[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Rules and Regulations]
[Pages 20238-20240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10143]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5196-4]
New Mexico: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The State of New Mexico has applied for authorization of
revision to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). The Environmental Protection Agency (EPA)
reviewed New Mexico's application and determined that its hazardous
waste program revision satisfies all of the requirements necessary to
qualify for authorization. Unless adverse written comments are received
during the review and comment period provided for public participation
in this process, EPA intends to approve New Mexico's hazardous waste
program revision subject to the authority retained by EPA in accordance
with Hazardous and Solid Waste Amendments of 1984. New Mexico's
application for the program revision is available for public review and
comment.
DATES: This authorization for New Mexico shall be effective July 10,
1995 unless EPA publishes a prior Federal Register (FR) action
withdrawing this immediate final rule. All comments on New Mexico's
program revision application must be received by the close of business
June 10, 1995.
ADDRESSES: Copies of the New Mexico program revision application and
the materials which EPA used in evaluating the revision are available
from 8:30 a.m. to 4 p.m., Monday through Friday at the following
addresses for inspection and copying: New Mexico Environment
Department, 1190 St Francis Drive, Sante Fe, New Mexico 87502, and U.S.
EPA, Region 6 Library, 12th Floor, First Interstate Bank Tower at
Fountain Place, [[Page 20239]] 1445 Ross Avenue, Dallas, Texas 75202-
2733, phone (214) 665-6444. Written comments, referring to Docket
Number NM-95-1, should be sent to Alima Patterson, Region 6 AR-NM
Authorization Coordinator, Grants and Authorization Section (6H-HS),
RCRA Programs Branch, U.S. EPA Region 6, First Interstate Bank Tower at
Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-
8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 AR-NM
Authorization Coordinator, Grants and Authorization Section (6H-HS),
RCRA Programs Branch, U.S. EPA Region 6, First Interstate Bank Tower at
Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-
8533.
SUPPLEMENTARY INFORMATION:
A. Background
States authorized under section 3006(b) of the Resource
Conservation and Recovery Act (``RCRA or the Act''), 42 U.S.C. 6926(b),
have a continuing obligation to maintain a hazardous waste program that
is equivalent to, consistent with, and no less stringent than the
Federal hazardous waste program. Revisions to State hazardous waste
programs are necessary when Federal or State statutory or regulatory
authority is modified or when certain other changes occur. Most
commonly, State program revisions are necessitated by changes to EPA's
regulations in 40 CFR parts 124, 260-268, and 270.
B. New Mexico
New Mexico received authorization January 25, 1985, (see 50 FR
1515) to implement its base hazardous waste management program. New
Mexico received authorization for revisions to its program on April 10,
1990 (see 55 FR 4604), July 25, 1990 (see 55 FR 28397), December 4,
1992 (see 57 FR 45717), August 23, 1994 (see 59 FR 29734) and December
21, 1994 (see 59 FR 51122). The authorized New Mexico RCRA program was
incorporated by reference to the Code of Federal Regulations (CFR),
effective December 13, 1993 (see 58 FR 52677). On December 23, 1994,
New Mexico submitted a final complete program revision application for
additional program approvals. Today, New Mexico is seeking approval of
its program revision in accordance with 40 CFR 271.21(b)(3).
On August 24, 1994, New Mexico promulgated 20 New Mexico
Administrative Code (NMAC) 4.1 which adopts the July 1, 1993, version
of 40 CFR part 261. Specifically, 20 NMAC 4.1, which became effective
30 days after filing on September 23, 1994, incorporates by reference
40 CFR part 261 at 20 NMAC 4.1.201. This is the version that is
referred to in the Attorney General's Statement submitted with this
program revision. Also, 20 NMAC 4.1.201 is inclusive of the
identification and listing amendments to 40 CFR part 261 promulgated
June 13, 1991, at 56 FR 27332; August 18, 1992, at 57 FR 37284; October
15, 1992, at 57 FR 47376; and December 24, 1992, at 57 FR 61492. New
Mexico Statutes Annotated (NMSA) 1978, Secs. 74-4-4A(1) and 74-4-4E
(Replacement Pamphlet 1993) provides New Mexico with authority to adopt
federal regulations by reference including the sections on
identification and listing.
EPA reviewed New Mexico's application and made an immediate final
determination that New Mexico's hazardous waste program revision
satisfies all of the requirements necessary to qualify for
authorization. Consequently, EPA intends to grant authorization for the
additional program modifications to New Mexico. The public may submit
written comments on EPA's proposed final decision until June 9, 1995.
Copies of New Mexico's application for program revision are available
for inspection and copying at the locations indicated in the ADDRESSES
section of this notice.
Approval of New Mexico's program revision shall become effective 75
days from the date this notice is published, unless an adverse written
comment pertaining to the State's revision discussed in this notice is
received by the end of the comment period. If an adverse written
comment is received, EPA will publish either: (1) A withdrawal of the
immediate final decision; or (2) a notice containing a response to the
comment that either affirms that the immediate final decision takes
effect or reverses the decision.
Mexico's program revision application includes State regulatory
changes that are equivalent to the rules promulgated in the Federal
RCRA implementing regulations in 40 CFR parts 124, 260-262, 264, 265,
266, and 270 that were published in the Federal Register through June
30, 1993. This proposed approval includes the provisions that are
listed in the chart below. This chart also lists the State analogs that
are being recognized as equivalent to the appropriate Federal
requirements.
------------------------------------------------------------------------
Federal citation State analog
------------------------------------------------------------------------
1. Toxicity Characteristics New Mexico Statutes Annotated
Revisions; Technical Corrections, (NMSA) 1978, Secs. 74-4-4A(1) and
(57 FR 30657-30658) July 10, 1992. 74-4-4E (Replacement Pamphlet
(Checklist 108). 1993); Hazardous Waste Management,
New Mexico Environmental
Improvement Board, 20 New Mexico
Administrative Code (NMAC)
4.1.201, Subparts II, V, VI, and
VIII, .501, .502, .601, .602 and
.801 as amended September 23,
1994, effective September 23,
1994.
2. Land Disposal Restrictions for NMSA 1978, Secs. 74-4-4A and 74-4-
Newly Listed Wastes and Hazardous 4E (Repl. Pamp. 1993); 20 NMAC
Debris, (57 FR 37194-37282) August 4.1.101 and 4.1.201 Subparts III,
18, 1992. (Checklist 109). V, VI, VIII and IX, .301, .501,
.502, .601, .602, .801 and .901 as
amended September 23, 1994,
effective September 23, 1994.
3. Coke By-Products Listings, (57 NMSA 1978, Secs. 74-4-4A(1) and 74-
FR 37284-37306) August 18, 1992. 4-4E (Repl. Pamp. 1993); 20 NMAC
(Checklist 110). 4.1.201 as amended September 23,
1994, effective September 23,
1994.
4. Burning of Hazardous Waste in NMSA 1978, Secs. 74-4-4A and 74-4-
Boilers and Industrial Furnaces; 4E (Repl. Pamp. 1993); 20 NMAC
Technical Amendment III, (57 FR 4.1.201 as amended September 23,
38558-38566) August 25, 1992. 1994, effective September 23,
(Checklist 111). 1994.
5. Consolidated Liability NMSA 1978, Secs. 74-4-4A(5)(f) and
Requirements, (53 FR 42832) 74-4-4E (Repl. Pamp. 1993); 20
September 16, 1992, (53 FR 33938- NMAC 4.1.501, Subparts V, and VI,
33960) September 1, 1988, (56 FR .502, .601 and .602 as amended
30200) July 1, 1991 and (57 FR September 23, 1994, effective
42832-42844) September 16, 1992. September 23, 1994.
(Checklist 113, 113.1 and 113.2).
[[Page 20240]]
6. Burning of Hazardous Waste in NMSA 1978, Secs. 74-4-4A and 74-4-
Boilers and Industrial Furnaces, 4E (Repl. Pamp. 1993); 20 NMAC
Amendment IV, (57 FR 44999-45001) 4.1.101, Subparts I, II, V, VI and
September 30, 1992. (Checklist VII, .102, .201, .501, .502, .601,
114). .602 and .701 as amended September
23, 1994, effective September 23,
1994.
7. Chlorinated Toluene Production NMSA 1978, Secs. 74-4-4A(1) and 74-
Waste Listing, (57 FR 47376-47386) 4-4E (Repl. Pamp. 1993); 20 NMAC
October 15, 1992. (Checklist 115). 4.1.201 as amended September 23,
1994, effective September 23,
1994.
8. Hazardous Soil Case-By-Case NMSA 1978, Secs. 74-4-4A and 74-4-
Capacity Variance, (57 FR 47772- 4E (Repl. Pamp. 1993); 20 NMAC
47776) October 20, 1992. 4.1.801 as amended September 23,
(Checklist 116). 1994, effective September 23,
1994.
9. Toxicity Characteristic NMSA 1978, Secs. 74-4-4A(1) and 74-
Amendment, (57 FR 23062-23063) 4-4E (Repl. Pamp. 1993); 20 NMAC
June 1, 1992. (Checklist 117B). 4.1.201 Subparts II, V, VI, and
VIII .201, .501, .502, .601, .602
and .801 as amended September 23,
1994, effective September 23,
1994.
10. Liquids in Landfills II, (57 FR NMSA 1978, Secs. 74-4-4A and 74-4-
54452-54461) November 18, 1992. 4E (Repl. Pamp. 1993); 20 NMAC
(Checklist 118). 4.1.101, Subparts I, II, V, and
VI, .102, .501, .502, .601, and
.602 as amended September 23,
1994, effective September 23,
1994.
11. Wood Preserving; Amendments to NMSA 1978, Secs. 74-4-4A, 74-4-
Listings and Technical 4A(1) and 74-4-4E (Repl. Pamp.
Requirements, (57 FR 61492-61505) 1993); 20 NMAC 4.1.201 and
December 24, 1992. (Checklist 120). 4.1.301, Subparts II, III, V, and
VI, .201, .501, .502, .601,
and.602 as amended September 23,
1994, effective September 23,
1994.
12. Land Disposal Restrictions; NMSA 1978, Secs. 74-4-4A and 74-4-
Renewal of the Hazardous Waste 4E (Repl. Pamp. 1993); 20 NMAC
Debris Case-By-Case Capacity 4.1.801 as amended September 23,
Variance, (58 FR 28506-28511) May 1994, effective September 23,
14, 1993. (Checklist 123). 1994.
13. Land Disposal Restrictions for NMSA 1978, Secs. 74-4-4A and 74-4-
Ignitable and Corrosive 4E (Repl. Pamp. 1993); 20 NMAC
Characteristic Wastes Whose 4.1.801 as amended September 23,
Treatment Standards Were Vacated, 1994, effective September 23,
(58 FR 29860-29887) May 24, 1993. 1994.
(Checklist 124).
------------------------------------------------------------------------
New Mexico is not authorized to operate the Federal program on
Indian lands. This authority remains with EPA.
C. Decision
I conclude that New Mexico's application for a program revision
meets the statutory and regulatory requirements established by RCRA.
Accordingly, New Mexico is granted authorization to operate its
hazardous waste program as revised. New Mexico now has responsibility
for permitting treatment, storage, and disposal facilities within its
borders and for carrying out the aspects of the RCRA program described
in its revised program application, subject to the limitations of the
HSWA. New Mexico also has primary enforcement responsibilities,
although EPA retains the right to conduct inspections under section
3007 of RCRA and to take enforcement actions under sections 3008, 3013,
and 7003 of RCRA.
D. Codification in Part 272
EPA uses 40 CFR part 272 for codification of the decision to
authorize New Mexico's program and for incorporation by reference of
those provisions of New Mexico's Statutes and regulations that EPA will
enforce under section 3008, 3013, and 7003 of RCRA. Therefore, EPA is
reserving amendment of 40 CFR part 272, subpart GG until a later date.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 3 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
New Mexico's program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. This authorization does not
impose any new burdens on small entities. This rule, therefore, does
not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Indian lands, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Water pollution control, Water supply.
Authority: This notice is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: April 17, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 95-10143 Filed 4-24-95; 8:45 am]
BILLING CODE 6560-50-P
