[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Rules and Regulations]
[Pages 23221-23226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11280]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[FRL-5988-2]
New Mexico: Final Authorization and Incorporation by Reference of
State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: New Mexico has revised its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). The EPA has reviewed New
Mexico's changes to its program and has made a decision, subject to
public review and comment, that New Mexico's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Unless adverse written comments are received
during the review and comment period provided for public participation
in this process, EPA's decision to approve New Mexico's hazardous waste
program revisions will take effect as provided below. New Mexico's
program revisions are available for public review and comment.
The EPA uses part 272 of Title 40 Code of Federal Regulations (CFR)
to provide notice of the authorization status of State programs, and to
incorporate by reference EPA's approval of those provisions of the
State statutes and regulations that EPA will enforce under RCRA
sections 3008, 3013 and 7003. Thus, EPA intends to incorporate the New
Mexico Authorized State Program by reference in 40 CFR part 272. The
purpose of this action is to incorporate by reference EPA's approval of
recent revisions to New Mexico's program.
DATES: Final authorization for New Mexico's program revisions shall be
effective July 13, 1998 unless EPA publishes a prior FR action
withdrawing this immediate final rule. All comments on New Mexico's
program revisions must be received by the close of business May 28,
1998. The incorporation of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
July 13, 1998 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Copies of New Mexico's program revisions and materials EPA
used in evaluating the revisions are available for copying from 8:30
a.m. to 4 p.m. Monday through Friday, at the following addresses: New
Mexico Environment Department, 1190 St Francis Drive, Santa Fe, New
Mexico 87502, Phone number: (505) 827-1558; EPA Region 6 Library, 12th
Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone number: (214)
665-6444. Written comments referring to Docket Number NM98-1 should be
sent to Alima Patterson, Region 6 Authorization Coordinator, Grants and
Authorization Section (6PD-G), Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
Phone number: (214) 665-8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, Phone number: (214) 665-8533.
[[Page 23222]]
SUPPLEMENTARY INFORMATION:
I. Authorization of State Initiated Changes
A. Background
States with final authorization under section 3006(b) of the RCRA,
42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984
(Public Law 98-616, November 8, 1984, hereinafter HSWA) allow States to
revise their programs to become substantially equivalent instead of
equivalent to RCRA requirements promulgated under HSWA authority.
States exercising the latter option receive ``interim authorization''
for the HSWA requirements under section 3006(g) of RCRA, 42 U.S.C.
6926(g), and later apply for final authorization for the HSWA
requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR parts 124, 260
through 266, 268, 270, 273, and 279.
B. New Mexico
The State of New Mexico received final authorization to implement
its base hazardous waste management program, on January 25, 1985, (50
FR 1515). New Mexico received authorization for revisions to its
program on April 10, 1990 (55 FR 4604); July 25, 1990 (55 FR 28397);
December 4, 1992 (57 FR 45717); August 23, 1994 (59 FR 29734); December
21, 1994 (59 FR 51122); July 10, 1995 (60 FR 20238); January 2, 1996
(60 FR 53708) as affirmed by EPA in the Federal Register notice
published on January 26, 1996 (61 FR 2450)); and March 10, 1997 (61 FR
67474). The authorized New Mexico RCRA program was incorporated by
reference to the CFR, effective December 13, 1993 (58 FR 52677); August
21, 1995 (60 FR 32113); and November 18, 1996 (61 FR 49265).
With respect to today's document, New Mexico has made conforming
changes to make its regulations internally consistent relative to the
revisions made for the above listed authorizations. New Mexico has also
changed its regulations to make them more consistent with the Federal
requirements. The EPA has reviewed these changes and has made an
immediate final decision, in accordance with 40 CFR 271.21(b)(3), that
New Mexico's hazardous waste program revisions satisfy all of the
requirements necessary to qualify for final authorization.
Consequently, EPA grants final authorization for the additional program
modifications to New Mexico's hazardous waste program. As explained in
the Proposed Rule section of today's FR, the public may submit written
comments on EPA's immediate final decision until June 12, 1998. Copies
of New Mexico's program revisions are available for inspection and
copying at the locations indicated in the Addresses section of this
document.
Approval of New Mexico's program revision shall become effective in
75 days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period.
If an adverse comment is received EPA will publish either: (1) a
withdrawal of the immediate final decision or, (2) a notice containing
a response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
New Mexico is authorized to carry out, in lieu of the Federal
program, the State-initiated changes to Title 20, Chapter 4, Part 1,
New Mexico Annotated Code (20 NMAC 4.1), Sections 4.1.300 and 4.1.301
(analogous to 40 CFR Part 262) and 4.1.901.A.1 (analogous to 40 CFR
124.6(a)). The State regulations were effective November 1, 1995. In
addition, EPA is authorizing changes to 4.1.1109 which was effective
November 1, 1995. This provision does not have a direct analog in the
Federal RCRA regulations however, none of these provisions are
considered broader in scope than the Federal program. This is so
because these provisions were either previously authorized as part of
New Mexico's base authorization or have been added to make the State's
regulations internally consistent with changes made for the other
authorizations listed in the first paragraph of this section. The EPA
has reviewed these provisions and has determined that they are
consistent with and no less stringent than the Federal requirements.
Additionally, this authorization does not affect the status of State
permits and those permits issued by EPA because no new substantive
requirements are a part of these revisions.
New Mexico is not authorized to operate the Federal program on
Indian lands. This authority remains with EPA.
C. Decision
I conclude that New Mexico's program revisions meet all of the
statutory and regulatory requirements established by RCRA. Accordingly,
New Mexico is granted final authorization to operate its hazardous
waste program as revised assuming no adverse comments are received, as
discussed above.
New Mexico now has responsibility for permitting treatment,
storage, and disposal facilities within its borders and carrying out
the aspects of the RCRA program described in its revised program
application, subject to the limitations of the HSWA. New Mexico also
has primary enforcement responsibilities, although EPA retains the
right to conduct inspections under section 3007 of RCRA and to take
enforcement actions under sections 3008, 3013 and 7003 of RCRA.
II. Incorporation by Reference
A. Background
Effective December 13, 1993, August 21, 1995 and November 18, 1996,
EPA incorporated by reference New Mexico's then authorized hazardous
waste program (58 FR 52677, 60 FR 32113 and 61 FR 49265). Effective
March 10, 1997 (61 FR 67474), EPA granted authorization to New Mexico
for additional program revisions. In this document, EPA is
incorporating the currently authorized State hazardous waste program in
New Mexico.
The EPA provides both notice of its approval of State programs in
40 CFR part 272 and incorporates by reference therein the State
statutes and regulations that EPA will enforce under sections 3008,
3013 and 7003 of RCRA. This effort will provide clearer notice to the
public of the scope of the authorized program in New Mexico. Such
notice is particularly important in light of HSWA, (PL 98-616).
Revisions to State hazardous waste programs are necessary when Federal
statutory or regulatory authority is modified. Because HSWA extensively
amended RCRA, State programs must be modified to reflect those
amendments. By incorporating by reference the authorized New Mexico
program and by amending the CFR whenever a new or different set of
requirements is authorized in New Mexico, the status of Federally
approved requirements of the New Mexico program will be readily
discernible.
The Agency will only enforce those provisions of the New Mexico
hazardous waste management program for which authorization approval has
been granted by EPA. This document incorporates by reference provisions
of State hazardous waste statutes and regulations and clarifies which
of these provisions are included in the authorized and Federally
enforceable program.
[[Page 23223]]
B. New Mexico Authorized Hazardous Waste Program
The EPA is incorporating by reference the New Mexico authorized
hazardous waste program in subpart GG of 40 CFR part 272. The State
statutes and regulations are incorporated by reference at
Sec. 272.1601(b)(1) and the Memorandum of Agreement, the Attorney
General's Statement and the Program Description are referenced at
Sec. 272.1601(b)(5), (b)(6) and (b)(7), respectively.
The Agency retains the authority under sections 3007, 3008, 3013
and 7003 of RCRA to undertake enforcement actions in authorized States.
With respect to such an enforcement action, the Agency will rely on
Federal sanctions, Federal inspection authorities, and the Federal
Administrative Procedure Act rather than the authorized State analogues
to these requirements. Therefore, the Agency does not intend to
incorporate by reference for purposes of enforcement such particular,
authorized New Mexico enforcement authorities. Section 272.1601(b)(2)
of 40 CFR lists those authorized New Mexico authorities that are part
of the authorized program but are not incorporated by reference.
The public also needs to be aware that some provisions of the
State's hazardous waste management program are not part of the
Federally authorized State program. These non-authorized provisions
include:
(1) provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) Federal rules for which New Mexico is not authorized, but which
have been incorporated into the State regulations because of the way
the State adopted Federal regulations by reference.
State provisions which are ``broader in scope'' than the Federal
program are not part of the State's authorized program and are not
incorporated by reference in 40 CFR part 272. Section 272.1601(b)(3) of
40 CFR lists for reference and clarity the New Mexico provisions which
are ``broader in scope'' than the Federal program and which are not,
therefore, part of the authorized program being incorporated by
reference. ``Broader in scope'' provisions will not be enforced by EPA;
the State, however, will continue to enforce such provisions.
New Mexico has adopted but is not authorized for the Federal rules
published in the Federal Register from January 28, 1983 through March
20, 1984 (48 FR 3977, 48 FR 39611, 48 FR 52718, 49 FR 5308, and 49 FR
10490); amendments to the Toxicity Characteristic Rule as published on
October 5, 1990 (55 FR 40834), February 1, 1991 (56 FR 3978), February
13, 1991 (56 FR 5910) and April 2, 1991 (56 FR 13406); amendments to
the F037 and F038 listings as published on May 13, 1991 (56 FR 21955);
amendments to 40 CFR parts 260, 261, 264, 265 and 266 relative to the
Recycled Used Oil Management Standards, as published on September 10,
1992 (57 FR 41565) and May 3, 1993 (58 FR 26420); amendments to the
Boilers and Industrial Furnace Rule as published on November 9, 1993
(58 FR 59598); amendments to 40 CFR part 261 addressing Conditional
Exemption for Scale Treatability Studies as published on February 18,
1994 (59 FR 8362) and amendments to 40 CFR part 264 regarding Letter of
Credit as published on June 10, 1994 (59 FR 29958). Therefore, these
Federal amendments included in New Mexico's adoption by reference of
the Federal code at Title 20, Chapter 4, Part 1, New Mexico
Administrative Code (20 NMAC 4.1), Subparts I, II, V, VI, and VII are
not Federally enforceable.
Since EPA cannot enforce a State's requirements which have not been
reviewed and approved according to the Agency's authorization
standards, it is important that EPA clarify any limitations on the
scope of a State's approved hazardous waste program. Thus, in those
instances where a State's method of adopting Federal law by reference
has the effect of including unauthorized requirements, EPA will provide
this clarification by: (1) incorporating by reference the relevant
State legal authorities according to the requirements of the Office of
Federal Register; and (2) subsequently identifying in 272.1601(b)(4)
any requirements which, while adopted and incorporated by reference,
are not authorized by EPA, and therefore are not Federally enforceable.
Thus, notwithstanding the language in the New Mexico hazardous waste
regulations incorporated by reference at 272.1601(b)(1), EPA would only
enforce the State provisions that are actually authorized by EPA. With
respect to HSWA requirements for which the State has not yet been
authorized, EPA will continue to enforce the Federal HSWA standards
until the State receives specific HSWA authorization from EPA.
C. HSWA Provisions
As noted above, the Agency is not amending 40 CFR part 272 to
include HSWA requirements and prohibitions that are immediately
effective in New Mexico and other States. Section 3006(g) of RCRA
provides that any requirement or prohibition of HSWA (including
implementing regulations) takes effect in authorized States at the same
time that it takes effect in nonauthorized States. Thus, EPA has
immediate authority to implement a HSWA requirement or prohibition once
it is effective. A HSWA requirement or prohibition supercedes any less
stringent or inconsistent State provision which may have been
previously authorized by EPA (50 FR 28702, July 15, 1985).
Because of the vast number of HSWA statutory and regulatory
requirements taking effect over the next few years, EPA expects that
many previously authorized and incorporated by reference State
provisions will be affected. The States are required to revise their
programs to adopt the HSWA requirements and prohibitions by the
deadlines set forth in 40 CFR 271.21, and then to seek authorization
for those revisions pursuant to 40 CFR part 271. The EPA expects that
the States will be modifying their programs substantially and
repeatedly. Instead of amending the 40 CFR part 272 every time a new
HSWA provision takes effect under the authority of RCRA section
3006(g), EPA will wait until the State receives authorization for its
analog to the new HSWA provision before amending the State's 40 CFR
part 272 incorporation by reference. In the interim, persons wanting to
know whether a HSWA requirement or prohibition is in effect should
refer to 40 CFR 271.1(j), as amended, which lists each such provision.
The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and clarify the extent
of Federal enforcement authority. This will be particularly true as
more State program revisions to adopt HSWA provisions are authorized.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, that may result in
expenditures to State,
[[Page 23224]]
local, and tribal governments, in the aggregate, or to the private
sector, of $100 million or more in any one year. The sections 202 and
205 requirements do not apply to today's action because it is not a
``Federal mandate'' and because it does not impose annual costs of $100
million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional enforceable duties on
any State, local or tribal governments or the private sector because it
merely grants authorization for existing requirements with which
regulated entities must already comply under State law. Second, the Act
also generally excludes from the definition of a ``Federal mandate''
duties that arise from participation in a voluntary Federal program.
The requirements being authorized and codified today are the result of
New Mexico's voluntary participation in accordance with RCRA subtitle
C.
Even if today's rule did contain a Federal mandate, this rule will
not result in annual expenditures of $100 million or more for State,
local, and/or tribal governments in the aggregate, or the private
sector because today's action grants authorization as well as
incorporating by reference an existing State program that EPA
previously authorized. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, section 203 of UMRA requires EPA to develop a small
government agency plan. This rule contains no regulatory requirements
that might significantly or uniquely affect small governments. The
Agency recognizes that although small governments may be hazardous
waste generators, transporters, or own and/or operate treatment,
storage, and disposal facilities, this codification incorporates into
the CFR New Mexico's requirements which have already been authorized by
EPA under 40 CFR part 271 and, thus, small governments are not subject
to any additional significant or unique requirements by virtue of this
authorization and codification.
Certification Under the Regulatory Flexibility Act
The EPA has determined that this authorization and codification
will not have a significant economic impact on a substantial number of
small entities. Such small entities which are hazardous waste
generators, transporters, or which own and/or operate treatment,
storage, or disposal facilities are already subject to the state
requirements authorized by EPA under 40 CFR part 271. The EPA's
authorization and codification does not impose any additional burdens
on these small entities. This is because EPA's codification would
simply result in an administrative change, rather than a change in the
substantive requirements imposed on small entities.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b),
I hereby certify that this codification will not have a significant
economic impact on a substantial number of small entities. This
codification incorporates New Mexico's requirements into the CFR which
have been authorized by EPA under 40 CFR part 271. It does not impose
any new burdens on small entities. This rule, therefore, does not
require a regulatory flexibility analysis.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA submitted a report containing this rule and
other required information to the U.S. Senate, the U.S.House of
Representatives and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 272
Environmental Protection, Administrative practice and procedure,
Confidential business information, Hazardous waste transportation,
Hazardous waste, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: March 19, 1998.
Lynda F. Carroll,
Acting Deputy Regional Administrator, Region 6.
40 CFR part 272 is amended as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
1. The authority citation for part 272 continues to read as
follows:
Authority: Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
2. Subpart GG is amended by revising Sec. 272.1601 to read as
follows:
Sec. 272.1601 New Mexico State-Administered Program: Final
Authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), New
Mexico has final authorization for the following elements as submitted
to EPA in New Mexico's base program application for final authorization
which was approved by EPA effective January 25, 1985. Subsequent
program revision applications were approved effective on April 10,
1990, July 25, 1990, December 4, 1992, August 23, 1994, December 21,
1994, July 10, 1995, January 2, 1996, March 10, 1997 and June 13, 1998.
(b) State Statutes and Regulations.
(1) The New Mexico statutes and regulations cited in this paragraph
are incorporated by reference as part of the hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(i) The EPA Approved New Mexico Statutory Requirements Applicable
to the Hazardous Waste Management Program, dated September 1997.
(ii) The EPA Approved New Mexico Regulatory Requirements Applicable
to the Hazardous Waste Management Program, dated September 1997.
(2) The following statutes and regulations concerning State
[[Page 23225]]
enforcement, although not incorporated by reference, are part of the
authorized State program:
(i) New Mexico Statutes 1978 Annotated, Inspection of Public
Records Act, Chapter 14, Article 2, (1994 Cumulative Supplement),
Sections 14-2-1 et seq.
(ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act,
Chapter 74, Article 4, (1993 Replacement Pamphlet), Sections 74-4-4
(except 74-4-4C), 74-4-4.1, 74-4-4.2C through 74-4-4.2F, 74-4-4.2G(1),
74-4-4.2H, 74-4-4.2I, 74-4-4.3 (except 74-4-4.3A(2) and 74-4-4.3F), 74-
4-4.7B, 74-4-4.7C, 74-4-5, 74-4-7, 74-4-10, 74-4-10.1 (except 74-4-
10.1C), 74-4-11 through 74-4-14.
(iii) Title 20, Chapter 4, Part 1, New Mexico Administrative Code
(20 NMAC 4.1), effective November 11, 1995, Subpart IX, Section 4.1.901
(except 4.1.901.B.1 through 4.1.901.B.6); and Subpart X, Sections
4.1.1101, 4.1.1105, 4.1.1106, and 4.1.1109.
(3)(i) The following statutory provisions are broader in scope than
the Federal program, are not part of the authorized program, and are
not incorporated by reference:
(ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act,
Chapter 74, Article 4, (1993 Replacement Pamphlet), Sections 74-4-3.3
and 74-4-4.2J.
(4) Unauthorized State Provisions (i) The State's adoption of the
Federal rules listed below is not approved by EPA and are, therefore,
not enforceable:
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Federal Register Publication
Federal requirement reference date
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Biennial Repot.................... 48 FR 3977.......... 01/28/83
Permit Rules; Settlement Agreement 48 FR 39611......... 09/01/83
Interim Status Standards; 48 FR 52718......... 11/22/83
Applicability.
Chlorinated Aliphatic Hydrocarbon 49 FR 5308.......... 02/10/84
Listing (F024).
National Uniform Manifest......... 49 FR 10490......... 03/20/84
Recycled Used Oil Management 57 FR 41566: 09/10/92
Standards. Amendments to 40
CFR Parts 260, 261
and 266.
58 FR 26420: 05/03/93
Amendments to 40
CFR Parts 261, 264
and 265.
Revision of Conditional Exemption 59 FR 8362.......... 02/18/94
for Small Scale Treatability
Studies.
Letter of Credit Revision......... 59 FR 29958......... 06/10/94
------------------------------------------------------------------------
(ii) Additionally, New Mexico has adopted but is not authorized to
implement the HSWA rules that are listed below in lieu of EPA. The EPA
will continue to enforce the Federal HSWA standards for which New
Mexico is not authorized until the State receives specific
authorization from EPA.
------------------------------------------------------------------------
Federal Register Publication
Federal requirement reference date
------------------------------------------------------------------------
Toxicity.......................... 55 FR 40834......... 10/05/90
Characteristic.................... 56 FR 3978.......... 02/01/91
Hydrocarbon Recovery Operations... 56 FR 13406......... 04/02/91
Toxicity.......................... 56 FR 5910.......... 02/13/91
Characteristic
Chlorofluorocarbon
Refrigerants
Revisions to the Petroleum 56 FR 21955......... 05/13/91
Refining Primary and Secondary
Oil/Water/Solids Separation
Sludge Listings (F037 and F038).
Boilers and Industrial Furnaces; 58 FR 59598......... 11/09/93
Administrative Stay and Interim
Standards for Bevill Residues.
------------------------------------------------------------------------
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of New Mexico signed by the EPA Regional
Administrator on December 11, 1996, is referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.
(6) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization,'' signed by the Attorney General of New Mexico
on January 1985, and revisions, supplements and addenda to that
Statement dated April 13, 1988; September 14, 1988; July 19, 1989; July
23, 1992; February 14, 1994; July 18, 1994; July 20, 1994; August 11,
1994; November 28, 1994; August 24, 1995; and January 12, 1996, are
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(7) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
3. Appendix A to part 272 is amended by revising the listing for
``New Mexico'' to read as follows:
* * * * *
New Mexico
The statutory provisions include:
New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter
74, Article 4 (1993 Replacement Pamphlet), Sections 74-4-2, 74-4-3
(except 74-4-3L, 74-4-3O and 74-4-3R), 74-4-3.1, 74-4-4.2A, 74-4-4.2B,
74-4-4.2G introductory paragraph, 74-4-4.2G(2), 74-4-4.3F, 74-4-4.7
(except 74-4-4.7B and 74-4-4.7C), 74-4-9 and 74-4-10.1C, as published
by the Michie Company, Law Publishers, 1 Town Hall Square,
Charlottesville, Virginia 22906-7587.
The regulatory provisions include:
Title 20, Chapter 4, Part 1, New Mexico Annotated Code (20 NMAC
4.1), effective November 11, 1995, Subpart I, Sections 4.1.101 and
4.1.102; Subpart II, Section 4.1.200; Subpart III, Sections 4.1.300 and
4.1.301; Subpart IV,
[[Page 23226]]
Sections 4.1.400 and 4.1.401; Subpart V, Sections 4.1.500 and 4.1.501;
Subpart VI, Sections 4.1.600 and 4.1.601; Subpart VII, Section 4.1.700;
Subpart VIII, Section 4.1.800; Subpart IX, Sections 4.1.900,
4.1.901.B.1 through 4.1.901.B.6; and Subpart X, Section 4.1.1103.
Copies of the New Mexico regulations can be obtained from the New
Mexico Commission of Public Records, State Records Center and Archives,
State Rules Division, 404 Montezuma Avenue, Santa Fe, NM 87501-2502.
* * * * *
[FR Doc. 98-11280 Filed 4-27-98; 8:45 am]
BILLING CODE 6560-50-P
