[Code of Federal Regulations] [Title 40, Volume 26] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR282.81] [Page 566-569] TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 282_APPROVED UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents Subpart B_Approved State Programs Sec. 282.81 New Mexico State-Administered Program. (a) The State of New Mexico is approved to administer and enforce an [[Page 567]] underground storage tank program in lieu of the federal program under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the New Mexico Environmental Improvement Board, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the New Mexico program on August 21, 1990 and it was effective on November 16, 1990. (b) New Mexico has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions. (c) To retain program approval, New Mexico must revise its approved program to adopt new changes to the federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If New Mexico obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register. (d) New Mexico has final approval for the following elements submitted to EPA in New Mexico's program application for final approval and approved by EPA on August 21, 1990. Copies may be obtained from the Underground Storage Tank Program, New Mexico Environmental Improvement Board, 1190 St. Francis Drive, Santa Fe, NM 87503. (1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. (A) New Mexico Statutory Requirements Applicable to the Underground Storage Tank Program, 1995. (B) New Mexico Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995. (ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes. (A) The statutory provisions include: (1) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement. (i) Article 4: Hazardous Wastes. 74-4-4.2 Permits; Issuance; Denial; Modification; Suspension; Revocation 74-4-4.3 Entry; Availability of Records 74-4-10 Enforcement; Compliance Orders; Civil Penalties 74-4-11 Penalty; Criminal 74-4-12 Penalty; Civil 74-4-13 Imminent Hazards; Authority of Director; Penalties 74-4-14 Administrative Actions; Judicial Review (ii) Article 6: Water Quality. 74-6-7 Administrative Action; Judicial Review 74-6-10 Penalties Enforcement; Compliance Orders; Penalties; Assurance of Discontinuance 74-6-10.1 Civil Penalties 74-6-10.2 Criminal Penalties 74-6-11 Emergency; Powers of Delegated Constituent Agencies; Penalties (iii) Article 6B: Ground Water Protection. 74-6B-5 Department's Right of Entry and Inspection (B) The regulatory provisions include: (1) State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations. (i) Part X: Administrative Review. Sec. 1000 Informal Review Sec. 1001 Review By the Director on Written Memoranda Sec. 1002 Public Participation (2) New Mexico Rules Governing Appeals From Compliance Orders Under the Hazardous Waste Act and the Solid Waste Act. (i) Part I: General Provisions. Sec. 101 Authority Sec. 102 Scope of Rules; Applicability of Rules of Civil Procedure Sec. 103 Definitions Sec. 104 Use of Number and Gender Sec. 105 Powers and Duties of the Director, Hearing Officer, and Hearing Clerk Sec. 106 Computation and Extension of Time Sec. 107 Ex Parte Discussions Sec. 108 Examination of Documents Filed Sec. 109 Settlement; Consent Agreement [[Page 568]] (ii) Part II: Document Requirements. Sec. 201 Filing, Service, and Form of Documents Sec. 202 Filing and Service of Documents Issued by Hearing Officer Sec. 203 Compliance Order Sec. 204 Request for Hearing; Answer to Compliance Order Sec. 205 Notice of Docketing; Notice of Hearing Officer Assignment Sec. 206 Motions (iii) Part III: Prehearing Procedures and Discovery. Sec. 301 General Rules Regarding Discovery Sec. 302 Identity of Witnesses Sec. 303 Production of Documents Sec. 304 Request for Admissions Sec. 305 Subpoenas Sec. 306 Other Discovery (iv) Part IV: Hearing Procedures. Sec. 401 Scheduling the Hearing Sec. 402 Evidence Sec. 403 Objections and Offers of Proof Sec. 404 Burden of Presentation; Burden of Persuasion (v) Part V: Post-Hearing Procedures. Sec. 501 Filing the Transcript Sec. 502 Proposed Findings, Conclusions and Orders Sec. 503 Recommended Decision Sec. 504 Final Order by Director Sec. 505 Judicial Review (vi) Part VI: Miscellaneous Provisions. Sec. 601 Liberal Construction Sec. 602 Severability Sec. 603 Supersession of Prior Rules Sec. 604 Savings Clause (iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes. (A) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement. (1) 74-4-4.4 Underground Storage Tanks; Registration; Installer Certification; Fees [Insofar as it applies to individuals other than UST owners and operators.] (B) State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations. (1) Part I: General Provisions. Sec. 103 Applicability [Insofar as it does not exclude UST systems with de minimis concentrations of regulated substances; emergency spill or overflow containment UST systems expeditiously emptied after use; UST systems that are part of emergency generator systems at nuclear power generation facilities; airport hydrant fuel distribution systems; and UST systems with field-constructed tanks; and does not defer emergency power generator UST systems.] (2) Part XIV: Certification of Tank Installers [Insofar as it applies to individuals other than UST owners and operators.] Sec. 1400 Purpose Sec. 1401 Legal Authority Sec. 1402 Definitions Sec. 1403 Applicability Sec. 1404 General Requirements Sec. 1405 Contractor Certification Sec. 1406 Individual Certification Sec. 1407 Experience Requirements Sec. 1408 Written Examination Sec. 1409 On-Site Examination Sec. 1410 Approval of Comparable Certification Programs Sec. 1411 Denial of Certificates Sec. 1412 Renewal of Certificates Sec. 1413 Installer Duties and Obligations Sec. 1414 Division Approval of Training and Continuing Education Sec. 1415 Complaints Sec. 1416 Investigations, Enforcement, Penalties Sec. 1417 Division Actions Against Certificates (2) Statement of legal authority. (i) ``Attorney General's Statement for Final Approval'', signed by the Attorney General of New Mexico on June 25, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (ii) Letter from the Attorney General of New Mexico to EPA, June 25, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (3) Demonstration of procedures for adequate enforcement. The ``Demonstration of Procedures for Adequate Enforcement'' submitted as part of the original application on September 25, 1989, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. [[Page 569]] (4) Program description. The program description and any other material submitted as part of the original application on September 25, 1990, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the New Mexico Environmental Improvement Board, signed by the EPA Regional Administrator on September 13, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. [61 FR 1217, Jan. 18, 1996]