(e)(2)(iii)(`d') and
(`e'), 373-3.29(e)(2)(viii)(`c'), 373-
3.29(e)(2)(ix)(`d'), 373-
3.29(e)(4)(v)(`b'), 373-
3.29(f)(3)(ii)(`c') introductory
paragraph, 373-3.29(f)(3)(ii)(`c')(`2'),
373-3.29(f)(5)(iv), 373-
3.29(f)(6)(iii)(`a')(`4')(`iv'), 373-
3.29(f)(6)(iv), 373-
3.29(f)(10)(ii)(`c'), 373-
3.29(g)(2)(ii), 373-3.29(g)(4)(i)(`c'),
373-3.29(g)(4)(ii)(`a')(`2'), 373-
3.29(g)(5)(ii)(`c'), 373-
3.29(h)(3)(iv)(`a'), 373-
3.29(h)(4)(iv)(`a'), 3733.29(h)(7), 373-
Land Disposal Restrictions 6 NYCRR 371.1(e)(1)(ix)(`c').
Phase IV--Exclusion of
Recycled Wood Preserving
Wastewaters (5/26/98, 63 FR
28556; Revision Checklist
167 F).
Hazardous Waste Combustors; 6 NYCRR 371.1(e)(1)(xvii), 371.4(i), 373-
Revised Standards; Part 1: 1.3(g)(2)(viii), 373-1.7(c)(12)(iii),
RCRA Comparable Fuel 373-1.7(j) introductory paragraph, and
Exclusion; Permit 371.7(j)(1).
Modifications for Hazardous (More stringent provisions: 373-
Waste Combustion Units; 1.7(c)(12)(iii).)
Notification of Intent To
Comply; Waste Minimization
and Pollution Prevention
Criteria for Compliance
Extensions (6/19/98, 63 FR
33782; Checklist 168).
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RCRA CLUSTER IX
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Hazardous Waste Management 6 NYCRR 371.1(d)(1)(ii)(`d')(`3'),
System; Identification and 371.1(d)(3)(ii)(`b')(`2'),
Listing of Hazardous Waste; 371.1(d)(3)(ii)(`b')(`5'),
Petroleum Refining Process 371.1(e)(1)(xii)(`a') and (`b'),
Wastes; Land Disposal 371.1(e)(1)(xvii)-(xviii),
Restrictions for Newly 371.1(g)(1)(iii)(`d')(`3'),
Identified Wastes; and 371.1(g)(1)(iii)(`e'), 371.4(b)(1),
CERCLA Hazardous Substance 371.4(c), and 371 Appendix 22, 374-
Designation and Reportable 1.8(a)(2)(iii), 376.2(a) and (b),
Quantities (8/6/98, 63 FR 376.3(d)(1), and 376.4(a).
42110, as amended 10/9/98,
63 FR 54356; Revision
Checklist 169).
Hazardous Waste Recycling; 6 NYCRR 370.1(e)(2)(v) and 376.4(a)(9).
Land Disposal Restrictions
(8/31/98, 63 FR 46332;
Revision Checklist 170).
[[Page 1828]]
Emergency Revision of the 6 NYCRR 376.4(a)(7), 376.4(a)(9), 376.4/
Land Disposal Restrictions Table and 376.4(j)(1)/Table UTS.
(LDR) Treatment Standards
for Listed Hazardous Wastes
from Carbamate Production (9/
4/98, 63 FR 47410; Revision
Checklist 171).
Characteristic Slags 6 NYCRR 376.3(b)(2), (3), (5) and (6).
Generated From Thermal
Recovery of Lead by
Secondary Lead Smelters;
Land Disposal Restrictions;
Extension of Compliance Date
(9/9/98, 63 FR 48124;
Revision Checklist 172).
Land Disposal Restrictions: 6 NYCRR 376.3(g)(3) and 376.4(a)/Table.
Treatment Standards for
Spent Potliners from Primary
Aluminum Reduction (K088) (9/
24/98, 63 FR 51254; Revision
Checklist 173).
Standards Applicable to 6 NYCRR 373-1.2(e) introductory paragraph
Owners and Operators of and (e)(3), 373-1.5(a)(1), 373-1.5(o),
Closed and Closing Hazardous 373-2.6(a)(5) and (6), 373-2.7(a)(3),
Waste Management Facilities: 373-2.7(c)(2)(viii), 373-
Post-Closure Permit 2.7(c)(3)(ii)(`d'), 373-2.7(h)(2)(iv),
Requirement and Closure 373-2.7(h)(4)(ii)(`d'), 373-2.8(a)(4),
Process (10/22/98, 63 FR 373-3.6(a)(6), 373-3.7(a)(3) and (a)(4),
56710; Revision Checklist 373-3.7(c)(2)(viii), 373-
174). 3.7(c)(3)(i)(`d'), 373-3.7(h)(3)(iv) and
(v), 373-3.7(h)(4)(i)(`c'), 373-3.7(k),
and 373-3.8(a)(4).
Hazardous Remediation Waste 6 NYCRR 370.2(b)(37), 370.2(b)(70),
Management Requirements 370.2(b)(124), 370.2(b)(157)-(b)(159),
(HWIR Media) (11/30/98, 63 370.2(b)(179), 373-1.3(h)(1), 373-
FR 65874; Revision Checklist 1.4(a)(5)(iv)(`a') and (`b'), 373-
175). 1.7(c)(15), 373-1.9(e), 373-1.11, 373-
2.1(a)(9), 373-2.5(c)(2)(xvii), 373-
2.6(l)(4), 373-2.19(a)(1), 373-
2.19(b)(1), 373-2.19(c), 373-3.1(a)(2),
376.1(b)(1)(iii), 376.5(a)(7), 621.3,
621.6, 621.7(a), (c) and (d),
621.9(a)(2), 621.13, and 621.14.
(More stringent provisions: 373-
1.7(c)(15), 373-1.11(b)(2)(iii) and
(b)(2)(iv), 373-1.11(d)(4)(i) intro.-
(d)(4)(i)(`e'), 373- 1.11(e)(1)(i)-(iii)
introductory paragraph, 373-
1.11(e)(1)(iv) and (vii), 373-
1.11(f)(3)(i), 373-1.11(g)(1)(iii),
621.6, 621.13, 621.14.)
Universal Waste Rule 6 NYCRR 374-1.7(a)(1), 374-1.7(a)(1)/
(Hazardous Waste Management Table, 374-1.7(a)(2) and 374-3.1(i)(9).
System; Modification of the
Hazardous Waste Recycling
Regulatory Program) (12/24/
98, 63 FR 71225; Revision
Checklist 176).
Hazardous Waste Treatment, 6 NYCRR 373-1.1(d)(1)(iii)(`c')(`1'), 373-
Storage, and Disposal 2.27(b)(12), 373-2.27(b)(25), 373-
Facilities and Hazardous 2.27(b)(30), 373-2.29(a)(2)(v), 373-
Waste Generators; Organic 2.29(d)(1)(i)(`a') and (`b'), 373-
Air Emission Standards for 2.29(d)(2)(i)(`a') and (`b'), 373-
Tanks, Surface Impoundments, 2.29(e)(8)(iii), 373-2.29(g)(5)(vi), 373-
and Containers (1/21/99, 64 3.29(a)(2)(v), 373-3.29(e)(1)(i)(`a')
FR 3382; Revision Checklist and (`b'), 373-3.29(e)(1)(iii)(`b')(`2')
177). and (`4'), 373-3.29(e)(1)(iii)(`c'), 373-
3.29(e)(2)(i)(`a') and (`b'), 373-
3.29(e)(2)(iii)(`b')(`2') and (`4'), 373-
3.29(e)(2)(iii)(`c'), 373-
3.29(f)(8)(iii), and 373-3.29(h)(5)(vi).
Hazardous Waste Management 6 NYCRR 371.1(e)(2)(xiii).
System; Identification and
Listing of Hazardous Waste;
Petroleum Refining Process
Wastes; Exemption for
Leachate from Non-Hazardous
Waste Landfills (2/11/99, 64
FR 6806; Revision Checklist
178).
Land Disposal Restrictions-- 6 NYCRR 371.1(c)(4)(iii), 371.1(c)(4)
Phase IV: Treatment Table 1, 371.1(c)(6)(i)(`c'),
Standards for Wood 371.1(e)(2)(vi)(`c'),
Preserving Wastes, Treatment 371.1(e)(2)(vi)(`c')(`1'),
Standards for Metal Wastes, 372.2(a)(8)(iii)(`d'),
Zinc Micronutrient 376.1(b)(1)(viii), 376.1(b)(1)(xiv),
Fertilizers, Carbamate 376.1(g)(1)(iv)/Table,
Treatment Standards, and 376.1(g)(2)(iii)(`b')/Table,
K088 Treatment Standards (5/ 376.1(g)(2)(iv)(`d'), 376.1(h)(4)(ii),
11/99, 64 FR 25408; Revision 376.1(h)(4)(ii)(`a'), 376.4(a)(9) and
Checklist 179). (a)(10), 376.4(a)/Table TSHW, (j)(1) and
376.1(k)(3)(iii).
Guidelines for Establishing 6 NYCRR 370.1(e)(8)(i) and (vii).
Test Procedures for the
Analysis of Oil and Grease
and Non-Polar Material Under
the Clean Water Act and
Resource Conservation and
Recovery Act (5/14/99, 64 FR
26315; Revision Checklist
180).
------------------------------
RCRA CLUSTER X
------------------------------------------------------------------------
Hazardous Waste Management 6 NYCRR 370.2(b)(109), 370.2(b)(206),
System; Modification of the 371.1(j)(1)(ii)-(j)(1)(iv), 373-
Hazardous Waste Program; 1.1(b)(4)(ii)-(b)(4)(iv), 373-
Hazardous Waste Lamps (7/6/ 2.1(a)(7)(ii)-(iv), 373-3.1(a)(9)(ii)-
99, 64 FR 36466; Revision (vi), 374-3.1(a)(1)(ii)-(iv), 374-
Checklist 181). 3.1(b)(1)(i), 374-3.1(b)(2)(ii) and
(iii), 374-3.1(c)(1), 374-3.1(d)(1), 374-
3.1(e)-(h), 374-3.1(i)(5) and (6), 374-
3.1(i)(9), 374-3.1(i)(11), 374-3.2(a),
374-3.2(d)(4), 374-3.2(e)(5), 374-
3.3(a), 374-3.3(b)(2)(iv), 374-
3.3(c)(2)(v), 374-3.3(d)(4), 374-
3.3(e)(5), 374-3.4(a), 374-3.5(a), 374-
3.7(b)(1) and 376.1(a)(10)(ii)-(iv).
------------------------------------------------------------------------
\1\ A 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/epaoswer/hazwaste/state.
\2\ The New York provisions are from the Title 6 of the New York Codes,
Rules and Regulations (6 NYCRR), as amended through April 10, 2004.
\3\ A RCRA ``Cluster'' is a set of Revision Checklists for Federal
rules, typically promulgated between July 1 and June 30 of the
following year.
[[Page 1829]]
2. State-Initiated Changes
Except for the changes at 6 NYCRR Sec. Sec. 372.3(a)(5) and
372.3(a)(7)(i)-(ii), 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. At 6 NYCRR Sec. 372.3(a)(5) and 372.3(a)(7)(i)-(ii),
the State was required to remove and revise language as a result of a
lawsuit in Federal court which determined that New York State could not
limit the ability of a transporter to mix loads. While this change
results in making the State provision more like the Federal, it is a
special case and warranted distinction from the other State-initiated
changes.
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 April 10, 2004.
Part 370--Hazardous Waste Management System--General: Sections
370.1(e)(1)(xvii) and 370.4(a)(1) and (b)(1).
Part 371--Identification and Listing of Hazardous Waste: Sections
371.1(a)(10), (c)(4) Table 1, (d)(1)(ii)(`a') and Appendix 24, Table 2.
Part 372--Hazardous Waste Manifest System and Related Standards or
Generators, Transporters and Facilities: Sections 372.3(a)(5),
(a)(7)(i) and (ii), 372.5(d)(6), 372.7(b)(3), (c)(1)(ii),
(c)(1)(iii)(`b')(`2') and (c)(2).
Part 373, Subpart 373-1--Hazardous Waste Treatment, Storage and
Disposal Facility Permitting Requirements: Sections 373-
1.1(d)(1)(viii), (d)(2)(i)(`b') and (d)(2)(iii)(`b').
Part 373, Subpart 373-3--Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment, Storage and Disposal
Facilities: Section 373-3.2(j)(4).
H. Where Are the Revised State Rules Different From the Federal 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 on the chart in Section G
and in the State's authorization application, and include, but are not
limited to, the following:
1. At 6 NYCRR Sec. Sec. 373-2.29(c)(3)(iv)(`b') and 373-
3.29(d)(3)(iv)(`b'), New York requires State approval subsequent to
approval by U.S. EPA of an equivalent treatment method (40 CFR
264.1082(c)(4)(ii) and 265.1083(c)(4)(ii)).
2. At 6 NYCRR 373-1.11, New York has adopted and is seeking
authorization for Remedial Action Plans (40 CFR part 270, subpart H
(270.79 through 270.230)) introduced by the November 30, 1998, final
rule (63 FR 65874; Revision Checklist 175). However, the Uniform
Procedures Act at 6 NYCRR Part 621 implements a permitting process,
applicable to all RCRA permits including RAPs, that is different and in
some aspects more stringent than the federal permitting procedure. For
example:
a. At 6 NYCRR Sec. Sec. 373-1.11(d)(4)(i)(`b') and (`c'), pursuant
to the Public notice and comment procedures at 6 NYCRR Sec. 621.6, New
York requires a permit applicant to complete public notice requirements
that are assigned to the permitting agency in the Federal program (40
CFR 270.145(a)(2) and (3)).
b. The Department may choose to modify, revoke, reissue or
terminate a final RAP or deny a renewal application for the reasons
listed at 6 NYCRR Sec. 373-1.11(e)(1)(iii) and the additional reasons
listed at 6 NYCRR Sec. 621.14 (40 CFR 270.175(a)).
3. At 6 NYCRR Sec. 373-1.11(f)(3)(i), New York requires the owner
or operator to submit the request for transferring the Remedial Action
Plan to a new owner or operator at least 180 days in advance (40 CFR
270.220(a)).
We consider the following State requirements to be beyond the scope
of the Federal program:
1. 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 (November 30, 1998, final rule, 63 FR 65874; Revision
Checklist 175). Instead, the State subjects these materials to full
regulation as hazardous wastes.
2. New York State regulations do not incorporate the Mineral
Processing Secondary Materials Exclusion at 40 CFR 261.4(a)(17)
(originally introduced at 261.4(a)(16)) and the changes affecting 40
CFR 261.2(c)(3) and (c)(4)/Table, and 261.2(e)(1)(iii) addressed by the
May 26, 1998, final rule (63 FR 28556; Revision Checklist 167D). Since
New York did not adopt the exclusion at 40 CFR 261.4(a)(17) the State
will have a broader in scope program because the effect is to include
materials that are not considered solid waste by EPA.
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.
Finally, at 6 NYCRR 376.4(e) New York has adopted but is not
seeking authorization for 40 CFR 268.44 which contains two types of
variances. New York has left the authority with EPA to review and
approve the non-delegable general treatment standard variances at 40
CFR 268.44(a)-(g) as well as the delegable site-specific variances at
40 CFR 268.44(h)-(m). However, New York is more stringent because it
requires the State to review and approve treatment variances subsequent
to EPA approval. Note that New York has also adopted, but is not
seeking authorization for the amendments to both types of treatment
variances addressed by the December 5, 1997 final rule (62 FR 64504;
Revision Checklist 162).
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
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 Sec. 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,
[[Page 1830]]
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 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 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 12132 (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 March 14, 2005.
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: November 23, 2004.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.
[FR Doc. 05-504 Filed 1-10-05; 8:45 am]
BILLING CODE 6560-50-P