New Mexico: Incorporation by Reference of Approved State Hazardous Waste Management Program, 63897-63901 [E8-25533]
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Federal Register / Vol. 73, No. 209 / Tuesday, October 28, 2008 / Rules and Regulations
preemption provision, the exemption
procedures, and the exceptions to the
provision.
Even where the express preemption
provision is not applicable, implied
preemption may arise. See Geier v.
American Honda Co. 529 U.S. 861
(2000). Under the principles of implied
conflict preemption, courts have found
State law preempted where it is
impossible to comply with both Federal
and State law or where the State law
‘‘stands as an obstacle to the
accomplishment and execution of the
full purposes and objectives of
Congress.’’ See English v. General
Electric Co., 496 U.S. 72, 79 (1990);
Florida Lime & Avocado Growers, Inc.,
373 U.S. 132, 142–43 (1963); Hines v.
Davidowitz, 312 U.S. 52, 67 (1941).
This rule amends the labeling
requirements for certain application
OTC drug products to require the
addition of a side effects statement, and
to require pharmacies and authorized
dispensers to distribute the side effects
statement with each prescription drug
approved under section 505 of the act
and dispensed. This rule would have a
preemptive effect to the extent that a
State requires labeling that directly
conflicts with, is different from, or is in
addition to, the side effects statement
required by this rule for certain
application OTC drug products. This
preemptive effect is consistent with
what Congress set forth in section 751
of the act. Section 751(a) of the act
displaces both State legislative
requirements and State common law
duties. The rule would also have a
preemptive effect to the extent that a
State imposes requirements on
pharmacies or authorized dispensers
that conflict with the requirements of
this rule or frustrate the federal purpose
with respect to distribution of the side
effects statement. Preemption with
respect to these requirements is
consistent with the doctrine of implied
conflict preemption. FDA believes that
the preemptive effect of the final rule,
if finalized as proposed, would be
consistent with Executive Order 13132.
Section 4(e) of the Executive order
provides that ‘‘when an agency proposes
to act through adjudication or
rulemaking to preempt State law, the
agency shall provide all affected State
and local officials notice and an
opportunity for appropriate
participation in the proceedings.’’ FDA
provided the States with an opportunity
for appropriate participation in this
rulemaking when it sought input from
all stakeholders through publication of
the proposed rule (69 FR 21778). FDA
received no comments from any States
on the proposed rulemaking. On January
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3, 2008, FDA published an interim final
rule codifying the proposed rule which,
under FDAAA, became effective by
operation of law on January 1, 2008 (73
FR 402). FDA received no comments
from any State on the interim final rule.
In addition, on July 31, 2008, the FDA
Division of Federal and State Relations
provided notice via fax and e-mail
transmission to elected officials of State
governments and their representatives
of national organizations. The notice
provided the States with further
opportunity for comment on the rule. It
advised the States of the publication of
the proposed rule and interim final rule
and encouraged State and local
governments to review the notice and
interim final rule to provide any
comments to Docket No. FDA–2003–N–
0313 (formerly Docket No. 2003N–0342)
opened in the April 22, 2004, Federal
Register proposed rule, by a date 30
days from the date of the notice (i.e., by
August 31, 2008, or to contact certain
named individuals. FDA received no
comments in response to this notice.
The notice has been filed in Docket No.
FDA–2003–N–0313.
In conclusion, FDA believes that it
has complied with all of the applicable
requirements under the Executive order
and has determined that the preemptive
effects of this rule are consistent with
Executive Order 13132.
(FDA has verified all Web site
addresses, but FDA is not responsible
for any subsequent changes to the Web
sites after this document publishes in
the Federal Register.)
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, the interim final rule
amending 21 CFR parts 201 and 208 and
adding 21 CFR part 209, which was
published at 73 FR 402 (January 3,
2008), is adopted as a final rule without
change.
Dated: October 21, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–25670 Filed 10–27–08; 8:45 am]
BILLING CODE 4160–01–S
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63897
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[EPA–R06–RCRA–2008–0753; FRL–8729–6]
New Mexico: Incorporation by
Reference of Approved State
Hazardous Waste Management
Program
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
SUMMARY: The Solid Waste Disposal Act,
as amended, commonly referred to as
the Resource Conservation and
Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA)
to authorize States to operate their
hazardous waste management programs
in lieu of the Federal program. The EPA
uses the regulations entitled ‘‘Approved
State Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State statutes and
regulations that will be subject to the
EPA’s inspection and enforcement. The
rule codifies in the regulations the prior
approval of New Mexico’s hazardous
waste management program and
incorporates by reference authorized
provisions of the State’s statutes and
regulations.
This regulation is effective
December 29, 2008, unless the EPA
receives adverse written comment on
this regulation by the close of business
November 28, 2008. If the EPA receives
such comments, it will publish a timely
withdrawal of this immediate final rule
in the Federal Register informing the
public that this rule will not take effect.
The Director of the Federal Register
approves this incorporation by reference
as of December 29, 2008 in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://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
DATES:
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Federal Register / Vol. 73, No. 209 / Tuesday, October 28, 2008 / Rules and Regulations
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–RCRA–2008–
0753. EPA’s policy is that all comments
received will be included in the public
docket without change, including
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov,
or e-mail. The Federal
www.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 www.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. (For additional
information about the EPA’s public
docket, visit the EPA Docket Center
homepage at https://www.spa.gov/
epahome/dockets.htm).
You can view and copy the
documents that form the basis for this
codification and associated publicly
available materials from 8:30 a.m. to 4
p.m. Monday through Friday at the
following location: 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:
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A. What Is Codification?
Codification is the process of placing
a State’s statutes and regulations that
comprise the State’s authorized
hazardous waste management program
into the Code of Federal Regulations
(CFR). Section 3006(b) of RCRA, as
amended, allows the Environmental
Protection Agency (EPA) to authorize
State hazardous waste management
programs to operate in lieu of the
Federal hazardous waste management
regulatory program. The EPA codifies its
authorization of State programs in 40
CFR part 272 and incorporates by
reference State statutes and regulations
that the EPA will enforce under sections
3007 and 3008 of RCRA and any other
applicable statutory provisions.
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 State requirements that can be
Federally enforced. This effort provides
clear notice to the public of the scope
of the authorized program in each State.
B. What Is the History of the
Authorization and Codification of New
Mexico’s Hazardous Waste
Management Program?
New Mexico initially received Final
authorization effective January 25, 1985
(50 FR 1515), to implement its Base
Hazardous Waste Management program.
Subsequently, the EPA approved
additional program revision
applications effective 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 the EPA in the
Federal Register notice published on
January 26, 1996 (61 FR 2450); March
10, 1997 (61 FR 67474); October 9, 2001
(66 FR 42140); and October 16, 2007 (72
FR 46165). The EPA incorporated by
reference New Mexico’s then authorized
hazardous waste program effective
December 13, 1993 (58 FR 52677);
August 21, 1995 (60 FR 32113);
November 18, 1996 (61 FR 49265); July
13, 1998 (63 FR 23224); and October 27,
2003 (68 FR 51487). In this document,
the EPA is revising Subpart GG of 40
CFR part 272 to include the recent
authorization revision action effective
October 16, 2007 (72 FR 46165).
C. What Codification Decisions Have
We Made in This Rule?
The purpose of today’s Federal
Register document is to codify New
Mexico’s base hazardous waste
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management program and its revisions
to that program. The EPA provided
notices and opportunity for comments
on the Agency’s decisions to authorize
the New Mexico program, and the EPA
is not now reopening the decisions, nor
requesting comments, on the New
Mexico authorizations as published in
the Federal Register notices specified in
Section B of this document.
This document incorporates by
reference New Mexico’s hazardous
waste statutes and regulations and
clarifies which of these provisions are
included in the authorized and
Federally enforceable program. By
codifying New Mexico’s authorized
program and by amending the Code of
Federal Regulations, the public will be
more easily able to discern the status of
Federally approved requirements of the
New Mexico hazardous waste
management program.
The EPA is incorporating by reference
the New Mexico authorized hazardous
waste program in subpart GG of 40 CFR
part 272. Section 272.1601 incorporates
by reference New Mexico’s authorized
hazardous waste statutes and
regulations. Section 272.1601 also
references the statutory provisions
(including procedural and enforcement
provisions) which provide the legal
basis for the State’s implementation of
the hazardous waste management
program, the Memorandum of
Agreement, the Attorney General’s
Statements and the Program
Description, which are approved as part
of the hazardous waste management
program under Subtitle C of RCRA.
D. What Is the Effect of New Mexico’s
Codification on Enforcement?
The EPA retains its authority under
statutory provisions, including but not
limited to, RCRA sections 3007, 3008,
3013 and 7003, and other applicable
statutory and regulatory provisions to
undertake inspections and enforcement
actions and to issue orders in authorized
States. With respect to these actions, the
EPA will rely on Federal sanctions,
Federal inspection authorities, and
Federal procedures rather than any
authorized State analogues to these
provisions. Therefore, the EPA is not
incorporating by reference such
particular, approved New Mexico
procedural and enforcement authorities.
Section 272.1601(c)(2) of 40 CFR lists
the statutory provisions which provide
the legal basis for the State’s
implementation of the hazardous waste
management program, as well as those
procedural and enforcement authorities
that are part of the State’s approved
program, but these are not incorporated
by reference.
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E. What State Provisions Are Not Part
of the Codification?
The public needs to be aware that
some provisions of New Mexico’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 that are ‘‘broader in
scope’’ than the Federal program are not
part of the RCRA authorized program
and the EPA will not enforce them.
Therefore, they are not incorporated by
reference in 40 CFR part 272. For
reference and clarity, 40 CFR
272.1601(c)(3) lists the New Mexico
regulatory provisions which are
‘‘broader in scope’’ than the Federal
program and which are not part of the
authorized program being incorporated
by reference. ‘‘Broader in scope’’
provisions cannot be enforced by the
EPA; the State, however, may enforce
such provisions under State law.
With respect to any requirement
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for
which the State has not yet been
authorized, the EPA will continue to
enforce the Federal HSWA standards
until the State is authorized for these
provisions.
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F. What Will Be the Effect of Federal
HSWA Requirements on the
Codification?
The EPA is not amending 40 CFR part
272 to include HSWA requirements and
prohibitions that are implemented by
the EPA. Section 3006(g) of RCRA
provides that any HSWA requirement or
prohibition (including implementing
regulations) takes effect in authorized
and not authorized States at the same
time. A HSWA requirement or
prohibition supersedes any less
stringent or inconsistent State provision
which may have been previously
authorized by the EPA (50 FR 28702,
July 15, 1985). The EPA has the
authority to implement HSWA
requirements in all States, including
authorized States, until the States
become authorized for such requirement
or prohibition. Authorized States are
required to revise their programs to
adopt the HSWA requirements and
prohibitions, and then to seek
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authorization for those revisions
pursuant to 40 CFR part 271.
Instead of amending the 40 CFR part
272 every time a new HSWA provision
takes effect under the authority of RCRA
section 3006(g), the 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. Until
then, 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.
Some existing State requirements may
be similar to the HSWA requirement
implemented by the EPA. However,
until the EPA authorizes those State
requirements, the EPA can only enforce
the HSWA requirements and not the
State analogs. The EPA will not codify
those State requirements until the State
receives authorization for those
requirements.
G. 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 rule
incorporates by reference New Mexico’s
authorized hazardous waste
management regulations 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
rule merely incorporates by reference
certain existing State hazardous waste
management program requirements
which the EPA already approved under
40 CFR part 271, and with which
regulated entities must already comply,
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)).
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
incorporates by reference existing
authorized State hazardous waste
management program requirements
without altering the relationship or the
distribution of power and
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63899
responsibilities established by RCRA.
This action also does not have Tribal
implications within the meaning of
Executive Order 13175 (65 FR 67249,
November 6, 2000).
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.
The requirements being codified are
the result of New Mexico’s voluntary
participation in the EPA’s State program
authorization process under RCRA
Subtitle C. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 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 amended 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 December 29, 2008.
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List of Subjects in 40 CFR Part 272
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Incorporation by
reference, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Water pollution control,
Water supply.
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: September 17, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
For the reasons set forth in the
preamble, 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: Secs. 2002(a), 3006, and 7004(b)
of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926,
and 6974(b).
2. Subpart GG is amended by revising
§ 272.1601 to read as follows:
■
§ 272.1601 New Mexico StateAdministered Program: Final Authorization.
(a) Pursuant to section 3006(b) of
RCRA, 42 U.S.C. 6926(b), the EPA
granted New Mexico 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,
October 9, 2001, and October 16, 2007.
(b) The State of New Mexico has
primary responsibility for enforcing its
hazardous waste management program.
However, EPA retains the authority to
exercise its inspection and enforcement
authorities in accordance with sections
3007, 3008, 3013, 7003 of RCRA, 42
U.S.C. 6927, 6928, 6934, 6973, and any
other applicable statutory and
regulatory provisions, regardless of
whether the State has taken its own
actions, as well as in accordance with
other statutory and regulatory
provisions.
(c) State Statutes and Regulations. (1)
The New Mexico statutes and
regulations cited in paragraph (c)(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. The
Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain copies
of the New Mexico regulations that are
incorporated by reference in this
paragraph from the New Mexico
Commission of Public Records, State
Records Center and Archives,
Administrative Law Division, 1205
Camino Carlos Rey, Santa Fe, NM
87507; Phone number (505) 476–7907;
Web site: https://
www.nmcpr.state.nm.us/. The statutes
are available from ConwayGreene
Company, 1400 East 30th Street, Suite
#402, Cleveland, OH 44114; Phone
number (216) 619–8091; Web site:
https://www.conwaygreene.com. You
may inspect a copy at EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202
(Phone number (214) 665–8533), or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(i) The binder entitled ‘‘EPA
Approved New Mexico Statutory and
Regulatory Requirements Applicable to
the Hazardous Waste Management
Program’’, dated October 2007.
(ii) [Reserved]
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Federal requirement
(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 Rules Annotated,
Rules of Civil Procedure for the District
Courts, Article 4, (1995), Section 1–024.
(ii) New Mexico Statutes 1978
Annotated, Inspection of Public Records
Act, Chapter 14, Article 2, (2003
Replacement Pamphlet), Sections 14–2–
1 et seq.
(iii) New Mexico Statutes 1978
Annotated, Hazardous Waste Act,
Chapter 74, Article 4, (2000
Replacement Pamphlet), Sections 74–4–
4.1, 74–4–4.2.C through 74–4–4.2.F, 74–
4–4.2.G(1), 74–4–4.2.H, 74–4–4.2.I, 74–
4–4.7.B and .C, 74–4–5, 74–4–7, 74–4–
10.1 (except 74–4–10.1.C), and 74–4–14.
(iv) New Mexico Statutes 1978
Annotated, Hazardous Waste Act,
Chapter 74, Article 4, (2002 Cumulative
Supplement), Sections 74–4–4 (except
74–4–4E), 74–4–4.3 (except 74–4–
4.3.A(2) and 74–4–4.3.F), 74–4–10, 74–
4–11 through 74–4–13.
(v) Title 20, Chapter 4, Part 1, New
Mexico Administrative Code, effective
October 1, 2003, unless otherwise
indicated: 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 (June 14,
2000), 20.4.1.1104 (June 14, 2000),
20.4.1.1105 (June 14, 2000), and
20.4.1.1107.
(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, (2000
Replacement Pamphlet), Sections 74–4–
3.3 and 74–4–4.2.J.
(4) Unauthorized State Amendments.
The State’s adoption of the Federal rules
listed in the following table is not
approved by the EPA and are, therefore,
not enforceable:
Publication
date
Federal Register reference
Biennial Report .........................................
Permit Rules; Settlement Agreement .......
Interim Status Standards; Applicability .....
Chlorinated Aliphatic Hydrocarbon Listing
(F024).
National Uniform Manifest ........................
Recycled Used Oil Management Standards.
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3977 ..................................................................................................................
39611 ................................................................................................................
52718 ................................................................................................................
5308 ..................................................................................................................
01/28/83
09/01/83
11/22/83
02/10/84
49 FR 10490 ................................................................................................................
57 FR 41566: Amendments to 40 CFR Parts 260, 261 and 266 ...............................
03/20/84
09/10/92
58 FR 26420: Amendments to 40 CFR Parts 261, 264 and 265 ...............................
58 FR 33341: Amendments to 40 CFR Parts 261, 264 and 265 ...............................
63 FR 24963: Amendments to 40 CFR Part 261 ........................................................
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48
48
49
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FR
FR
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Federal Register / Vol. 73, No. 209 / Tuesday, October 28, 2008 / Rules and Regulations
Publication
date
Federal requirement
Federal Register reference
Mineral Processing Secondary Materials
63 FR 28556; Amendments to 40 CFR Part 261 ........................................................
(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 25, 2007, 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; January 12, 1996; June 14, 2000,
and August 3, 2006, 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.
■ 3. Appendix A to part 272 is amended
by revising the listing for ‘‘New Mexico’’
to read as follows:
Appendix A to Part 272—State
Requirements
ebenthall on PROD1PC60 with RULES
*
*
*
*
*
New Mexico
The statutory provisions include:
New Mexico Statutes 1978 Annotated,
Hazardous Waste Act, Chapter 74, Article 4
(2000 Replacement Pamphlet). Please note
that for a few provisions the version found
in the 2002 Cumulative Supplement to
NMSA 74–4 is the approved version of the
statutes.
Chapter 74, Article 4, Sections 74–4–2, 74–
4–3 (except 74–4–3.A, 74–4–3.N, 74–4–3.R,
and 74–4–3.V) (2002 Cumulative
Supplement), 74–4–3.1, 74–4–4.2.A, 74–4–
4.2.B, 74–4–4.2.G introductory paragraph,
74–4–4.2.G(2), 74–4–4.3.F (2002 Cumulative
Supplement), 74–4–4.7 (except 74–4–4.7.B
and 74–4–4.7.C), 74–4–9, and 74–4–10.1.C,
as published by ConwayGreene Company,
1400 East 30th Street, Suite #402, Cleveland,
OH 44114; Phone number (216) 619–8091;
Web site: https://www.conwaygreene.com.
The regulatory provisions include:
Title 20, Chapter 4, Part 1, New Mexico
Annotated Code, effective October 1, 2003,
unless otherwise indicated, Sections
20.4.100, 20.4.1.101, 20.4.1.200, 20.4.1.300,
VerDate Aug<31>2005
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20.4.1.400, 20.4.1.401, 20.4.1.500, 20.4.1.501,
20.4.1.600, 20.4.1.601, 20.4.1.700, 20.4.1.800,
20.4.801, 20.4.1.900, 20.4.1.901.B.1 through
20.4.1.901.B.6, 20.4.1.901.E, 20.4.1.1000,
20.4.1.1001 (June 14, 2000), 20.4.1.1102 (June
14, 2000), and 20.4.1103. Copies of the New
Mexico regulations can be obtained from the
New Mexico Commission of Public Records,
State Records Center and Archives,
Administrative Law Division, 1205 Camino
Carlos Rey, Santa Fe, NM 87507; Phone
number (505) 476–7907; Web site: https://
www.nmcpr.state.nm.us/.
[FR Doc. E8–25533 Filed 10–27–08; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 08–2276; MB Docket No. 07–182; RM–
11393; MB Docket No. 07–194; RM–11397]
Radio Broadcasting Services; Antlers,
OK; Hico, TX, and Hugo, OK
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Audio Division, at the
request of Liberman Broadcasting of
Dallas License LLC, allots FM Channel
293A in lieu of vacant FM Channel
285A at Hico, Texas. Channel 293A can
be allotted at Hico, Texas, in
compliance with the Commission’s
minimum distance separation
requirements with a site restriction of
5.5 km (3.4 miles) south of Hico at the
following reference coordinates: 31–56–
00 North Latitude and 98–02–00 West
Longitude. The Audio Division further
amends the reference coordinates of
vacant FM Channel 285A at Broken
Bow, Oklahoma, to reflect a site restrict
of 12.8 km (7.9 miles) northeast of
Broken Bow at the following reference
coordinates: 34–06–21 North Latitude
and 94–38–09 West Longitude.
DATES: Effective November 24, 2008.
ADDRESSES: Secretary, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Deborah Dupont, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket Nos. 07–182 and
07–194, adopted October 8, 2008, and
released October 10, 2008. The full text
SUMMARY:
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of this Commission decision is available
for inspection and copying during
normal business hours in the FCC
Reference Information Center, Portals II,
445 12th Street, SW., Room CY–A257,
Washington, DC 20554. The complete
text of this decision also may be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street, SW.,
Room CY–B402, Washington, DC,
20554, (800) 378–3160, or via the
company’s Web site, https://
www.bcpiweb.com. The Commission
will send a copy of this Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
■ As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Texas, is amended by
removing Channel 285A and adding
Channel 293A at Hico.
■
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E8–25726 Filed 10–27–08; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 224
[Docket No. 080320453–8705–01]
RIN 0648–XG60
Endangered and Threatened Species;
Final Rule to Remove the Caribbean
Monk Seal From the Federal List of
Endangered and Threatened Wildlife
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\28OCR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 209 (Tuesday, October 28, 2008)]
[Rules and Regulations]
[Pages 63897-63901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25533]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[EPA-R06-RCRA-2008-0753; FRL-8729-6]
New Mexico: Incorporation by Reference of Approved State
Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of New Mexico's hazardous waste
management program and incorporates by reference authorized provisions
of the State's statutes and regulations.
DATES: This regulation is effective December 29, 2008, unless the EPA
receives adverse written comment on this regulation by the close of
business November 28, 2008. If the EPA receives such comments, it will
publish a timely withdrawal of this immediate final rule in the Federal
Register informing the public that this rule will not take effect. The
Director of the Federal Register approves this incorporation by
reference as of December 29, 2008 in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: https://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
[[Page 63898]]
and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2008-0753. EPA's policy is that all comments received will be included
in the public docket without change, including personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov,
or e-mail. The Federal www.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
www.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. (For additional information about the EPA's public
docket, visit the EPA Docket Center homepage at https://www.spa.gov/
epahome/dockets.htm).
You can view and copy the documents that form the basis for this
codification and associated publicly available materials from 8:30 a.m.
to 4 p.m. Monday through Friday at the following location: 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. What Is Codification?
Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
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 State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.
B. What Is the History of the Authorization and Codification of New
Mexico's Hazardous Waste Management Program?
New Mexico initially received Final authorization effective January
25, 1985 (50 FR 1515), to implement its Base Hazardous Waste Management
program. Subsequently, the EPA approved additional program revision
applications effective 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 the EPA in the Federal
Register notice published on January 26, 1996 (61 FR 2450); March 10,
1997 (61 FR 67474); October 9, 2001 (66 FR 42140); and October 16, 2007
(72 FR 46165). The EPA incorporated by reference New Mexico's then
authorized hazardous waste program effective December 13, 1993 (58 FR
52677); August 21, 1995 (60 FR 32113); November 18, 1996 (61 FR 49265);
July 13, 1998 (63 FR 23224); and October 27, 2003 (68 FR 51487). In
this document, the EPA is revising Subpart GG of 40 CFR part 272 to
include the recent authorization revision action effective October 16,
2007 (72 FR 46165).
C. What Codification Decisions Have We Made in This Rule?
The purpose of today's Federal Register document is to codify New
Mexico's base hazardous waste management program and its revisions to
that program. The EPA provided notices and opportunity for comments on
the Agency's decisions to authorize the New Mexico program, and the EPA
is not now reopening the decisions, nor requesting comments, on the New
Mexico authorizations as published in the Federal Register notices
specified in Section B of this document.
This document incorporates by reference New Mexico's hazardous
waste statutes and regulations and clarifies which of these provisions
are included in the authorized and Federally enforceable program. By
codifying New Mexico's authorized program and by amending the Code of
Federal Regulations, the public will be more easily able to discern the
status of Federally approved requirements of the New Mexico hazardous
waste management program.
The EPA is incorporating by reference the New Mexico authorized
hazardous waste program in subpart GG of 40 CFR part 272. Section
272.1601 incorporates by reference New Mexico's authorized hazardous
waste statutes and regulations. Section 272.1601 also references the
statutory provisions (including procedural and enforcement provisions)
which provide the legal basis for the State's implementation of the
hazardous waste management program, the Memorandum of Agreement, the
Attorney General's Statements and the Program Description, which are
approved as part of the hazardous waste management program under
Subtitle C of RCRA.
D. What Is the Effect of New Mexico's Codification on Enforcement?
The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved New Mexico
procedural and enforcement authorities. Section 272.1601(c)(2) of 40
CFR lists the statutory provisions which provide the legal basis for
the State's implementation of the hazardous waste management program,
as well as those procedural and enforcement authorities that are part
of the State's approved program, but these are not incorporated by
reference.
[[Page 63899]]
E. What State Provisions Are Not Part of the Codification?
The public needs to be aware that some provisions of New Mexico'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 that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.1601(c)(3) lists
the New Mexico regulatory provisions which are ``broader in scope''
than the Federal program and which are not part of the authorized
program being incorporated by reference. ``Broader in scope''
provisions cannot be enforced by the EPA; the State, however, may
enforce such provisions under State law.
With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.
F. What Will Be the Effect of Federal HSWA Requirements on the
Codification?
The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by the EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
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. Until then, 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.
Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.
G. 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
rule incorporates by reference New Mexico's authorized hazardous waste
management regulations 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 rule merely incorporates by reference certain
existing State hazardous waste management program requirements which
the EPA already approved under 40 CFR part 271, and with which
regulated entities must already comply, 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)).
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 incorporates by reference
existing authorized State hazardous waste management program
requirements without altering the relationship or the distribution of
power and responsibilities established by RCRA. This action also does
not have Tribal implications within the meaning of Executive Order
13175 (65 FR 67249, November 6, 2000).
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.
The requirements being codified are the result of New Mexico's
voluntary participation in the EPA's State program authorization
process under RCRA Subtitle C. Thus, the requirements of section 12(d)
of the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 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 amended 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 December 29, 2008.
[[Page 63900]]
List of Subjects in 40 CFR Part 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, Water supply.
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: September 17, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
0
For the reasons set forth in the preamble, 40 CFR part 272 is amended
as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
0
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), the EPA
granted New Mexico 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,
October 9, 2001, and October 16, 2007.
(b) The State of New Mexico has primary responsibility for
enforcing its hazardous waste management program. However, EPA retains
the authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
(c) State Statutes and Regulations. (1) The New Mexico statutes and
regulations cited in paragraph (c)(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. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain
copies of the New Mexico regulations that are incorporated by reference
in this paragraph from the New Mexico Commission of Public Records,
State Records Center and Archives, Administrative Law Division, 1205
Camino Carlos Rey, Santa Fe, NM 87507; Phone number (505) 476-7907; Web
site: https://www.nmcpr.state.nm.us/. The statutes are available from
ConwayGreene Company, 1400 East 30th Street, Suite 402,
Cleveland, OH 44114; Phone number (216) 619-8091; Web site: https://
www.conwaygreene.com. You may inspect a copy at EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202 (Phone number (214) 665-8533), or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(i) The binder entitled ``EPA Approved New Mexico Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated October 2007.
(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 Rules Annotated, Rules of Civil Procedure for the
District Courts, Article 4, (1995), Section 1-024.
(ii) New Mexico Statutes 1978 Annotated, Inspection of Public
Records Act, Chapter 14, Article 2, (2003 Replacement Pamphlet),
Sections 14-2-1 et seq.
(iii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act,
Chapter 74, Article 4, (2000 Replacement Pamphlet), Sections 74-4-4.1,
74-4-4.2.C through 74-4-4.2.F, 74-4-4.2.G(1), 74-4-4.2.H, 74-4-4.2.I,
74-4-4.7.B and .C, 74-4-5, 74-4-7, 74-4-10.1 (except 74-4-10.1.C), and
74-4-14.
(iv) New Mexico Statutes 1978 Annotated, Hazardous Waste Act,
Chapter 74, Article 4, (2002 Cumulative Supplement), Sections 74-4-4
(except 74-4-4E), 74-4-4.3 (except 74-4-4.3.A(2) and 74-4-4.3.F), 74-4-
10, 74-4-11 through 74-4-13.
(v) Title 20, Chapter 4, Part 1, New Mexico Administrative Code,
effective October 1, 2003, unless otherwise indicated: 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 (June 14, 2000), 20.4.1.1104 (June 14,
2000), 20.4.1.1105 (June 14, 2000), and 20.4.1.1107.
(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, (2000 Replacement Pamphlet), Sections 74-4-3.3
and 74-4-4.2.J.
(4) Unauthorized State Amendments. The State's adoption of the
Federal rules listed in the following table is not approved by the EPA
and are, therefore, not enforceable:
------------------------------------------------------------------------
Federal Register Publication
Federal requirement reference date
------------------------------------------------------------------------
Biennial Report................ 48 FR 3977............. 01/28/83
Permit Rules; Settlement 48 FR 39611............ 09/01/83
Agreement.
Interim Status Standards; 48 FR 52718............ 11/22/83
Applicability.
Chlorinated Aliphatic 49 FR 5308............. 02/10/84
Hydrocarbon Listing (F024).
National Uniform Manifest...... 49 FR 10490............ 03/20/84
Recycled Used Oil Management 57 FR 41566: Amendments 09/10/92
Standards. to 40 CFR Parts 260,
261 and 266.
58 FR 26420: Amendments 05/03/93
to 40 CFR Parts 261,
264 and 265.
58 FR 33341: Amendments 06/17/93
to 40 CFR Parts 261,
264 and 265.
63 FR 24963: Amendments 05/06/98
to 40 CFR Part 261.
[[Page 63901]]
Mineral Processing Secondary 63 FR 28556; Amendments 05/26/98
Materials. to 40 CFR Part 261.
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(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 25, 2007, 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; January 12, 1996; June 14, 2000,
and August 3, 2006, 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.
0
3. Appendix A to part 272 is amended by revising the listing for ``New
Mexico'' to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
New Mexico
The statutory provisions include:
New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter
74, Article 4 (2000 Replacement Pamphlet). Please note that for a
few provisions the version found in the 2002 Cumulative Supplement
to NMSA 74-4 is the approved version of the statutes.
Chapter 74, Article 4, Sections 74-4-2, 74-4-3 (except 74-4-3.A,
74-4-3.N, 74-4-3.R, and 74-4-3.V) (2002 Cumulative Supplement), 74-
4-3.1, 74-4-4.2.A, 74-4-4.2.B, 74-4-4.2.G introductory paragraph,
74-4-4.2.G(2), 74-4-4.3.F (2002 Cumulative Supplement), 74-4-4.7
(except 74-4-4.7.B and 74-4-4.7.C), 74-4-9, and 74-4-10.1.C, as
published by ConwayGreene Company, 1400 East 30th Street, Suite
402, Cleveland, OH 44114; Phone number (216) 619-8091; Web
site: https://www.conwaygreene.com.
The regulatory provisions include:
Title 20, Chapter 4, Part 1, New Mexico Annotated Code,
effective October 1, 2003, unless otherwise indicated, Sections
20.4.100, 20.4.1.101, 20.4.1.200, 20.4.1.300, 20.4.1.400,
20.4.1.401, 20.4.1.500, 20.4.1.501, 20.4.1.600, 20.4.1.601,
20.4.1.700, 20.4.1.800, 20.4.801, 20.4.1.900, 20.4.1.901.B.1 through
20.4.1.901.B.6, 20.4.1.901.E, 20.4.1.1000, 20.4.1.1001 (June 14,
2000), 20.4.1.1102 (June 14, 2000), and 20.4.1103. Copies of the New
Mexico regulations can be obtained from the New Mexico Commission of
Public Records, State Records Center and Archives, Administrative
Law Division, 1205 Camino Carlos Rey, Santa Fe, NM 87507; Phone
number (505) 476-7907; Web site: https://www.nmcpr.state.nm.us/.
[FR Doc. E8-25533 Filed 10-27-08; 8:45 am]
BILLING CODE 6560-50-P
