[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Rules and Regulations]
[Pages 42140-42146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19601]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7026-1]
New Mexico: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The State of New Mexico has applied for Final authorization of
its revisions to its Hazardous Waste Program under the Resource
Conservation and Recovery Act (RCRA). The EPA has determined that these
revisions satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's revisions through this
immediate final action. The EPA is publishing this rule to authorize
the revisions without a prior proposal because we believe this action
is not controversial and do not expect adverse comments. Unless we get
adverse comments which oppose this authorization during the comment
period, the decision to authorize the New Mexico Environment
Department's (NMED) revisions to their hazardous waste program will
take effect. If adverse comments are received, we will publish a
document in the Federal Register either: A withdrawal of the immediate
Final decision and a separate document in the proposed rules section of
this Federal Register will serve as a proposal to authorize the
changes, or a document containing a response to comments and which
either affirms that the immediate Final decision takes effect or
reverses the decision.
DATES: This immediate final rule is effective on October 9, 2001 unless
EPA receives adverse written comments by September 10, 2001. Should EPA
receive such comments, it will publish a timely document either:
Withdrawing the immediate final publication or affirming the
publication and responding to comments.
ADDRESSES: Written comments, referring to Docket Number NM-00-1, should
be sent to Alima Patterson, Region 6 Regional Authorization
Coordinator, Grants and Authorization Section (6PD-
[[Page 42141]]
G), Multimedia Planning and Permitting Division, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733. Copies of 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, 2044 Galisteo, Santa Fe, New Mexico 87505,
phone (505) 827-1561 and EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, (214) 665-6444.
FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States that receive final authorization from 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 Hazardous Waste Program. As the Federal program changes, states
must change their programs and ask 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 EPA's regulations in 40 Code of Federal Regulations (CFR)
parts 124, 260-266, 268, 270, 273.
B. 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 have to comply with the authorized state
requirements (in RCRA Clusters V-IX listed in this document) 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 EPA retains its authority
under RCRA sections 3007, 3008, 3013, and 7003, which include, among
others, authority to: (1) Do inspections, and require monitoring,
tests, analyses or reports, (2) enforce RCRA requirements and suspend
or revoke permits, and (3) take enforcement actions regardless of
whether the State 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, and are not changed by today's action.
C. What Is the History of New Mexico's Final Authorization and Its
Revisions?
The State of New Mexico received authorization 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; 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; October 17, 1995
(61 FR 2450) effective January 2, 1996 and December 23, 1996 (61 FR
67474) effective March 10, 1997. 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) and July 13, 1998 (63 FR
23221). On October 11, 2000, New Mexico submitted a final complete
program revision application, seeking authorization of its program
revision in accordance with 40 Sec. CFR 271.21. The State of New Mexico
also has adopted the regulations for Import and Export of Hazardous
Waste. However, the requirements of the Import and Export regulations
will be administered by EPA and not the State because the exercise of
foreign relations and international commerce powers is reserved to the
Federal government under the United States Constitution. Therefore, the
State of New Mexico is not seeking authorization for this rule.
On April 14, 2000, New Mexico promulgated 20 New Mexico
Administrative Code (NMAC) 4.1 which adopts the July 1, 1999, version
of 40 CFR parts 260-273 and part 124. Specifically, 20 NMAC 4.1
incorporates by reference 40 CFR parts 260-273 and part 124 at 20 NMAC
4.1.100-1000 and 20 NMAC 1102. This is the version that is referred to
in the Attorney
General's Statement submitted with this program revision. 20 NMAC
4.1. became effective on June 14, 2000. New Mexico Statutes Annotated
(NMAC) 1978 sections 74-4-4A(1) and 74-4-4E (Replacement Pamphlet 1993)
provides New Mexico with authority to adopt federal regulations by
reference with exception of federal rules that are not delegable to the
State of New Mexico.
D. What Changes Are We Authorizing With Today's Action?
On October 11, 2000, the State of New Mexico submitted a final
complete program revisions application, seeking authorization of their
revisions in accordance with 40 CFR 271.21. We now make an immediate
final decision, subject to receipt of adverse comments, that the State
of New Mexico's hazardous waste program revision satisfies all the
requirements necessary to qualify for final authorization. New Mexico's
revisions consist of regulations which specifically govern Federal
Hazardous Waste promulgated from July 1, 1994 through June 30, 1999
(RCRA Clusters V-IX). New Mexico requirements are included in a chart
with this document. In addition, as a result of today's final
authorization of New Mexico for the February 16, 1993; Corrective
Action Management Unit (CAMU) rule, the State will be eligible for
interim authorization-by-rule for the proposed amendments to the CAMU
rule, which also proposed the interim authorization-by-rule process
(see August 22, 2000, 65 FR 51080). New Mexico will also become
eligible for conditional authorization if that alternative is chosen by
EPA in the final CAMU amendments rule.
------------------------------------------------------------------------
Federal citation State analog
------------------------------------------------------------------------
1. Corrective Action Management Units New Mexico Statute Annotated
and Temporary Units; Corrective Action (NMSA) 1978, Secs. 74-4-4A
Provisions Under Subtitle C, [58 FR and 74-4-4E (Replacement
8658] February 16, 1993. (Checklist (Repl.) 1993). Hazardous Waste
121). Regulations (HWMR), New Mexico
Environmental Improvement
Board, 20 NMAC 4.1.100, 101,
500, 501, 600, 601, 801, 900
and 901, as amended effective
June 14, 2000.
2. Identification and Listing of NMSA 1978, Secs. 74-4-4A and
Hazardous Waste; Amendments to 74-4-4E (Repl. 1993). HWMR,
Definitions of Solid Waste, [59 FR New Mexico Environmental
38536] July 28, 1994. (Checklist 135). Improvement Board, 20 NMAC
4.1.200, as amended effective
June 14, 2000.
[[Page 42142]]
3. Standards for the Management of NMSA 1978 Secs. 74-4-4A and 74-
Specific Hazardous Wastes Amendment to 4-4E (Repl. 1993). HWMR, New
Subpart C--Recyclable Materials Used Mexico Environmental
in a Manner Constituting Disposal Improvement Board, 20 NMAC
Final Rule, [59 FR 43496] August 24, 4.1.500, 501, 600 and 601, as
1994. (Checklist 136). amended effective June 14,
2000.
4. Land Disposal Restrictions Phase II-- NMSA 1978 Secs. 74-4-4A and 74-
Universal Treatment Standards, and 4-4E (Repl. 1993). HWMR, New
Treatment Standards for Organic Mexico Environmental
Toxicity Characteristic Wastes and Improvement Board, 20 NMAC
Newly Listed Waste, [59 FR 47982] 4.1.700, 800 and 801 as
September 19, 1994. (Checklist 137). amended effective June 14,
2000.
5. Technical Amendment to the Universal NMSA 1978, Secs. 74-4-4A and
Treatment Standards and Treatment 74-4-4E (Repl. 1993). HWMR,
Standards for Organic Toxicity New Mexico Environmental
Characteristic Wastes and Newly Listed Improvement Board, 20 NMAC
Waste, [60 FR 242], January 3, 1995. 4.1.700, 800 and 801 as
(Checklist 137.1). amended effective June 14,
2000.
6. Hazardous Waste Management System: NMSA 1978, Secs. 74-4-4A and
Testing and Monitoring Activities-- 74-4-4E (Repl. 1993.) HWMR,
Amendment I, [60 FR 3089] January 13, New Mexico Environmental
1995. (Checklist 139). Improvement Board, 20 NMAC
4.1.100, 101, as amended
effective June 14, 2000.
7. Hazardous Waste Management System; NMSA 1978, Secs. 74-4-4A and
Carbamate Production Identification 74-4-4E (Repl. 1993). HWMR,
Listing of Hazardous Waste and CERCLA New Mexico Environmental
Hazardous Substance Designation and Improvement Board, 20 NMAC
Reportable Quantities, [60 FR 7824] 4.1.200, as amended effective
February 9, 1995. (Checklist 140). June 14, 2000.
8. Hazardous Waste Management Systems; NMSA 1978, Secs. 74-4-4A and
Carbamate Production Identification 74-4-4E (Repl. 1993). HWMR,
and Listing of Hazardous Waste; and New Mexico Environmental
CERCLA Hazardous Substance Designation Improvement Board, 20 NMAC
and Reportable Quantities; Correction, 4.1.200, as amended effective
[60 FR 19165] April 17, 1995. June 14, 2000.
(Checklist 140.1).
9. Hazardous Waste Management Systems; NMSA 1978, Secs. 74-4-4A and
Carbamate Production Identification 74-4-4E (Repl. 1993). HWMR,
and Listing of Hazardous Waste; and New Mexico Environmental
CERCLA Hazardous Substance Designation Improvement Board, 20 NMAC
and Reportable Quantities; Correction, 4.1.200, as amended effective
[60 FR 25619] May 12, 1995. (Checklist June 14, 2000.
140.2).
10. Hazardous Waste Management System; NMSA 1978, Secs. 74-4-4A and
Testing Monitoring Activities-- 74-4-4E (Repl. 1993). HWMR,
Amendment 2, [60 FR 17001] April 4, New Mexico Environmental
1995. (Checklist 141). Improvement Board, 20 NMAC
4.1.100, 101, as amended
effective June 14, 2000.
11. Universal Waste Rule (Hazardous NMSA 1978, Secs. 74-4-4A and
Waste Management System: Modification 74-4-4E (Repl. 1993). HWMR,
of the Hazardous Waste Recycling New Mexico Environmental
Regulatory Program); Final Rule, [60 Improvement Board, 20 NMAC
FR 25492] May 11, 1995. (Checklist 142 4.1.100, 101, 200, 300, 500,
A). 501, 600, 601, 800, 801, 900,
901, 1000, and 1001, as
amended effective June 14,
2000.
12. Universal Waste Rule (Hazardous NMSA 1978, Secs. 74-4-4A and
Waste Management System: Modification 74-4-4E (Repl. 1993). HWMR,
of the Hazardous Waste Recycling New Mexico Environmental
Regulatory Program); Final Rule, [60 Improvement Board, 20 NMAC
FR 25492] May 11, 1995. (Checklist 142 4.1.100, 200, 500, 600, 700,
B). 800, and 1000, as amended
effective June 14, 2000.
13. Universal Waste Rule (Hazardous NMSA 1978, Secs. 74-4-4A and
Waste Management System: Modification 74-4-4E (Repl. 1993). HWMR,
of the Hazardous Waste Recycling New Mexico Environmental
Regulatory Program); Final Rule, [60 Improvement Board, 20 NMAC
FR 25492] May 11, 1995. (Checklist 142 4.1.100, 101, 200, 500, 501,
C). 600, 601, 700, 800, 801, 1000,
and 1001, as amended effective
June 14, 2000.
14. Universal Waste Rule (Hazardous NMSA 1978, Secs. 74-4-4A and
Waste Management System: Modification 74-4-4E (Repl. 1993). HWMR,
of the Hazardous Waste Recycling New Mexico Environmental
Regulatory Program); Final Rule, [60 Improvement Board, 20 NMAC
FR 25492] May 11, 1995. (Checklist 142 4.1.100, 101, 200, 500, 501,
D). 600, 601, 800, 801, 1000, and
1001, as amended effective
June 14, 2000.
15. Solid Waste, Hazardous Waste, Oil NMSA 1978, Secs. 74-4-4A and
Discharge and Superfund Programs: 74-4-4E (Repl. 1993). HWMR,
Removal of Legally Obsolete Rules, [60 New Mexico Environmental
FR 33912] June 29, 1995. (Checklist Improvement Board, 20 NMAC
144). 4.1.200, 700, 701, 900, and
901, as amended effective June
14, 2000.
16. Hazardous Waste Management: Liquids NMSA 1978, Secs. 74-4-4A and
in Landfills, [60 FR 35703] July 11, 74-4-4E (Repl. 1993). HWMR,
1995. (Checklist 145). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.500, 501, 600, and 601, as
amended effective June 14,
2000.
17. RCRA Expanded Public Participation, NMSA 1978, Secs. 74-4-4A and
[60 FR 63417] December 11, 1995. 74-4-4E (Repl. 1993). HWMR,
(Checklist 148). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.1102, 900, and 901, as
amended effective June 14,
2000.
18. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
III--Decharacterized; Wastewater, 74-4-4E (Repl. 1993). HWMR,
Carbamate Wastes, and Spent Potliners, New Mexico Environmental
[61 FR 15566] April 8, 1996. Improvement Board, 20 NMAC
(Checklist 151). 4.1.800 and 801, as amended
effective June 14, 2000.
19. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
III--Decharacterized; Wastewater, 74-4-4E (Repl. 1993). HWMR,
Carbamate Wastes, and Spent Potliners, New Mexico Environmental
[61 FR 15660] April 8, 1996. Improvement Board, 20 NMAC
(Checklist 151.1). 4.1.800 and 801, as amended
effective June 14, 2000.
20. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
III--Decharacterized; Wastewater, 74-4-4E (Repl. 1993). HWMR,
Carbamate Wastes, and Spent Potliners, New Mexico Environmental
[61 FR 19117] April 30, 1996. Improvement Board, 20 NMAC
(Checklist 151.2). 4.1.800 and 801, as amended
effective June 14, 2000.
21. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
III--Decharacterized; Wastewater, 74-4-4E (Repl. 1993). HWMR,
Carbamate Wastes, and Spent Potliners New Mexico Environmental
Technical Correction, [61 FR 33680] Improvement Board, 20 NMAC
June 28, 1996. (Checklist 151.3). 4.1.800 and 801, as amended
effective June 14, 2000.
22. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
III--Decharacterized; Wastewater, 74-4-4E (Repl. 1993). HWMR,
Carbamate Wastes, and Spent Potliners, New Mexico Environmental
[61 FR 36419] July 10, 1996. Improvement Board, 20 NMAC
(Checklist 151.4). 4.1.800 and 801, as amended
effective June 14, 2000.
23. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
III--Treatment Standards for Listed 74-4-4E (Repl. 1993). HWMR,
Hazardous Waste From Carbamate New Mexico Environmental
Production, [61 FR 43924] August 26, Improvement Board, 20 NMAC
1996. (Checklist 151.5). 4.1.800 and 801, as amended
effective June 14, 2000.
[[Page 42143]]
24. Land Disposal Restrictions; NMSA 1978, Secs. 74-4-4A and
Correction of Tables; Treatment 74-4-4E (Repl. 1993). HWMR,
Standards for Hazardous Wastes and New Mexico Environmental
Universal Treatment Standards, [62 FR Improvement Board, 20 NMAC
7502] February 19, 1997. (Checklist 4.1.800 and 801, as amended
151.6). effective June 14, 2000.
25. Criteria Classification of Solid NMSA 1978, Secs. 74-4-4A and
Waste Disposal Facilities and 74-4-4E (Repl. 1993). HWMR,
Practices; Identification and Listing New Mexico Environmental
of Hazardous Waste, Requirements for Improvement Board, 20 NMAC
Authorization of State Hazardous Waste 4.1.200, as amended effective
Programs, [61 FR 34252] July 1, 1996. June 14, 2000.
(Checklist 153).
26. Hazardous Waste Treatment, Storage NMSA 1978, Secs. 74-4-4A and
and Disposal, Facilities and Hazardous 74-4-4E (Repl. 1993). HWMR,
Waste Generators; Organic Air Emission New Mexico Environmental
Standards for Tanks, Surface Improvement Board, 20 NMAC
Impoundments, and Containers, [61 FR 4.1.200, 300, 500, 501, 600,
59931] November 25, 1996. (Checklist 601, 900 and 901, as amended
154). effective June 14, 2000.
27. Hazardous Waste Treatment, Storage NMSA 1978, Secs. 74-4-4A and
and Disposal, Facilities and Hazardous 74-4-4E (Repl. 1993). HWMR,
Waste Generators; Organic Air Emission New Mexico Environmental
Standards for Tanks, Surface Improvement Board, 20 NMAC
Impoundments, and Containers, [61 FR 4.1.200, 300, 500, 501, 600,
62896] December 6, 1994. (Checklist 601, 900 and 901, as amended
154.1). effective June 14, 2000.
28. Hazardous Waste Treatment, Storage NMSA 1978, Secs. 74-4-4A and
and Disposal, Facilities and Hazardous 74-4-4E (Repl. 1993). HWMR,
Waste Generators; Organic Air Emission New Mexico Environmental
Standards for Tanks, Surface Improvement Board, 20 NMAC
Impoundments, and Containers, [60 FR 4.1.200, 300, 500, 501, 600,
26828] May 19, 1994. (Checklist 154.2). 601, 900 and 901, as amended
effective June 14, 2000.
29. Hazardous Waste Treatment, Storage NMSA 1978, Secs. 74-4-4A and
and Disposal, Facilities and Hazardous 74-4-4E (Repl. 1993). HWMR,
Waste Generators; Organic Air Emission New Mexico Environmental
Standards for Tanks, Surface Improvement Board, 20 NMAC
Impoundments, and Containers, [60 FR 4.1.200, 300, 500, 501, 600,
50426] September 29, 1995. (Checklist 601, 900 and 901, as amended
154.3). effective June 14, 2000.
30. Hazardous Waste Treatment, Storage NMSA 1978, Secs. 74-4-4A and
and Disposal, Facilities and Hazardous 74-4-4E (Repl. 1993). HWMR,
Waste Generators; Organic Air Emission New Mexico Environmental
Standards for Tanks, Surface Improvement Board, 20 NMAC
Impoundments, and Containers, [60 FR 4.1.200, 300, 500, 501, 600,
56952] November 13, 1995. (Checklist 601, 900 and 901, as amended
154.4). effective June 14, 2000.
31. Hazardous Waste Treatment, Storage NMSA 1978, Secs. 74-4-4A and
and Disposal, Facilities and Hazardous 74-4-4E (Repl. 1993). HWMR,
Waste Generators; Organic Air Emission New Mexico Environmental
Standards for Tanks, Surface Improvement Board, 20 NMAC
Impoundments, and Containers, [61 FR 4.1.200, 300, 500, 501, 600,
4903] February 9, 1996. (Checklist 601, 900 and 901, as amended
154.5). effective June 14, 2000.
32. Hazardous Waste Treatment, Storage NMSA 1978, Secs. 74-4-4A and
and Disposal, Facilities and Hazardous 74-4-4E (Repl. 1993). HWMR,
Waste Generators; Organic Air Emission New Mexico Environmental
Standards for Tanks, Surface Improvement Board, 20 NMAC
Impoundments, and Containers, [61 FR 4.1.200, 300, 500, 501, 600,
28508] June 5, 1996. (Checklist 154.6). 601, 900 and 901, as amended
effective June 14, 2000.
33. Land Disposal Restrictions Phase NMSA 1978, Sec. 74-4-4A and 74-
III--Emergency Extension of the K088 4-4E (Repl. 1993). HWMR, New
Capacity Variance, [62 FR 1992] Mexico Environmental
January 14, 1997. (Checklist 155). Improvement Board, 20 NMAC
4.1.800 and 801, as amended
effective June 14, 2000.
34. Military Munitions Rule; Hazardous NMSA 1978, Secs. 74-4-4A and
Waste Identification and Management; 74-4-4E (Repl. 1993). HWMR,
Explosives Emergencies; Manifest New Mexico Environmental
Exemption for Transport of Hazardous Improvement Board, 20 NMAC
Waste on Right-of-Ways on Contiguous 4.1.100, 101, 200, 300, 400,
Properties, [62 FR 6622] February 12, 500, 501, 600, 601, and 700,
1997. (Checklist 156). as amended effective June 14,
2000.
35. Land Disposal Restrictions--Phase NMSA 1978, Secs. 74-4-4A and
IV; Treatment Standards for Wood 74-4-4E (Repl. 1993). HWMR,
Preserving Wastes, Paperwork Reduction New Mexico Environmental
Streamlining, Exemptions From RCRA for Improvement Board, 20 NMAC
Certain Processed Materials; and 4.1.800 and 801, as amended
Miscellaneous Hazardous Waste effective June 14, 2000.
Provisions, [62 FR 25998] May 12,
1997. (Checklist 157).
36. Hazardous Waste Management System; NMSA 1978, Secs. 74-4-4A and
Testing and Monitoring Activities, [62 74-4-4E (Repl. 1993). HWMR,
FR 32452] June 13, 1997. (Checklist New Mexico Environmental
158). Improvement Board, 20 NMAC
4.1.100, 101, 500, 600, 601,
and 700 as amended effective
June 14, 2000.
37. Hazardous Waste Management System; NMSA 1978, Secs. 74-4-4A and
Carbamate Production; Identification 74-4-4E (Repl. 1993). HWMR,
and Listing of Hazardous Waste; Land New Mexico Environmental
Disposal Restrictions, [62 FR 32974] Improvement Board, 20 NMAC
June 17, 1997. (Checklist 159). 4.1.800 and 801, as amended
effective June 14, 2000.
38. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
III--Emergency Extension of the K088 74-4-4E (Repl. 1993). HWMR,
National Capacity Variance, [62 FR New Mexico Environmental
37694] July 14, 1997. (Checklist 160). Improvement Board, 20 NMAC
4.1.800, and 801, as amended
effective June 14, 2000.
39. Second Emergency Revision of the NMSA 1978, Secs. 74-4-4A and
Land Disposal Restrictions (LDR) 74-4-4E (Repl. 1993). HWMR,
Treatment Standards for Listed New Mexico Environmental
Hazardous Wastes From Carbamate Improvement Board, 20 NMAC
Production, [62 FR 45568] August 28, 4.1.800, and 801, as amended
1997 (Checklist 161). effective June 14, 2000.
40. Clarification of Standards for NMSA 1978, Secs. 74-4-4A and
Hazardous Waste LDR Treatment 74-4-4E (Repl. 1993). HWMR,
Variance, [62 FR 64504] December 5, New Mexico Environmental
1997. (Checklist 162). Improvement Board, 20 NMAC
4.1.800, and 801, as amended
effective June 14, 2000.
41. Organic Air Emission Standards for NMSA 1978, Secs. 74-4-4A and
Tanks, Surface Impoundments, and 74-4-4E (Repl. 1993). HWMR,
Containers; Clarification and New Mexico Environmental
Technical Amendment, [62 FR 64636] Improvement Board, 20 NMAC
December 8, 1997. (Checklist 163). 4.1.200, 300, 500, 501, 600,
601, 900, and 901, as amended
effective June 14, 2000.
42. Kraft Mill Steam Stripper NMSA 1978, Secs. 74-4-4A and
Condensate Exclusion, [64 FR 18504] 74-4-4E (Repl. 1993). HWMR,
April 15, 1998. (Checklist 164). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.200, as amended effective
June 14, 2000.
43. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
IV--Treatment Standards for Metal 74-4-4E (Repl. 1993). HWMR,
Wastes and Mineral Processing Wastes, New Mexico Environmental
[63 FR 28556] May 26, 1998. (Checklist Improvement Board, 20 NMAC
167 A). 4.1.800, and 801, as amended
effective June 14, 2000.
[[Page 42144]]
44. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
IV--Hazardous Soils Treatment 74-4-4E (Repl. 1993). HWMR,
Standards and Exclusions, [63 FR New Mexico Environmental
28556] May 26, 1998. (Checklist 167 B). Improvement Board, 20 NMAC
4.1.300, 301, 800, and 801, as
amended effective June 14,
2000.
45. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
IV--Corrections, [63 FR 28556] May 26, 74-4-4E (Repl. 1993). HWMR,
1998. (Checklist 167 C). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.800 and 801, as amended
effective June 14, 2000.
46. Land Disposal Restrictions Phase NMSA 1978, Secs. 74-4-4A and
IV--Corrections, [63 FR 31266] June 9, 74-4-4E (Repl. 1993). HWMR,
1998. (Checklist 167 C.1). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.800 and 801, as amended
effective June 14, 2000.
47. Bevill Exclusion Revisions and NMSA 1978, Secs. 74-4-4A and
Clarification, [63 FR 28556] May 26, 74-4-4E (Repl. 1993). HWMR,
1998. (Checklist 167 E). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.200, as amended effective
June 14, 2000.
48. Exclusion of Recycled Wood NMSA 1978, Secs. 74-4-4A and
Preserving Wastewaters, [63 FR 28556] 74-4-4E (Repl. 1993). HWMR,
May 26, 1998. (Checklist 167 F). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.200, as amended effective
June 14, 2000.
49. Hazardous Waste Combustors Revised NMSA 1978, Secs. 74-4-4A and
Standards, [63 FR 33782] June 19, 74-4-4E (Repl. 1993). HWMR,
1998. (Checklist 168). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.200, as amended effective
June 14, 2000.
50. Petroleum Refining Process, [63 FR NMSA 1978, Secs. 74-4-4A and
42110] August 6, 1998. (Checklist 169). 74-4-4E (Repl. 1993). HWMR,
New Mexico Environmental
Improvement Board, 20 NMAC
4.1.200, 700, 800, and 801, as
amended effective June 14,
2000.
51. Petroleum Refining Waste Process, NMSA 1978, Secs. 74-4-4A and
[63 FR 54356] October 9, 1998. 74-4-4E (Repl. 1993). HWMR,
(Checklist 169.1). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.200, 700, 800, and 801, as
amended effective June 14,
2000.
52. Land Disposal Restrictions--Phase NMSA 1978, Secs. 74-4-4A and
IV, [63 FR 46332] August 31, 1998. 74-4-4E (Repl. 1993). HWMR,
(Checklist 170). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.800, and 801, as amended
effective June 14, 2000.
53. Emergency Revisions of LDR NMSA 1978, Secs. 74-4-4A and
Treatment Standards, [63 FR 47409] 74-4-4E (Repl. 1993). HWMR,
September 4, 1998. (Checklist 171). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.800, and 801, as amended
effective June 14, 2000.
54. Emergency Revisions of LDR NMSA 1978, Secs. 74-4-4A and
Treatment Standards, [63 FR 47124] 74-4-4E (Repl. 1993). HWMR,
September 9, 1998. (Checklist 172). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.800, and 801, as amended
effective June 14, 2000.
55. Land Disposal Restrictions NMSA 1978, Secs. 74-4-4A and
Treatment Standards Spent Potliners 74-4-4E (Repl. 1993). HWMR,
from Primary Aluminum Reduction New Mexico Environmental
(K088); Final Rule, [63 FR 51254] Improvement Board, 20 NMAC
September 24, 1998. (Checklist 173). 4.1.800, and 801, as amended
effective June 14, 2000.
56. Standards Applicable to Owners and NMSA 1978, Secs. 74-4-4A and
Operators of Closed/Closing 74-4-4E (Repl. 1993). HWMR,
Facilities, [63 FR 56710] October 22, New Mexico Environmental
1998. (Checklist 174). Improvement Board, 20 NMAC
4.1.500, 501, 600, 601, 900
and 901, as amended effective
June 14, 2000.
57. Universal Waste Rule; Technical NMSA 1978, Secs. 74-4-4A and
Amendment (Conditionally Optional), 74-4-4E (Repl. 1993). HWMR,
[63 FR 71225] December 24, 1998. New Mexico Environmental
(Checklist 176). Improvement Board, 20 NMAC
4.1.100, 101, 200, 300, 500,
501, 600, 601, 800, 801, 900,
901, 1000 and, 1001, as
amended effective June 14,
2000.
58. Organic Air Emission Standards, [64 NMSA 1978, Secs. 74-4-4A and
FR 3381] January 21, 1999. (Checklist 74-4-4E (Repl. 1993). HWMR,
177). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.200, 300, 500, 501, 600,
601, 900, and 901, as amended
effective June 14, 2000.
59. Petroleum Refining Process Wastes, NMSA 1978, Secs. 74-4-4A and
[64 FR 6806] February 11, 1999. 74-4-4E (Repl. 1993). HWMR,
(Checklist 178). New Mexico Environmental
Improvement Board, 20 NMAC
4.1.200, as amended effective
June 14, 2000.
60. Land Disposal Restrictions Phase IV- NMSA 1978, Secs. 74-4-4A and
Treatment Corrections and 74-4-4E (Repl. 1993). HWMR,
Clarifications to Treatment Standards, New Mexico Environmental
[64 FR 25408] May 11, 1999. (Checklist Improvement Board, 20 NMAC
179). 4.1.300, 301, 800 and 801, as
amended June 14, 2000.
61. Test Procedures for the Analysis of NMSA 1978, Secs. 74-4-4A and
Oil and Grease and Non-Polar Material, 74-4-4E (Repl. 1993). HWMR,
[64 FR 26315] May 14, 1999. (Checklist New Mexico Environmental
180). Improvement Board, 20 NMAC
4.1100 and 101, as amended
effective June 14, 2000.
------------------------------------------------------------------------
E. What Is the Relationship Between the Resource Conservation and
Recovery Act and the Hazardous Waste Combustor MACT? How Does This
Affect Delegation of This Standard to NMED's Authorization?
In this authorization document, the State of New Mexico is also
seeking authorization for the Post-Closure Permit Requirement and
Closure Process, (Checklist 174). On September 30, 1999, the EPA
finalized the National Emission Standards for Hazardous Air Pollutants
(NESHAP) for three categories of hazardous waste combustors (HWCs):
incinerators, cement kilns and light-weight aggregate kilns (64 FR
52828). The EPA promulgated this rule under joint authority of the
Clean Air Act (CAA) and RCRA. Before this rule went into effect, the
air emissions from these three types of HWCs was primarily regulated
under the authority of RCRA (see 40 CFR parts 264, 265, 266, and 270).
However, with the release of the final HWC NESHAP (see 40 CFR part 63,
subpart EEE), the air emissions from these sources is now regulated
under RCRA and the CAA. Even though both statutes give us the authority
to regulate these emissions, we determined that having emission
standards and permitting requirements in both sets of implementing
regulations would be duplicative. For this reason, using the authority
provided by section 1006(b) of RCRA, we deferred the RCRA requirements
for HWC emission
[[Page 42145]]
controls to the CAA requirements of 40 CFR part 63, subpart EEE.
Therefore, with today's authorization of the State of New Mexico
for the RCRA provisions of the September 30, 1999, HWC NESHAP rule, the
RCRA waste management standards for air emissions from these units will
no longer apply after the facility has demonstrated compliance with 40
CFR part 63, subpart EEE. One notable exception concerns section
3005(c)(3) of RCRA, which requires that each RCRA permit contain the
terms and conditions necessary to protect human health and the
environment. Under this provision of RCRA, if a regulatory authority
determines that more stringent conditions than the HWC NESHAP are
necessary to protect human health and environment for a particular
facility, then the regulatory authority may impose those conditions in
the facility's RCRA permit. (See the HWC MACT rule preamble discussion
on the interrelationship of the MACT rule with the RCRA Omnibus
provision and site specific risk assessment at 64 FR 52828, 52839-
52843, September 30, 1999, and RCRA Site-Specific Risk Assessment
Policy for Hazardous Waste Combustion Facilities dated June 2000 for
more information).
F. What Decisions Has EPA Made?
We conclude that New Mexico's application for program revision
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 is responsible 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 Solid
Waste Amendments of 1984 (HSWA). New federal requirements and
prohibitions imposed by federal regulations that EPA promulgates under
the authority of HSWA take effect in authorized states before they are
authorized for the requirements. Thus, EPA will implement those
requirements and prohibitions in New Mexico, including issuing permits,
until the State is granted authorization to do so.
G. How Do The Revised State Rules Differ From The Federal Rules?
In this authorization of the State of New Mexico's program
revisions for RCRA Clusters V-IX, there are no provisions that are more
stringent or broader in scope. Broader in scope requirements are not
part of the authorized program and EPA can not enforce them.
H. Who Handles Permits After This Authorization Takes Effect?
The State of 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 permits or new portions of
permits for the provisions listed in that 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.
I. Why Wasn't There a Proposed Rule Before Today's Action?
The EPA did not publish a proposal before today's rule because EPA
believes the revisions are not controversial and expects no adverse
comments. The EPA is 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 changes.
J. Where Do I Send My Comments and When Are They Due?
You should send written comments to Alima Patterson, Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to
Docket Number NM-00-1. We must receive your comments by September 10,
2001. You may not have an opportunity to comment again. If you want to
comment on this action, you must do so at this time.
K. What Happens if EPA Receives Comments Opposing This Action?
If EPA receives comments that oppose this authorization, EPA may
withdraw this rule (see 40 CFR 271.21(b)(3)(c)(iii) by publishing a
document in the Federal Register before the rule becomes effective or
publish a document containing a response to comments and either affirms
this immediate final decision or reverses the decision.
L. When Will This Approval Take Effect?
Unless EPA receives comments opposing this action, this final
authorization approval will become effective without further notice on
October 9, 2001.
M. Where Can I Review The State's Application?
You can review and copy the State of New Mexico's application from
8:30 a.m. to 4 p.m. Monday through Friday at the following addresses:
New Mexico Environment Department, 2044 Galisteo, Santa Fe, New Mexico
87505, phone (505) 827-1561 and EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, (214) 665-8533. For further information contact Alima
Patterson, Regional Authorization Coordinator, Grants and Authorization
Section (6PD-G), Multimedia Planning and Permitting Division, EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8533.
N. Does Today's Action Affect Indian Country in New Mexico?
New Mexico is not authorized to carry out its Hazardous Waste
Program in Indian Country within the State. This authority remains with
EPA. Therefore, this action has no effect on Indian Country.
O. What Is Codification?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. The EPA does this by referencing the authorized
State rules in 40 CFR part 272. The EPA reserves the amendment of 40
CFR part 272, subpart GG for this codification of New Mexico's program
changes until a later date.
Administrative Requirements
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 requirement for the purpose of RCRA 3006 and
impose 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
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded Mandates Reform
[[Page 42146]]
Act of 1995 (Public Law 104-4). This action will not have substantial
direct effects on 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.
Under RCRA 3006(b), 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 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, 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
compiled with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney Generals' Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under 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 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 will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representative, 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).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians--lands, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements.
Authority: This document is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: May 18, 2001.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 01-19601 Filed 8-9-01; 8:45 am]
BILLING CODE 6560-50-P