New Mexico: Final Authorization of State Hazardous Waste Management Program Revision, 65432-65437 [2010-26962]
Download as PDF
<![CDATA[
65432
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations
WReier-Aviles on DSKJ8SOYB1PROD with RULES
spongiform encephalopathy (BSE) into
the United States. The introductory text
in § 94.27 indicates that beef meeting
the conditions of that section is eligible
for importation into the United States,
notwithstanding any other provisions of
part 94. Interpreted literally, that
wording would supersede the
prohibitions being imposed by this
interim rule with regard to FMD.
However, that is not our intent. When
§ 94.27 was added to the regulations in
2005, the intent behind the
‘‘notwithstanding’’ wording was to
reflect our determination that qualifying
beef from Japan could be safely
imported into the United States with
regard to BSE, even though Japan was
listed in § 94.18 as a country in which
BSE exists. To clarify that intent, we are
revising the introductory text of § 94.27
to indicate that section is applicable
notwithstanding any provisions of
§ 94.18. However, any other applicable
restrictions set forth in part 94 still
apply and the importation of any fresh
beef from Japan is prohibited as long as
Japan is not listed as a country free of
FMD.
Although we are removing Japan from
the list of regions considered free of
rinderpest and FMD, we recognize that
the Ministry of Agriculture, Forestry,
and Fisheries of Japan has responded to
the detection of FMD by imposing
restrictions on the movement of
ruminants, swine, and ruminant and
swine products from FMD-affected
areas; by conducting heightened
surveillance activities; and by initiating
measures to eradicate the disease. As
noted above, no new cases of FMD have
been diagnosed in Japan since July 4,
2010. We intend to reassess this
situation at a future date in accordance
with the standards of the OIE. As part
of that reassessment process, we will
consider all comments received on this
interim rule. The future reassessment
will determine whether we can restore
Japan to the list of regions in which
FMD is not known to exist.
Emergency Action
This rulemaking is necessary on an
emergency basis to prevent the
introduction of FMD into the United
States. Under these circumstances, the
Administrator has determined that prior
notice and opportunity for public
comment are contrary to the public
interest and that there is good cause
under 5 U.S.C. 553 for making this rule
effective less than 30 days after
publication in the Federal Register.
We will consider comments we
receive during the comment period for
this interim rule (see DATES above).
After the comment period closes, we
VerDate Mar<15>2010
14:06 Oct 22, 2010
Jkt 223001
will publish another document in the
Federal Register. The document will
include a discussion of any comments
we receive and any amendments we are
making to the rule.
Executive Order 12866 and Regulatory
Flexibility Act
This interim rule is subject to
Executive Order 12866. However, for
this action, the Office of Management
and Budget has waived its review under
Executive Order 12866.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities. This interim rule is
not expected to have an immediate or
significant economic impact on small
entities producing beef and swine
products in the United States. As cattle
and swine in Japan are culled due to the
FMD outbreak there and supplies of beef
and pork products become tighter in
Japan, there may be an increase in the
demand for U.S. beef and pork products.
With regard to imports, beef imported
from Japan is a unique product that
serves a high-priced specialty market.
Although entities that purchase beef
from Japan will be affected by this rule,
farms in the United States that raise
cattle for this type of beef may benefit
from the prohibition on imports of beef
from Japan. We invite comment on our
full economic analysis, which is posted
with this interim rule on the
Regulations.gov Web site (see
ADDRESSES above for instructions for
accessing Regulations.gov) and may also
be obtained from the person listed
under FOR FURTHER INFORMATION
CONTACT.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State
and local laws and regulations that are
inconsistent with this rule; (2) has
retroactive effect to April 20, 2010; and
(3) does not require administrative
proceedings before parties may file suit
in court challenging this rule.
Paperwork Reduction Act
This interim rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock,
Meat and meat products, Milk, Poultry
and poultry products, Reporting and
recordkeeping requirements.
■ Accordingly, we are amending 9 CFR
part 94 as follows:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, EXOTIC
NEWCASTLE DISEASE, AFRICAN
SWINE FEVER, CLASSICAL SWINE
FEVER, SWINE VESICULAR DISEASE,
AND BOVINE SPONGIFORM
ENCEPHALOPATHY: PROHIBITED
AND RESTRICTED IMPORTATIONS
1. The authority citation for part 94
continues to read as follows:
■
Authority: 7 U.S.C. 450, 7701–7772, 7781–
7786, and 8301–8317; 21 U.S.C. 136 and
136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.4.
94.1
[Amended]
2. Section 94.1 is amended as follows:
a. In paragraph (a)(2), by removing the
word ‘‘Japan,’’.
■ b. In paragraph (a)(3), by adding the
word ‘‘Japan,’’ immediately before the
word ‘‘Namibia’’.
■
■
94.11
[Amended]
3. In § 94.11, paragraph (a) is amended
by removing the word ‘‘Japan,’’.
■
§ 94.27
[Amended]
4. In § 94.27, the introductory text is
amended by removing the words
‘‘Notwithstanding any other provisions
of this part,’’ and adding in their place
the words ‘‘Notwithstanding the
provisions of § 94.18,’’.
■
Done in Washington, DC, this 19th day of
October 2010.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2010–26849 Filed 10–22–10; 8:45 am]
BILLING CODE 3410–34–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2009–0343 FRL–9217–2]
New Mexico: Final Authorization of
State Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
The State of New Mexico has
applied to the EPA for final
authorization of changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The EPA has determined
that these changes satisfy all
requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this immediate
final action. The EPA is publishing this
SUMMARY:
E:\FR\FM\25OCR1.SGM
25OCR1
WReier-Aviles on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations
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 December 27, 2010
unless the EPA receives adverse written
comment by November 24, 2010. 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 online
instructions for submitting comments.
2. E-mail: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733.
4. Hand Delivery or Courier: Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
5. 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
VerDate Mar<15>2010
14:06 Oct 22, 2010
Jkt 223001
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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
65433
borders (except in Indian Country) and
for carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
under the authority of HSWA take effect
in authorized States before they are
authorized for the requirements. Thus,
the EPA will implement those
requirements and prohibitions in New
Mexico including issuing permits, until
the State is granted authorization to do
so.
C. What is the effect of today’s
authorization decision?
The effect of this decision is that a
facility in New Mexico subject to RCRA
will now have to comply with the
authorized State requirements instead of
the equivalent Federal requirements in
order to comply with RCRA. New
Mexico has enforcement responsibilities
under its State hazardous waste program
for violations of such program, but the
EPA retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
• Do inspections, and require
monitoring, tests, analyses, or reports;
• Enforce RCRA requirements and
suspend or revoke permits; and
• Take enforcement actions regardless
of whether New Mexico has taken its
own actions.
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
E:\FR\FM\25OCR1.SGM
25OCR1
65434
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations
WReier-Aviles on DSKJ8SOYB1PROD with RULES
base any further decision on the
authorization of the State program
changes on the proposal mentioned in
the previous paragraph. We will then
address all public comments in a later
final rule. You may not have another
opportunity to comment. If you want to
comment on this authorization, you
must do so at this time. If we receive
comments that oppose only the
authorization of a particular change to
the State hazardous waste program, we
will withdraw only that part of this rule,
but the authorization of the program
changes that the comments do not
oppose will become effective on the
date specified above. The Federal
Register withdrawal document will
specify which part of the authorization
will become effective, and which part is
being withdrawn.
F. For what has New Mexico previously
been authorized?
The State of New Mexico initially
received final authorization on January
25, 1985 (50 FR 1515) to implement its
base hazardous waste management
program. New Mexico received
authorization for revisions to its
program on February 9, 1990 (55 FR
4604) effective April 10, 1990; March
19, 1990 (55 FR 10076); July 11, 1990
(55 FR 28397) effective July 25, 1990;
October 5, 1992 (57 FR 45717) effective
December 4, 1992; June 9, 1994 (59 FR
29734) effective August 23, 1994;
October 7, 1994 (59 FR 51122) effective
December 21, 1994; April 25, 1995 (60
FR 20238) effective July 10, 1995; (61 FR
2450) January 2, 1996; December 23,
1996 (61 FR 67474) effective March 10,
1997 and August 10, 2001 (66 FR 42140)
effective October 9, 2001 and (72 FR
46165) effective October 16, 2007. 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 March
25, 2009, (74 FR 12625); effective May
26, 2009. On May 21, 2009 New Mexico
submitted a final complete program
revision application seeking
authorization of its program revision in
accordance with 40 CFR 271.21.
New Mexico statutes provide
authority for the NMED to administer
the provisions of the State Hazardous
Waste Management Program (HWMP).
The New Mexico Environmental
Improvement Act (EIA), NMSA 1978,
Sections 74–1–1 through 74–1–14 and
the New Mexico Hazardous Waste Act
(HWA) provide this authority. No
amendments have been made to the EIA
or HWA that affect the ability of the
NMED to administer the HWMP. The
VerDate Mar<15>2010
14:06 Oct 22, 2010
Jkt 223001
NMED is the sole agency responsible for
the HWMP.
The NMED petitioned the New
Mexico Environmental Improvement
Board (EIB) to amend the HWMR, 20.4.1
for the EPA Federal rules promulgated
from July 1, 2002, through July 1, 2008.
The EIB adopted the amendments to the
Hazardous Waste Management
Regulations (HWMR) on November 3,
2008, and these amendments became
permanent rules effective March 1,
2009.
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, 2008. This is the version
that is referred to in the Attorney
General’s Statement and Certification
submitted with this program revision.
The 20 NMAC 4.1 became effective on
March 1, 2009. 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.
New Mexico, through the HWMR, has
incorporated by reference the following
federal RCRA regulations as amended
through July 1, 2008: 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, sections 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 271.14.
The State of New Mexico has added
regulations 20.4.1.1001.A(1), A(3), & .D
requirements for aerosol cans as
universal waste. An EPA memo dated
February 13, 1997 (from Mike Shapiro
to Senior RCRA Policy Managers in the
EPA Regions), indicates that States that
are already authorized for the universal
waste rule may add additional wastes
that meet the criteria for universal waste
to their program. Such state-only wastes
may be recognized as part of the State’s
authorized program; therefore, EPA
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Region 6 has determined that the State’s
aerosol can provisions can be
recognized as part of the State’s
authorized program.
20.4.1.1001.C—New Mexico has
adopted an extensive revision to their
universal waste program which would
allow the intentional breaking and
crushing of universal waste lamps in
order to reduce their volume to facilitate
management or transport to destination
facilities. The State’s regulations also
include specific requirements with
which the regulated community must
comply. Further analysis will be
performed to determine if the breaking
and crushing of universal waste lamps
will be authorized as part of the State’s
authorized program. Therefore, the EPA
has determined that these requirements
are not part of the State’s authorized
program. The lamp crushing provisions
are excluded from this authorization.
Performance Track (Non-HSWA)
(Revision Checklist 204; 69 FR 21737,
4/24/04, as amended at 69 FR 62217,
10/24/04). In New Mexico’s Program
Revision Application package for RCRA
Clusters XIII through XVIII, the State
indicates that it is seeking authorization
for the Performance Track program, as
addressed by Revision Checklist 204.
However, on March 16, 2009, EPA
announced its intention to halt and
review the National Performance Track
Program. Therefore, EPA Region 6 has
decided to exclude this rule from this
authorization document. The EPA is
also excluding from this authorization
document, the specific Performance
Track provisions addressed by the
Burden Reduction Initiative Rule (71 FR
16862; 04/04/06; Revision Checklist
213).
G. What changes are we authorizing
with today’s action?
On May 21, 2009, 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
Federal Hazardous Waste revisions
promulgated from July 1, 2002 through
July 1, 2008 (RCRA Clusters XIII–XVIII).
The State of New Mexico requirements
are included in a chart with this
document.
E:\FR\FM\25OCR1.SGM
25OCR1
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations
65435
Federal Register date and page (and/or
RCRA statutory authority
Analogous State authority
1. Zinc Fertilizer Rule. (Checklist 200) ..............
67 FR 48393–48415, July 24, 2002 ................
2. Treatment Variance for Radioactively Contaminated Batteries. (Checklist 201).
67 FR 62618–62624, October 7, 2002 ............
3. Hazardous Air Pollutant Standards for Combustors-Corrections 2. (Checklist 202).
67 FR 77687–77692, December 19, 2002 ......
4. Recycled Used Oil Management Standards;
Clarification. (Checklist 203).
68 FR 44659–44665, July 30, 2003 ................
5. NESHAP: Surface Coating of Automobiles
and Light-Duty Trucks. (Checklist 205).
69 FR 22601–22661, April 26, 2004 ................
6. Nonwastewaters from Dyes and Pigments.
(Checklist 206).
70 FR 9138–9180, February 24, 2005 ............
7. Uniform Hazardous Waste Manifest Rule.
(Checklist 207).
70 FR 10776–10825, March 4, 2005 ...............
8. Methods Innovation Rule and SW–846 Final
Update IIIB. (Checklist 208).
70 FR 34538–34592, June 14, 2005 ...............
9. Universal Waste Rule: Specific Provisions
for Mercury Containing Equipment. (Checklist 209).
70 FR 45508–45522, August 5, 2005 ..............
10. Revisions of Wastewater Treatment Exemptions for Hazardous Waste Mixture
(‘‘Headworks exemptions’’). (Checklist 211).
WReier-Aviles on DSKJ8SOYB1PROD with RULES
Description of Federal requirement (include
checklist number, if relevant)
70 FR 57769–57785, October 4, 2005 ............
11. NESHAP: Final Standards for Hazardous
Waste Combustors (Phase I Final Replacement Standards and Phase II). (Checklist
212).
70 FR 59402–59579, October 12, 2005 ..........
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1. 200,
20.4.1.700, and 20.4.1.800 as amended November 3, 2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.800,
as amended November 3, 2008, effective
March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.900,
as amended November 3, 2008, effective
March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Sections74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.200
and 20.4.1.1002, as amended November 3,
2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.500
and 20.4.1.600, as amended November 3,
2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.200
and 20.4.1.800, as amended November 3,
2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.100,
20.4.1.200,
20.4.1.300,
20.4.1.400,
20.4.1.500, and 20.4.1.600, as amended
November 3, 2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.100,
20.4.1.200,
20.4.1.500,
20.4.1.600,
20.4.1.700, 20.4.1.800, 20.4.1.900 and
20.4.1.1002, as amended November 3,
2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.100,
20.4.1.200, 20.4.1.500, 20.4.1.600.4.1.800,
20.4.1.900, and 20.4.1.1000, as amended
November 3, 2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.200,
as amended November 3, 2008, effective
March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.100,
20.4.1.500, 20.4.1.600, 20.4.1.700, and
20.4.1.900, as amended November 3, 2008,
effective March 1, 2009.
VerDate Mar<15>2010
14:06 Oct 22, 2010
Jkt 223001
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
E:\FR\FM\25OCR1.SGM
25OCR1
65436
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations
Description of Federal requirement (include
checklist number, if relevant)
Federal Register date and page (and/or
RCRA statutory authority
Analogous State authority
12. Burden Reduction Initiative. (Checklist 213)
71 FR 16862–16915, April 4, 2006 ..................
13. Corrections to Errors in the Code of Federal Regulations. (Checklist 214).
71 FR 40254–40280, July 14, 2006 ................
14. Cathode Ray Tubes Rule. (Checklist 215)
71 FR 42928–42949, July 28, 2006 ................
15. Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to
Produce Synthesis. (Checklist 216).
73 FR 57–72, January 2, 2008 ........................
16. NESHAP: Final Standards for Hazardous
Waste Combustors (Phase I Final Replacement Standards and Phase II) Amendments.
(Checklist 217).
73 FR 18970–18984, April 8, 2008 ..................
17. F019 Exemption for Wastewater Treatment
Sludges from Auto Manufacturing Zinc
Phosphating Processes. (Checklist 218).
73 FR 31756–31769, June 4, 2008 .................
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.100,
20.4.1.200, 20.4.1.500, 20.4.1.501 (except
.501.A(2)),
20.4.1.600,
20.4.1.601,
20.4.1.700, 20.4.1.701, 20.4.1.800, and
20.4.1.902, as amended November 3, 2008,
effective March 1, 2009.
Note: As discussed in Section F, the EPA is
excluding from this authorization the Performance Track provisions addressed by
this final rule.
New Mexico Statute Annotated (NMSA) 1978,
Sections 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental Improvement Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.300,
20.4.1.500,
20.4.1.600,
20.4.1.601,
20.4.1.700,
20.4.1.800,
20.4.1.900
20.4.1.1000, and 20.4.1.1002 as amended
November 3, 2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.100,
and 20.4.1.200, as amended November 3,
2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.100,
and 20.4.1.200, as amended November 3,
2008, effective March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.500,
as amended November 3, 2008, effective
March 1, 2009.
New Mexico Statute Annotated (NMSA) 1978,
Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental
Improvement Board, 20 NMAC, 20.4.1.200,
as amended November 3, 2008, effective
March 1, 2009.
H. Where are the revised state rules
different from the Federal rules?
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.
The State of New Mexico more
stringent regulations are at Sections
20.4.1.701 and 20.4.1.902. The State’s
more stringent regulations corresponds
to Federal regulations 40 CFR
266.102(e)(10) and 270.14(a). There are
no broader in scope provisions in this
authorization document.
WReier-Aviles on DSKJ8SOYB1PROD with RULES
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
VerDate Mar<15>2010
14:06 Oct 22, 2010
Jkt 223001
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 GG for this
authorization of New Mexico’s program
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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
E:\FR\FM\25OCR1.SGM
25OCR1
WReier-Aviles on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations
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
VerDate Mar<15>2010
14:06 Oct 22, 2010
Jkt 223001
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 may
take effect, the agency promulgating the
rule a rule must submit a 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 27, 2010.
65437
[FR Doc. 2010–26962 Filed 10–22–10; 8:45 am]
Acquisition Regulation Supplement
(DFARS) to implement section 3504 of
the National Defense Authorization Act
for Fiscal Year 2009. Section 3504
addresses requirements that apply to
riding gang members and DoDexempted individuals who perform
work on U.S.-flag vessels under DoD
contracts for transportation services.
Section 3504 amended section 1018 of
the National Defense Authorization Act
for Fiscal Year 2007.
DATES: Effective date: October 25, 2010.
Comment date: Comments on this
interim rule should be submitted in
writing to the address shown below on
or before December 27, 2010 to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D002,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2007–D002 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Mary
Overstreet, OUSD (AT&L) DPAP/DARS,
3060 Defense Pentagon, Room 3B855,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
To confirm receipt of your
comment(s), please check https://
www.regulations.gov approximately two
to three days after submission to verify
posting (except allow 30 days for
posting of comments submitted by
mail).
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
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: October 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 247, and 252
RIN 0750–AG81
Defense Federal Acquisition
Regulation Supplement; Defense
Cargo Riding Gang Members (DFARS
Case 2007–D002)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
DoD is issuing an interim rule
to amend the Defense Federal
SUMMARY:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Ms.
Mary Overstreet, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301–
3060. Telephone 703–602–0311;
facsimile 703–602–0350. Please cite
DFARS Case 2007–D002.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule implements section
3504 of the National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417). Section 3504
amended section 1018 of the National
Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109–364).
Section 3504 addresses requirements
that apply to riding gang members and
DoD-exempted individuals who perform
work on U.S.-flag vessels under DoD
contracts for transportation services
E:\FR\FM\25OCR1.SGM
25OCR1
]]>Agencies
[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Rules and Regulations]
[Pages 65432-65437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26962]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2009-0343 FRL-9217-2]
New Mexico: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The State of New Mexico has applied to the EPA for final
authorization of changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). The EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this
[[Page 65433]]
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 December 27,
2010 unless the EPA receives adverse written comment by November 24,
2010. If the EPA receives such comment, it will publish a timely
withdrawal of this immediate final rule in the Federal Register and
inform the public that this authorization will not take effect.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
Follow the online instructions for submitting comments.
2. E-mail: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
5. 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 regardless of whether New Mexico
has taken its own actions.
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
[[Page 65434]]
base any further decision on the authorization of the State program
changes on the proposal mentioned in the previous paragraph. We will
then address all public comments in a later final rule. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time. If we receive comments that
oppose only the authorization of a particular change to the State
hazardous waste program, we will withdraw only that part of this rule,
but the authorization of the program changes that the comments do not
oppose will become effective on the date specified above. The Federal
Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. For what has New Mexico previously been authorized?
The State of New Mexico initially received final authorization on
January 25, 1985 (50 FR 1515) to implement its base hazardous waste
management program. New Mexico received authorization for revisions to
its program on February 9, 1990 (55 FR 4604) effective April 10, 1990;
March 19, 1990 (55 FR 10076); July 11, 1990 (55 FR 28397) effective
July 25, 1990; October 5, 1992 (57 FR 45717) effective December 4,
1992; June 9, 1994 (59 FR 29734) effective August 23, 1994; October 7,
1994 (59 FR 51122) effective December 21, 1994; April 25, 1995 (60 FR
20238) effective July 10, 1995; (61 FR 2450) January 2, 1996; December
23, 1996 (61 FR 67474) effective March 10, 1997 and August 10, 2001 (66
FR 42140) effective October 9, 2001 and (72 FR 46165) effective October
16, 2007. 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 March 25, 2009, (74 FR 12625); effective May 26,
2009. On May 21, 2009 New Mexico submitted a final complete program
revision application seeking authorization of its program revision in
accordance with 40 CFR 271.21.
New Mexico statutes provide authority for the NMED to administer
the provisions of the State Hazardous Waste Management Program (HWMP).
The New Mexico Environmental Improvement Act (EIA), NMSA 1978, Sections
74-1-1 through 74-1-14 and the New Mexico Hazardous Waste Act (HWA)
provide this authority. No amendments have been made to the EIA or HWA
that affect the ability of the NMED to administer the HWMP. The NMED is
the sole agency responsible for the HWMP.
The NMED petitioned the New Mexico Environmental Improvement Board
(EIB) to amend the HWMR, 20.4.1 for the EPA Federal rules promulgated
from July 1, 2002, through July 1, 2008. The EIB adopted the amendments
to the Hazardous Waste Management Regulations (HWMR) on November 3,
2008, and these amendments became permanent rules effective March 1,
2009.
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, 2008. This is the version that is referred to in
the Attorney General's Statement and Certification submitted with this
program revision. The 20 NMAC 4.1 became effective on March 1, 2009.
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.
New Mexico, through the HWMR, has incorporated by reference the
following federal RCRA regulations as amended through July 1, 2008: 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, sections 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
271.14.
The State of New Mexico has added regulations 20.4.1.1001.A(1),
A(3), & .D requirements for aerosol cans as universal waste. An EPA
memo dated February 13, 1997 (from Mike Shapiro to Senior RCRA Policy
Managers in the EPA Regions), indicates that States that are already
authorized for the universal waste rule may add additional wastes that
meet the criteria for universal waste to their program. Such state-only
wastes may be recognized as part of the State's authorized program;
therefore, EPA Region 6 has determined that the State's aerosol can
provisions can be recognized as part of the State's authorized program.
20.4.1.1001.C--New Mexico has adopted an extensive revision to
their universal waste program which would allow the intentional
breaking and crushing of universal waste lamps in order to reduce their
volume to facilitate management or transport to destination facilities.
The State's regulations also include specific requirements with which
the regulated community must comply. Further analysis will be performed
to determine if the breaking and crushing of universal waste lamps will
be authorized as part of the State's authorized program. Therefore, the
EPA has determined that these requirements are not part of the State's
authorized program. The lamp crushing provisions are excluded from this
authorization.
Performance Track (Non-HSWA) (Revision Checklist 204; 69 FR 21737,
4[sol]24[sol]04, as amended at 69 FR 62217, 10[sol]24[sol]04). In New
Mexico's Program Revision Application package for RCRA Clusters XIII
through XVIII, the State indicates that it is seeking authorization for
the Performance Track program, as addressed by Revision Checklist 204.
However, on March 16, 2009, EPA announced its intention to halt and
review the National Performance Track Program. Therefore, EPA Region 6
has decided to exclude this rule from this authorization document. The
EPA is also excluding from this authorization document, the specific
Performance Track provisions addressed by the Burden Reduction
Initiative Rule (71 FR 16862; 04[sol]04[sol]06; Revision Checklist
213).
G. What changes are we authorizing with today's action?
On May 21, 2009, 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 Federal Hazardous Waste revisions
promulgated from July 1, 2002 through July 1, 2008 (RCRA Clusters XIII-
XVIII). The State of New Mexico requirements are included in a chart
with this document.
[[Page 65435]]
------------------------------------------------------------------------
Federal Register
Description of Federal date and page (and/ Analogous State
requirement (include checklist or RCRA statutory authority
number, if relevant) authority
------------------------------------------------------------------------
1. Zinc Fertilizer Rule. 67 FR 48393-48415, New Mexico Statute
(Checklist 200). July 24, 2002. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1. 200,
20.4.1.700, and
20.4.1.800 as
amended November
3, 2008,
effective March
1, 2009.
2. Treatment Variance for 67 FR 62618-62624, New Mexico Statute
Radioactively Contaminated October 7, 2002. Annotated (NMSA)
Batteries. (Checklist 201). 1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.800, as
amended November
3, 2008,
effective March
1, 2009.
3. Hazardous Air Pollutant 67 FR 77687-77692, New Mexico Statute
Standards for Combustors- December 19, 2002. Annotated (NMSA)
Corrections 2. (Checklist 202). 1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.900, as
amended November
3, 2008,
effective March
1, 2009.
4. Recycled Used Oil Management 68 FR 44659-44665, New Mexico Statute
Standards; Clarification. July 30, 2003. Annotated (NMSA)
(Checklist 203). 1978, Sections74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.200 and
20.4.1.1002, as
amended November
3, 2008,
effective March
1, 2009.
5. NESHAP: Surface Coating of 69 FR 22601-22661, New Mexico Statute
Automobiles and Light-Duty April 26, 2004. Annotated (NMSA)
Trucks. (Checklist 205). 1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.500 and
20.4.1.600, as
amended November
3, 2008,
effective March
1, 2009.
6. Nonwastewaters from Dyes and 70 FR 9138-9180, New Mexico Statute
Pigments. (Checklist 206). February 24, 2005. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.200 and
20.4.1.800, as
amended November
3, 2008,
effective March
1, 2009.
7. Uniform Hazardous Waste 70 FR 10776-10825, New Mexico Statute
Manifest Rule. (Checklist 207). March 4, 2005. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.300,
20.4.1.400,
20.4.1.500, and
20.4.1.600, as
amended November
3, 2008,
effective March
1, 2009.
8. Methods Innovation Rule and 70 FR 34538-34592, New Mexico Statute
SW-846 Final Update IIIB. June 14, 2005. Annotated (NMSA)
(Checklist 208). 1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.500,
20.4.1.600,
20.4.1.700,
20.4.1.800,
20.4.1.900 and
20.4.1.1002, as
amended November
3, 2008,
effective March
1, 2009.
9. Universal Waste Rule: 70 FR 45508-45522, New Mexico Statute
Specific Provisions for Mercury August 5, 2005. Annotated (NMSA)
Containing Equipment. 1978, Section 74-
(Checklist 209). 4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.500,
20.4.1.600.4.1.80
0, 20.4.1.900,
and 20.4.1.1000,
as amended
November 3, 2008,
effective March
1, 2009.
10. Revisions of Wastewater 70 FR 57769-57785, New Mexico Statute
Treatment Exemptions for October 4, 2005. Annotated (NMSA)
Hazardous Waste Mixture 1978, Section 74-
(``Headworks exemptions''). 4-1. Hazardous
(Checklist 211). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.200, as
amended November
3, 2008,
effective March
1, 2009.
11. NESHAP: Final Standards for 70 FR 59402-59579, New Mexico Statute
Hazardous Waste Combustors October 12, 2005. Annotated (NMSA)
(Phase I Final Replacement 1978, Section 74-
Standards and Phase II). 4-1. Hazardous
(Checklist 212). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.500,
20.4.1.600,
20.4.1.700, and
20.4.1.900, as
amended November
3, 2008,
effective March
1, 2009.
[[Page 65436]]
12. Burden Reduction Initiative. 71 FR 16862-16915, New Mexico Statute
(Checklist 213). April 4, 2006. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.500,
20.4.1.501
(except
.501.A(2)),
20.4.1.600,
20.4.1.601,
20.4.1.700,
20.4.1.701,
20.4.1.800, and
20.4.1.902, as
amended November
3, 2008,
effective March
1, 2009.
Note: As discussed
in Section F, the
EPA is excluding
from this
authorization the
Performance Track
provisions
addressed by this
final rule.
13. Corrections to Errors in the 71 FR 40254-40280, New Mexico Statute
Code of Federal Regulations. July 14, 2006. Annotated (NMSA)
(Checklist 214). 1978, Sections 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.300,
20.4.1.500,
20.4.1.600,
20.4.1.601,
20.4.1.700,
20.4.1.800,
20.4.1.900
20.4.1.1000, and
20.4.1.1002 as
amended November
3, 2008,
effective March
1, 2009.
14. Cathode Ray Tubes Rule. 71 FR 42928-42949, New Mexico Statute
(Checklist 215). July 28, 2006. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100, and
20.4.1.200, as
amended November
3, 2008,
effective March
1, 2009.
15. Exclusion of Oil-Bearing 73 FR 57-72, New Mexico Statute
Secondary Materials Processed January 2, 2008. Annotated (NMSA)
in a Gasification System to 1978, Section 74-
Produce Synthesis. (Checklist 4-1. Hazardous
216). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100, and
20.4.1.200, as
amended November
3, 2008,
effective March
1, 2009.
16. NESHAP: Final Standards for 73 FR 18970-18984, New Mexico Statute
Hazardous Waste Combustors April 8, 2008. Annotated (NMSA)
(Phase I Final Replacement 1978, Section 74-
Standards and Phase II) 4-1. Hazardous
Amendments. (Checklist 217). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.500, as
amended November
3, 2008,
effective March
1, 2009.
17. F019 Exemption for 73 FR 31756-31769, New Mexico Statute
Wastewater Treatment Sludges June 4, 2008. Annotated (NMSA)
from Auto Manufacturing Zinc 1978, Section 74-
Phosphating Processes. 4-1. Hazardous
(Checklist 218). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.200, as
amended November
3, 2008,
effective March
1, 2009.
------------------------------------------------------------------------
H. Where are the revised state rules different from the Federal rules?
The State of New Mexico more stringent regulations are at Sections
20.4.1.701 and 20.4.1.902. The State's more stringent regulations
corresponds to Federal regulations 40 CFR 266.102(e)(10) and 270.14(a).
There are no broader in scope provisions in this authorization
document.
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 GG 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
[[Page 65437]]
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 may take effect, the agency promulgating
the rule a rule must submit a 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 27, 2010.
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: October 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2010-26962 Filed 10-22-10; 8:45 am]
BILLING CODE 6560-50-P
