[Code of Federal Regulations] [Title 40, Volume 24] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR272.1601] [Page 388-390] TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS--Table of Contents Subpart GG--New Mexico Sec. 272.1601 New Mexico State-administered Program: Final authorization. (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), New Mexico has final authorization for the following elements as submitted to EPA in New Mexico's base program application for final authorization which was approved by EPA effective January 25, 1985. Subsequent program revision applications were approved effective on April 10, 1990, July 25, 1990, December 4, 1992, August 23, 1994, December 21, 1994, July 10, 1995, January 2, 1996, March 10, 1997 and June 13, 1998. (b) State Statutes and Regulations. (1) The New Mexico statutes and regulations cited in this paragraph are incorporated by reference as part of the hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (i) The EPA Approved New Mexico Statutory Requirements Applicable to the Hazardous Waste Management Program, dated September 1997. (ii) The EPA Approved New Mexico Regulatory Requirements Applicable to the Hazardous Waste Management Program, dated September 1997. (2) The following statutes and regulations concerning State enforcement, [[Page 389]] although not incorporated by reference, are part of the authorized State program: (i) New Mexico Statutes 1978 Annotated, Inspection of Public Records Act, Chapter 14, Article 2, (1994 Cumulative Supplement), Sections 14-2- 1 et seq. (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 74, Article 4, (1993 Replacement Pamphlet), Sections 74-4-4 (except 74-4-4C), 74-4-4.1, 74-4-4.2C through 74-4-4.2F, 74-4-4.2G(1), 74-4-4.2H, 74-4-4.2I, 74-4-4.3 (except 74-4-4.3A(2) and 74-4-4.3F), 74- 4-4.7B, 74-4-4.7C, 74-4-5, 74-4-7, 74-4-10, 74-4-10.1 (except 74-4- 10.1C), 74-4-11 through 74-4-14. (iii) Title 20, Chapter 4, Part 1, New Mexico Administrative Code (20 NMAC 4.1), effective November 11, 1995, Subpart IX, Section 4.1.901 (except 4.1.901.B.1 through 4.1.901.B.6); and Subpart X, Sections 4.1.1101, 4.1.1105, 4.1.1106, and 4.1.1109. (3)(i) The following statutory provisions are broader in scope than the Federal program, are not part of the authorized program, and are not incorporated by reference: (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 74, Article 4, (1993 Replacement Pamphlet), Sections 74-4-3.3 and 74-4-4.2J. (4) Unauthorized State Provisions (i) The State's adoption of the Federal rules listed below is not approved by EPA and are, therefore, not enforceable: ------------------------------------------------------------------------ Federal Register Publication Federal requirement reference date ------------------------------------------------------------------------ Biennial Repot.................... 48 FR 3977.......... 01/28/83 Permit Rules; Settlement Agreement 48 FR 39611......... 09/01/83 Interim Status Standards; 48 FR 52718......... 11/22/83 Applicability. Chlorinated Aliphatic Hydrocarbon 49 FR 5308.......... 02/10/84 Listing (F024). National Uniform Manifest......... 49 FR 10490......... 03/20/84 Recycled Used Oil Management 57 FR 41566: 09/10/92 Standards. Amendments to 40 CFR Parts 260, 261 and 266. 58 FR 26420: 05/03/93 Amendments to 40 CFR Parts 261, 264 and 265. Revision of Conditional Exemption 59 FR 8362.......... 02/18/94 for Small Scale Treatability Studies. Letter of Credit Revision......... 59 FR 29958......... 06/10/94 ------------------------------------------------------------------------ (ii) Additionally, New Mexico has adopted but is not authorized to implement the HSWA rules that are listed below in lieu of EPA. The EPA will continue to enforce the Federal HSWA standards for which New Mexico is not authorized until the State receives specific authorization from EPA. ------------------------------------------------------------------------ Federal Register Publication Federal requirement reference date ------------------------------------------------------------------------ Toxicity.......................... 55 FR 40834......... 10/05/90 Characteristic.................... 56 FR 3978.......... 02/01/91 Hydrocarbon Recovery Operations... 56 FR 13406......... 04/02/91 Toxicity.......................... 56 FR 5910.......... 02/13/91 Characteristic Chlorofluorocarbon Refrigerants Revisions to the Petroleum 56 FR 21955......... 05/13/91 Refining Primary and Secondary Oil/Water/Solids Separation Sludge Listings (F037 and F038). Boilers and Industrial Furnaces; 58 FR 59598......... 11/09/93 Administrative Stay and Interim Standards for Bevill Residues. ------------------------------------------------------------------------ (5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the State of New Mexico signed by the EPA Regional Administrator on December 11, 1996, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (6) Statement of Legal Authority. ``Attorney General's Statement for Final Authorization,'' signed by the Attorney General of New Mexico on [[Page 390]] January 1985, and revisions, supplements and addenda to that Statement dated April 13, 1988; September 14, 1988; July 19, 1989; July 23, 1992; February 14, 1994; July 18, 1994; July 20, 1994; August 11, 1994; November 28, 1994; August 24, 1995; and January 12, 1996, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (7) Program Description. The Program Description and any other materials submitted as part of the original application or as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. [63 FR 23224, Apr. 28, 1998]