[Federal Register Volume 67, Number 148 (Thursday, August 1, 2002)]
[Rules and Regulations]
[Pages 49864-49869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18990]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[FRL-7232-3]
New York: Incorporation by Reference of State Hazardous Waste
Management Program
AGENCY: Environmental Protection Agency (EPA).
[[Page 49865]]
ACTION: Immediate final rule.
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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. Today's 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 September 30, 2002, unless EPA
receives adverse written comment on the codification of the New York
authorized RCRA program by the close of business September 3, 2002. If
EPA receives such comments, it will publish a timely withdrawal of this
immediate final rule in the Federal Register informing the public that
this rule will not take effect. The incorporation by reference of
authorized provisions in the New York regulations contained in this
rule is approved by the Director of the Federal Register as of
September 30, 2002 in accordance with 5 U.S.C. 552(a) and 1 CFR part
51.
ADDRESSES: Send written comments to Michael Infurna, Division of
Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd
Floor, New York, NY 10007, Phone number: (212) 637-4177. You can
inspect the records related to this codification effort in the EPA
Region 2 Library, 290 Broadway, 16th Floor, New York, NY 10007, Phone
number: (212) 637-3185. The public is advised to call in advance to
verify the business hours.
FOR FURTHER INFORMATION CONTACT: Michael Infurna, Division of
Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd
Floor, New York, NY 10007, Phone number: (212) 637-4177.
SUPPLEMENTARY INFORMATION:
A. What Is Codification?
Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
EPA codifies its authorization of State programs in 40 CFR part 272 and
incorporates by reference State regulations that EPA will enforce under
sections 3007 and 3008 of RCRA and any other applicable statutory
provisions.
The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.
B. What Has New York Previously Been Authorized for?
New York initially received Final authorization effective on May
29, 1986 (51 FR 17737, May 15, 1986) to implement its base hazardous
waste management program. New York received authorization for revisions
to its program effective July 3, 1989 (54 FR 19184, May 4, 1989), May
7, 1990 (55 FR 7896, March 6, 1990), October 29, 1991 (56 FR 42944,
August 30, 1991), May 22, 1992 (57 FR 9978, March 23, 1992), August 28,
1995 (60 FR 33753, June 29, 1995), October 14, 1997 (62 FR 43111,
August 12, 1997) and January 15, 2002 (66 FR 57679, November 16, 2001).
C. What Codification Decisions Have We Made in This Rule?
The purpose of today's Federal Register document is to codify New
York's base hazardous waste management program and its seven revisions
to that program. EPA provided notices and opportunity for comments on
the Agency's decisions to authorize the New York program, and EPA is
not now reopening the decisions, nor requesting comments, on the New
York authorizations as published in the Federal Register notices
specified in Section B of this document.
This document incorporates by reference New York's hazardous waste
regulations and clarifies which of these provisions are included in the
authorized and Federally enforceable program. By codifying New York's
authorized program and by amending the Code of Federal Regulations, the
public will be more easily able to discern the status of Federally
approved requirements of the New York hazardous waste management
program.
To codify EPA's approval of New York's hazardous waste management
program, EPA is adding Subpart HH to 40 CFR part 272. Section 272.1651
incorporates by reference New York's authorized hazardous waste
regulations. Section 272.1651 also references the statutory provisions
(including procedural and enforcement provisions) which provide the
legal basis for the State's implementation of the hazardous waste
management program, the Memorandum of Agreement, the Attorney General's
Statements and the Program Description, which are approved as part of
the hazardous waste management program under Subtitle C of RCRA.
D. What Is the Effect of New York's Codification on Enforcement?
The Agency retains its 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 authorized
States. With respect to these actions, the Agency will rely on Federal
sanctions, Federal inspection authorities, and Federal procedures
rather than any authorized State analogues to these provisions.
Therefore, the EPA is not incorporating by reference such particular,
approved New York procedural and enforcement authorities. Section
272.1651(b)(2) of 40 CFR lists the statutory provisions which provide
the legal basis for the State's implementation of the hazardous waste
management program, as well as those procedural and enforcement
authorities that are part of the State's approved program, but these
are not incorporated by reference.
E. What State Provisions Are Not Part of the Codification?
The public needs to be aware that some provisions of New York's
hazardous waste management program are not part 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; and
(3) New unauthorized State requirements.
State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and EPA will not
enforce them. Therefore, they are not incorporated by reference in 40
CFR part 272. For
[[Page 49866]]
reference and clarity, 40 CFR 272.1651(b)(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 codified. ``Broader in scope'' provisions cannot be enforced by
EPA; the State, however, 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.
In those instances where New York has made unauthorized amendments
to previously authorized sections of State code, EPA is identifying in
40 CFR 272.1651(b)(4) any regulations which, while adopted by the State
and incorporated by reference, include language not authorized by EPA.
Those unauthorized portions of the State regulations are not Federally
enforceable. Thus, notwithstanding the language in the New York
hazardous waste regulations incorporated by reference at 40 CFR
272.1651(b)(1), EPA will only enforce those portions of the State
regulations that are actually authorized by EPA. For the convenience of
the regulated community, the actual State regulatory text authorized by
EPA for the citations listed at 272.1651(b)(4) (i.e., without the
unauthorized amendments) is compiled 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.
State regulations that are not incorporated by reference in today's
rule at 40 CFR 272.1651(b)(1), or that are not listed in 40 CFR
272.1651(b)(3) (``broader in scope'') or 40 CFR 272.1651(b)(4)
(``unauthorized amendments to authorized State provisions''), are
considered new unauthorized State requirements. These requirements are
not Federally enforceable.
With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.
F. What Will Be the Effect of Federal HSWA Requirements on the
Codification?
The Agency is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by EPA (50 FR 28702, July 15, 1985).
EPA has the authority to implement HSWA requirements in all States,
including authorized States, until the States become authorized for
such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), EPA
will wait until the State receives authorization for its analog to the
new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
Some existing State requirements may be similar to the HSWA
requirement implemented by EPA. However, until EPA authorizes those
State requirements, EPA can only enforce the HSWA requirements and not
the State analogs. EPA will not codify those State requirements until
the State receives authorization for those requirements.
G. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
rule incorporates by reference New York's authorized hazardous waste
management regulations 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.). Because
this rule merely incorporates by reference certain 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). For the same
reason, this action also does not have tribal implications within the
meaning of Executive Order 13175 (65 FR 67249, November 6, 2000). It
does not have substantial direct effects on tribal governments, on the
relationship between the Federal government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This action will not have 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, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely incorporates by reference existing
authorized State hazardous waste management program requirements
without altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
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. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for
[[Page 49867]]
affected conduct. EPA has complied with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the takings implications of the rule
in accordance with the ``'Attorney General's Supplemental Guidelines
for the Evaluation of Risk and Avoidance of Unanticipated Takings'''
issued under the executive order. 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.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
document and other required information 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 September 30, 2002.
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: May 30, 2002.
William J. Muszynski,
Deputy Regional Administrator, EPA Region 2.
For the reasons set forth in the preamble, 40 CFR part 272 is
amended as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
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).
2. Subpart HH is amended by adding 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, 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.
(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 Secs. 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
[[Page 49868]]
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
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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.
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(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.
3. Appendix A to part 272 is amended by adding in alphabetical
order, ``New York'' and its listing 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 initially published on
January 1, 1999, and amended through March 15, 1999
Please note the following:
(1) For a few regulations New York State made minor changes to
its regulations after March 15, 1999 and EPA authorized these
changes. These regulatory changes are found in official
``Supplements'' dated, November 15, 1999 and January 31, 2000, filed
with the New York Secretary of State. Authorized regulations that
include these later changes are noted below by inclusion in
parentheses of November 15, 1999 or January 31, 2000 after the
regulatory citation.
(2) For a few other 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 or January 14, 1995. 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 or January 14, 1995 after the
regulatory citations.
Part 370--Hazardous Waste Management System--General: Sections
370.1(a) (except (a)(3)); 370.1(b)-(d); 370.1(e) (except (e)(1)(xv),
(e)(1)(xvi) and (e)(6)(ii)-(iii)); 370.2(a); 370.2(b)(1);
370.2(b)(2) (January 31, 2000); 370.2(b)(3)-(b)(14), 370.2(b)(15)
``battery'; 370.2(b)(15) ``bedrock'' (January 31, 1992);
370.2(b)(17)-(b)(31); 370.2(b)(32) (January 31, 2000); 370.2(b)(33)-
(b)(54); 370.2(b)(56)-(b)(63); 370.2(b)(64) (November 15, 1999);
370.2(b)(65)-(b)(74); 370.2(b)(75) (January 31, 2000); 370.2(b)(76)-
(b)(91); 370.2(b)(94)-(b)(104); 370.2(b)(106)-(b)(123);
370.2(b)(125)-(b)(163); 370.2(b)(164) (January 31, 2000);
370.2(b)(165)-(b)(179); 370.2(b)(180) (January 31, 2000);
370.2(b)(181)-(b)(208); 370.2(b)(210); 370.2(b)(211); 370.2(b)(212)
(except the last sentence); 370.2(b)(213)-(b)(216); 370.3 (except
370.3(c)); 370.4 (except introductory paragraphs at (a)(1) and
(b)(1)); introductory paragraphs at 370.4(a)(1) and (b)(1) (January
31, 1992); and 370.5 (except (b)).
Part 371--Identification and Listing of Hazardous Waste:
Sections 371.1(a)-(c); 371.1(d) (except (d)(1)(ii)(e)); 371.1(e)
(except (e)(1)(iv)); 371.1(e)(1)(iv) (January 31, 2000);
371.1(f)(1)-(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) (except the phrase ``as defined in section 372.5 of
this Title, and provide a copy of'' in (g)(1)(iii)(a); 371.1(g)(2)-
(4); 371.1(h)-(j); 371.2; 371.3 (except (d)(1)(v); 371.3(d)(1)(v)
(January 31, 2000); and 371.4 (except (e)).
Part 372--Hazardous Waste Manifest System and Related Standards
for Generators, Transporters and Facilities: Sections 372.1(a)-(d);
372.1(e)(2)(ii)(c) (January 31, 1992); 372.1(e)(2)(iii)(c) (January
31, 1992); 372.1(e)(3)-(e)(8); 372.1(g) and (h); 372.2 (except
(a)(8)(vi)); 372.3 (except (a)(1), (a)(4), (a)(8), (b)(1)(ii),
(b)(5)(ii), (b)(6)(iv), (c)(4) and (d)(3)); 372.5 (except (h) and
(i)); 372.6; 372.7(a) and (b); 372.7(c) (except (c)(4)) (November
15, 1999); 372.7(c)(4); and 372.7(d) (except (d)(4)); 372.7(d)(4)
(January 31, 1992).
Part 373, Subpart 373-1--Hazardous Waste Treatment, Storage and
Disposal Facility Permitting Requirements: Sections 373-
[[Page 49869]]
1.1(a)-(c); 373-1.1(d) (except (d)(1)(iii)(b), (d)(1)(iii)(c)(6),
(d)(1)(iii)(d), (d)(1)(iv)(a) and (b), (d)(1)(x), (d)(1)(xvi) and
(xviii)); 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) (November 15, 1999); 373-
1.5(a)(2) (except (a)(2)(iii), (a)(2)(xiii), (a)(2)(xviii) and
(xix)); 373-1.5(a)(2)(iii), (a)(2)(xiii), (a)(2)(xix) (January 31,
2000); 373-1.5(a)(3) and (4); 373-1.5(b) and (c); 373-1.5(d) (except
(d)(3) and (d)(11)); 373-1.5(d)(11); (January 31, 2000); 373-1.5(e)-
(p) (except reserved paragraphs); 373-1.6 (except (c)(1)-(4)); 373-
1.7; 373-1.8; 373-1.9 (except (a)(2)(iii), (iv) and (vi)); 373-
1.9(a)(2)(iii), (iv) and (vi) (January 31, 2000); and 373-1.10.
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 the last sentence in (b)(1)(i)(b) and the entire provision
at (b)(1)(vii)); 373-2.5(c) (except (c)(2)(iv), (xi) and (xiii));
373-2.5(c)(2)(iv) (November 15, 1999); 373-2.5(c)(2)(xi) and (xiii)
(January 31, 2000); 373-2.5(d)-(g); 373-2.6; 373-2.7 (except 373-
2.7(c)(2)(iv) and (c)(3)(iii)); 373-2.7(c)(2)(iv) (November 15,
1999); 373-2.7(c)(3)(iii) (January 31, 2000); 373-2.8(a)-(e); 373-
2.8(f) (except (f)(1)(iii)(b)); 373-2.8(f)(1)(iii)(b) (November 15,
1999); 373-2.8(g); 373-2.8(h)(1) introductory paragraph (January 31,
2000); 373-2.8(h)(1)(i)-(vii); 373-2.8(h)(2) introductory paragraph
(January 31, 2000); 373-2.8(h)(2)(i)-(vii); 373-2.8(h)(3)-(6); 373-
2.8(h)(7) (except (h)(7)(i) introductory paragraph); 373-
2.8(h)(7)(i) introductory paragraph (January 31, 2000); 373-
2.8(h)(8)-(10); 373-2.8(i); 373-2.8(j) (except (j)(2), (j)(6)(ii)
and (j)(11)-(13); 373-2.8(j)(2) (January 14, 1995), 373-
2.8(j)(6)(ii) (January 14, 1995); and 373-2.8(j)(11)-(13) (January
14, 1995); 373-2.9; 373-2.10 (except last sentence in (g)(4)(i));
373-2.11; 373-2.12 (except 373-2.12(a)(1), (b)(1)(i)(a), (d),
(g)(2)) and (h)(1)); 373-2.12(a)(1) (January 31, 1992); 373-
2.12(b)(1)(i)(a) (January 31, 2000); 373-2.12(g)(2) (January 31,
1992); 373-2.12(h)(1) (January 31, 2000); 373-2.13; 373-2.14 (except
(c)(1)(i)); 373-2.14(c)(1)(i) (January 31, 1992); 373-2.15 (except
(a)(2)); 373-2.19; 373-2.23; 373-2.24; and 373-2.27 through 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 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 last
sentence in 373-3.5(b)(1)(i)(b) and (b)(1)(vii)); 373-3.6; 373-3.7
(except (c)(3)(iv)); 373-3.7(c)(3)(iv) (November 15, 1999); 373-3.8
(except (h)(3)); 373-3.8(h)(3) (November 15, 1999); 373-3.9; 373-
3.10 (except last sentence in (g)(4)(i)); 373-3.11 through 373-3.13;
373-3.14 (except (i)(5)); 373-3.14(i)(5) (November 15, 1999); 373-
3.15 (except (a)(2)); 373-3.16 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); 374-1.8(b)-(d); 374-1.8(e) (except (e)(5)(i)); 374-
1.8(e)(5)(i) (January 14, 1995); 374-1.8(f); 374-1.8(g) (except
(g)(7)); 374-1.8(g)(7) (January 14, 1995); 374-1.8(h)-(m); and 374-
1.13.
Part 374, Subpart 374-3--Standards for Universal Waste: Sections
374-3.1; 374-3.2; 374-3.3; 373-3.4 (except (a)(2)); 373-3.5; 373-
3.6; and 374-3.7.
Part 376--Land Disposal Restrictions: Sections 376.1 (except
(a)(5), (a)(9), (b)(1)(xi), (e), (f) and (g)(2)(v)); 376.2; 376.3
(except (b), (c) and (d)(2)); 376.4 (except (c)(2) and (e)(1)-(7));
and 376.5.
Appendices: Appendices 19 through 25; Appendices 27 through 30;
Appendix 33 (January 31, 1992); Appendix 38; Appendices 40 through
48, Appendix 49 (January 14, 1995) and Appendices 51 through 55.
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).
* * * * *
[FR Doc. 02-18990 Filed 7-31-02; 8:45 am]
BILLING CODE 6560-50-P