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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-4894-6]

New Mexico: Final Authorization of State Hazardous Waste

Management Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of New Mexico has applied for final authorization of

revision to its hazardous waste program under the Resource Conservation

and Recovery Act (RCRA), and the Environmental Protection Agency (EPA)

has reviewed New Mexico's application and decided that its hazardous

waste program revision satisfies 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 intends to approve New Mexico's

hazardous waste program revision subject to the authority retained by

EPA in accordance with the Hazardous and Solid Waste Amendments of

1984. New Mexico's application for the program revision is available

for public review and comment.

DATES: This final authorization for New Mexico shall be effective

August 23, 1994, unless EPA publishes a prior Federal Register action

withdrawing this immediate final rule. All comments on New Mexico's

program revision application must be received by the close of business

July 25, 1994.

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

USEPA, Region 6 Library, 12th Floor, First Interstate Bank Tower at

Fountain Place, 1445 Ross Avenue, Dallas, Texas 65202, phone (214) 655-

6444. Written comments, referring to Docket Number NM-94-1, should be

sent to Alima Patterson, Region 6 AR-NM Authorization Coordinator,

Grants and Authorization Section (6H-HS), RCRA Programs Branch, USEPA

Region 6, First Interstate Bank Tower at Fountain Place, 1445 Ross

Avenue, Dallas, Texas 75202, (214) 655-8533.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 AR-NM

Authorization Coordinator, Grants and Authorization Section (6H-HS),

RCRA Programs Branch, USEPA Region 6, First Interstate Bank Tower at

Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202, (214) 655-8533.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization 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 through 268, and

270.

B. New Mexico

New Mexico received final 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), and December 4,

1992 (see 57 FR 45717). The authorized New Mexico RCRA program was

incorporated by reference into the Code of Federal Regulations (CFR),

effective December 13, 1993 (see 58 FR 52677). 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).

EPA reviewed New Mexico's application, and made an immediate final

decision that New Mexico's hazardous waste program revision satisfies

all of the requirements necessary to qualify for final authorization.

Consequently, EPA intends to grant final authorization for the

additional program modifications to New Mexico. The public may submit

written comments on EPA's final decision until July 25, 1994. 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 document.

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 document

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 document containing a response to

the comment that either affirms that the immediate final decision takes

effect or reverses the decision.

New 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

December 4, 1992. 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.

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Federal citation State analog

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1. Petroleum Refinery Primary and New Mexico Statutes Annotated

Secondary Oil/Water/Solids (NMSA) 1978, Sections 74-4-4A(1)

separation Sludge Listings (F037 and 74-4-4E (Replacement Pamphlet

and F038), November 2, 1990 (55 FR 1993); New Mexico Hazardous Waste

46354-46397), as amended on Management Regulations (HWMR),

December 17, 1990 (55 FR 51707). HWMR-7; Part II, Section 201, as

(Checklists 81 and 81.1). amended November 20, 1992.

2. Wood Preserving Listings, (55 FR NMSA 1978, Sections 74-4-4A(1) and

50450-50490), December 6, 1990. 74-4-4E (Repl. Pamp. 1993); HWMR-

(Checklist 82). 7; PART I, PART II, PART III, PART

V, PART VI and PART IX, Sections

101, 102, 201, 301, 501 & 502(A)

601, 602(A)(B), 901, and 902, as

amended November 20, 1992.

3. Land Disposal Restrictions for NMSA 1978, Sections 74-4-4A and 74-

Third Third Scheduled Wastes; 4-4E (Repl. Pamp. 1993); HWMR-7

Technical Amendments, (56 FR 3864- PART I, PART II, PART V, and PART

3928), January 31, 1991. VI, and PART VII, Sections 101,

(Checklist 83). 102, 201, 501, 502, 601, 602, and

701, as amended November 20, 1992.

4. Burning of Hazardous Waste in NMSA 1978, Sections 74-4-4E (Repl.

Boilers and Industrial Furnaces, Pamp. 1993); HWMR-7; PART I, PART

February 21, 1991 (56 FR 7134- II, PART V, PART VI, and PART VII.

7240). (Checklist 85). Sections 101, 102, 201, 501, 502,

601, 602 and 701, as amended

November 20, 1992.

5. Removal of Strontium Sulfide NMSA 1978, Sections 74-4-4A(1) and

from the List of Hazardous Wastes; 74-4-4E (Repl. Pamp. 1993); HWMR-

Technical Amendment, (56 FR 7567- 7; PART II, Section 201, as

7568), February 25, 1991. amended November 20, 1992.

(Checklist 86).

6. Organic Air Emission Standards NMSA 1978, Section 74-4-4A and 74-4-

for process Vents and Equipment 4E (Repl. Pamp. 1993); HWMR-7 PART

Leaks; Technical Amendment, April II, PART V, PART VI and PART IX.

26, 1991 (56 FR 19290). (Checklist Sections 201, 501, 502, 601, 602,

87). and 901, as amended November 20,

1992.

7. Administrative Stay for K069 NMSA 1978, Sections 74-4-4A(1) and

Listing, May 1, 1991 (56 FR 74-4-4E (Repl. Pamp. 1993); HWMR-7

19951). (Checklist 88). PART II, Section 201, as amended

November 20, 1992.

8. Mining Waste Exclusion III, June NMSA 1978, Sections 74-4-4A(1) and

13, 1991 (56 FR 27300). (Checklist 74-4-4E (Repl. Pamp. 1993); HWMR-7

90). PART II, Section 201, as amended

November 20, 1992.

9. Wood Preserving Listings, June NMSA 1978, Sections 74-4-4A(1) and

13, 1991 (56 FR 27332). (Checklist 74-4-4E (Repl. Pamp. 1993); HWMR-7

91). PART II Section 201, as amended

November 20, 1992.

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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 final 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 sections 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 6 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

Environmental protection, 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: May 11, 1994.

Allyn M. Davis,

Acting Regional Administrator.

[FR Doc. 94-13960 Filed 6-8-94; 8:45 am]

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