[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Rules and Regulations]
[Pages 20238-20240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10143]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5196-4]


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 authorization of 
revision to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). The Environmental Protection Agency (EPA) 
reviewed New Mexico's application and determined that its hazardous 
waste program revision satisfies all of the requirements necessary to 
qualify for 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 Hazardous and Solid Waste Amendments of 1984. New Mexico's 
application for the program revision is available for public review and 
comment.

DATES: This authorization for New Mexico shall be effective July 10, 
1995 unless EPA publishes a prior Federal Register (FR) action 
withdrawing this immediate final rule. All comments on New Mexico's 
program revision application must be received by the close of business 
June 10, 1995.

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 U.S. 
EPA, Region 6 Library, 12th Floor, First Interstate Bank Tower at 
Fountain Place, [[Page 20239]] 1445 Ross Avenue, Dallas, Texas 75202-
2733, phone (214) 665-6444. Written comments, referring to Docket 
Number NM-95-1, should be sent to Alima Patterson, Region 6 AR-NM 
Authorization Coordinator, Grants and Authorization Section (6H-HS), 
RCRA Programs Branch, U.S. EPA Region 6, First Interstate Bank Tower at 
Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-
8533.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 AR-NM 
Authorization Coordinator, Grants and Authorization Section (6H-HS), 
RCRA Programs Branch, U.S. EPA Region 6, First Interstate Bank Tower at 
Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-
8533.

SUPPLEMENTARY INFORMATION:

A. Background

    States authorized 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, 260-268, and 270.

B. New Mexico

    New Mexico received 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), December 4, 
1992 (see 57 FR 45717), August 23, 1994 (see 59 FR 29734) and December 
21, 1994 (see 59 FR 51122). The authorized New Mexico RCRA program was 
incorporated by reference to the Code of Federal Regulations (CFR), 
effective December 13, 1993 (see 58 FR 52677). On December 23, 1994, 
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).
    On August 24, 1994, New Mexico promulgated 20 New Mexico 
Administrative Code (NMAC) 4.1 which adopts the July 1, 1993, version 
of 40 CFR part 261. Specifically, 20 NMAC 4.1, which became effective 
30 days after filing on September 23, 1994, incorporates by reference 
40 CFR part 261 at 20 NMAC 4.1.201. This is the version that is 
referred to in the Attorney General's Statement submitted with this 
program revision. Also, 20 NMAC 4.1.201 is inclusive of the 
identification and listing amendments to 40 CFR part 261 promulgated 
June 13, 1991, at 56 FR 27332; August 18, 1992, at 57 FR 37284; October 
15, 1992, at 57 FR 47376; and December 24, 1992, at 57 FR 61492. New 
Mexico Statutes Annotated (NMSA) 1978, Secs. 74-4-4A(1) and 74-4-4E 
(Replacement Pamphlet 1993) provides New Mexico with authority to adopt 
federal regulations by reference including the sections on 
identification and listing.
    EPA reviewed New Mexico's application and made an immediate final 
determination that New Mexico's hazardous waste program revision 
satisfies all of the requirements necessary to qualify for 
authorization. Consequently, EPA intends to grant authorization for the 
additional program modifications to New Mexico. The public may submit 
written comments on EPA's proposed final decision until June 9, 1995. 
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 notice.
    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 notice 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 notice containing a response to the 
comment that either affirms that the immediate final decision takes 
effect or reverses the decision.
    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 June 
30, 1993. 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.

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          Federal citation                       State analog           
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1. Toxicity Characteristics          New Mexico Statutes Annotated      
 Revisions; Technical Corrections,    (NMSA) 1978, Secs. 74-4-4A(1) and 
 (57 FR 30657-30658) July 10, 1992.   74-4-4E (Replacement Pamphlet     
 (Checklist 108).                     1993); Hazardous Waste Management,
                                      New Mexico Environmental          
                                      Improvement Board, 20 New Mexico  
                                      Administrative Code (NMAC)        
                                      4.1.201, Subparts II, V, VI, and  
                                      VIII, .501, .502, .601, .602 and  
                                      .801 as amended September 23,     
                                      1994, effective September 23,     
                                      1994.                             
2. Land Disposal Restrictions for    NMSA 1978, Secs. 74-4-4A and 74-4- 
 Newly Listed Wastes and Hazardous    4E (Repl. Pamp. 1993); 20 NMAC    
 Debris, (57 FR 37194-37282) August   4.1.101 and 4.1.201 Subparts III, 
 18, 1992. (Checklist 109).           V, VI, VIII and IX, .301, .501,   
                                      .502, .601, .602, .801 and .901 as
                                      amended September 23, 1994,       
                                      effective September 23, 1994.     
3. Coke By-Products Listings, (57    NMSA 1978, Secs. 74-4-4A(1) and 74-
 FR 37284-37306) August 18, 1992.     4-4E (Repl. Pamp. 1993); 20 NMAC  
 (Checklist 110).                     4.1.201 as amended September 23,  
                                      1994, effective September 23,     
                                      1994.                             
4. Burning of Hazardous Waste in     NMSA 1978, Secs. 74-4-4A and 74-4- 
 Boilers and Industrial Furnaces;     4E (Repl. Pamp. 1993); 20 NMAC    
 Technical Amendment III, (57 FR      4.1.201 as amended September 23,  
 38558-38566) August 25, 1992.        1994, effective September 23,     
 (Checklist 111).                     1994.                             
5. Consolidated Liability            NMSA 1978, Secs. 74-4-4A(5)(f) and 
 Requirements, (53 FR 42832)          74-4-4E (Repl. Pamp. 1993); 20    
 September 16, 1992, (53 FR 33938-    NMAC 4.1.501, Subparts V, and VI, 
 33960) September 1, 1988, (56 FR     .502, .601 and .602 as amended    
 30200) July 1, 1991 and (57 FR       September 23, 1994, effective     
 42832-42844) September 16, 1992.     September 23, 1994.               
 (Checklist 113, 113.1 and 113.2).                                      
[[Page 20240]]                                                          
                                                                        
6. Burning of Hazardous Waste in     NMSA 1978, Secs. 74-4-4A and 74-4- 
 Boilers and Industrial Furnaces,     4E (Repl. Pamp. 1993); 20 NMAC    
 Amendment IV, (57 FR 44999-45001)    4.1.101, Subparts I, II, V, VI and
 September 30, 1992. (Checklist       VII, .102, .201, .501, .502, .601,
 114).                                .602 and .701 as amended September
                                      23, 1994, effective September 23, 
                                      1994.                             
7. Chlorinated Toluene Production    NMSA 1978, Secs. 74-4-4A(1) and 74-
 Waste Listing, (57 FR 47376-47386)   4-4E (Repl. Pamp. 1993); 20 NMAC  
 October 15, 1992. (Checklist 115).   4.1.201 as amended September 23,  
                                      1994, effective September 23,     
                                      1994.                             
8. Hazardous Soil Case-By-Case       NMSA 1978, Secs. 74-4-4A and 74-4- 
 Capacity Variance, (57 FR 47772-     4E (Repl. Pamp. 1993); 20 NMAC    
 47776) October 20, 1992.             4.1.801 as amended September 23,  
 (Checklist 116).                     1994, effective September 23,     
                                      1994.                             
9. Toxicity Characteristic           NMSA 1978, Secs. 74-4-4A(1) and 74-
 Amendment, (57 FR 23062-23063)       4-4E (Repl. Pamp. 1993); 20 NMAC  
 June 1, 1992. (Checklist 117B).      4.1.201 Subparts II, V, VI, and   
                                      VIII .201, .501, .502, .601, .602 
                                      and .801 as amended September 23, 
                                      1994, effective September 23,     
                                      1994.                             
10. Liquids in Landfills II, (57 FR  NMSA 1978, Secs. 74-4-4A and 74-4- 
 54452-54461) November 18, 1992.      4E (Repl. Pamp. 1993); 20 NMAC    
 (Checklist 118).                     4.1.101, Subparts I, II, V, and   
                                      VI, .102, .501, .502, .601, and   
                                      .602 as amended September 23,     
                                      1994, effective September 23,     
                                      1994.                             
11. Wood Preserving; Amendments to   NMSA 1978, Secs. 74-4-4A, 74-4-    
 Listings and Technical               4A(1) and 74-4-4E (Repl. Pamp.    
 Requirements, (57 FR 61492-61505)    1993); 20 NMAC 4.1.201 and        
 December 24, 1992. (Checklist 120).  4.1.301, Subparts II, III, V, and 
                                      VI, .201, .501, .502, .601,       
                                      and.602 as amended September 23,  
                                      1994, effective September 23,     
                                      1994.                             
12. Land Disposal Restrictions;      NMSA 1978, Secs. 74-4-4A and 74-4- 
 Renewal of the Hazardous Waste       4E (Repl. Pamp. 1993); 20 NMAC    
 Debris Case-By-Case Capacity         4.1.801 as amended September 23,  
 Variance, (58 FR 28506-28511) May    1994, effective September 23,     
 14, 1993. (Checklist 123).           1994.                             
13. Land Disposal Restrictions for   NMSA 1978, Secs. 74-4-4A and 74-4- 
 Ignitable and Corrosive              4E (Repl. Pamp. 1993); 20 NMAC    
 Characteristic Wastes Whose          4.1.801 as amended September 23,  
 Treatment Standards Were Vacated,    1994, effective September 23,     
 (58 FR 29860-29887) May 24, 1993.    1994.                             
 (Checklist 124).                                                       
------------------------------------------------------------------------

    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 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 section 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 3 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

    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: April 17, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 95-10143 Filed 4-24-95; 8:45 am]
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