§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 on 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 October 9, 2001.

(b) State Statutes and Regulations.

(1) The New Mexico regulations cited in paragraph (b)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (See §272.2).

(i) The Binder entitled "EPA Approved New Mexico Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program", dated October 2001.

(ii) [Reserved]

(2) The following provisions provide the legal basis for the State's implementation of the hazardous waste management program, but they are not being incorporated by reference and do not replace Federal authorities:

(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, effective June 14, 2000, sections 20.4.1.901 (except 20.4.1.901.B.1 through 20.4.1.901.B.6 and 20.4.1.901.E), 20.4.1.1100, 20.4.1.1104, 20.4.1.1105, and 20.4.1.1107.

(3)(i) The following statutory and regulatory 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 Amendments. -- (i) The State's adoption of the Federal rules listed in the following table is not approved by EPA and are, therefore, not enforceable:

------------------------------------------------------------------------
                                      Federal Register      Publication
        Federal requirement               reference            date
------------------------------------------------------------------------
Biennial Report...................  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.
                                    58 FR 33341:                06/17/93
                                     Amendments to 40
                                     CFR parts 261, 264
                                     and 265.
                                    63 FR 24963:                05/06/98
                                     Amendments to 40
                                     CFR part 261.
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
Universal Waste Rule, Petition      60 FR 25492.........        05/11/95
 Provisions to Add a New Universal
 Waste.
Recovered Used Oil Exclusion;       61 FR 13103.........        03/26/96
 Correction.
Mineral Processing Secondary        63 FR 28556;                06/26/98
 Materials.                          Amendments to 40
                                     CFR part 261.
Hazardous Remediation Waste         63 FR 65874.........        11/30/98
 Requirements (HWIR-Media), except
 as they apply to the standards
 for staging piles and to 40 CFR
 264.1(j) and 264.101(d).
------------------------------------------------------------------------

(ii) Additionally, New Mexico has adopted but is not authorized to implement the HSWA rules that are listed in the following table in lieu of EPA. 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 Characteristic;            55 FR 40834.........        10/05/90
 Hydrocarbon Recovery Operations.   56 FR 3978..........        02/01/91
                                    56 FR 13406.........        04/02/91
Toxicity Characteristic;            56 FR 5910..........        02/13/91
 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.
Hazardous Remediation Waste         63 FR 65874.........        11/30/98
 Requirements (HWIR-Media), to the
 extent that they apply to the
 standards for staging piles and
 to 40 CFR 264.1(j) and 264.101(d).
------------------------------------------------------------------------

(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 July 30, 2001, 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 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; and June 14, 2000 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 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.

[68 FR 51487, Aug. 27, 2003]