[Code of Federal Regulations] [Title 40, Volume 26] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR272.1651] [Page 402-404] TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 272_APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS--Table of Contents Subpart HH_New York 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, and January 15, 2002. (b) State Statutes and Regulations. (1) The New York regulations cited in paragraph (b)(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. This incorporation by reference is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the New York regulations that are incorporated by reference in this paragraph are available from West Group, 610 Opperman Drive, Eagan, MN 55123, ATTENTION: D3-10 (Phone : 1-800-328-9352). (i) The Binder entitled ``EPA Approved New York Regulatory Requirements Applicable to the Hazardous Waste Management Program'', dated January 2002. (ii) [Reserved] (2) The following provisions provide the legal basis for the State's implementation of the hazardous waste management program, but they are not being incorporated by reference and do not replace Federal authorities: (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume, as revised by the 1999 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)(a), (b), (d)-(j), (l), (m) and (q); 3-0301(4); 19-0301(1) (except 19- 0301(c), (e) and (f)); 19-0303(1)-(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; 70-0101; 70-0103; 70-0105 (except 70-0105(3) and 70-0105(6)); 70-0107(1) and (2); 70-0107(3) (except 70-0107(3)(a)-(k), (m) and (n)); 70-0109; 70-0113; 70-0115 (except (2)(c) and (d)); 70-0117; 70-0119; 70-0121; 71-0301; 71- 1719; 71-2705; 71-2707; 71-2709 through 71-2715; 71-2717; 71-2720; and 71-2727. [[Page 403]] (ii) McKinney's Consolidated Laws of New York, Book 46, Public Officers Law (POL), as amended through 1999: sections 87 and 89. (iii) McKinney's Consolidated Laws of New York, Book 7B, Civil Practice Law and Rules (CPLR), as amended through 1999: sections 6301; 6311; and 6313. (iv) Title 6, New York Codes, Rules and Regulations (6 NYCRR), Volume A-2A, Hazardous Waste Management System, as initially published on January 1, 1999 and amended through March 15, 1999: sections 372.1(f); 373-1.1(f) and (g); 373-1.4(b); 373-1.4(d)-(f); 373-1.6(c)(1)- (3); 373-1.9 (except (a)(2)(iii); (iv) and (vi)); 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, and are not incorporated by reference: (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume: sections 27-0301; 27-0303; 27-0305; 27-0307; 27-0909(5); 27-0923; and 27-0925. (ii) Title 6, New York Codes, Rules and Regulations (6 NYCRR), Volume A-2A, Hazardous Waste Management System, as initially published on January 1, 1999 and amended through March 15, 1999: Section 371.4(e); 372.3(a)(1); 372.3(a)(4); 372.3(b)(6)(iv); 372.3(d)(3); 373- 1.1(d)(1)(x); 373-1.4(c); and 373-2.15(a)(2). (iii) Throughout New York's hazardous waste regulations, the State cross-references Part 364, which sets forth additional transporter requirements including permit and liability requirements (for examples, see 6 NYCRR Sec. Sec. 372.2(b)(8), 373-1.7(h)(3), 374-3.3(i)(1) and (2), 374-3.4(a) and 374-3.6(a)(1)). The transporter permit and liability requirements are broader in scope than the Federal program. (4) Unauthorized State Amendments. (i) The authorized provisions at sections 370.2(b)(72), 370.2(b)(184), 371.1(c)(7), 373-1.3(d)(3), 373- 2.8(a)(3), 373-2.27(e)(4)(i)(c) and (e)(6), 373-2.28(n)(4)(ii), 373- 3.27(e)(4)(i)(c) and (e)(6), 373-3.28(n)(4)(ii) and 374-1.8(h) of 6 NYCRR, as initially published on January 1, 1999, and amended through March 15, 1999, include amendments that are not approved by EPA. Such unauthorized amendments are not part of the State's authorized program and are, therefore, not Federally enforceable. Thus, notwithstanding the language in the New York hazardous waste regulations incorporated by reference at paragraph (b)(1)(i) of this section, EPA will enforce the State regulations that are actually authorized by EPA. The effective dates of the State's authorized provisions are listed in the following Table: Title 6, New York Codes, Rules and Regulations (6 NYCRR) ------------------------------------------------------------------------ Effective State citation Description date ------------------------------------------------------------------------ 370.2(b)(72) [Authorized Definition of ``Federal 7/14/85 provision previously at agency''. 370.2(b)(54)]. 370.2(b)(184) [Authorized Definition of ``Thermal 7/14/85 provision previously at treatment''. 370.2(b)(137)]. 371.1(c)(7)...................... Definition of ``Solid 7/1/86 Waste''. Documentation of claims for exemption. 373-1.3(d)(3).................... Submission of 7/14/85 applications. 373-2.8(a)(3).................... Financial Requirements. 7/14/85 States and Federal government are exempt from the requirements of this section. 373-2.27(e)(4)(i)(c)............. Test Methods and 1/14/95 Procedures. 373-2.27(e)(6)................... Test Methods and 1/14/95 Procedures. 373-2.28(n)(4)(ii)............... Test Methods and 1/14/95 Procedures. 373-3.27(e)(4)(i)(c)............. Test Methods and 1/14/95 Procedures. 373-3.27(e)(6)................... Test Methods and 1/14/95 Procedures. 373-3.28(n)(4)(ii)............... Test Methods and 1/14/95 Procedures. 374-1.8(h)....................... Standards to control 1/14/95 hydrogen chloride (HCl) and chlorine gas ``(CI2)'' emissions. ------------------------------------------------------------------------ [[Page 404]] (ii) The actual State regulatory text authorized by EPA (i.e., without the unauthorized amendments) is available as a separate document, Addendum to the EPA Approved New York Regulatory Requirements Applicable to the Hazardous Waste Management Program, January 2002. This document is available from EPA Region 2, EPA Region 2 Library, 290 Broadway, 16th Floor, New York, New York 10007, Phone number: (212) 637- 3185. (5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 2 and the State of New York, signed by the Commissioner of the State of New York Department of Environmental Conservation on July 20, 2001, and by the EPA Regional Administrator on January 16, 2002, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (6) Statement of Legal Authority. ``Attorney General's Statement for Final Authorization'', signed by the Attorney General of New York in 1985 and revisions, supplements and addenda to that Statement dated August 18, 1988, July 26, 1989, August 15, 1991, October 11, 1991, July 28, 1994, May 30, 1997, and February 5, 2001, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (7) Program Description. The Program Description and any other materials submitted as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. [67 FR 49867, Aug. 1, 2002]