[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Rules and Regulations]
[Pages 53708-53710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25652]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5314-8]


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

AGENCY: Environmental Protection Agency (EPA).

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 

[[Page 53709]]
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 January 2, 
1996, 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 
December 1, 1995.

ADDRESSES: Copies of the New Mexico program revision application and 
the materials which EPA used in evaluating the revision are available 
for inspection and copying from 8:30 a.m. to 4 p.m., Monday through 
Friday at the following addresses: New Mexico Environment Department, 
1190 St Francis Drive, Santa Fe, New Mexico 87502, and U.S. EPA, Region 
6 Library, 12th Floor, First Interstate Bank Tower at Fountain Place, 
1445 Ross Avenue, Dallas, Texas 75202-2733, phone (214) 665-6444. 
Written comments, referring to Docket Number NM-95-2, should be sent to 
Alima Patterson, Region 6 Authorization Coordinator, Grants and 
Authorization Section (6PD-G), 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 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
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), December 21, 
1994 (see 59 FR 51122) and April 25, 1995 (see 60 FR 20238). 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 September 11, 1995, 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.
    New Mexico has statutory and regulatory authority to require 
corrective action for releases of hazardous waste or constituents from 
any solid waste management unit at a facility seeking a permit, 
regardless of when the waste was placed in the unit. New Mexico 
incorporates 40 CFR 264 and 270 by reference, with few exceptions, at 
20 NMAC 4.1.501, .502 and .901. The New Mexico citations are inclusive 
of the amendments to 40 CFR 264 and 270 promulgated July 15, 1985, at 
50 FR 28702. NMSA 1978, Secs. 74-4-4(A)(5)(h) and 74-4-4(E) provide New 
Mexico with the authority to adopt federal regulations by reference, 
including standards for taking corrective action. New Mexico has 
additional authority to require an owner or operator seeking a 
hazardous waste permit to take such corrective action pursuant to 
Sec. 74-4-4.2 (B)(C). Section 74-4-10(E) provides New Mexico with 
authority to issue an order requiring corrective action for a facility 
seeking a permit where there is or has been a release of hazardous 
waste into the environment from a facility.
    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 December 1, 
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.
    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 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.

                                                                        

[[Page 53710]]
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       Federal citation                       State analog              
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1. HSWA Codification Rule;     New Mexico Statutes Annotated (NMSA)     
 Corrective Action, (50 FR      1978, Secs. 74-4-4 (A) (5) (h), 74-4-4  
 28702) July 15, 1985.          (E), 74-4-4.2 (B) (C), Secs. 74-4-4(a)  
 Checklist 17L).                (5) (i), 74-4-10.1 and 74-4-10 (E)      
                                (Replacement Pamphlet 1993); Hazardous  
                                Waste Management, New Mexico            
                                Environmental Improvement Board, 20 New 
                                Mexico Administrative Code (NMAC)       
                                4.1.501, Subparts V, and IX, .501, .502 
                                and .901 as amended September 23, 1994, 
                                effective September 23, 1994.           
2. HSWA Codification Rule 2;   NMSA 1978, Secs. 74-4-4 (A) (6) and 74-4-
 Permit Application             4 (E) and 74-4-4.2 (A) (Repl. Pamp.     
 Requirements Regarding         1993); 20 NMAC 4.1.901 Subpart IX, as   
 Corrective Action, (52 FR      amended September 23, 1994, effective   
 45788) December 1, 1987.       September 23, 1994.                     
 (Checklist 44A).                                                       
3. HSWA Codification Rule 2;   NMSA 1978, Secs. 74-4-4 (A) (5) (i), 74-4-
 Corrective Action Beyond       4 (E), 74-4-4.2 (B), and 74-4-10 (E)    
 Facility Boundary, (52 FR      (Repl. Pamp. 1993); 20 NMAC 4.1.501     
 45788) December 1, 1987.       Subpart V and .502, as amended September
 (Checklist 44B).               23, 1994, effective September 23, 1994. 
4. HSWA Codification Rule 2;   NMSA 1978, Secs. 74-4-4 (A) (5) (f), (h) 
 Corrective Action for          and (i), 74-4-4 (E) and 74-4-4.2(B)     
 Injection Wells, (52 FR        (Repl. Pamp. 1993); 20 NMAC 4.1.901, as 
 45788) December 1, 1978.       amended December 1, 1987, effective     
 (Checklist 44C).               December 1, 1987.                       
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    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 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 
Hazardous and Solid Waste Amendments. 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 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

    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: October 6, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 95-25652 Filed 10-16-95; 8:45 am]
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