

[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Rules and Regulations]               
[Page 46165-46171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-13]                         


[[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.

-----------------------------------------------------------------------

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: patterson.alima@epa.gov.
    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 
patterson.alima@epa.gov.


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]

BILLING CODE 6560-50-P
