Project XL Rulemaking for New York State Public Utilities; Hazardous Waste Management System

Today's rule provides regulatory flexibility under the Resource Conservation and Recovery Act (RCRA), as amended. It allows participating New York State Utilities to consolidate hazardous waste, which they generate at remote locations, at designated Utility-owned central collection facilities (UCCFs) for up to 90 days subject to specified requirements. EPA is promulgating this rule to implement an XL project for Utilities in New York State. The terms of the XL project are defined in the Final Project Agreement (FPA) which is scheduled to be signed by the parties on July 12, 1999. The FPA explains the project in detail, while the promulgation of this federal rule will enable New York State Department of Environmental Conservation (NYSDEC) to implement portions of the project requiring regulatory changes . The requirements of this rule will not take effect in New York State until it adopts the requirements as state law. For the sake of simplicity, the remainder of this preamble refers to the effects of this rule, although it will be the corresponding state law change that will actually govern this XL project. In order to qualify for the flexibility that the rule provides New York State Utilities must initiate and comply with public notice and participation requirements set forth in the rule regarding the designation and approval of UCCFs. Subsequent to these public participation procedures, Utilities must receive approval to participate in the flexibility provided by this rule. EPA expects this XL project to result in superior environmental performance in New York State, while providing cost savings to participating Utilities.