[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13960]


[[Page Unknown]]

[Federal Register: June 9, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-4894-6]

 

New Mexico: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of New Mexico has applied for final authorization of 
revision to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA), and the Environmental Protection Agency (EPA) 
has reviewed New Mexico's application and decided that its hazardous 
waste program revision satisfies all of the requirements necessary to 
qualify for final authorization. Unless adverse written comments are 
received during the review and comment period provided for public 
participation in this process, EPA intends to approve New Mexico's 
hazardous waste program revision subject to the authority retained by 
EPA in accordance with the Hazardous and Solid Waste Amendments of 
1984. New Mexico's application for the program revision is available 
for public review and comment.

DATES: This final authorization for New Mexico shall be effective 
August 23, 1994, unless EPA publishes a prior Federal Register action 
withdrawing this immediate final rule. All comments on New Mexico's 
program revision application must be received by the close of business 
July 25, 1994.

ADDRESSES: Copies of the New Mexico program revision application and 
the materials which EPA used in evaluating the revision are available 
from 8:30 a.m. to 4 p.m., Monday through Friday at the following 
addresses for inspection and copying: New Mexico Environment 
Department, 1190 St. Francis Drive, Sante Fe, New Mexico 87502 and 
USEPA, Region 6 Library, 12th Floor, First Interstate Bank Tower at 
Fountain Place, 1445 Ross Avenue, Dallas, Texas 65202, phone (214) 655-
6444. Written comments, referring to Docket Number NM-94-1, should be 
sent to Alima Patterson, Region 6 AR-NM Authorization Coordinator, 
Grants and Authorization Section (6H-HS), RCRA Programs Branch, USEPA 
Region 6, First Interstate Bank Tower at Fountain Place, 1445 Ross 
Avenue, Dallas, Texas 75202, (214) 655-8533.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 AR-NM 
Authorization Coordinator, Grants and Authorization Section (6H-HS), 
RCRA Programs Branch, USEPA Region 6, First Interstate Bank Tower at 
Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202, (214) 655-8533.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA'' or the ``Act''), 42 
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. Revisions to State 
hazardous waste programs are necessary when Federal or State statutory 
or regulatory authority is modified or when certain other changes 
occur. Most commonly, State program revisions are necessitated by 
changes to EPA's regulations in 40 CFR parts 124, 260 through 268, and 
270.

B. New Mexico

    New Mexico received final authorization January 25, 1985 (see 50 FR 
1515), to implement its base hazardous waste management program. New 
Mexico received authorization for revisions to its program on April 10, 
1990 (see 55 FR 4604), July 25, 1990 (see 55 FR 28397), and December 4, 
1992 (see 57 FR 45717). The authorized New Mexico RCRA program was 
incorporated by reference into the Code of Federal Regulations (CFR), 
effective December 13, 1993 (see 58 FR 52677). New Mexico submitted a 
final complete program revision application for additional program 
approvals. Today, New Mexico is seeking approval of its program 
revision in accordance with 40 CFR 271.21(b)(3).
    EPA reviewed New Mexico's application, and made an immediate final 
decision that New Mexico's hazardous waste program revision satisfies 
all of the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to grant final authorization for the 
additional program modifications to New Mexico. The public may submit 
written comments on EPA's final decision until July 25, 1994. Copies of 
New Mexico's application for program revision are available for 
inspection and copying at the locations indicated in the ADDRESSES 
section of this document.
    Approval of New Mexico's program revision shall become effective 75 
days from the date this notice is published, unless an adverse written 
comment pertaining to the State's revision discussed in this document 
is received by the end of the comment period. If an adverse written 
comment is received, EPA will publish either: (1) A withdrawal of the 
immediate final decision; or (2) a document containing a response to 
the comment that either affirms that the immediate final decision takes 
effect or reverses the decision.
    New Mexico's program revision application includes State regulatory 
changes that are equivalent to the rules promulgated in the Federal 
RCRA implementing regulations in 40 CFR parts 124, 260-262, 264, 265, 
266 and 270 that were published in the Federal Register through 
December 4, 1992. This proposed approval includes the provisions that 
are listed in the chart below. This chart also lists the State analogs 
that are being recognized as equivalent to the appropriate Federal 
requirements.

------------------------------------------------------------------------
         Federal citation                       State analog            
------------------------------------------------------------------------
1. Petroleum Refinery Primary and    New Mexico Statutes Annotated      
 Secondary Oil/Water/Solids           (NMSA) 1978, Sections 74-4-4A(1)  
 separation Sludge Listings (F037     and 74-4-4E (Replacement Pamphlet 
 and F038), November 2, 1990 (55 FR   1993); New Mexico Hazardous Waste 
 46354-46397), as amended on          Management Regulations (HWMR),    
 December 17, 1990 (55 FR 51707).     HWMR-7; Part II, Section 201, as  
 (Checklists 81 and 81.1).            amended November 20, 1992.        
2. Wood Preserving Listings, (55 FR  NMSA 1978, Sections 74-4-4A(1) and 
 50450-50490), December 6, 1990.      74-4-4E (Repl. Pamp. 1993); HWMR- 
 (Checklist 82).                      7; PART I, PART II, PART III, PART
                                      V, PART VI and PART IX, Sections  
                                      101, 102, 201, 301, 501 & 502(A)  
                                      601, 602(A)(B), 901, and 902, as  
                                      amended November 20, 1992.        
3. Land Disposal Restrictions for    NMSA 1978, Sections 74-4-4A and 74-
 Third Third Scheduled Wastes;        4-4E (Repl. Pamp. 1993); HWMR-7   
 Technical Amendments, (56 FR 3864-   PART I, PART II, PART V, and PART 
 3928), January 31, 1991.             VI, and PART VII, Sections 101,   
 (Checklist 83).                      102, 201, 501, 502, 601, 602, and 
                                      701, as amended November 20, 1992.
4. Burning of Hazardous Waste in     NMSA 1978, Sections 74-4-4E (Repl. 
 Boilers and Industrial Furnaces,     Pamp. 1993); HWMR-7; PART I, PART 
 February 21, 1991 (56 FR 7134-       II, PART V, PART VI, and PART VII.
 7240). (Checklist 85).               Sections 101, 102, 201, 501, 502, 
                                      601, 602 and 701, as amended      
                                      November 20, 1992.                
5. Removal of Strontium Sulfide      NMSA 1978, Sections 74-4-4A(1) and 
 from the List of Hazardous Wastes;   74-4-4E (Repl. Pamp. 1993); HWMR- 
 Technical Amendment, (56 FR 7567-    7; PART II, Section 201, as       
 7568), February 25, 1991.            amended November 20, 1992.        
 (Checklist 86).                                                        
6. Organic Air Emission Standards    NMSA 1978, Section 74-4-4A and 74-4-
 for process Vents and Equipment      4E (Repl. Pamp. 1993); HWMR-7 PART
 Leaks; Technical Amendment, April    II, PART V, PART VI and PART IX.  
 26, 1991 (56 FR 19290). (Checklist   Sections 201, 501, 502, 601, 602, 
 87).                                 and 901, as amended November 20,  
                                      1992.                             
7. Administrative Stay for K069      NMSA 1978, Sections 74-4-4A(1) and 
 Listing, May 1, 1991 (56 FR          74-4-4E (Repl. Pamp. 1993); HWMR-7
 19951). (Checklist 88).              PART II, Section 201, as amended  
                                      November 20, 1992.                
8. Mining Waste Exclusion III, June  NMSA 1978, Sections 74-4-4A(1) and 
 13, 1991 (56 FR 27300). (Checklist   74-4-4E (Repl. Pamp. 1993); HWMR-7
 90).                                 PART II, Section 201, as amended  
                                      November 20, 1992.                
9. Wood Preserving Listings, June    NMSA 1978, Sections 74-4-4A(1) and 
 13, 1991 (56 FR 27332). (Checklist   74-4-4E (Repl. Pamp. 1993); HWMR-7
 91).                                 PART II Section 201, as amended   
                                      November 20, 1992.                
------------------------------------------------------------------------

    New Mexico is not authorized to operate the Federal program on 
Indian lands. This authority remains with EPA.

C. Decision

    I conclude that New Mexico's application for a program revision 
meets the statutory and regulatory requirements established by RCRA. 
Accordingly, New Mexico is granted final authorization to operate its 
hazardous waste program as revised. New Mexico now has responsibility 
for permitting treatment, storage, and disposal facilities within its 
borders and for carrying out the aspects of the RCRA program described 
in its revised program application, subject to the limitations of the 
HSWA. New Mexico also has primary enforcement responsibilities, 
although EPA retains the right to conduct inspections under section 
3007 of RCRA, and to take enforcement actions under sections 3008, 3013 
and 7003 of RCRA.

D. Codification in Part 272

    EPA uses 40 CFR part 272 for codification of the decision to 
authorize New Mexico's program and for incorporation by reference of 
those provisions of New Mexico's Statutes and regulations that EPA will 
enforce under sections 3008, 3013, and 7003 of RCRA. Therefore, EPA is 
reserving amendment of 40 CFR part 272, subpart GG until a later date.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify 
that this authorization will not have a significant economic impact on 
a substantial number of small entities. This authorization effectively 
suspends the applicability of certain Federal regulations in favor of 
New Mexico's program, thereby eliminating duplicative requirements for 
handlers of hazardous waste in the State. This authorization does not 
impose any new burdens on small entities. This rule, therefore, does 
not require a regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This notice is issued under the authority of sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: May 11, 1994.
Allyn M. Davis,
Acting Regional Administrator.
[FR Doc. 94-13960 Filed 6-8-94; 8:45 am]
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