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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[ EPA – R06-RCRA-2009-0343 FRL; ]

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 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 [insert date 60 days after the date 

of publication] unless the EPA receives adverse written comment by [insert date 30 days after 

the date of publication]. If the EPA receives such comment, it will publish a timely
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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://www.regulations.gov. Follow the on-line instructions 

for submitting comments.

 2. E-mail: patterson.alima@epa.gov.

 3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, State /Tribal 

Oversight Section (6PD-O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 

Ross Avenue, Dallas Texas 75202-2733.

 4. Hand Delivery or Courier: Deliver your comments to Alima Patterson, Region 6, Regional 

Authorization Coordinator, State /Tribal Oversight Section (6PD-O), Multimedia Planning and 

Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas Texas 75202-2733.

4. 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 
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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 Email 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 
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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.
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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.
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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, 1997 and August 10, 2001 (66 FR 42140) effective 
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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 
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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 Part 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. 

 
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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).
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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.

Description of federal 

requirement (include 

checklist #, if relevant)

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.

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.
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Description of federal 

requirement (include 

checklist #, if relevant)

Federal Register date and 

page (and/or RCRA 

statutory authority

Analogous state authority

2. Treatment Variance for 

Radioactively Contaminated 

Batteries. (Checklist 201).

67 FR 62618-62624 October 7, 

2002.

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. 

3. Hazardous Air Pollutant 

Standards for CombustorsCorrections 2. (Checklist 

202).

67 Fr 77687-77692 December 

19, 2002.

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.

4. Recycled Used Oil 

Management Standards; 

Clarification. (Checklist 

203).

68 FR 44659-44665 July 30, 

2003.

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.
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Description of federal 

requirement (include 

checklist #, if relevant)

Federal Register date and 

page (and/or RCRA 

statutory authority

Analogous state authority

5. NESHAP: Surface 

Coating of Automobiles and 

Light-Duty Trucks. 

(Checklist 205).

69 FR 22601-22661 April 26, 

2004.

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.

6. Nonwastewaters from 

Dyes and Pigments. 

(Checklist 206).

70 FR 9138-9180 February 24, 

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 and 

20.4.1.800, as amended 

November 3, 2008, effective 

March 1, 2009.

7. Uniform Hazardous 

Waste Manifest Rule. 

(Checklist 207).

70 FR 10776-10825 March 4, 

2005.

New Mexico Statute 

Annotated (NMSA) 1978, 

Section 74-4-1. Hazardous 

Waste Regulations (HWMR), 

New Mexico Environmental 

Improvement Board, 20 

NMAC, 20.4.1.100, 

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.
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Description of federal 

requirement (include 

checklist #, if relevant)

Federal Register date and 

page (and/or RCRA 

statutory authority

Analogous state authority

8. Methods Innovation Rule 

and SW-846 Final Update 

IIIB. (Checklist 208).

70 FR 34538-34592 June 14, 

2005.

New Mexico Statute 

Annotated (NMSA) 1978, 

Section 74-4-1. Hazardous 

Waste Regulations (HWMR), 

New Mexico Environmental 

Improvement Board, 20 

NMAC, 20.4.1.100, 

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: 

Specific Provisions for 

Mercury Containing 

Equipment. (Checklist 209).

70 FR 45508-45522 August 5, 

2005.

New Mexico Statute 

Annotated (NMSA) 1978, 

Section 74-4-1. Hazardous 

Waste Regulations (HWMR), 

New Mexico Environmental 

Improvement Board, 20 

NMAC, 20.4.1.100, 

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.

10. Revisions of Wastewater 

Treatment Exemptions for 

Hazardous Waste Mixture 

(“Headworks exemptions”).

(Checklist 211)

70 FR 57769-57785 October 4, 

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, as 

amended November 3, 2008, 

effective March 1, 2009.
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Description of federal 

requirement (include 

checklist #, if relevant)

Federal Register date and 

page (and/or RCRA 

statutory authority

Analogous state authority

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, 20.4.1.100, 

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.

12. Burden Reduction 

Initiative. (Checklist 213).

71 FR 16862-16915 April 4, 

2006.

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.
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Description of federal 

requirement (include 

checklist #, if relevant)

Federal Register date and 

page (and/or RCRA 

statutory authority

Analogous state authority

13. Corrections to Errors in 

the Code of Federal 

Regulations. (Checklist 

214).

71 FR 40254-40280 July 14, 

2006.

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.

14. Cathode Ray Tubes Rule. 

(Checklist 215).

71 FR 42928-42949 July 28, 

2006.

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.

15. Exclusion of OilBearing Secondary Materials 

Processed in a Gasification 

System to Produce Synthesis. 

(Checklist 216).

73 FR 57-72 January 2, 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, and 

20.4.1.200, as amended 

November 3, 2008, effective 

March 1, 2009.
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Description of federal 

requirement (include 

checklist #, if relevant)

Federal Register date and 

page (and/or RCRA 

statutory authority

Analogous state authority

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.

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.

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, 20.4.1.200, 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.
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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 parts 272. We reserve the amendment of 40 CFR parts 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. 
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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
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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 
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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 [insert date 60 days after publication in the Federal -Register]. 

List of Subjects in 40 CFR Parts 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

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 Region 6

BILLING CODE 6560-5-P