[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46165-46171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16244]
[[Page 46165]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-8455-6]
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 the 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 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 October 16,
2007 unless the EPA receives adverse written comment by September 17,
2007. 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://www.regulations.gov. Follow
the on-line 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.
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
6, 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 the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the
[[Page 46166]]
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 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. 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) and effective October 27, 2003. On August 4, 2006, New
Mexico applied for approval of its program revisions for RCRA Clusters
X through XII, including Rule Checklists 26.2, 54, 54.1, 80.1, 80.2,
84, 89, 107, 117A, 117A.1, 117A.2, 119.1, 127, 129, 126.1, 133, and
142E listed in this document in accordance with 40 CFR 271.21.
On August 5, 2003, the New Mexico Environmental Improvement Board
(EIB) adopted the amendments to Hazardous Waste Management Regulations
(HWMR) as permanent rules. The HWMR amendments became effective on
October 1, 2003. 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, 2002. This is the version that is
referred to in the Attorney General's Statement and Certification for
RCRA Clusters X, XI, XII and Checklists 26.2, 54, 54.1, 80.1, 80.2, 84,
89, 107, 117A, 117A.1, 117A.2, 119.1, 127, 129, 126.1, 113, and 142E
submitted with this program revision. The 20 NMAC 4.1. became effective
on October 1, 2003. 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, coverages, and processes have not
materially changed with the exception of the Used Oil program. The Used
Oil program has been adopted within the Hazardous Waste Management
Program but New Mexico does not have statutory authority for criminal
penalties as required by EPA for program authorization. Therefore, we
are not authorizing the State of New Mexico for the Used Oil
regulations in this Federal Register document.
G. What Changes Are We Authorizing With Today's Action?
On August 4, 2006, 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 RCRA Clusters X through XII and
also Checklists 26, 54, 80, 84, 89, 107, 117A, 126, 129, 133, and 142E
as documented below:
------------------------------------------------------------------------
Description of federal Federal Register
requirement (include date and page (and/ Analogous state
checklist , if or RCRA statutory authority
relevant) authority
------------------------------------------------------------------------
1. Listing of Spent Pickle 51 FR 19320-19322, New Mexico Statute
Liquor (KO62). (Checklist May 28, 1986. Annotated (NMSA)
26). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC, 20.4.1.
200, as adopted
August 5, 2003,
effective October
1, 2003.
2. Permit Modification for 53 FR 37912-37942, New Mexico Statute
Hazardous Waste Management September 28,1988. Annotated (NMSA)
Facilities. (Checklist 54). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC, 20.4.1.
1102, .500, .600,
and .900, as
adopted August 5,
2003, effective
October 1, 2003.
[[Page 46167]]
3. Permit Modification for 53 FR 41649 October New Mexico Statute
Hazardous Waste Management 24, 1988. Annotated (NMSA)
Facilities (Correction 1). 1978, Sections 74-4-
(Checklist 54.1). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC, 20.4.1.
1102, .500, .600,
and .900, as
adopted August 5,
2003, effective
October 1, 2003.
4. Toxicity Characteristics 55 FR 40834-40837 New Mexico Statute
Hydrocarbon Recovery October 5, 1990. Annotated (NMSA)
Operations. (Checklist 80). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC, 20.4.1.
200, as adopted
August 5, 2003,
effective October
1, 2003.
5. Toxicity Characteristics 56 FR 3978 February New Mexico Statute
Hydrocarbon Recovery 1, 1991. Annotated (NMSA)
Operations (Correction 1). 1978, Sections 74-4-
(Checklist 80.1). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC, 20.4.1.
200, as adopted
August 5, 2003,
effective October
1, 2003.
6. Toxicity Characteristics 56 FR 13406 April 2, New Mexico Statute
Hydrocarbon Recovery 1991. Annotated (NMSA)
Operations (Correction 2). 1978, Sections 74-4-
(Checklist 80.2). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC, 20.4.1.
200, as adopted
August 5, 2003,
effective October
1, 2003.
7. Toxicity Characteristic; 56 FR 5910-5915 New Mexico Statute
Chloroflourocarbon February 13, 1991. Annotated (NMSA)
Refrigerants. (Checklist 1978, Sections 74-4-
84). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
adopted August 5,
2003, effective
October 1, 2003.
8. Revision to the Petroleum 56 FR 21955-21960 New Mexico Statute
Refining Primary and May 13, 1991. Annotated (NMSA)
Secondary Oil/Water/Solids 1978, Sections 74-4-
Separation Sludge Listings 4A(1) and 74-4-4F
(F037 and F038). (2002). Hazardous
(Checklists 89). Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
as adopted August,
5, 2003, effective
October 1, 2003.
9. Used, Oil Filter 57 FR 29220, July 1, New Mexico Statute
Exclusion; Technical 1992. Annotated (NMSA)
Corrections. (Checklists 1978, Sections 74-4-
107). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
as adopted August
5, 2003, effective
October 1, 2003.
10. Reissuance of the 57 FR 7628; 57 FR New Mexico Statute
``Mixture and Derived- 23062; 57 FR 49278; Annotated (NMSA)
From'' Rule. (Checklists March 3, 1992; June 1978, Sections 74-4-
117A, 117A.1, 117A.2). 1, 1992; October 4A(1) and 74-4-4F
30, 1992. (2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
as adopted August
5, 2003, effective
October 1, 2003.
11. Testing and Monitoring 58 FR 46040-46051 New Mexico Statute
Activities. (Checklist 126). August 31, 1993; 59 Annotated (NMSA)
FR 47980-47982 1978, Sections 74-4-
September 19, 1994. 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.100,
as adopted August
5, 2003, effective
October 1, 2003.
12. Testing and Monitoring 58 FR 46040-46051 New Mexico Statute
Activities. (Checklists 126 August 31, 1993. Annotated (NMSA)
and 126.1). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.100,
as adopted August
5, 2003, effective
October 1, 2003.
13. Toxicity Characteristic 57 FR 55114-5517, New Mexico Statute
Revision; TCLP Correction. November 24, 1992. Annotated (NMSA)
(Checklists 119). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
as adopted August
5, 2003, effective
October 1, 2003.
[[Page 46168]]
14. Toxicity Characteristic 57 FR 55114, 58 FR New Mexico Statute
Revision; TCLP Correction. 6854 November 24, Annotated (NMSA)
(Checklists 119.1). 1992; February 2, 1978, Sections 74-4-
1993. 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
as adopted August
5, 2003, effective
October 1, 2003.
15. Boilers and Industrial 58 FR 59598-59603 New Mexico Statute
Furnaces; Administrative November 9, 1993. Annotated (NMSA)
Stay and Interim Standards 1978, Sections 74-4-
for Bevill Residues. 4A(1) and 74-4-4F
(Checklists 127). (2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.700,
as adopted August
5, 2003, effective
October 1, 2003.
16. Hazardous Waste 59 FR 8362-8366 New Mexico Statute
Management System; February 18, 1994. Annotated (NMSA)
Identification and Listing 1978, Sections 74-4-
of Hazardous Waste; 4A(1) and 74-4-4F
Treatability Studies Sample (2002). Hazardous
Exclusion (Checklist 129). Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
as adopted August
5, 2003, effective
October 1, 2003.
17. Standards Applicable to 59 FR 29958-29960 New Mexico Statute
Owners and Operators of June 10, 1994. Annotated (NMSA)
Hazardous Waste Treatment, 1978, Sections 74-4-
Storage, and Disposal 4A(1) and 74-4-4F
Facilities, Underground (2002). Hazardous
Storage Tanks, and Waste Regulations
Underground Injection (HWMR), New Mexico
Control Systems; Financial Environmental
Assurance; Letter of Improvement Board,
Credit. (Checklist 133). 20 NMAC 20.4.1.500
and .501, as
adopted August 5,
2003, effective
October 1, 2003.
18. Universal Waste Rule 60 FR 25492 May 11, New Mexico Statute
(Hazardous Waste Management 1995. Annotated (NMSA)
System; Modification of the 1978, Sections 74-4-
Hazardous Waste Recycling 4A(1) and 74-4-4F
Regulatory Program); Final (2002). Hazardous
Rule (Checklist 142E). Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC
20.4.1.1000, as
adopted August 5,
2003, effective
October 1, 2003.
19. Amendments to the 61 FR 13103-13106 New Mexico Statute
Definition of Solid Waste; March 26, 1996. Annotated (NMSA)
Amendment II. (Checklist 1978, Sections 74-4-
150). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
as adopted August
5, 2003, effective
October 1, 2003.
20. Hazardous Remediation 63 FR 65874-65947 New Mexico Statute
Waste Management November 30, 1998. Annotated (NMSA)
Requirements (HWIR-Media). 1978, Sections 74-4-
(Checklist 175). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.100,
.200, .500, .600,
.800 and .900, as
adopted August 5,
2003, effective
October 1, 2003.
21. Universal Hazardous 64 FR 36466-36490 New Mexico Statute
Waste Management System; July 6, 1999. Annotated (NMSA)
Modification of the 1978, Sections 74-4-
Hazardous Waste Program; 4A(1) and 74-4-4F
Hazardous Waste Lamps. (2002). Hazardous
(Checklist 181). Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1 100,
.500, .600, .800,
.900, and 1000, as
adopted August 5,
2003, effective
October 1, 2003.
22. NESHAPS: Final Standards 64 FR 52828; 64 FR Annotated (NMSA)
for Hazardous Air 63209 September 30, 1978, Sections 74-4-
Pollutants for Hazardous 1999; and November 4A(1) and 74-4-4F
Waste Combustor. (Checklist 19, 1999. (2002). Hazardous
182). Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1 100,
.200, .500, .600,
.700, and .900, as
adopted August 5,
2003, effective
October 1, 2003.
23. Land Disposal 64 FR 56469 October New Mexico Statute
Restrictions Phase IV: 20, 1999. Annotated (NMSA)
Final Rule Promulgating 1978, Sections 74-4-
Treatment Standards for 4A(1) and 74-4-4F
Metal Wastes and Mineral (2002). Hazardous
Processing Wastes; Mineral Waste Regulations
Processing Secondary (HWMR), New Mexico
Materials and Bevill Environmental
Exclusion Issues; Treatment Improvement Board,
Standards for Hazardous 20 NMAC 20.4.1
Soils, and Exclusion of .200, .300 and
Recycled Wood Preserving .800, as adopted
(Checklist 183). August 5, 2003,
effective October
1, 2003.
24. Waste Water Treatment 65 FR 12378-12398 New Mexico Statute
Sludges From the Metal March 8, 2000. Annotated (NMSA)
Finishing Industry; 180-day 1978, Sections 74-4-
Accumulation Time. 4A(1) and 74-4-4F
(Checklist 184). (2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1
.300, as adopted
August 5, 2003,
effective October
1, 2003.
[[Page 46169]]
25. Organobromine Production 65 FR 14472-14475 New Mexico Statute
Wastes; Identification and March 17, 2000. Annotated (NMSA)
Listing of Hazardous Waste; 1978, Sections 74-4-
Land Disposal Restrictions; 4A(1) and 74-4-4F
Listing of CERCLA Hazardous (2002). Hazardous
Substances, Reportable Waste Regulations
Quantities; Final Rule. (HWMR), New Mexico
(Checklist 185). Environmental
Improvement Board,
20 NMAC 20.4.1
.200, as adopted
August 5, 2003,
effective October
1, 2003.
26. Organobromines 64 FR 36365-36367 New Mexico Statute
Production Wastes; June 8, 2000. Annotated (NMSA)
Petroleum Refining Wastes; 1978, Sections 74-4-
Identification and Listing 4A(1) and 74-4-4F
of Hazardous Waste; Land (2002). Hazardous
Disposal Restrictions; Waste Regulations
Final Rule and Correcting (HWMR), New Mexico
Amendments. (Checklist 187). Environmental
Improvement Board,
20 NMAC 20.4.1
.200, and .800, as
adopted August 5,
2003, effective
October 1, 2003.
27. NESHAPS: Final Standards 65 FR 42292-42302 New Mexico Statute
for Hazardous Air July 10, 2000. Annotated (NMSA)
Pollutants for Hazardous 1978, Sections 74-4-
Waste Combustor. (Checklist 4A(1) and 74-4-4F
188). (2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1
.200, .500 and
.900, as adopted
August 5, 2003,
effective October
1, 2003.
28. NESHAPS: Second 66 FR 24270-42302 New Mexico Statute
Technical Correction May 14, 2001. Annotated (NMSA)
Vacatur. (Checklist 188.1). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1
.200, .500 and
.900, as adopted
August 5, 2003,
effective October
1, 2003.
29. NESHAPS: Second 66 FR 35087 October New Mexico Statute
Technical Correction 16, 2001. Annotated (NMSA)
Vacatur. (Checklist 188.2). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1
.200, .500 and
.900, as adopted
August 5, 2003,
effective October
1, 2003.
30. Hazardous Waste 65 FR 81373 December New Mexico Statute
Management System; 26, 2000. Annotated (NMSA)
Identification and Listing 1978, Sections 74-4-
of Hazardous Waste 4A(1) and 74-4-4F
Chlorinated Aliphatics (2002). Hazardous
Production Wastes; Land Waste Regulations
Disposal Restictions for (HWMR), New Mexico
Newly Identified Wastes; Environmental
and CERCLA Hazardous Improvement Board,
Substance Designation and 20 NMAC 20.4.1.200,
Reportable Quantities. .500, and .800, as
(Checklist 189). adopted August 5,
2003, effective
October 1, 2003.
31. Land Disposal 65 FR 81373-81381 New Mexico Statute
Restrictions Phase IV-- December 26, 2000. Annotated (NMSA)
Deferral for PCBs in Soil. 1978, Sections 74-4-
(Checklist 190). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.800,
as adopted August
5, 2003, effective
October 1, 2003.
32. Land Disposal 66 FR 27266-2727 May New Mexico Statute
Restrictions Correction. 16, 2001. Annotated (NMSA)
(Checklist 192B). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.800,
as adopted June 14,
2000, effective
October 1, 2003.
33. Change of Official 66 FR 34374-34376 New Mexico Statute
Mailing Address. (Checklist June 28, 2001. Annotated (NMSA)
193). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.100,
as adopted August
5, 2003, effective
October 1, 2003.
34. Mixture and Derived-- 66 FR 50332-50334 New Mexico Statute
From Rules Revision II. October 3, 2001. Annotated (NMSA)
(Checklist 194). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
as adopted August
5, 2003, effective
October 1, 2003.
35. Inorganic Chemical 66 FR 58258-58300 New Mexico Statute
Manufacturing Waste November 20, 2001; Annotated (NMSA)
Identification and Listing. April 9, 2002. 1978, Sections 74-4-
(Checklist 195). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.200,
and .800, as
adopted August 5,
2003, effective
October 1, 2003.
[[Page 46170]]
36. Corrective Action 67 FR 2962-2002 New Mexico Statute
Management Units. January 22, 2002. Annotated (NMSA)
(Checklist 196). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.1.100,
and .500, as
adopted June 14,
2000, effective
October 1, 2003.
37. Hazardous Air Pollutant 67 FR 6792-6818 New Mexico Statute
Standards for Combustors: February 13, 2002. Annotated (NMSA)
Interim Standards. 1978, Sections 74-4-
(Checklist 197). 4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.500,
.600, .700, and
.900, as adopted
August 5, 2003,
effective October
1, 2003.
38. Hazardous Air Pollutant 67 FR 6968-6996 New Mexico Statute
Standards for Combustor: February 14, 2002. Annotated (NMSA)
Correction. (Checklist 198). 1978, Sections 74-4-
4A(1) and 74-4-4F
(2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.700,
as adopted August
5, 2003, effective
October 1, 2003.
39. Vacatur of Mineral 67 FR 11251-11254 New Mexico Statute
Processing Spent Materials March 13, 2002. Annotated (NMSA)
Being Reclaimed as Solid 1978, Sections 74-4-
Waste and TCLP Use with MGP 4A(1) and 74-4-4F
Wastes. (Checklist 199). (2002). Hazardous
Waste Regulations
(HWMR), New Mexico
Environmental
Improvement Board,
20 NMAC 20.4.200,
as adopted August
5, 2003, effective
October 1, 2003.
------------------------------------------------------------------------
H. Where Are the Revised State Rules Different From the Federal Rules?
In this authorization of the State of New Mexico's program
revisions for RCRA Clusters X, XI, XII, Checklists 26, 54, 80, 84, 89,
107, 117A, 126, 129, 133, and 142E), 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.
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 T 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
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.
[[Page 46171]]
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 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
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 October 16, 2007.
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 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: July 25, 2007.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E7-16244 Filed 8-16-07; 8:45 am]
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