New Mexico: Final Authorization of State Hazardous Waste Management Program Revision, 12625-12628 [E9-6677]
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Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993). Because this final rule
has been exempted from review under
Executive Order 12866, this final rule is
not subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special
considerations under Executive Order
12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
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12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
ENVIRONMENTAL PROTECTION
AGENCY
XII. Congressional Review Act
[EPA–R06–RCRA–2008–0756–; FRL–8784–
9]
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule 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 of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: March 4, 2009.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
■
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.1288 is added to read
as follows:
■
§ 180.1288 Tristyrylphenol ethoxylates;
exemption from the requirement of a
tolerance.
An exemption from the requirement
of a tolerance is established for residues
of poly(oxy-1,2-ethanediyl), a-[2,4,6tris(1-phenylethyl)phenyl]-w-hydroxy-,
(CAS Reg. No. 70559–25–0) and
poly(oxy-1,2-ethanediyl), a-[tris(1phenylethyl)phenyl]-w-hydroxy-, (CAS
Reg. No. 99734–09–5) on citrus crops,
group 10, when used as inert
ingredients under the following
conditions:
(a) They are applied post-harvest;
(b) They are used as inert ingredients
in pesticide formulations with
azoxystrobin and fludioxonil; and
(c) They constitute no more than
10.0% of the formulated pesticide
product.
[FR Doc. E9–6259 Filed 3–24–09; 8:45 am]
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40 CFR Part 271
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 to administer the
provisions of the Used Oil program
under the Resource Conservation and
Recovery Act (RCRA). The EPA has
determined that the statutes and
regulations of the State of New Mexico
Used Oil program 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 May 26, 2009
unless the EPA receives adverse written
comment by April 24, 2009. 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:
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,
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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 email 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 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,
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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 after notice
to and consultation with the State.
This action does not impose
additional requirements on the
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regulated community because the
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,
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12627
for 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,
coverage, and processes have not
materially changed. The Used Oil
program has been adopted within the
Hazardous Waste Management Program,
New Mexico does now have the
statutory authority for criminal
penalties as required by EPA for
program authorization. Therefore, we
are authorizing the State of New Mexico
for the Used Oil regulations in this
Federal Register document.
New Mexico, through the HWMR, has
incorporated by reference the following
federal RCRA regulations as amended
through July 1, 2002: 40 CFR parts 260–
270, 40 CFR Part 270; 40 CFR Part 273;
and 40 CFR Part 279 with the exception
of 40 CFR 260.1(b)(6), 260.20, 260.22,
260.30, 260.31, 260.32, 260.33,
263.20(e), 264.1(f), 264.149, 264.150,
264.301(l), 264.1030(d), 264.1050(g),
264.1080(e), 264.1080(f), 264.1080(g),
265.1(c)(4), 265.149, 265.150,
265.1030(c), 265.1050(f), 265.1080(e),
265.1080(f), 265.1080(g); 268.5, 268.6,
268.42(b), 268.44(a) through (g). New
Mexico has incorporated by reference 40
CFR Part 124, §§ 124.31, 124.32, and
124.33 with exception to 40 CFR parts
124.1 and 124.2. Also, it has adopted
regulations at 20.4.1.901 NMAC,
Permitting Procedures, that are
equivalent to and no less stringent than
the procedures of 40 CFR part 124 and
required by 40 CFR Part 271.14.
Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
1. Recycled Used Oil Management Standards.
(Checklist 112).
57 FR 41566–41626 September 10, 1992 ......
2. Recycled Used Oil Management Standards;
Technical Amendments and Corrections 1.
(Checklist 122).
58 FR 26420–26426 May 3, 1993 ...................
3. Recycled Used Oil Management Standards;
Technical Amendments and Corrections II.
(Checklist 130).
59 FR 10550–10560 March 4, 1994 ................
4. Recycled Used Oil Management Standards;
Technical Correction and Clarification.
(Checklist 166 & 166.1).
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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);
effective October 27, 2003 and (72 FR
46165) effective October 16, 2007. On
August 22, 2008, New Mexico applied
for approval of its program revisions for
the Used Oil provisions which includes
Rule Checklists 104, 107, 112, 122,
122.1, 130, 166, and 166.1 listed in this
document in accordance with 40 CFR
271.21.
The NMED petitioned the New
Mexico Environmental Improvement
Board (EIB) on March 10, 2003 for a
hearing to amend the HWMR, 20.4.1 for
the EPA Federal rules promulgated
through July 1, 2002, including the Used
Oil program. The EIB adopted the
amendments to Hazardous Waste
Management Regulations (HWMR) on
August 5, 2003 as permanent rules
which included the Used Oil program.
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
63 FR 24963–24969 May 6, 1998; as amended July 14, 1998, at 63 FR 37780–37782.
New Mexico Statute Annotated (NMSA) 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, 20.4.1.200,
20.4.1.700 and 20.4.1.1002, as adopted August 5, 2003, effective October 1, 2003.
New Mexico Statute Annotated (NMSA) 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, 20.4.1.500,
20.4.1.600, and 20.4.1.1002 as adopted August 5, 2003, effective October 1, 2003.
New Mexico Statute Annotated (NMSA) 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. 1002, as adopted
August 5, 2003, effective October 1, 2003.
New Mexico Statute Annotated (NMSA) 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
and
20.4.1.1002, adopted August 5, 2003, effective October 1, 2003.
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G. What Changes Are We Authorizing
With Today’s Action?
On August 22, 2008, 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
Checklists 112, 122, 122.1, 130, 166, and
166.1 are documented in this Federal
Register document.
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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 the
Used Oil provisions, there are no
provisions that are more stringent or
broader in scope.
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.
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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
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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.
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
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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 a rule must
submit 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 May 26, 2009.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian 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: March 5, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9–6677 Filed 3–24–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–8067]
Suspension of Community Eligibility
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
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]]>Agencies
[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Rules and Regulations]
[Pages 12625-12628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6677]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2008-0756-; FRL-8784-9]
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 to administer the provisions of the Used Oil program
under the Resource Conservation and Recovery Act (RCRA). The EPA has
determined that the statutes and regulations of the State of New Mexico
Used Oil program 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 May 26, 2009
unless the EPA receives adverse written comment by April 24, 2009. 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: 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,
[[Page 12626]]
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 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 after notice to and consultation with the
State.
This action does not impose additional requirements on the
regulated community because the 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,
[[Page 12627]]
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); effective October 27, 2003 and
(72 FR 46165) effective October 16, 2007. On August 22, 2008, New
Mexico applied for approval of its program revisions for the Used Oil
provisions which includes Rule Checklists 104, 107, 112, 122, 122.1,
130, 166, and 166.1 listed in this document in accordance with 40 CFR
271.21.
The NMED petitioned the New Mexico Environmental Improvement Board
(EIB) on March 10, 2003 for a hearing to amend the HWMR, 20.4.1 for the
EPA Federal rules promulgated through July 1, 2002, including the Used
Oil program. The EIB adopted the amendments to Hazardous Waste
Management Regulations (HWMR) on August 5, 2003 as permanent rules
which included the Used Oil program.
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 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, coverage, and processes have not materially
changed. The Used Oil program has been adopted within the Hazardous
Waste Management Program, New Mexico does now have the statutory
authority for criminal penalties as required by EPA for program
authorization. Therefore, we are authorizing the State of New Mexico
for the Used Oil regulations in this Federal Register document.
New Mexico, through the HWMR, has incorporated by reference the
following federal RCRA regulations as amended through July 1, 2002: 40
CFR parts 260-270, 40 CFR Part 270; 40 CFR Part 273; and 40 CFR Part
279 with the exception of 40 CFR 260.1(b)(6), 260.20, 260.22, 260.30,
260.31, 260.32, 260.33, 263.20(e), 264.1(f), 264.149, 264.150,
264.301(l), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f),
264.1080(g), 265.1(c)(4), 265.149, 265.150, 265.1030(c), 265.1050(f),
265.1080(e), 265.1080(f), 265.1080(g); 268.5, 268.6, 268.42(b),
268.44(a) through (g). New Mexico has incorporated by reference 40 CFR
Part 124, Sec. Sec. 124.31, 124.32, and 124.33 with exception to 40
CFR parts 124.1 and 124.2. Also, it has adopted regulations at
20.4.1.901 NMAC, Permitting Procedures, that are equivalent to and no
less stringent than the procedures of 40 CFR part 124 and required by
40 CFR Part 271.14.
G. What Changes Are We Authorizing With Today's Action?
On August 22, 2008, 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 Checklists 112, 122, 122.1, 130,
166, and 166.1 are documented in this Federal Register document.
------------------------------------------------------------------------
Federal Register
Description of federal date and page
requirement (include checklist (and/or RCRA Analogous state
, if relevant) statutory authority
authority)
------------------------------------------------------------------------
1. Recycled Used Oil Management 57 FR 41566-41626 New Mexico Statute
Standards. (Checklist 112). September 10, Annotated (NMSA)
1992. 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,
20.4.1.200,
20.4.1.700 and
20.4.1.1002, as
adopted August 5,
2003, effective
October 1, 2003.
2. Recycled Used Oil Management 58 FR 26420-26426 New Mexico Statute
Standards; Technical Amendments May 3, 1993. Annotated (NMSA)
and Corrections 1. (Checklist 1978, Sections 74-
122). 4-4A(1) and 74-4-
4F (2002).
Hazardous Waste
Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1. 200,
20.4.1.500,
20.4.1.600, and
20.4.1.1002 as
adopted August 5,
2003, effective
October 1, 2003.
3. Recycled Used Oil Management 59 FR 10550-10560 New Mexico Statute
Standards; Technical Amendments March 4, 1994. Annotated (NMSA)
and Corrections II. (Checklist 1978, Sections 74-
130). 4-4A(1) and 74-4-
4F (2002).
Hazardous Waste
Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1. 1002, as
adopted August 5,
2003, effective
October 1, 2003.
4. Recycled Used Oil Management 63 FR 24963-24969 New Mexico Statute
Standards; Technical Correction May 6, 1998; as Annotated (NMSA)
and Clarification. (Checklist amended July 14, 1978, Sections 74-
166 & 166.1). 1998, at 63 FR 4-4A(1) and 74-4-
37780-37782. 4F (2002).
Hazardous Waste
Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.200 and
20.4.1.1002,
adopted August 5,
2003, effective
October 1, 2003.
------------------------------------------------------------------------
[[Page 12628]]
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 the Used Oil provisions, there are no provisions that are
more stringent or broader in scope.
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. 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 a rule must submit 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 May 26, 2009.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian 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: March 5, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9-6677 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-P
