§282.81 New Mexico State-Administered Program.

(a) The State of New Mexico is approved to administer and enforce an underground storage tank program in lieu of the federal program under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the New Mexico Environmental Improvement Board, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the New Mexico program on August 21, 1990 and it was effective on November 16, 1990.

(b) New Mexico has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, New Mexico must revise its approved program to adopt new changes to the federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If New Mexico obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the FEDERAL REGISTER.

(d) New Mexico has final approval for the following elements submitted to EPA in New Mexico's program application for final approval and approved by EPA on August 21, 1990. Copies may be obtained from the Underground Storage Tank Program, New Mexico Environmental Improvement Board, 1190 St. Francis Drive, Santa Fe, NM 87503.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) New Mexico Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.

(B) New Mexico Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement.

(i) Article 4: Hazardous Wastes.

74-4-4.2      Permits; Issuance; Denial; Modification; Suspension; Revocation

74-4-4.3      Entry; Availability of Records

74-4-10      Enforcement; Compliance Orders; Civil Penalties

74-4-11      Penalty; Criminal

74-4-12      Penalty; Civil

74-4-13      Imminent Hazards; Authority of Director; Penalties

74-4-14      Administrative Actions; Judicial Review

(ii) Article 6: Water Quality.

74-6-7      Administrative Action; Judicial Review

74-6-10      Penalties Enforcement; Compliance Orders; Penalties; Assurance of Discontinuance

74-6-10.1      Civil Penalties

74-6-10.2      Criminal Penalties

74-6-11      Emergency; Powers of Delegated Constituent Agencies; Penalties

(iii) Article 6B: Ground Water Protection.

74-6B-5      Department's Right of Entry and Inspection

(B) The regulatory provisions include:

(1) State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations.

(i) Part X: Administrative Review.

§1000      Informal Review

§1001      Review By the Director on Written Memoranda

§1002      Public Participation

(2) New Mexico Rules Governing Appeals From Compliance Orders Under the Hazardous Waste Act and the Solid Waste Act.

(i) Part I: General Provisions.

§101      Authority

§102      Scope of Rules; Applicability of Rules of Civil Procedure

§103      Definitions

§104      Use of Number and Gender

§105      Powers and Duties of the Director, Hearing Officer, and Hearing Clerk

§106      Computation and Extension of Time

§107      Ex Parte Discussions

§108      Examination of Documents Filed

§109      Settlement; Consent Agreement

(ii) Part II: Document Requirements.

§201      Filing, Service, and Form of Documents

§202      Filing and Service of Documents Issued by Hearing Officer

§203      Compliance Order

§204      Request for Hearing; Answer to Compliance Order

§205      Notice of Docketing; Notice of Hearing Officer Assignment

§206      Motions

(iii) Part III: Prehearing Procedures and Discovery.

§301      General Rules Regarding Discovery

§302      Identity of Witnesses

§303      Production of Documents

§304      Request for Admissions

§305      Subpoenas

§306      Other Discovery

(iv) Part IV: Hearing Procedures.

§401      Scheduling the Hearing

§402      Evidence

§403      Objections and Offers of Proof

§404      Burden of Presentation; Burden of Persuasion

(v) Part V: Post-Hearing Procedures.

§501      Filing the Transcript

§502      Proposed Findings, Conclusions and Orders

§503      Recommended Decision

§504      Final Order by Director

§505      Judicial Review

(vi) Part VI: Miscellaneous Provisions.

§601      Liberal Construction

§602      Severability

§603      Supersession of Prior Rules

§604      Savings Clause

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement.

(1) 74-4-4.4      Underground Storage Tanks; Registration; Installer Certification; Fees [Insofar as it applies to individuals other than UST owners and operators.]

(B) State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations.

(1) Part I: General Provisions.

§103      Applicability [Insofar as it does not exclude UST systems with de minimis concentrations of regulated substances; emergency spill or overflow containment UST systems expeditiously emptied after use; UST systems that are part of emergency generator systems at nuclear power generation facilities; airport hydrant fuel distribution systems; and UST systems with field-constructed tanks; and does not defer emergency power generator UST systems.]

(2) Part XIV: Certification of Tank Installers [Insofar as it applies to individuals other than UST owners and operators.]

§1400      Purpose

§1401      Legal Authority

§1402      Definitions

§1403      Applicability

§1404      General Requirements

§1405      Contractor Certification

§1406      Individual Certification

§1407      Experience Requirements

§1408      Written Examination

§1409      On-Site Examination

§1410      Approval of Comparable Certification Programs

§1411      Denial of Certificates

§1412      Renewal of Certificates

§1413      Installer Duties and Obligations

§1414      Division Approval of Training and Continuing Education

§1415      Complaints

§1416      Investigations, Enforcement, Penalties

§1417      Division Actions Against Certificates

(2) Statement of legal authority. (i) "Attorney General's Statement for Final Approval", signed by the Attorney General of New Mexico on June 25, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of New Mexico to EPA, June 25, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The "Demonstration of Procedures for Adequate Enforcement" submitted as part of the original application on September 25, 1989, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application on September 25, 1990, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the New Mexico Environmental Improvement Board, signed by the EPA Regional Administrator on September 13, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 1217, Jan. 18, 1996]