[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Rules and Regulations]
[Pages 65432-65437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26962]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2009-0343 FRL-9217-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of New Mexico has applied to the EPA for final 
authorization of changes to its hazardous waste program under the 
Resource Conservation and Recovery Act (RCRA). The EPA has determined 
that these changes satisfy all requirements needed to qualify for final 
authorization, and is authorizing the State's changes through this 
immediate final action. The EPA is publishing this

[[Page 65433]]

rule to authorize the changes without a prior proposal because we 
believe this action is not controversial and do not expect comments 
that oppose it. Unless we receive written comments, which oppose this 
authorization during the comment period, the decision to authorize New 
Mexico's changes to its hazardous waste program will take effect. If we 
receive comments that oppose this action, we will publish a document in 
the Federal Register withdrawing this rule before it takes effect, and 
a separate document in the proposed rules section of this Federal 
Register will serve as a proposal to authorize the changes.

DATES: This final authorization will become effective on December 27, 
2010 unless the EPA receives adverse written comment by November 24, 
2010. If the EPA receives such comment, it will publish a timely 
withdrawal of this immediate final rule in the Federal Register and 
inform the public that this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov. 
Follow the online instructions for submitting comments.
    2. E-mail: [email protected].
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia 
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal 
Oversight Section (6PD-O), Multimedia Planning and Permitting Division, 
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    5. Instructions: Do not submit information that you consider to be 
CBI or otherwise protected through regulations.gov, or e-mail. The 
Federal regulations.gov Web site is an ``anonymous access'' system, 
which means the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to the EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, the EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. If the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. You can 
view and copy New Mexico's application and associated publicly 
available materials from 8:30 a.m. to 4 p.m. Monday through Friday at 
the following locations: New Mexico Environment Department, 2905 Rodeo 
Park Drive East, Building 1, Santa Fe, New Mexico 87505-6303, phone 
number (505) 476-6035 and EPA, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, phone number (214) 665-8533. Interested persons 
wanting to examine these documents should make an appointment with the 
office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson Region 6 Regional 
Authorization Coordinator, State/Tribal Oversight Section (6PD-O), 
Multimedia Planning and Permitting Division, (214) 665-8533), EPA 
Region 1445 Ross Avenue, Dallas, Texas 75202-2733, and e-mail address 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs necessary?

    States which have received final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal program. As the Federal program changes, 
States must change their programs and ask the EPA to authorize the 
changes. Changes to State programs may be necessary when Federal or 
State statutory or regulatory authority is modified or when certain 
other changes occur. Most commonly, States must change their programs 
because of changes to the EPA's regulations in 40 Code of Federal 
Regulations (CFR) parts 124, 260 through 266-268, 270, 273, and 279.

B. What decisions have we made in this rule?

    We conclude that New Mexico's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant New Mexico final authorization 
to operate its hazardous waste program with the changes described in 
the authorization application. New Mexico has responsibility for 
permitting treatment, storage, and disposal facilities within its 
borders (except in Indian Country) 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 of 1984 
(HSWA). New Federal requirements and prohibitions imposed by Federal 
regulations that the EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, the EPA will implement those requirements and 
prohibitions in New Mexico including issuing permits, until the State 
is granted authorization to do so.

C. What is the effect of today's authorization decision?

    The effect of this decision is that a facility in New Mexico 
subject to RCRA will now have to comply with the authorized State 
requirements instead of the equivalent Federal requirements in order to 
comply with RCRA. New Mexico has enforcement responsibilities under its 
State hazardous waste program for violations of such program, but the 
EPA retains its authority under RCRA sections 3007, 3008, 3013, and 
7003, which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses, 
or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether New Mexico 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which New Mexico is 
being authorized by today's action are already effective under State 
law, and are not changed by today's action.

D. Why wasn't there a proposed rule before today's rule?

    The EPA did not publish a proposal before today's rule because we 
view this as a routine program change and do not expect comments that 
oppose this approval. We are providing an opportunity for public 
comment now. In addition to this rule, in the proposed rules section of 
today's Federal Register we are publishing a separate document that 
proposes to authorize the State program changes.

E. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization, we 
will withdraw this rule by publishing a document in the Federal 
Register before the rule becomes effective. The EPA will

[[Page 65434]]

base any further decision on the authorization of the State program 
changes on the proposal mentioned in the previous paragraph. We will 
then address all public comments in a later final rule. You may not 
have another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time. If we receive comments that 
oppose only the authorization of a particular change to the State 
hazardous waste program, we will withdraw only that part of this rule, 
but the authorization of the program changes that the comments do not 
oppose will become effective on the date specified above. The Federal 
Register withdrawal document will specify which part of the 
authorization will become effective, and which part is being withdrawn.

F. For what has New Mexico previously been authorized?

    The State of New Mexico initially received final authorization on 
January 25, 1985 (50 FR 1515) to implement its base hazardous waste 
management program. New Mexico received authorization for revisions to 
its program on February 9, 1990 (55 FR 4604) effective April 10, 1990; 
March 19, 1990 (55 FR 10076); July 11, 1990 (55 FR 28397) effective 
July 25, 1990; October 5, 1992 (57 FR 45717) effective December 4, 
1992; June 9, 1994 (59 FR 29734) effective August 23, 1994; October 7, 
1994 (59 FR 51122) effective December 21, 1994; April 25, 1995 (60 FR 
20238) effective July 10, 1995; (61 FR 2450) January 2, 1996; December 
23, 1996 (61 FR 67474) effective March 10, 1997 and August 10, 2001 (66 
FR 42140) effective October 9, 2001 and (72 FR 46165) effective October 
16, 2007. The authorized New Mexico RCRA program was incorporated by 
reference to the CFR, effective December 13, 1993 (58 FR 52677); 
November 18, 1996 (61 FR 49265); July 13, 1998 (63 FR 23221); effective 
October 27, 2003, and March 25, 2009, (74 FR 12625); effective May 26, 
2009. On May 21, 2009 New Mexico submitted a final complete program 
revision application seeking authorization of its program revision in 
accordance with 40 CFR 271.21.
    New Mexico statutes provide authority for the NMED to administer 
the provisions of the State Hazardous Waste Management Program (HWMP). 
The New Mexico Environmental Improvement Act (EIA), NMSA 1978, Sections 
74-1-1 through 74-1-14 and the New Mexico Hazardous Waste Act (HWA) 
provide this authority. No amendments have been made to the EIA or HWA 
that affect the ability of the NMED to administer the HWMP. The NMED is 
the sole agency responsible for the HWMP.
    The NMED petitioned the New Mexico Environmental Improvement Board 
(EIB) to amend the HWMR, 20.4.1 for the EPA Federal rules promulgated 
from July 1, 2002, through July 1, 2008. The EIB adopted the amendments 
to the Hazardous Waste Management Regulations (HWMR) on November 3, 
2008, and these amendments became permanent rules effective March 1, 
2009.
    Thus, 20.4.1 NMAC provides equivalent and no less stringent 
authority than the adoption of Federal RCRA Subtitle C program in 
effect through July 1, 2008. This is the version that is referred to in 
the Attorney General's Statement and Certification submitted with this 
program revision. The 20 NMAC 4.1 became effective on March 1, 2009. 
New Mexico Statutes Annotated (NMAC) 1978 Sections 74-4-4A(1) and 74-4-
4F (2002) provides New Mexico with authority to adopt Federal 
regulations by reference with exceptions to federal rules that are not 
delegated to the State of New Mexico. Since the latest authorization 
the scope, structure, coverage, and processes have not materially 
changed.
    New Mexico, through the HWMR, has incorporated by reference the 
following federal RCRA regulations as amended through July 1, 2008: 40 
CFR parts 260-270, 40 CFR part 270; 40 CFR part 273; and 40 CFR part 
279 with the exception of 40 CFR 260.1(b)(6), 260.20, 260.22, 260.30, 
260.31, 260.32, 260.33, 263.20(e), 264.1(f), 264.149, 264.150, 
264.301(l), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), 
264.1080(g), 265.1(c)(4), 265.149, 265.150, 265.1030(c), 265.1050(f), 
265.1080(e), 265.1080(f), 265.1080(g); 268.5, 268.6, 268.42(b), 
268.44(a) through (g). New Mexico has incorporated by reference 40 CFR 
part 124, sections 124.31, 124.32, and 124.33 with exception to 40 CFR 
parts 124.1 and 124.2. Also, it has adopted regulations at 20.4.1.901 
NMAC, Permitting Procedures, that are equivalent to and no less 
stringent than the procedures of 40 CFR part 124 and required by 40 CFR 
271.14.
    The State of New Mexico has added regulations 20.4.1.1001.A(1), 
A(3), & .D requirements for aerosol cans as universal waste. An EPA 
memo dated February 13, 1997 (from Mike Shapiro to Senior RCRA Policy 
Managers in the EPA Regions), indicates that States that are already 
authorized for the universal waste rule may add additional wastes that 
meet the criteria for universal waste to their program. Such state-only 
wastes may be recognized as part of the State's authorized program; 
therefore, EPA Region 6 has determined that the State's aerosol can 
provisions can be recognized as part of the State's authorized program.
    20.4.1.1001.C--New Mexico has adopted an extensive revision to 
their universal waste program which would allow the intentional 
breaking and crushing of universal waste lamps in order to reduce their 
volume to facilitate management or transport to destination facilities. 
The State's regulations also include specific requirements with which 
the regulated community must comply. Further analysis will be performed 
to determine if the breaking and crushing of universal waste lamps will 
be authorized as part of the State's authorized program. Therefore, the 
EPA has determined that these requirements are not part of the State's 
authorized program. The lamp crushing provisions are excluded from this 
authorization.
    Performance Track (Non-HSWA) (Revision Checklist 204; 69 FR 21737, 
4[sol]24[sol]04, as amended at 69 FR 62217, 10[sol]24[sol]04). In New 
Mexico's Program Revision Application package for RCRA Clusters XIII 
through XVIII, the State indicates that it is seeking authorization for 
the Performance Track program, as addressed by Revision Checklist 204. 
However, on March 16, 2009, EPA announced its intention to halt and 
review the National Performance Track Program. Therefore, EPA Region 6 
has decided to exclude this rule from this authorization document. The 
EPA is also excluding from this authorization document, the specific 
Performance Track provisions addressed by the Burden Reduction 
Initiative Rule (71 FR 16862; 04[sol]04[sol]06; Revision Checklist 
213).

G. What changes are we authorizing with today's action?

    On May 21, 2009, New Mexico submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make an immediate final decision, 
subject to receipt of written comments that oppose this action, that 
New Mexico's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant the State of New Mexico Final authorization for the following 
changes: The State of New Mexico's program revisions consist of 
regulations which specifically govern Federal Hazardous Waste revisions 
promulgated from July 1, 2002 through July 1, 2008 (RCRA Clusters XIII-
XVIII). The State of New Mexico requirements are included in a chart 
with this document.

[[Page 65435]]



------------------------------------------------------------------------
                                   Federal Register
     Description of Federal       date and page (and/   Analogous State
 requirement (include checklist    or RCRA statutory       authority
      number, if relevant)             authority
------------------------------------------------------------------------
1. Zinc Fertilizer Rule.          67 FR 48393-48415,  New Mexico Statute
 (Checklist 200).                  July 24, 2002.      Annotated (NMSA)
                                                       1978, Section 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1. 200,
                                                       20.4.1.700, and
                                                       20.4.1.800 as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
2. Treatment Variance for         67 FR 62618-62624,  New Mexico Statute
 Radioactively Contaminated        October 7, 2002.    Annotated (NMSA)
 Batteries. (Checklist 201).                           1978, Section 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.800, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
3. Hazardous Air Pollutant        67 FR 77687-77692,  New Mexico Statute
 Standards for Combustors-         December 19, 2002.  Annotated (NMSA)
 Corrections 2. (Checklist 202).                       1978, Section 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.900, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
4. Recycled Used Oil Management   68 FR 44659-44665,  New Mexico Statute
 Standards; Clarification.         July 30, 2003.      Annotated (NMSA)
 (Checklist 203).                                      1978, Sections74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.200 and
                                                       20.4.1.1002, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
5. NESHAP: Surface Coating of     69 FR 22601-22661,  New Mexico Statute
 Automobiles and Light-Duty        April 26, 2004.     Annotated (NMSA)
 Trucks. (Checklist 205).                              1978, Section 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.500 and
                                                       20.4.1.600, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
6. Nonwastewaters from Dyes and   70 FR 9138-9180,    New Mexico Statute
 Pigments. (Checklist 206).        February 24, 2005.  Annotated (NMSA)
                                                       1978, Section 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.200 and
                                                       20.4.1.800, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
7. Uniform Hazardous Waste        70 FR 10776-10825,  New Mexico Statute
 Manifest Rule. (Checklist 207).   March 4, 2005.      Annotated (NMSA)
                                                       1978, Section 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.100,
                                                       20.4.1.200,
                                                       20.4.1.300,
                                                       20.4.1.400,
                                                       20.4.1.500, and
                                                       20.4.1.600, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
8. Methods Innovation Rule and    70 FR 34538-34592,  New Mexico Statute
 SW-846 Final Update IIIB.         June 14, 2005.      Annotated (NMSA)
 (Checklist 208).                                      1978, Section 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.100,
                                                       20.4.1.200,
                                                       20.4.1.500,
                                                       20.4.1.600,
                                                       20.4.1.700,
                                                       20.4.1.800,
                                                       20.4.1.900 and
                                                       20.4.1.1002, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
9. Universal Waste Rule:          70 FR 45508-45522,  New Mexico Statute
 Specific Provisions for Mercury   August 5, 2005.     Annotated (NMSA)
 Containing Equipment.                                 1978, Section 74-
 (Checklist 209).                                      4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.100,
                                                       20.4.1.200,
                                                       20.4.1.500,
                                                       20.4.1.600.4.1.80
                                                       0, 20.4.1.900,
                                                       and 20.4.1.1000,
                                                       as amended
                                                       November 3, 2008,
                                                       effective March
                                                       1, 2009.
10. Revisions of Wastewater       70 FR 57769-57785,  New Mexico Statute
 Treatment Exemptions for          October 4, 2005.    Annotated (NMSA)
 Hazardous Waste Mixture                               1978, Section 74-
 (``Headworks exemptions'').                           4-1. Hazardous
 (Checklist 211).                                      Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.200, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
11. NESHAP: Final Standards for   70 FR 59402-59579,  New Mexico Statute
 Hazardous Waste Combustors        October 12, 2005.   Annotated (NMSA)
 (Phase I Final Replacement                            1978, Section 74-
 Standards and Phase II).                              4-1. Hazardous
 (Checklist 212).                                      Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.100,
                                                       20.4.1.500,
                                                       20.4.1.600,
                                                       20.4.1.700, and
                                                       20.4.1.900, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.

[[Page 65436]]

 
12. Burden Reduction Initiative.  71 FR 16862-16915,  New Mexico Statute
 (Checklist 213).                  April 4, 2006.      Annotated (NMSA)
                                                       1978, Section 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.100,
                                                       20.4.1.200,
                                                       20.4.1.500,
                                                       20.4.1.501
                                                       (except
                                                       .501.A(2)),
                                                       20.4.1.600,
                                                       20.4.1.601,
                                                       20.4.1.700,
                                                       20.4.1.701,
                                                       20.4.1.800, and
                                                       20.4.1.902, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
                                                      Note: As discussed
                                                       in Section F, the
                                                       EPA is excluding
                                                       from this
                                                       authorization the
                                                       Performance Track
                                                       provisions
                                                       addressed by this
                                                       final rule.
13. Corrections to Errors in the  71 FR 40254-40280,  New Mexico Statute
 Code of Federal Regulations.      July 14, 2006.      Annotated (NMSA)
 (Checklist 214).                                      1978, Sections 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.100,
                                                       20.4.1.200,
                                                       20.4.1.300,
                                                       20.4.1.500,
                                                       20.4.1.600,
                                                       20.4.1.601,
                                                       20.4.1.700,
                                                       20.4.1.800,
                                                       20.4.1.900
                                                       20.4.1.1000, and
                                                       20.4.1.1002 as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
14. Cathode Ray Tubes Rule.       71 FR 42928-42949,  New Mexico Statute
 (Checklist 215).                  July 28, 2006.      Annotated (NMSA)
                                                       1978, Section 74-
                                                       4-1. Hazardous
                                                       Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.100, and
                                                       20.4.1.200, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
15. Exclusion of Oil-Bearing      73 FR 57-72,        New Mexico Statute
 Secondary Materials Processed     January 2, 2008.    Annotated (NMSA)
 in a Gasification System to                           1978, Section 74-
 Produce Synthesis. (Checklist                         4-1. Hazardous
 216).                                                 Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.100, and
                                                       20.4.1.200, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
16. NESHAP: Final Standards for   73 FR 18970-18984,  New Mexico Statute
 Hazardous Waste Combustors        April 8, 2008.      Annotated (NMSA)
 (Phase I Final Replacement                            1978, Section 74-
 Standards and Phase II)                               4-1. Hazardous
 Amendments. (Checklist 217).                          Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.500, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
17. F019 Exemption for            73 FR 31756-31769,  New Mexico Statute
 Wastewater Treatment Sludges      June 4, 2008.       Annotated (NMSA)
 from Auto Manufacturing Zinc                          1978, Section 74-
 Phosphating Processes.                                4-1. Hazardous
 (Checklist 218).                                      Waste Regulations
                                                       (HWMR), New
                                                       Mexico
                                                       Environmental
                                                       Improvement
                                                       Board, 20 NMAC,
                                                       20.4.1.200, as
                                                       amended November
                                                       3, 2008,
                                                       effective March
                                                       1, 2009.
------------------------------------------------------------------------

H. Where are the revised state rules different from the Federal rules?

    The State of New Mexico more stringent regulations are at Sections 
20.4.1.701 and 20.4.1.902. The State's more stringent regulations 
corresponds to Federal regulations 40 CFR 266.102(e)(10) and 270.14(a). 
There are no broader in scope provisions in this authorization 
document.

I. Who handles permits after the authorization takes effect?

    New Mexico will issue permits for all the provisions for which it 
is authorized and will administer the permits it issues. The EPA will 
continue to administer any RCRA hazardous waste permits or portions of 
permits, which we issued prior to the effective date of this 
authorization. We will not issue any more new permits or new portions 
of permits for the provisions listed in the Table in this document 
after the effective date of this authorization. The EPA will continue 
to implement and issue permits for HSWA requirements for which New 
Mexico is not yet authorized.

J. What is codification and is the EPA codifying New Mexico's hazardous 
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the CFR. We do this by referencing the authorized State 
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272; 
subpart GG for this authorization of New Mexico's program changes until 
a later date. In this authorization application the EPA is not 
codifying the rules documented in this Federal Register notice.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action

[[Page 65437]]

authorizes preexisting requirements under State law and does not impose 
any additional enforceable duty beyond that required by State law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4). For the same reason, this action also does 
not significantly or uniquely affect the communities of Tribal 
governments, as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). This action will not have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999), because it merely authorizes State 
requirements as part of the State RCRA hazardous waste program without 
altering the relationship or the distribution of power and 
responsibilities established by RCRA. This action also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant and it does not make decisions based on 
environmental health or safety risks. This rule is not subject to 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)) because it is not a significant regulatory action under 
Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for the EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the Executive 
Order. This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). 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 may take effect, the agency promulgating 
the rule a rule must submit a 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 will submit a report containing this 
document 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 in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register.
    This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). 
This action will be effective December 27, 2010.

List of Subjects in 40 CFR Part 271

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

    Authority: This action 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 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2010-26962 Filed 10-22-10; 8:45 am]
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