[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Rules and Regulations]
[Pages 18436-18441]
[FR Doc No: 2018-08431]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R02-RCRA-2018-0034; FRL-9974-06--Region 2]

New York: Incorporation by Reference of State Hazardous Waste
Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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. This 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 June 26, 2018, unless EPA receives
adverse written comment on this regulation by the close of business May
29, 2018. If EPA receives such comments, it will publish a timely
withdrawal of this direct final rule in the Federal Register informing
the public that this rule will not take effect. The Director of the
Federal Register approves this incorporation by reference as of June
26, 2018 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
RCRA-2018-0034, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Email: [email protected].
     Fax:<PHONE_NUMBER>.
     Mail: Send written comments to Nidal Azzam, Base Program
Management Section Chief, Hazardous Waste Programs Branch, Clean Air
and Sustainability Division, EPA, Region 2, 290 Broadway, 22nd Floor,
New York, NY 10007.
     Hand Delivery or Courier: Deliver your comments to Nidal
Azzam, Base

Program Management Section Chief, Hazardous Waste Programs Branch,
Clean Air and Sustainability Division, EPA Region 2, 290 Broadway, 22nd
Floor, New York, NY 10007. Such deliveries are only accepted during the
Regional Office's normal hours of operation. The public is advised to
call in advance to verify the business hours. Special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID. No. EPA-R02-RCRA-
2018-0034. 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 http://www.regulations.gov, or email. The Federal http://www.regulations.gov
website 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 email comment directly to EPA
without going through http://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties, and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. (For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/dockets).
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy. You can inspect and copy
the records related to this codification effort at EPA Region 2 by
appointment only. To make an appointment please call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Nidal Azzam, Base Program Management
Section Chief, Hazardous Waste Programs Branch, Clean Air and
Sustainability Division, EPA Region 2, 290 Broadway, 22nd Floor, New
York, NY 10007; telephone number:<PHONE_NUMBER>; fax number: (212)
637-4437; email address: azzam[email protected].

SUPPLEMENTARY INFORMATION:

I. Incorporation by Reference

A. What is codification?

    Codification is the process of including the 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. The State
regulations authorized by EPA supplant the federal regulations
concerning the same matter with the result that after authorization EPA
enforces the authorized regulations. Infrequently, State statutory
language which acts to regulate a matter is also authorized by EPA with
the consequence that EPA enforces the authorized statutory provision.
EPA does not authorize State enforcement authorities and does not
authorize State procedural requirements. EPA codifies the authorized
State program in 40 CFR part 272 and incorporates by reference State
statutes and regulations that make up the approved program which is
federally enforceable. EPA retains the authority to exercise its
inspection and enforcement authorities in accordance with sections
3007, 3008, 3013 and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973,
and any other applicable statutory and regulatory provisions.

B. What is the history of the authorization and codification of New
York's hazardous waste management program?

    New York initially received final authorization for its hazardous
waste management program, effective on May 29, 1986 (51 FR 17737) to
implement its base hazardous waste management program. Subsequently,
EPA authorized revisions to the State's program effective July 3, 1989
(54 FR 19184), May 7, 1990 (55 FR 7896), October 29, 1991 (56 FR
42944), May 22, 1992 (57 FR 9978), August 28, 1995 (60 FR 33753),
October 14, 1997 (62 FR 43111), January 15, 2002 (66 FR 57679), March
14, 2005 (70 FR 1825, as corrected on April 5, 2005 (70 FR 17286)),
August 31, 2009 (74 FR 31380), January 12, 2010 (75 FR 1617), and May
10, 2013 (78 FR 15299). EPA codified New York's authorized hazardous
waste program effective September 30, 2002 (67 FR 49864), May 25, 2007
(72 FR 14044), and October 4, 2010 (75 FR 45489). In this action, EPA
is revising subpart HH of 40 CFR part 272 to include the authorization
revision actions that became effective January 12, 2010 and May 10,
2013.

C. What decisions have we made in this rule?

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the New York
rules described in the amendments to 40 CFR part 272 set forth below.
EPA has made, and will continue to make, these documents available
electronically through www.regulations.gov and in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
    This action codifies EPA's authorization of revisions to New York's
hazardous waste management program. This codification reflects the
State program in effect at the time EPA authorized revisions to the New
York hazardous waste program in final rules dated January 12, 2010 (75
FR 1617) and May 10, 2013 (78 FR 15299). The rule incorporates by
reference the most recent version of the State's authorized hazardous
waste management regulations. EPA has already provided notices and
opportunity for comments on the Agency's decisions to authorize the New
York program, and EPA is not now reopening the decision, nor requesting
comments, on the New York authorizations as published in the Federal
Register documents specified in Section B of this preamble concerning
revisions to the authorized program in New York.
    EPA is incorporating by reference the authorized revisions to the
New York hazardous waste program by revising subpart HH to 40 CFR part
272. Title 40 CFR 272.1651 previously incorporated by reference New
York's authorized hazardous waste regulations, as amended effective
September 5, 2006, as well as selected provisions as found in the New
York regulations dated January 31, 1992. Section 272.1651 also
references the demonstration of adequate enforcement authority,
including procedural and enforcement provisions, which provide the
legal basis for the State's implementation of the hazardous waste
management

program. In addition, Sec.  272.1651 references the Memorandum of
Agreement, the Attorney General's Statements and the Program
Description, which were evaluated as part of the approval process of
the hazardous waste management program under Subtitle C of RCRA.

D. What is the effect of New York's codification on enforcement?

    EPA retains the 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 all authorized States.
With respect to enforcement actions, EPA will rely on Federal
sanctions, Federal inspection authorities, and Federal procedures
rather than the State analogs to these provisions. Therefore, the EPA
is not incorporating by reference New York's inspection and enforcement
authorities nor are those authorities part of New York's approved State
program which operates in lieu of the Federal program. Title 40 CFR
272.1651(c)(2) lists these authorities for informational purposes, and
because EPA also considered them in determining the adequacy of New
York's procedural and enforcement authorities. New York's authority to
inspect and enforce the State's hazardous waste management program
requirements continues to operate independently under State law.

E. What State provisions are not part of the codification?

    The public is reminded 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;
    (3) New unauthorized State requirements;
    (4) State procedural and enforcement authorities which are
necessary to establish the ability of the State's program to enforce
compliance but which do not supplant the Federal statutory enforcement
and procedural authorities; and
    (5) Federal rules for which New York was previously authorized but
which were later vacated by the U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Cir. No. 98-1379; June 27, 2014). See 80 FR
18777 (April 8, 2015).
    State provisions that are ``broader in scope'' than the Federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, 40 CFR 272.1651(c)(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 incorporated by reference. This action updates that list of
``broader in scope'' provisions. While ``broader in scope'' provisions
are not part of the authorized program and cannot be enforced by EPA,
the State 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.
    State regulations that are not incorporated by reference in this
rule at 40 CFR 272.1651(c)(1), or that are not listed in 40 CFR
272.1651(c)(3) (``broader in scope'') or 40 CFR 272.1651(c)(2)
(``procedural and enforcement authorities''), are considered new
unauthorized State requirements. These requirements are not Federally
enforceable.

F. What will be the effect of Federal HSWA requirements on the
codification?

    With respect to any requirement(s) pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) for which the State has not yet
been authorized and which EPA has identified as taking effect
immediately in States with authorized hazardous waste management
programs, EPA will enforce those Federal HSWA standards until the State
is authorized for those provisions.
    The codification does not affect Federal HSWA requirements for
which the State is not authorized. EPA has authority to implement HSWA
requirements in all States, including States with authorized hazardous
waste management programs, until the States become authorized for such
requirements or prohibitions, unless EPA has identified the HSWA
requirement(s) as an optional or as a less stringent requirement of the
Federal program. A HSWA requirement or prohibition, unless identified
by EPA as optional or as less stringent, supersedes any less stringent
or inconsistent State provision which may have been previously
authorized by EPA (50 FR 28702, July 15, 1985).
    Some existing State requirements may be similar to the HSWA
requirement implemented by EPA. However, until EPA authorizes those
State requirements, EPA enforces the HSWA requirements and not the
State analogs.

II. Statutory and Executive Order Reviews

    This rule codifies EPA-authorized hazardous waste requirements
pursuant to RCRA section 3006 and imposes no requirements other than
those imposed by State law. Therefore, this rule complies with
applicable executive orders and statutory provisions as follows.
    1. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review--The
Office of Management and Budget (OMB) has exempted this rule from its
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).
    2. Paperwork Reduction Act--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.).
    3. Regulatory Flexibility Act--This rule codifies New York's
authorized hazardous waste management regulations in the CFR 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.).
    4. Unfunded Mandates Reform Act--Because this rule codifies pre-
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).
    5. Executive Order 13132: Federalism--Executive Order 13132 (64 FR
43255, August 10, 1999) 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 Federal government and the
States, or on the distribution of power and responsibilities among the
various

levels of government). This action codifies existing authorized State
hazardous waste management program requirements without altering the
relationship or the distribution of power and responsibilities
established by RCRA.
    6. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments--Executive Order 13175 (65 FR 67249, 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, or 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 environmental 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 under Executive Order 12866.
    9. National Technology Transfer Advancement Act--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.
    10. Executive Order 12988--As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996), EPA has taken the necessary
steps in this action to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct.
    11. Executive Order 12898--This Order (59 FR 7629, Feb. 16, 1994)
establishes federal executive policy on environmental justice. Because
this rule codifies pre-existing State rules which are at least
equivalent to, and no less stringent than existing federal
requirements, and imposes no additional requirements beyond those
imposed by State law, and there are no anticipated significant adverse
human health or environmental effects, the rule is not subject to
Executive Order 12898.
    12. 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., as amended) 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 June 26, 2018.

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 rule 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: December 27, 2017.
Peter D. Lopez,
Regional Administrator, Region 2.

    Editorial note: This document was received for publication by
the Office of the Federal Register on April 18, 2018.

    For the reasons set forth in the preamble, 40 CFR part 272 is
amended as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
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).

0
2. Revise Sec.  272.1651 to read as follows:

Sec.  272.1651  New York State-administered program: Final
authorization.

    (a) New York State authorization. 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, January 15, 2002, March 14, 2005,
August 31, 2009, January 12, 2010, and May 10, 2013.
    (b) Authorization enforcement. The State of New York has primary
responsibility for enforcing its hazardous waste management program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities in accordance with sections 3007, 3008, 3013,
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other
applicable statutory and regulatory provisions, regardless of whether
the State has taken its own actions, as well as in accordance with
other statutory and regulatory provisions.
    (c) State statutes and regulations--(1) Statutes and regulations
that are incorporated by reference. The New York regulations cited in
paragraph (c)(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. The Director of Federal Register approves
this incorporation by reference in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain copies of the New York regulations that
are incorporated by reference in this paragraph from West Publishing
Company, 610 Opperman Drive, P.O. Box 64526, Eagan, MN 55164-0526;
Phone: 1-800-328-4880; website: http://west.thomson.com. You may
inspect a copy at EPA Region 2, 290 Broadway, 22nd Floor, New York, NY
10007 (Phone number:<PHONE_NUMBER>), or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved New York Regulatory
Requirements Applicable to the Hazardous Waste Management Program'',
dated May 2013.
    (ii) [Reserved]
    (2) Statutes and regulations that are not incorporated. EPA
considered the following statutes and regulations in evaluating the
State program but is not incorporating them herein for enforcement
purposes:
    (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume,
as revised by the 2004 Cumulative Pocket Part: Sections 1-0303(18), 3-
0301(1) (introductory paragraph); 3-0301(1)(a), (b), (m), (o), (w), (x)
and (cc); 3-0301(2) introductory paragraph; 3-0301(2)(a), (b), (d)
through (j), (l), (m), (q) and (z); 3-0301(4); 19-0301(1) (except 19-
0301(c), (e) and (f)); 19-0303(1) through (3); 19-0304; 23-2305; 23-
2307; 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; 27-1105; 70-0101; 70-
0103; 70-0105 (except 70-0105(3) and 70-0105(6)); 70-0107(1) and (2);
70-0107(3) introductory paragraph; 70-0107(3)(l); 70-0109; 70-0113; 70-
0115 (except (2)(c) and (d)); 70-0117 (except 70-0117(5) through (7);
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 1, Executive
Law (EL), Article 6: Section 102.
    (iii) McKinney's Consolidated Laws of New York, Book 46, Public
Officers Law (POL), as amended through 2004: Sections 87 and 89.
    (iv) McKinney's Consolidated Laws of New York, Book 7B, Civil
Practice Law and Rules (CPLR), as amended through 2004: Sections 1013,
6301; 6311; and 6313.
    (v) Electronic Signatures and Records Act (ESRA) State Technology
Law (STL), Article 3, as amended effective August 17, 2009: Sections
305 and 306.
    (vi) Title 6, New York Codes, Rules and Regulations (6 NYCRR),
Volume A-2A, as amended effective through September 5, 2006: Sections
372.1(f); 373-1.1(f) and (g); 373-1.4(b); 373-1.4(d) through (f); 373-
1.6(c); 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)).
    (vii) Title 9, New York Codes, Rules and Regulations (9 NYCRR),
Part 540, Electronics Signature and Records Act, as amended effective
May 7, 2003: Sections 540.1 through 540.6.
    (3) Statutes and regulations that are broader in scope. The
following statutory and regulatory provisions are broader in scope than
the Federal program, are not part of the authorized program, are not
incorporated by reference and are not federally enforceable:
    (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume,
as revised by the 2004 Cumulative Pocket Part: Sections 27-0301; 27-
0303; 27-0305; 27-0307; 27-0909(5); 27-0923; 27-0925 and 27-0926.
    (ii) Environmental Conservation Laws (ECL), 1997 Replacement
Volume, as revised by the 2006 Cumulative Pocket Part: Section 27-
1109(6).
    (iii) The following New York provisions are broader in scope
because the State implements a Household Hazardous Waste program,
whereas the Federal program excludes household waste from regulation as
hazardous waste at 40 CFR 261.4(b)(1): Title 6, New York Codes, Rules
and Regulations (6 NYCRR), as amended effective through September 5,
2006: Sections 370.2(b)(92) ``Household hazardous waste''; 370.2(b)(93)
``Household hazardous waste collection facility''; and 373-4.
    (iv) At 371.4(c), New York retains K064, K065, K066, K090 and K091
as hazardous wastes while EPA has removed them from the table at 40 CFR
261.32 and no longer regulates them as hazardous wastes (64 FR 56469;
October 20, 1999).
    (v) In the following provisions of New York's hazardous waste
regulations, the State cross-references Part 364 ``Waste Transporter
Permits'' requirements, which sets forth transporter requirements
regarding permit and financial liability requirements: 372.2(b)(5)(ii),
372.3(a)(1), 372.3(a)(4), 372.3(b)(6)(iv), 372.3(d)(3), 373-
2.5(b)(3)(ii)(d) and (e), 373-1.7(h)(3), 373-3.5(b)(3)(ii)(d) and (e),
374-3.4(a)(2), and Appendix 30 Instructions for Generators/Item 8.
These provisions referencing the Part 364 transporter permit and
financial liability requirements are broader in scope than the Federal
program.
    (vi) 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. Instead, the State subjects these materials to full
regulation as hazardous wastes.
    (vii) New York State regulations do not incorporate the Mineral
Processing Secondary Materials Exclusion at 40 CFR 261.4(a)(17) and the
related changes affecting 40 CFR 261.2(c)(3) and (c)(4)/Table, and 40
CFR 261.2(e)(1)(iii). Since New York did not adopt the exclusion at 40
CFR 261.4(a)(17) the State has a broader in scope program because the
effect is to include materials that are not considered solid waste by
EPA.
    (viii) The following New York provisions are broader in scope
because they include requirements associated with the regulation of PCB
waste as a state-only hazardous waste: 371.4(e), 372.1(e)(9), 373-
1.1(d)(1)(x), 374-2.2(a)(9), 374-2.2(b) Table 1 and Footnote 2, 374-
2.5(e)(4), 374-2.6(d)(4), 374-2.7(d)(4), 376.1(g)(1)(i), and 376.4(f).
PCB wastes are regulated under the Federal Toxic Substances Control Act
(TSCA) at 40 CFR part 761 rather than under the Federal RCRA program.
    (ix) The New York provision at 373-1.4(c) is broader in scope
because it includes siting certificate requirements which are not part
of the Federal program.
    (x) The New York provision at 373-2.15(a)(2) is broader in scope
because it subjects incinerators to not just limited portions of the
State's Air regulations in the same manner as the Federal rules, but
entire programs including air program-specific permits and
registrations.
    (xi) The New York provisions at 374-2.5(a)(2) and 374-2.6(a)(2)
cross-reference 360-14.1(a)(4), which sets forth transfer facility and
processor/re-refiner requirements for these types of facilities co-
located at hazardous waste management facilities. These provisions
referencing the Part 360 requirements are broader in scope than the
Federal program because section 360-14.1(a)(4) may require used oil
transfer facilities and processors/re-refiners managing non-hazardous
used oil to be subject to State-only Part 360 provisions including
permit requirements. The Federal program does not have an analogous
permitting requirement for these types of facilities.
    (4) Vacated Federal rule. New York provisions at 371.1(e)(1)(xvi)
and 371.4(i) are no longer considered to be part of New York's
authorized program because the equivalent federal requirements were
vacated by a federal court. The Federal Requirements ((Hazardous Waste
Combustors; Revised Standards (HSWA) (40 CFR 261.4(a)(16) and 261.38
only) were published on June 19, 1998. The New York regulations were
authorized on January 11, 2005 (effective March 14, 2005). The State's
authorized program was subsequently codified in 40 CFR part 272 on
March 26, 2007 (effective May 25, 2007). However, the corresponding
Federal rules were later vacated by the U.S. Court of Appeals for the
District of Columbia Circuit (D.C. Cir. No. 98-1379; June 27, 2014).
Consistent with the Court's vacatur, EPA issued a new final rule
removing 40 CFR 261.4(a)(16) and 261.38 from the Federal CFR (published
on April 8, 2015)
    (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,
although not incorporated by reference, 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, February 5, 2001, April
2, 2004, June 13, 2008 (including three certifications), August 17,
2009, and May 22, 2012, although not incorporated by reference, 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, although not incorporated
by reference, are referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272 is amended by revising the listing for ``New
York'' 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),
Chapter IV, Quality Services, Subchapter B, Solid Wastes (Volumes A-
2 and A-2A), as amended effective through September 5, 2006.
    Please note: For a few 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 Codes, Rules and Regulations
dated January 31, 1992. 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 after the regulatory citations.
    Part 360, Subpart 360-14--Used Oil: Sections 360-14.1(b)(7) and
360-14.1(b)(8).
    Part 370--Hazardous Waste Management System--General: Sections
370.1(a) (except (a)(3)); 370.1(b) through (d); 370.1(e) (except
(e)(9)); 370.1(f); 370.2(a); 370.2(b)(1) through (b)(15)
``battery''; 370.2(b)(15) ``bedrock'', (January 31, 1992);
370.2(b)(17) through (b)(91); 370.2(b)(94) through (b)(125);
370.2(b)(127) through (b)(137); 370.2(b)(139) through (b)(221);
370.3 (except 370.3(c)); 370.4; 370.5 (except (b)).
    Part 371--Identification and Listing of Hazardous Waste:
Sections 371.1(a) through (c); 371.1(d) (except (d)(1)(ii)(c));
371.1(e) (except 371.1(e)(1)(xvi) and (e)(2)(vi)(b)(21));
371.1(f)(1) through (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) (except (g)(1)(ii)(c) and (g)(1)(v)); 371.1(g)(2)
through (4); 371.1(h) through (j); 371.2; 371.3; 371.4(a) and (b);
371.4(c) (except K064, K065, K066, K090 and K091 entries); 371.4(d)
and (f).
    Part 372--Hazardous Waste Manifest System and Related Standards
for Generators, Transporters and Facilities: Sections 372.1(a)
through (d); 372.1(e)(2)(ii)(c) (January 31, 1992);
372.1(e)(2)(iii)(c) (January 31, 1992); 372.1(e)(3) through (e)(8);
372.1(g) and (h); 372.2 (except (b)(5)(ii) and (b)(9)); 372.3
(except (a)(1), (a)(4), (a)(7)(i), (a)(8), (b)(3), (b)(5)(ii),
(b)(6)(iv), (b)(7)(i)(d), (c)(4) and (d)(3)); 372.5 (except (h) and
(i); 372.6; 372.7(a) and (b); 372.7(c) (except (c)(1)(ii)); and
372.7(d).
    Part 373, Subpart 373-1--Hazardous Waste Treatment, Storage and
Disposal Facility Permitting Requirements: Sections 373-1.1(a)
through (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
(d)(1)(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) (except (a)(2)(xviii));
373-1.5(b) and (c); 373-1.5(d) through (p) (except reserved
paragraphs); 373-1.6 (except (c)); 373-1.7 through 373-1.11.
    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 (b)(1)(i)(c), (b)(3)(ii)(d) and (b)(3)(ii)(e)); 373-2.5(c)
through (g); 373-2.6 through 373-2.11; 373-2.12 (except 373-
2.12(a)(1) and (d)); 373-2.12(a)(1) (January 31, 1992); 373-2.13;
373-2.14; 373-2.15 (except (a)(2)); 373-2.19 (except (e)(1)(ii));
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 373-3.1(a)(4)); 373-3.2 through 373-3.4; 373-3.5
(except 373-3.5(b)(1)(i)(c), (b)(3)(ii)(d) and (b)(3)(ii)(e)); 373-
3.6 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 (except reserved sections); 374-1.9;
and 374-1.13.
    Part 374, Subpart 374-2--Standards for the Management of Used
Oil: Sections 374-2.1 (except (a)(2) ``Adjacent towns or cities'',
(a)(4) ``Contract'', (a)(10) ``On-premises oil changing operation'',
(a)(14) ``Retail'', (a)(15) ``Retail establishment'', (a)(16)
``Service establishment'', (a)(18) ``Total halogens'', (a)(19)
``Underground used oil tank'', and (a)(27) ``Used oil tank
system''); 374-2.2; 374-2.3 (except (c)(3) through (c)(6), and (f));
374-2.4; 374-2.5 (except (a)(2) and (e)(4)); 374-2.6 (except (a)(2)
and (d)(4)); 374-2.7 (except (d)(4), (e)(5) and (e)(6)); 374-2.8;
and 374-2.9.
    Part 374, Subpart 374-3--Standards for Universal Waste: Sections
374-3.1 (except (f) and (g)); 374-3.2; 374-3.3; 374-3.4 (except
(a)(2)); and 374-3.5 through 374-3.7.
    Part 376--Land Disposal Restrictions: Sections 376.1 (except
(a)(5), (a)(9), (e), (f), and (g)(1)(ii)(b)); 376.2; 376.3 (except
(b)(4) and (d)(2)); 376.4 (except (c)(2), (e)(1)-(7), and (f)); and
376.5.
    Appendices: Appendices 19 through 25; Appendices 27 through 30;
Appendix 33; Appendix 37; Appendix 38; Appendices 40 through 49; and
Appendices 51 through 55.
    Copies of the New York regulations that are incorporated by
reference are available from West Publishing Company, 610 Opperman
Drive, P.O. Box 64526, Eagan, MN 55134-0526; Phone: 1-800-328-4880;
website: http://west.thomson.com.
* * * * *
[FR Doc. 2018-08431 Filed 4-26-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Page 25011]
[FR Doc No: 2022-08971]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10821-005]

Pacific Gas and Company; Notice of Availability of Environmental
Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission or FERC)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for a subsequent license for the Camp Far West
Transmission Line Project, and has prepared an Environmental Assessment
(EA) for the project. As proposed, the project would be located in
Placer and Yuba Counties, California and would occupy 2.3 acres of
tribal land managed by the U.S. Department of the Interior, Bureau of
Indian Affairs (Auburn Off-Reservation Land Trust) and 10.9 acres
managed by the U.S. Department of Defense (Beale Air Force Base).
    The EA contains staff's analysis of the potential environmental
impacts of the project and concludes that licensing the project, with
appropriate environmental protective measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the EA via the internet through the Commission's
Home Page (http://www.ferc.gov/) using the ``eLibrary'' link. Enter the
docket number, excluding the last three digits in the docket number
field, to access the document (e.g., P-10821). At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC Online Support at
[email protected] or toll-free at<PHONE_NUMBER>, or for TTY,
(202) 502-8659.
    You may also register online at https://ferconline.ferc.gov/eSubscription.aspx to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    Any comments should be filed within 30 days from the date of this
notice.
    The Commission strongly encourages electronic filings. Please file
comments using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/QuickComment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support. In lieu of
electronic filing, you may submit a paper copy. Submissions sent via
the U.S. Postal Service must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
The first page of any filing should include docket number P-10821-005.
    For further information, contact Quinn Emmering at<PHONE_NUMBER>
or by email at [email protected].

    Dated: April 21, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-08971 Filed 4-26-22; 8:45 am]
BILLING CODE 6717-01-P