[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Rules and Regulations]
[Pages 23221-23226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11280]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[FRL-5988-2]


New Mexico: Final Authorization and Incorporation by Reference of 
State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: New Mexico has revised its hazardous waste program under the 
Resource Conservation and Recovery Act (RCRA). The EPA has reviewed New 
Mexico's changes to its program and has made a decision, subject to 
public review and comment, that New Mexico's hazardous waste program 
revisions satisfy 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's decision to approve New Mexico's hazardous waste 
program revisions will take effect as provided below. New Mexico's 
program revisions are available for public review and comment.
    The EPA uses part 272 of Title 40 Code of Federal Regulations (CFR) 
to provide notice of the authorization status of State programs, and to 
incorporate by reference EPA's approval of those provisions of the 
State statutes and regulations that EPA will enforce under RCRA 
sections 3008, 3013 and 7003. Thus, EPA intends to incorporate the New 
Mexico Authorized State Program by reference in 40 CFR part 272. The 
purpose of this action is to incorporate by reference EPA's approval of 
recent revisions to New Mexico's program.

DATES: Final authorization for New Mexico's program revisions shall be 
effective July 13, 1998 unless EPA publishes a prior FR action 
withdrawing this immediate final rule. All comments on New Mexico's 
program revisions must be received by the close of business May 28, 
1998. The incorporation of certain publications listed in the 
regulations is approved by the Director of the Federal Register as of 
July 13, 1998 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Copies of New Mexico's program revisions and materials EPA 
used in evaluating the revisions are available for 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, Phone number: (505) 827-1558; EPA Region 6 Library, 12th 
Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone number: (214) 
665-6444. Written comments referring to Docket Number NM98-1 should be 
sent to Alima Patterson, Region 6 Authorization Coordinator, Grants and 
Authorization Section (6PD-G), Multimedia Planning and Permitting 
Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
Phone number: (214) 665-8533.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, Phone number: (214) 665-8533.


[[Page 23222]]



SUPPLEMENTARY INFORMATION:

I. Authorization of State Initiated Changes

A. Background

    States with final authorization under section 3006(b) of the RCRA, 
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. In addition, as an 
interim measure, the Hazardous and Solid Waste Amendments of 1984 
(Public Law 98-616, November 8, 1984, hereinafter HSWA) allow States to 
revise their programs to become substantially equivalent instead of 
equivalent to RCRA requirements promulgated under HSWA authority. 
States exercising the latter option receive ``interim authorization'' 
for the HSWA requirements under section 3006(g) of RCRA, 42 U.S.C. 
6926(g), and later apply for final authorization for the HSWA 
requirements.
    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 266, 268, 270, 273, and 279.

B. New Mexico

    The State of New Mexico received final authorization to implement 
its base hazardous waste management program, on January 25, 1985, (50 
FR 1515). New Mexico received authorization for revisions to its 
program on April 10, 1990 (55 FR 4604); July 25, 1990 (55 FR 28397); 
December 4, 1992 (57 FR 45717); August 23, 1994 (59 FR 29734); December 
21, 1994 (59 FR 51122); July 10, 1995 (60 FR 20238); January 2, 1996 
(60 FR 53708) as affirmed by EPA in the Federal Register notice 
published on January 26, 1996 (61 FR 2450)); and March 10, 1997 (61 FR 
67474). The authorized New Mexico RCRA program was incorporated by 
reference to the CFR, effective December 13, 1993 (58 FR 52677); August 
21, 1995 (60 FR 32113); and November 18, 1996 (61 FR 49265).
    With respect to today's document, New Mexico has made conforming 
changes to make its regulations internally consistent relative to the 
revisions made for the above listed authorizations. New Mexico has also 
changed its regulations to make them more consistent with the Federal 
requirements. The EPA has reviewed these changes and has made an 
immediate final decision, in accordance with 40 CFR 271.21(b)(3), that 
New Mexico's hazardous waste program revisions satisfy all of the 
requirements necessary to qualify for final authorization. 
Consequently, EPA grants final authorization for the additional program 
modifications to New Mexico's hazardous waste program. As explained in 
the Proposed Rule section of today's FR, the public may submit written 
comments on EPA's immediate final decision until June 12, 1998. Copies 
of New Mexico's program revisions 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 in 
75 days unless an adverse comment pertaining to the State's revision 
discussed in this notice is received by the end of the comment period. 
If an adverse comment is received EPA will publish either: (1) a 
withdrawal of the immediate final decision or, (2) a notice containing 
a response to comments which either affirms that the immediate final 
decision takes effect or reverses the decision.
    New Mexico is authorized to carry out, in lieu of the Federal 
program, the State-initiated changes to Title 20, Chapter 4, Part 1, 
New Mexico Annotated Code (20 NMAC 4.1), Sections 4.1.300 and 4.1.301 
(analogous to 40 CFR Part 262) and 4.1.901.A.1 (analogous to 40 CFR 
124.6(a)). The State regulations were effective November 1, 1995. In 
addition, EPA is authorizing changes to 4.1.1109 which was effective 
November 1, 1995. This provision does not have a direct analog in the 
Federal RCRA regulations however, none of these provisions are 
considered broader in scope than the Federal program. This is so 
because these provisions were either previously authorized as part of 
New Mexico's base authorization or have been added to make the State's 
regulations internally consistent with changes made for the other 
authorizations listed in the first paragraph of this section. The EPA 
has reviewed these provisions and has determined that they are 
consistent with and no less stringent than the Federal requirements. 
Additionally, this authorization does not affect the status of State 
permits and those permits issued by EPA because no new substantive 
requirements are a part of these revisions.
    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 program revisions meet all of the 
statutory and regulatory requirements established by RCRA. Accordingly, 
New Mexico is granted final authorization to operate its hazardous 
waste program as revised assuming no adverse comments are received, as 
discussed above.
    New Mexico now has responsibility for permitting treatment, 
storage, and disposal facilities within its borders and 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.

II. Incorporation by Reference

A. Background

    Effective December 13, 1993, August 21, 1995 and November 18, 1996, 
EPA incorporated by reference New Mexico's then authorized hazardous 
waste program (58 FR 52677, 60 FR 32113 and 61 FR 49265). Effective 
March 10, 1997 (61 FR 67474), EPA granted authorization to New Mexico 
for additional program revisions. In this document, EPA is 
incorporating the currently authorized State hazardous waste program in 
New Mexico.
    The EPA provides both notice of its approval of State programs in 
40 CFR part 272 and incorporates by reference therein the State 
statutes and regulations that EPA will enforce under sections 3008, 
3013 and 7003 of RCRA. This effort will provide clearer notice to the 
public of the scope of the authorized program in New Mexico. Such 
notice is particularly important in light of HSWA, (PL 98-616). 
Revisions to State hazardous waste programs are necessary when Federal 
statutory or regulatory authority is modified. Because HSWA extensively 
amended RCRA, State programs must be modified to reflect those 
amendments. By incorporating by reference the authorized New Mexico 
program and by amending the CFR whenever a new or different set of 
requirements is authorized in New Mexico, the status of Federally 
approved requirements of the New Mexico program will be readily 
discernible.
    The Agency will only enforce those provisions of the New Mexico 
hazardous waste management program for which authorization approval has 
been granted by EPA. This document incorporates by reference provisions 
of State hazardous waste statutes and regulations and clarifies which 
of these provisions are included in the authorized and Federally 
enforceable program.

[[Page 23223]]

B. New Mexico Authorized Hazardous Waste Program

    The EPA is incorporating by reference the New Mexico authorized 
hazardous waste program in subpart GG of 40 CFR part 272. The State 
statutes and regulations are incorporated by reference at 
Sec. 272.1601(b)(1) and the Memorandum of Agreement, the Attorney 
General's Statement and the Program Description are referenced at 
Sec. 272.1601(b)(5), (b)(6) and (b)(7), respectively.
    The Agency retains the authority under sections 3007, 3008, 3013 
and 7003 of RCRA to undertake enforcement actions in authorized States. 
With respect to such an enforcement action, the Agency will rely on 
Federal sanctions, Federal inspection authorities, and the Federal 
Administrative Procedure Act rather than the authorized State analogues 
to these requirements. Therefore, the Agency does not intend to 
incorporate by reference for purposes of enforcement such particular, 
authorized New Mexico enforcement authorities. Section 272.1601(b)(2) 
of 40 CFR lists those authorized New Mexico authorities that are part 
of the authorized program but are not incorporated by reference.
    The public also needs to be aware that some provisions of the 
State's hazardous waste management program are not part 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) Federal rules for which New Mexico is not authorized, but which 
have been incorporated into the State regulations because of the way 
the State adopted Federal regulations by reference.
    State provisions which are ``broader in scope'' than the Federal 
program are not part of the State's authorized program and are not 
incorporated by reference in 40 CFR part 272. Section 272.1601(b)(3) of 
40 CFR lists for reference and clarity the New Mexico provisions which 
are ``broader in scope'' than the Federal program and which are not, 
therefore, part of the authorized program being incorporated by 
reference. ``Broader in scope'' provisions will not be enforced by EPA; 
the State, however, will continue to enforce such provisions.
    New Mexico has adopted but is not authorized for the Federal rules 
published in the Federal Register from January 28, 1983 through March 
20, 1984 (48 FR 3977, 48 FR 39611, 48 FR 52718, 49 FR 5308, and 49 FR 
10490); amendments to the Toxicity Characteristic Rule as published on 
October 5, 1990 (55 FR 40834), February 1, 1991 (56 FR 3978), February 
13, 1991 (56 FR 5910) and April 2, 1991 (56 FR 13406); amendments to 
the F037 and F038 listings as published on May 13, 1991 (56 FR 21955); 
amendments to 40 CFR parts 260, 261, 264, 265 and 266 relative to the 
Recycled Used Oil Management Standards, as published on September 10, 
1992 (57 FR 41565) and May 3, 1993 (58 FR 26420); amendments to the 
Boilers and Industrial Furnace Rule as published on November 9, 1993 
(58 FR 59598); amendments to 40 CFR part 261 addressing Conditional 
Exemption for Scale Treatability Studies as published on February 18, 
1994 (59 FR 8362) and amendments to 40 CFR part 264 regarding Letter of 
Credit as published on June 10, 1994 (59 FR 29958). Therefore, these 
Federal amendments included in New Mexico's adoption by reference of 
the Federal code at Title 20, Chapter 4, Part 1, New Mexico 
Administrative Code (20 NMAC 4.1), Subparts I, II, V, VI, and VII are 
not Federally enforceable.
    Since EPA cannot enforce a State's requirements which have not been 
reviewed and approved according to the Agency's authorization 
standards, it is important that EPA clarify any limitations on the 
scope of a State's approved hazardous waste program. Thus, in those 
instances where a State's method of adopting Federal law by reference 
has the effect of including unauthorized requirements, EPA will provide 
this clarification by: (1) incorporating by reference the relevant 
State legal authorities according to the requirements of the Office of 
Federal Register; and (2) subsequently identifying in 272.1601(b)(4) 
any requirements which, while adopted and incorporated by reference, 
are not authorized by EPA, and therefore are not Federally enforceable. 
Thus, notwithstanding the language in the New Mexico hazardous waste 
regulations incorporated by reference at 272.1601(b)(1), EPA would only 
enforce the State provisions that are actually authorized by EPA. With 
respect to HSWA requirements for which the State has not yet been 
authorized, EPA will continue to enforce the Federal HSWA standards 
until the State receives specific HSWA authorization from EPA.

C. HSWA Provisions

    As noted above, the Agency is not amending 40 CFR part 272 to 
include HSWA requirements and prohibitions that are immediately 
effective in New Mexico and other States. Section 3006(g) of RCRA 
provides that any requirement or prohibition of HSWA (including 
implementing regulations) takes effect in authorized States at the same 
time that it takes effect in nonauthorized States. Thus, EPA has 
immediate authority to implement a HSWA requirement or prohibition once 
it is effective. A HSWA requirement or prohibition supercedes any less 
stringent or inconsistent State provision which may have been 
previously authorized by EPA (50 FR 28702, July 15, 1985).
    Because of the vast number of HSWA statutory and regulatory 
requirements taking effect over the next few years, EPA expects that 
many previously authorized and incorporated by reference State 
provisions will be affected. The States are required to revise their 
programs to adopt the HSWA requirements and prohibitions by the 
deadlines set forth in 40 CFR 271.21, and then to seek authorization 
for those revisions pursuant to 40 CFR part 271. The EPA expects that 
the States will be modifying their programs substantially and 
repeatedly. Instead of amending the 40 CFR part 272 every time a new 
HSWA provision takes effect under the authority of RCRA section 
3006(g), EPA will wait until the State receives authorization for its 
analog to the new HSWA provision before amending the State's 40 CFR 
part 272 incorporation by reference. In the interim, persons wanting to 
know whether a HSWA requirement or prohibition is in effect should 
refer to 40 CFR 271.1(j), as amended, which lists each such provision.
    The incorporation by reference of State authorized programs in the 
CFR should substantially enhance the public's ability to discern the 
current status of the authorized State program and clarify the extent 
of Federal enforcement authority. This will be particularly true as 
more State program revisions to adopt HSWA provisions are authorized.
Unfunded Mandates Reform Act
    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments and the private sector. Under sections 202 and 205 of the 
UMRA, EPA generally must prepare a written statement of economic and 
regulatory alternatives analyses for proposed and final rules with 
Federal mandates, as defined by the UMRA, that may result in 
expenditures to State,

[[Page 23224]]

local, and tribal governments, in the aggregate, or to the private 
sector, of $100 million or more in any one year. The sections 202 and 
205 requirements do not apply to today's action because it is not a 
``Federal mandate'' and because it does not impose annual costs of $100 
million or more.
    Today's rule contains no Federal mandates for State, local or 
tribal governments or the private sector for two reasons. First, 
today's action does not impose new or additional enforceable duties on 
any State, local or tribal governments or the private sector because it 
merely grants authorization for existing requirements with which 
regulated entities must already comply under State law. Second, the Act 
also generally excludes from the definition of a ``Federal mandate'' 
duties that arise from participation in a voluntary Federal program. 
The requirements being authorized and codified today are the result of 
New Mexico's voluntary participation in accordance with RCRA subtitle 
C.
    Even if today's rule did contain a Federal mandate, this rule will 
not result in annual expenditures of $100 million or more for State, 
local, and/or tribal governments in the aggregate, or the private 
sector because today's action grants authorization as well as 
incorporating by reference an existing State program that EPA 
previously authorized. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.
    The requirements of section 203 of UMRA also do not apply to 
today's action. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
tribal governments, section 203 of UMRA requires EPA to develop a small 
government agency plan. This rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. The 
Agency recognizes that although small governments may be hazardous 
waste generators, transporters, or own and/or operate treatment, 
storage, and disposal facilities, this codification incorporates into 
the CFR New Mexico's requirements which have already been authorized by 
EPA under 40 CFR part 271 and, thus, small governments are not subject 
to any additional significant or unique requirements by virtue of this 
authorization and codification.
Certification Under the Regulatory Flexibility Act
    The EPA has determined that this authorization and codification 
will not have a significant economic impact on a substantial number of 
small entities. Such small entities which are hazardous waste 
generators, transporters, or which own and/or operate treatment, 
storage, or disposal facilities are already subject to the state 
requirements authorized by EPA under 40 CFR part 271. The EPA's 
authorization and codification does not impose any additional burdens 
on these small entities. This is because EPA's codification would 
simply result in an administrative change, rather than a change in the 
substantive requirements imposed on small entities.
    Therefore, EPA provides the following certification under the 
Regulatory Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b), 
I hereby certify that this codification will not have a significant 
economic impact on a substantial number of small entities. This 
codification incorporates New Mexico's requirements into the CFR which 
have been authorized by EPA under 40 CFR part 271. It does not impose 
any new burdens on small entities. This rule, therefore, does not 
require a regulatory flexibility analysis.
Submission to Congress and the Comptroller General
    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. The EPA submitted a report containing this rule 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).
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.
Paperwork Reduction Act
    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

List of Subjects in 40 CFR Part 272

    Environmental Protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste transportation, 
Hazardous waste, Incorporation by reference, 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: March 19, 1998.
Lynda F. Carroll,
Acting Deputy Regional Administrator, Region 6.

    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: Sections 2002(a), 3006, and 7004(b) of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 
6974(b).

    2. Subpart GG is amended by revising Sec. 272.1601 to read as 
follows:


Sec. 272.1601  New Mexico State-Administered Program: Final 
Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), New 
Mexico has final authorization for the following elements as submitted 
to EPA in New Mexico's base program application for final authorization 
which was approved by EPA effective January 25, 1985. Subsequent 
program revision applications were approved effective on April 10, 
1990, July 25, 1990, December 4, 1992, August 23, 1994, December 21, 
1994, July 10, 1995, January 2, 1996, March 10, 1997 and June 13, 1998.
    (b) State Statutes and Regulations.
    (1) The New Mexico statutes and regulations cited in this paragraph 
are incorporated by reference as part of the hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (i) The EPA Approved New Mexico Statutory Requirements Applicable 
to the Hazardous Waste Management Program, dated September 1997.
    (ii) The EPA Approved New Mexico Regulatory Requirements Applicable 
to the Hazardous Waste Management Program, dated September 1997.
    (2) The following statutes and regulations concerning State

[[Page 23225]]

enforcement, although not incorporated by reference, are part of the 
authorized State program:
    (i) New Mexico Statutes 1978 Annotated, Inspection of Public 
Records Act, Chapter 14, Article 2, (1994 Cumulative Supplement), 
Sections 14-2-1 et seq.
    (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (1993 Replacement Pamphlet), Sections 74-4-4 
(except 74-4-4C), 74-4-4.1, 74-4-4.2C through 74-4-4.2F, 74-4-4.2G(1), 
74-4-4.2H, 74-4-4.2I, 74-4-4.3 (except 74-4-4.3A(2) and 74-4-4.3F), 74-
4-4.7B, 74-4-4.7C, 74-4-5, 74-4-7, 74-4-10, 74-4-10.1 (except 74-4-
10.1C), 74-4-11 through 74-4-14.
    (iii) Title 20, Chapter 4, Part 1, New Mexico Administrative Code 
(20 NMAC 4.1), effective November 11, 1995, Subpart IX, Section 4.1.901 
(except 4.1.901.B.1 through 4.1.901.B.6); and Subpart X, Sections 
4.1.1101, 4.1.1105, 4.1.1106, and 4.1.1109.
    (3)(i) The following statutory provisions are broader in scope than 
the Federal program, are not part of the authorized program, and are 
not incorporated by reference:
    (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (1993 Replacement Pamphlet), Sections 74-4-3.3 
and 74-4-4.2J.
    (4) Unauthorized State Provisions (i) The State's adoption of the 
Federal rules listed below is not approved by EPA and are, therefore, 
not enforceable:

------------------------------------------------------------------------
                                      Federal Register      Publication 
        Federal requirement               reference            date     
------------------------------------------------------------------------
Biennial Repot....................  48 FR 3977..........        01/28/83
Permit Rules; Settlement Agreement  48 FR 39611.........        09/01/83
Interim Status Standards;           48 FR 52718.........        11/22/83
 Applicability.                                                         
Chlorinated Aliphatic Hydrocarbon   49 FR 5308..........        02/10/84
 Listing (F024).                                                        
National Uniform Manifest.........  49 FR 10490.........        03/20/84
Recycled Used Oil Management        57 FR 41566:                09/10/92
 Standards.                          Amendments to 40                   
                                     CFR Parts 260, 261                 
                                     and 266.                           
                                    58 FR 26420:                05/03/93
                                     Amendments to 40                   
                                     CFR Parts 261, 264                 
                                     and 265.                           
Revision of Conditional Exemption   59 FR 8362..........        02/18/94
 for Small Scale Treatability                                           
 Studies.                                                               
Letter of Credit Revision.........  59 FR 29958.........        06/10/94
------------------------------------------------------------------------

    (ii) Additionally, New Mexico has adopted but is not authorized to 
implement the HSWA rules that are listed below in lieu of EPA. The EPA 
will continue to enforce the Federal HSWA standards for which New 
Mexico is not authorized until the State receives specific 
authorization from EPA.

------------------------------------------------------------------------
                                      Federal Register      Publication 
        Federal requirement               reference            date     
------------------------------------------------------------------------
Toxicity..........................  55 FR 40834.........        10/05/90
Characteristic....................  56 FR 3978..........        02/01/91
Hydrocarbon Recovery Operations...  56 FR 13406.........        04/02/91
Toxicity..........................  56 FR 5910..........        02/13/91
Characteristic                                                          
Chlorofluorocarbon                                                      
Refrigerants                                                            
Revisions to the Petroleum          56 FR 21955.........        05/13/91
 Refining Primary and Secondary                                         
 Oil/Water/Solids Separation                                            
 Sludge Listings (F037 and F038).                                       
Boilers and Industrial Furnaces;    58 FR 59598.........        11/09/93
 Administrative Stay and Interim                                        
 Standards for Bevill Residues.                                         
------------------------------------------------------------------------

    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the State of New Mexico signed by the EPA Regional 
Administrator on December 11, 1996, is referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization,'' signed by the Attorney General of New Mexico 
on January 1985, and revisions, supplements and addenda to that 
Statement dated April 13, 1988; September 14, 1988; July 19, 1989; July 
23, 1992; February 14, 1994; July 18, 1994; July 20, 1994; August 11, 
1994; November 28, 1994; August 24, 1995; and January 12, 1996, are 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto 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 is amended by revising the listing for 
``New Mexico'' to read as follows:
* * * * *

New Mexico

    The statutory provisions include:
    New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 
74, Article 4 (1993 Replacement Pamphlet), Sections 74-4-2, 74-4-3 
(except 74-4-3L, 74-4-3O and 74-4-3R), 74-4-3.1, 74-4-4.2A, 74-4-4.2B, 
74-4-4.2G introductory paragraph, 74-4-4.2G(2), 74-4-4.3F, 74-4-4.7 
(except 74-4-4.7B and 74-4-4.7C), 74-4-9 and 74-4-10.1C, as published 
by the Michie Company, Law Publishers, 1 Town Hall Square, 
Charlottesville, Virginia 22906-7587.
    The regulatory provisions include:
    Title 20, Chapter 4, Part 1, New Mexico Annotated Code (20 NMAC 
4.1), effective November 11, 1995, Subpart I, Sections 4.1.101 and 
4.1.102; Subpart II, Section 4.1.200; Subpart III, Sections 4.1.300 and 
4.1.301; Subpart IV,

[[Page 23226]]

Sections 4.1.400 and 4.1.401; Subpart V, Sections 4.1.500 and 4.1.501; 
Subpart VI, Sections 4.1.600 and 4.1.601; Subpart VII, Section 4.1.700; 
Subpart VIII, Section 4.1.800; Subpart IX, Sections 4.1.900, 
4.1.901.B.1 through 4.1.901.B.6; and Subpart X, Section 4.1.1103. 
Copies of the New Mexico regulations can be obtained from the New 
Mexico Commission of Public Records, State Records Center and Archives, 
State Rules Division, 404 Montezuma Avenue, Santa Fe, NM 87501-2502.
* * * * *
[FR Doc. 98-11280 Filed 4-27-98; 8:45 am]
BILLING CODE 6560-50-P