[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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    (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