New York: Incorporation by Reference of State Hazardous Waste Management Program, 45489-45494 [2010-18927]
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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations
Federal requirements. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); is
not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added 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 action 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 of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 4, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Particulate matter, Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 21, 2010.
Keith Takata,
Acting Regional Administrator, EPA Region
IX.
[FR Doc. 2010–19061 Filed 8–2–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[EPA–R02–RCRA–2010–0249; FRL–9178–8]
New York: Incorporation by Reference
of State Hazardous Waste Management
Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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
SUMMARY:
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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
October 4, 2010, unless EPA receives
adverse written comment on this
regulation by the close of business
September 2, 2010. 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 October 4, 2010 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–2010–0249, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: infurna.michael@epa.gov.
• Fax: (212) 637–4437.
• Mail: Send written comments to
Michael Infurna, Division of
Environmental Planning and Protection,
EPA, Region 2, 290 Broadway, 22nd
Floor, New York, NY 10007.
• Hand Delivery or Courier: Deliver
your comments to Michael Infurna,
Division of Environmental Planning and
Protection, EPA, Region 2, 290
Broadway, 22nd Floor, New York, NY
10007. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation. The public is
advised to call in advance to verify the
business hours. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID. No. EPA–R02–RCRA–2010–
0249. 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 https://
www.regulations.gov, or e-mail. The
Federal https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
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identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through https://www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties,
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters or any form
of encryption, and be free of any defects
or viruses. (For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/dockets/).
Docket: All documents in the docket
are listed in the https://
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 in https://
www.regulations.gov or in hard copy.
You can inspect the records related to
this codification effort in the EPA
Region 2 Library by appointment only.
To make an appointment please call
(212) 637–3185.
FOR FURTHER INFORMATION CONTACT:
Michael Infurna, Division of
Environmental Planning and Protection,
EPA Region 2, 290 Broadway, 22nd
Floor, New York, NY 10007; telephone
number: (212) 637–4177; fax number:
(212) 637–4377; e-mail address:
infurna.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
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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 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
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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)) and August 31, 2009 (74
FR 31380). EPA codified New York’s
authorized hazardous waste program
effective September 30, 2002 (67 FR
49864) and May 25, 2007 (72 FR 14044).
In this action, EPA is revising Subpart
HH of 40 CFR part 272 to include the
recent authorization revision actions
effective August 31, 2009. (Note: Both
the Federal and State requirements for
the NY State Public Utilities Project XL,
which were authorized effective August
31, 2009, will, unless extended, expire
on May 24, 2011.)
C. What decisions have we made in this
action?
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 a final rule
dated July 1, 2009 (74 FR 31380). The
rule incorporates by reference the most
recent version of the State’s authorized
hazardous waste management
regulations. This action does not reopen
any decision EPA previously made
concerning the authorization of the
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State’s hazardous waste management
program. EPA is not requesting
comments on its decisions published in
the Federal Register notices referenced
in section B of this document
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. 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, § 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.
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
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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; and
(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.
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
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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 3006 and imposes no
requirements other than those imposed
by State law. Therefore, this rule
complies with applicable executive
orders and statutory provisions as
follows.
1. Executive Order 12866: Regulatory
Planning Review—The Office of
Management and Budget (OMB) has
exempted this rule from its review
under Executive Order 12866 (58 FR
51735, October 4, 1993).
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
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45491
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.
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11. 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 October 4, 2010.
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: April 27, 2010.
Judith A. Enck,
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. Revise § 272.1651 to read as
follows:
■
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§ 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, January 15, 2002,
March 14, 2005, and August 31, 2009.
(Note: Both the Federal and State
requirements for the NY State Public
Utilities Project XL, which were
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authorized effective August 31, 2009,
will, unless extended, expire on May 24,
2011.)
(b) 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) 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
Group, 610 Opperman Drive, Eagan, MN
55123, Attention: D3–10 (Phone #:
1–800–328–9352). You may inspect a
copy at EPA Region 2 Library, 290
Broadway, 16th Floor, New York, NY
10007 (Phone number: (212) 637–3185),
or at the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://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 July 2009.
(ii) [Reserved]
(2) 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)
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) introductory paragraph; 3–
0301(2)(a), (b), (d) through (j), (l), (m)
and (q); 3–0301(2)(z); 3–0301(4); 19–
0301(1) (except 19–0301(c), (e) and (f));
19–0303(1) through (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
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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)–(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.
(iii) McKinney’s Consolidated Laws of
New York, Book 1, Executive Law (EL),
Article 6: Section 102.
(iv) McKinney’s Consolidated Laws of
New York, Book 46, Public Officers Law
(POL), as amended through 2004:
Sections 87 and 89.
(v) 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.
(vi) Title 6, New York Codes, Rules
and Regulations (6 NYCRR), Volume
A–2A, Hazardous Waste Management
System, as amended 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)).
(3) 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) Title 6, New York Codes, Rules
and Regulations (6 NYCRR), Volume
A–2A, Hazardous Waste Management
System, as amended through September
5, 2006: Sections 370.2(b)(92)
‘‘Household hazardous waste’’;
370.2(b)(93) ‘‘Household collection
facility’’; 371.4(e); 372.1(e)(9);
372.2(b)(5)(ii); 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); 373–
2.5(b)(3)(ii)(d); 373–2.5(b)(3)(ii)(e); 373–
2.15(a)(2); 373–3.5(b)(3)(ii)(d); 373–
3.5(b)(3)(ii)(e); 374–3.4(a)(2); and
376.4(f).
(iv) At 371.4(c), New York retains
K064, K065, K066, K090 and K091 as
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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) Throughout New York’s hazardous
waste regulations, the State crossreferences Part 364, which sets forth
additional transporter requirements
including permit and liability
requirements (for examples, see 6
NYCRR sections 372.2(b)(8), 373–
1.7(h)(3), 374–3.3(i)(1) and (2), 374–
3.4(a), 374–3.6(a)(1) and Appendix 30
Instructions for Generators/Item 8). The
transporter permit and 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) At 373–4, New York implements
a Household Hazardous Waste program,
whereas the Federal program excludes
household waste from regulation as
hazardous waste at 261.4(b)(1).
(ix) 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: 372.1(e)(9)
and 376.1(g)(1)(i), 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.
(4) 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.
(5) 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
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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 and June
13, 2008 (including three certifications),
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.
(6) 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.
3. Appendix A to part 272, State
Requirements, 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), Volume A–2A,
Hazardous Waste Management System, as
amended 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 Code, 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 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)(213); 370.2(b)(215);
370.2(B)(216); 370.2(b)(217) (except the last
sentence); 370.2(b)(218) 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) and
(d)(1)(ii)(e)); 371.1(e) (except
371.1(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)(i);
371.1(g)(1)(ii) (except (g)(1)(ii)(c));
371.1(g)(1)(iii); 371.1(g)(2) through (4);
371.1(h) through (j); 371.2; 371.3; 371.4(a)
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45493
and (b); 371.4(c) (except K064, K065, K066,
K090 and K091 entries); 371.4(d), (f) and (i).
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 introductory paragraph through (b)(4);
372.2(b)(5) (except (b)(5)(ii)); 372.2(b)(6)
through (b)(8); 372.2(b)(10); 372.2(c);
372.2(d) 1; 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) introductory
paragraph through (d)(1)(xx) (except reserved
paragraphs, (d)(1)(x) and (d)(1)(xviii); 373–
1.1(d)(1)(xxi) 1; 373–1.1(d)(2); 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); 373–
1.5(a)(2) (except (a)(2)(xviii)); 373–1.5(a)(3)
and (4); 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; 373–
2.27; 373–2.28; 373–2.29; 373–2.30; and 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) and
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 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(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) through
(a)(6); 374–1.8(b) through (m) (except
reserved paragraphs); 374–1.9; and 374–1.13.
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)); 374–3.5; 374–3.6; and 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.
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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations
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).
Note: Both the Federal and State
requirements for the NY State Public Utilities
Project XL, which were authorized effective
August 31, 2009 (74 FR 31380), will, unless
extended, expire on May 24, 2011.
*
*
*
*
*
[FR Doc. 2010–18927 Filed 8–2–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[WC Docket No. 07–245; GN Docket No.
09–51; FCC No. 10–84]
Implementation of Section 224 of the
Act; a National Broadband Plan for Our
Future
Federal Communications
Commission.
ACTION: Declaratory ruling.
AGENCY:
In this Declaratory Ruling, the
Commission clarifies that
communications providers have a
statutory right to use space- and costsaving techniques that are consistent
with pole owners’ use of those
techniques. The Commission also
establishes that providers have a
statutory right to timely access to poles.
DATES: Effective September 2, 2010.
FOR FURTHER INFORMATION CONTACT:
Jonathan Reel, Wireline Competition
Bureau, Competition Policy Division,
202–418–1580.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Declaratory Ruling in WC Docket No.
07–245, GN Docket No. 09–51, adopted
May 20, 2010, and released May 20,
2010. This Declaratory Ruling rules on
issues raised in Implementation of
Section 224 of the Act; Amendment of
the Commission’s Rules and Policies
Governing Pole Attachments, Notice of
Proposed Rulemaking 73 FR 6879,
February 6, 2008.
SUMMARY:
erowe on DSK5CLS3C1PROD with RULES
Synopsis of the Declaratory Ruling
1. In this Order, the Commission takes
steps to clarify the statute to lower the
costs of telecommunications, cable, and
broadband deployment and to promote
competition, as recommended in the
National Broadband Plan. The
Commission clarifies that
communications providers have a
statutory right to use space- and costsaving techniques that are consistent
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with pole owners’ use of those
techniques. The Commission also
establishes that providers have a
statutory right to timely access to poles.
Background
2. In 1978, Congress first directed the
Commission to ensure that the rates,
terms, and conditions for pole
attachments by cable television systems
are just and reasonable when it added
section 224 to the Act. The
Telecommunications Act of 1996 (1996
Act) expanded the definition of pole
attachments to include attachments by
providers of telecommunications
service, and granted both cable systems
and telecommunications carriers an
affirmative right of nondiscriminatory
access to any pole, duct, conduit, or
right-of-way owned or controlled by a
utility. However, the 1996 Act permits
utilities to deny access where there is
insufficient capacity and for reasons of
safety, reliability or generally applicable
engineering purposes. Besides
establishing a right of access, the 1996
Act mandates a rate formula for
telecommunications carriers that differs
from the rate formula for attachments
used solely to provide cable service.
3. The Commission implemented the
new section 224 access requirements in
the Local Competition Order. At that
time, the Commission concluded that it
would determine the reasonableness of
a particular condition of access on a
case-by-case basis. Finding that no
single set of rules could take into
account all attachment issues, the
Commission specifically declined to
adopt the National Electric Safety Code
(NESC) in lieu of access rules. The
Commission also recognized that
utilities typically develop individual
standards and incorporate them into
pole attachment agreements, and that, in
some cases, federal, state, or local laws
also impose relevant restrictions. The
Local Competition Order acknowledged
concerns that utilities might deny access
unreasonably, but rather than adopt a
set of substantive engineering standards,
the Commission decided that
procedures for requiring utilities to
justify the conditions they placed on
access would best safeguard attachers’
rights. The Commission did adopt five
rules of general applicability and several
broad policy guidelines in the Local
Competition Order. The Commission
also stated that it would monitor the
effect of the case-specific approach, and
would propose specific rules at a later
date if conditions warranted.
4. In the 1998 Implementation Order,
the Commission adopted rules
implementing the 1996 Act’s new pole
attachment rate formula for
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telecommunications carriers. The
Commission also concluded that cable
television systems offering both cable
and Internet access service should
continue to pay the cable rate. The
Commission further held that the
statutory right of nondiscriminatory
access includes attachments by wireless
carriers. The latter two determinations
were challenged but ultimately upheld
by the Supreme Court. In particular, the
Court held that section 224 gives the
Commission broad authority to adopt
just and reasonable rates. The Court also
deferred to the Commission’s
conclusion that wireless carriers are
entitled by section 224 to attach
facilities to poles.
5. On November 20, 2007, the
Commission issued the Pole Attachment
Notice 73 FR 6879, February 6, 2008 in
recognition of the importance of pole
attachments to the deployment of
communications networks, in part in
response to petitions for rulemaking
from USTelecom and Fibertech
Networks. USTelecom argued that
incumbent LECs, as providers of
telecommunications service, are entitled
to just and reasonable pole attachment
rates, terms, and conditions of
attachment even though, under section
224, they do not count as
‘‘telecommunications carriers’’ and have
no statutory right of access. Fibertech
petitioned the Commission to initiate a
rulemaking to set access standards for
pole attachments, including standards
for timely performance of make-ready
work, use of boxing and extension arms,
and use of qualified third-party contract
workers, among other concerns. The
Pole Attachment Notice focused on the
effect of disparate pole-attachment rates
on broadband competition and arrived
at two tentative conclusions: first, that
all attachers should pay the same pole
attachment rate for all attachments used
to provide broadband Internet access
service and second, that the rate should
be higher than the current cable rate, yet
no greater than the telecommunications
rate. In addition to the concerns raised
by USTelecom and Fibertech, the Pole
Attachment Notice inquired about
application of the telecommunications
rate to wireless pole attachments and
other pole access concerns.
6. The American Recovery and
Reinvestment Act of 2009 included a
requirement that the Commission
develop a national broadband plan to
ensure that every American has access
to broadband capability. On March 16,
2010, the National Broadband Plan was
released, and identified access to rightsof-way—including access to poles—as
having a significant impact on the
deployment of broadband networks.
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]]>Agencies
[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Rules and Regulations]
[Pages 45489-45494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18927]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[EPA-R02-RCRA-2010-0249; FRL-9178-8]
New York: Incorporation by Reference of State Hazardous Waste
Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
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 October 4, 2010, unless EPA
receives adverse written comment on this regulation by the close of
business September 2, 2010. 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 October 4, 2010 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-2010-0249, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
E-mail: infurna.michael@epa.gov.
Fax: (212) 637-4437.
Mail: Send written comments to Michael Infurna, Division
of Environmental Planning and Protection, EPA, Region 2, 290 Broadway,
22nd Floor, New York, NY 10007.
Hand Delivery or Courier: Deliver your comments to Michael
Infurna, Division of Environmental Planning and Protection, EPA, Region
2, 290 Broadway, 22nd Floor, New York, NY 10007. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The public is advised to call in advance to verify the business hours.
Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID. No. EPA-R02-RCRA-
2010-0249. 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 https://www.regulations.gov, or e-mail. The Federal https://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your
[[Page 45490]]
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties, and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. (For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets/).
Docket: All documents in the docket are listed in the https://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
in https://www.regulations.gov or in hard copy. You can inspect the
records related to this codification effort in the EPA Region 2 Library
by appointment only. To make an appointment please call (212) 637-3185.
FOR FURTHER INFORMATION CONTACT: Michael Infurna, Division of
Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd
Floor, New York, NY 10007; telephone number: (212) 637-4177; fax
number: (212) 637-4377; e-mail address: infurna.michael@epa.gov.
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 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)) and
August 31, 2009 (74 FR 31380). EPA codified New York's authorized
hazardous waste program effective September 30, 2002 (67 FR 49864) and
May 25, 2007 (72 FR 14044). In this action, EPA is revising Subpart HH
of 40 CFR part 272 to include the recent authorization revision actions
effective August 31, 2009. (Note: Both the Federal and State
requirements for the NY State Public Utilities Project XL, which were
authorized effective August 31, 2009, will, unless extended, expire on
May 24, 2011.)
C. What decisions have we made in this action?
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 a final rule dated July 1, 2009 (74 FR
31380). The rule incorporates by reference the most recent version of
the State's authorized hazardous waste management regulations. This
action does not reopen any decision EPA previously made concerning the
authorization of the State's hazardous waste management program. EPA is
not requesting comments on its decisions published in the Federal
Register notices referenced in section B of this document 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. 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. 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
[[Page 45491]]
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; and
(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.
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 3006 and imposes no requirements other than those
imposed by State law. Therefore, this rule complies with applicable
executive orders and statutory provisions as follows.
1. Executive Order 12866: Regulatory Planning Review--The Office of
Management and Budget (OMB) has exempted this rule from its review
under Executive Order 12866 (58 FR 51735, October 4, 1993).
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.
[[Page 45492]]
11. 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 October 4, 2010.
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: April 27, 2010.
Judith A. Enck,
Regional Administrator, EPA Region 2.
0
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) 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, and August 31, 2009. (Note:
Both the Federal and State requirements for the NY State Public
Utilities Project XL, which were authorized effective August 31, 2009,
will, unless extended, expire on May 24, 2011.)
(b) 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) 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 Group, 610 Opperman Drive, Eagan, MN 55123,
Attention: D3-10 (Phone #: 1-800-328-9352). You may inspect a copy at
EPA Region 2 Library, 290 Broadway, 16th Floor, New York, NY 10007
(Phone number: (212) 637-3185), or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://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 July 2009.
(ii) [Reserved]
(2) 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) 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)
introductory paragraph; 3-0301(2)(a), (b), (d) through (j), (l), (m)
and (q); 3-0301(2)(z); 3-0301(4); 19-0301(1) (except 19-0301(c), (e)
and (f)); 19-0303(1) through (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; 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)-(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.
(iii) McKinney's Consolidated Laws of New York, Book 1, Executive
Law (EL), Article 6: Section 102.
(iv) McKinney's Consolidated Laws of New York, Book 46, Public
Officers Law (POL), as amended through 2004: Sections 87 and 89.
(v) 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.
(vi) Title 6, New York Codes, Rules and Regulations (6 NYCRR),
Volume A-2A, Hazardous Waste Management System, as amended 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)).
(3) 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) Title 6, New York Codes, Rules and Regulations (6 NYCRR),
Volume A-2A, Hazardous Waste Management System, as amended through
September 5, 2006: Sections 370.2(b)(92) ``Household hazardous waste'';
370.2(b)(93) ``Household collection facility''; 371.4(e); 372.1(e)(9);
372.2(b)(5)(ii); 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); 373-2.5(b)(3)(ii)(d); 373-
2.5(b)(3)(ii)(e); 373-2.15(a)(2); 373-3.5(b)(3)(ii)(d); 373-
3.5(b)(3)(ii)(e); 374-3.4(a)(2); and 376.4(f).
(iv) At 371.4(c), New York retains K064, K065, K066, K090 and K091
as
[[Page 45493]]
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) 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 sections 372.2(b)(8), 373-1.7(h)(3), 374-3.3(i)(1) and (2),
374-3.4(a), 374-3.6(a)(1) and Appendix 30 Instructions for Generators/
Item 8). The transporter permit and 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) At 373-4, New York implements a Household Hazardous Waste
program, whereas the Federal program excludes household waste from
regulation as hazardous waste at 261.4(b)(1).
(ix) 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: 372.1(e)(9) and 376.1(g)(1)(i),
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.
(4) 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.
(5) 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 and June 13,
2008 (including three certifications), 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.
(6) 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, State Requirements, 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), Volume
A-2A, Hazardous Waste Management System, as amended 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 Code, 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 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)(213);
370.2(b)(215); 370.2(B)(216); 370.2(b)(217) (except the last
sentence); 370.2(b)(218) 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) and
(d)(1)(ii)(e)); 371.1(e) (except 371.1(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)(i);
371.1(g)(1)(ii) (except (g)(1)(ii)(c)); 371.1(g)(1)(iii);
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), (f) and (i).
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 introductory paragraph through (b)(4);
372.2(b)(5) (except (b)(5)(ii)); 372.2(b)(6) through (b)(8);
372.2(b)(10); 372.2(c); 372.2(d) \1\; 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) introductory paragraph through (d)(1)(xx)
(except reserved paragraphs, (d)(1)(x) and (d)(1)(xviii); 373-
1.1(d)(1)(xxi) \1\; 373-1.1(d)(2); 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);
373-1.5(a)(2) (except (a)(2)(xviii)); 373-1.5(a)(3) and (4); 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; 373-2.27; 373-2.28; 373-2.29; 373-2.30; and 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) and 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 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(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) through (a)(6); 374-1.8(b) through (m) (except
reserved paragraphs); 374-1.9; and 374-1.13.
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)); 374-3.5; 374-3.6; and 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.
[[Page 45494]]
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).
Note: Both the Federal and State requirements for the NY State
Public Utilities Project XL, which were authorized effective August
31, 2009 (74 FR 31380), will, unless extended, expire on May 24,
2011.
* * * * *
[FR Doc. 2010-18927 Filed 8-2-10; 8:45 am]
BILLING CODE 6560-50-P
