20238 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations

A copy of the docket is also available

for review at: Regional Administrator,

Attention: Office of Federal Planning

(A–1–2), Air and Toxics Division,

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Interested persons may make an

appointment with Ms. Virginia Petersen

at (415) 744–1265, to inspect the docket

at EPA’s San Francisco office on

weekdays between 9 a.m. and 4 p.m.

Copies of this document and

associated documents are also available

for inspection at the addresses listed

below:

California Air Resources Board, 2020 L

Street, Sacramento, California

Sacramento Metropolitan Air Quality

Management District, 8411 Jackson

Road, Sacramento, California

Sacramento Area Council of

Governments, 3000 S Street, Suite

300, Sacramento, California

El Dorado County Air Pollution Control

District, 2850 Fair Lane Court, Bldg.

C, Placerville, California

Feather River Air Quality Management

District, 463 Palora Avenue, Yuba

City, California

Placer County Air Pollution Control

District, 11464 B Avenue, Auburn,

California

Yolo-Solano County Air Pollution

Control District, 1947 Galileo Court,

Suite 103, Davis, California

FOR FURTHER INFORMATION CONTACT: Julia

Barrow (415) 744–2434, at the Office of

Federal Planning (A–1–2), Air and

Toxics Division, U.S. EPA, Region IX,

75 Hawthorne Street, San Francisco,

California, 94105–3901.

SUPPLEMENTARY INFORMATION: On

November 6, 1991 (40 CFR 81.305, 56

FR 56694) the Sacramento Metro area

was classified as a ‘‘Serious’’ ozone

nonattainment area under the Clean Air

Act (CAA). A ‘‘Serious’’ ozone

classification requires that the area

attain the ozone standard as

expeditiously as practicable, but not

later than 1999.

On November 15, 1994, California

submitted the Statewide SIP for ozone

attainment. For the Sacramento Metro

ozone nonattainment area, the SIP relied

on an ozone attainment date of 2005. On

December 29, 1994, the State submitted

a revision to the SIP which reaffirmed

the 2005 attainment date request for a

reclassification of the Sacramento Metro

area from a ‘‘Serious’’ to a ‘‘Severe’’

ozone nonattainment area pursuant to

section 181(b)(3) of the CAA.

Section 181(b)(3) of the CAA provides

for ‘‘voluntary reclassification’’ and

states that ‘‘* * * [t]he Administrator

shall grant the request of any State to

reclassify a nonattainment area in that

State * * * to a higher classification’’

and that ‘‘* * * [t]he Adminstrator

shall publish a notice in the Federal

Register of any such request and of

action by the Administrator granting the

request.’’ EPA is granting California’s

request for voluntary reclassification

under section 181(b)(3) of the

Sacramento Metro area to ‘‘Severe’’ in

today’s document.

List of Subjects in 40 CFR Part 81

Environmental Protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Oxides of

nitrogen, Ozone, Volatile organic

compounds.

Dated: February 14, 1995.

Carol M. Browner,

Administrator.

40 CFR part 81 is amended as follows:

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 81.305 is amended in the

table for California—Ozone by revising

the entry for ‘‘Sacramento Metro Area’’

to read as follows:

§ 81.305 California.

* * * * *

CALIFORNIA—OZONE

Designated area

Designation Classification

Date1 Type Date1 Type

* * * * * * *

Sacramento Metro Area .......................................................... May 25, 1995 ......... Non-attainment ............. May 25, 1995 ......... Severe.

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 95–10099 Filed 4–24–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5196–4]

New Mexico: Final Authorization of

State Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of New Mexico has

applied for authorization of revision to

its hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). The Environmental

Protection Agency (EPA) reviewed New

Mexico’s application and determined

that its hazardous waste program

revision satisfies all of the requirements

necessary to qualify for authorization.

Unless adverse written comments are

received during the review and

comment period provided for public

participation in this process, EPA

intends to approve New Mexico’s

hazardous waste program revision

subject to the authority retained by EPA

in accordance with Hazardous and Solid

Waste Amendments of 1984. New

Mexico’s application for the program

revision is available for public review

and comment.

DATES: This authorization for New

Mexico shall be effective July 10, 1995

unless EPA publishes a prior Federal

Register (FR) action withdrawing this

immediate final rule. All comments on

New Mexico’s program revision

application must be received by the

close of business June 10, 1995.

ADDRESSES: Copies of the New Mexico

program revision application and the

materials which EPA used in evaluating

the revision are available from 8:30 a.m.

to 4 p.m., Monday through Friday at the

following addresses for inspection and

copying: New Mexico Environment

Department, 1190 St Francis Drive,

Sante Fe, New Mexico 87502, and U.S.

EPA, Region 6 Library, 12th Floor, First

Interstate Bank Tower at Fountain Place,
Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations 20239

1445 Ross Avenue, Dallas, Texas 75202–

2733, phone (214) 665–6444. Written

comments, referring to Docket Number

NM–95–1, should be sent to Alima

Patterson, Region 6 AR–NM

Authorization Coordinator, Grants and

Authorization Section (6H–HS), RCRA

Programs Branch, U.S. EPA Region 6,

First Interstate Bank Tower at Fountain

Place, 1445 Ross Avenue, Dallas, Texas

75202–2733, (214) 665–8533.

FOR FURTHER INFORMATION CONTACT:

Alima Patterson, Region 6 AR–NM

Authorization Coordinator, Grants and

Authorization Section (6H–HS), RCRA

Programs Branch, U.S. EPA Region 6,

First Interstate Bank Tower at Fountain

Place, 1445 Ross Avenue, Dallas, Texas

75202–2733, (214) 665–8533.

SUPPLEMENTARY INFORMATION:

A. Background

States authorized under section

3006(b) of the Resource Conservation

and Recovery Act (‘‘RCRA or the Act’’),

42 U.S.C. 6926(b), have a continuing

obligation to maintain a hazardous

waste program that is equivalent to,

consistent with, and no less stringent

than the Federal hazardous waste

program. Revisions to State hazardous

waste programs are necessary when

Federal or State statutory or regulatory

authority is modified or when certain

other changes occur. Most commonly,

State program revisions are necessitated

by changes to EPA’s regulations in 40

CFR parts 124, 260–268, and 270.

B. New Mexico

New Mexico received authorization

January 25, 1985, (see 50 FR 1515) to

implement its base hazardous waste

management program. New Mexico

received authorization for revisions to

its program on April 10, 1990 (see 55 FR

4604), July 25, 1990 (see 55 FR 28397),

December 4, 1992 (see 57 FR 45717),

August 23, 1994 (see 59 FR 29734) and

December 21, 1994 (see 59 FR 51122).

The authorized New Mexico RCRA

program was incorporated by reference

to the Code of Federal Regulations

(CFR), effective December 13, 1993 (see

58 FR 52677). On December 23, 1994,

New Mexico submitted a final complete

program revision application for

additional program approvals. Today,

New Mexico is seeking approval of its

program revision in accordance with 40

CFR 271.21(b)(3).

On August 24, 1994, New Mexico

promulgated 20 New Mexico

Administrative Code (NMAC) 4.1 which

adopts the July 1, 1993, version of 40

CFR part 261. Specifically, 20 NMAC

4.1, which became effective 30 days

after filing on September 23, 1994,

incorporates by reference 40 CFR part

261 at 20 NMAC 4.1.201. This is the

version that is referred to in the

Attorney General’s Statement submitted

with this program revision. Also, 20

NMAC 4.1.201 is inclusive of the

identification and listing amendments

to 40 CFR part 261 promulgated June 13,

1991, at 56 FR 27332; August 18, 1992,

at 57 FR 37284; October 15, 1992, at 57

FR 47376; and December 24, 1992, at 57

FR 61492. New Mexico Statutes

Annotated (NMSA) 1978, §§ 74–4–4A(1)

and 74–4–4E (Replacement Pamphlet

1993) provides New Mexico with

authority to adopt federal regulations by

reference including the sections on

identification and listing.

EPA reviewed New Mexico’s

application and made an immediate

final determination that New Mexico’s

hazardous waste program revision

satisfies all of the requirements

necessary to qualify for authorization.

Consequently, EPA intends to grant

authorization for the additional program

modifications to New Mexico. The

public may submit written comments on

EPA’s proposed final decision until June

9, 1995. Copies of New Mexico’s

application for program revision are

available for inspection and copying at

the locations indicated in the

ADDRESSES section of this notice.

Approval of New Mexico’s program

revision shall become effective 75 days

from the date this notice is published,

unless an adverse written comment

pertaining to the State’s revision

discussed in this notice is received by

the end of the comment period. If an

adverse written comment is received,

EPA will publish either: (1) A

withdrawal of the immediate final

decision; or (2) a notice containing a

response to the comment that either

affirms that the immediate final

decision takes effect or reverses the

decision.

Mexico’s program revision

application includes State regulatory

changes that are equivalent to the rules

promulgated in the Federal RCRA

implementing regulations in 40 CFR

parts 124, 260–262, 264, 265, 266, and

270 that were published in the Federal

Register through June 30, 1993. This

proposed approval includes the

provisions that are listed in the chart

below. This chart also lists the State

analogs that are being recognized as

equivalent to the appropriate Federal

requirements.

Federal citation State analog

1. Toxicity Characteristics Revisions; Technical Corrections, (57 FR

30657–30658) July 10, 1992. (Checklist 108).

New Mexico Statutes Annotated (NMSA) 1978, §§ 74–4–4A(1) and

74–4–4E (Replacement Pamphlet 1993); Hazardous Waste Management, New Mexico Environmental Improvement Board, 20 New

Mexico Administrative Code (NMAC) 4.1.201, Subparts II, V, VI, and

VIII, .501, .502, .601, .602 and .801 as amended September 23,

1994, effective September 23, 1994.

2. Land Disposal Restrictions for Newly Listed Wastes and Hazardous

Debris, (57 FR 37194–37282) August 18, 1992. (Checklist 109).

NMSA 1978, §§ 74–4–4A and 74–4–4E (Repl. Pamp. 1993); 20 NMAC

4.1.101 and 4.1.201 Subparts III, V, VI, VIII and IX, .301, .501, .502,

.601, .602, .801 and .901 as amended September 23, 1994, effective September 23, 1994.

3. Coke By-Products Listings, (57 FR 37284–37306) August 18, 1992.

(Checklist 110).

NMSA 1978, §§ 74–4–4A(1) and 74–4–4E (Repl. Pamp. 1993); 20

NMAC 4.1.201 as amended September 23, 1994, effective September 23, 1994.

4. Burning of Hazardous Waste in Boilers and Industrial Furnaces;

Technical Amendment III, (57 FR 38558–38566) August 25, 1992.

(Checklist 111).

NMSA 1978, §§ 74–4–4A and 74–4–4E (Repl. Pamp. 1993); 20 NMAC

4.1.201 as amended September 23, 1994, effective September 23,

1994.

5. Consolidated Liability Requirements, (53 FR 42832) September 16,

1992, (53 FR 33938–33960) September 1, 1988, (56 FR 30200) July

1, 1991 and (57 FR 42832–42844) September 16, 1992. (Checklist

113, 113.1 and 113.2).

NMSA 1978, §§ 74–4–4A(5)(f) and 74–4–4E (Repl. Pamp. 1993); 20

NMAC 4.1.501, Subparts V, and VI, .502, .601 and .602 as amended September 23, 1994, effective September 23, 1994.
20240 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations

Federal citation State analog

6. Burning of Hazardous Waste in Boilers and Industrial Furnaces,

Amendment IV, (57 FR 44999–45001) September 30, 1992. (Checklist 114).

NMSA 1978, §§ 74–4–4A and 74–4–4E (Repl. Pamp. 1993); 20 NMAC

4.1.101, Subparts I, II, V, VI and VII, .102, .201, .501, .502, .601,

.602 and .701 as amended September 23, 1994, effective September 23, 1994.

7. Chlorinated Toluene Production Waste Listing, (57 FR 47376–47386)

October 15, 1992. (Checklist 115).

NMSA 1978, §§ 74–4–4A(1) and 74–4–4E (Repl. Pamp. 1993); 20

NMAC 4.1.201 as amended September 23, 1994, effective September 23, 1994.

8. Hazardous Soil Case-By-Case Capacity Variance, (57 FR 47772–

47776) October 20, 1992. (Checklist 116).

NMSA 1978, §§ 74–4–4A and 74–4–4E (Repl. Pamp. 1993); 20 NMAC

4.1.801 as amended September 23, 1994, effective September 23,

1994.

9. Toxicity Characteristic Amendment, (57 FR 23062–23063) June 1,

1992. (Checklist 117B).

NMSA 1978, §§ 74–4–4A(1) and 74–4–4E (Repl. Pamp. 1993); 20

NMAC 4.1.201 Subparts II, V, VI, and VIII .201, .501, .502, .601,

.602 and .801 as amended September 23, 1994, effective September 23, 1994.

10. Liquids in Landfills II, (57 FR 54452–54461) November 18, 1992.

(Checklist 118).

NMSA 1978, §§ 74–4–4A and 74–4–4E (Repl. Pamp. 1993); 20 NMAC

4.1.101, Subparts I, II, V, and VI, .102, .501, .502, .601, and .602 as

amended September 23, 1994, effective September 23, 1994.

11. Wood Preserving; Amendments to Listings and Technical Requirements, (57 FR 61492–61505) December 24, 1992. (Checklist 120).NMSA 1978, §§ 74–4–4A, 74–4–4A(1) and 74–4–4E (Repl. Pamp.

1993); 20 NMAC 4.1.201 and 4.1.301, Subparts II, III, V, and VI,

.201, .501, .502, .601, and.602 as amended September 23, 1994,

effective September 23, 1994.

12. Land Disposal Restrictions; Renewal of the Hazardous Waste Debris Case-By-Case Capacity Variance, (58 FR 28506–28511) May

14, 1993. (Checklist 123).

NMSA 1978, §§ 74–4–4A and 74–4–4E (Repl. Pamp. 1993); 20 NMAC

4.1.801 as amended September 23, 1994, effective September 23,

1994.

13. Land Disposal Restrictions for Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated, (58 FR

29860–29887) May 24, 1993. (Checklist 124).

NMSA 1978, §§ 74–4–4A and 74–4–4E (Repl. Pamp. 1993); 20 NMAC

4.1.801 as amended September 23, 1994, effective September 23,

1994.

New Mexico is not authorized to

operate the Federal program on Indian

lands. This authority remains with EPA.

C. Decision

I conclude that New Mexico’s

application for a program revision meets

the statutory and regulatory

requirements established by RCRA.

Accordingly, New Mexico is granted

authorization to operate its hazardous

waste program as revised. New Mexico

now has responsibility for permitting

treatment, storage, and disposal

facilities within its borders and for

carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations of the HSWA. New Mexico

also has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under

section 3007 of RCRA and to take

enforcement actions under sections

3008, 3013, and 7003 of RCRA.

D. Codification in Part 272

EPA uses 40 CFR part 272 for

codification of the decision to authorize

New Mexico’s program and for

incorporation by reference of those

provisions of New Mexico’s Statutes

and regulations that EPA will enforce

under section 3008, 3013, and 7003 of

RCRA. Therefore, EPA is reserving

amendment of 40 CFR part 272, subpart

GG until a later date.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 3 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 4 U.S.C.

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of New Mexico’s

program, thereby eliminating

duplicative requirements for handlers of

hazardous waste in the State. This

authorization does not impose any new

burdens on small entities. This rule,

therefore, does not require a regulatory

flexibility analysis.

List of Subjects in 40 CFR Part 271

Administrative practice and

procedure, Confidential business

information, Hazardous materials

transportation, Hazardous waste, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This notice 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: April 17, 1995.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 95–10143 Filed 4–24–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7136

[OR–943–1430–01; GP5–083; OR–49219]

Withdrawal of Public Lands for the

Galice Creek Recreation Area; Oregon

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order withdraws 290.02

acres of Revested Oregon and California

Railroad Grant Lands from surface entry

and mining for a period of 20 years for

the Bureau of Land Management to

protect the Galice Creek Recreation Area

located in Josephine County. The lands

have been and remain open to mineral

leasing.

EFFECTIVE DATE: April 25, 1995.

FOR FURTHER INFORMATION CONTACT:

Linda Sullivan, BLM Oregon/

Washington State Office, P.O. Box 2965,

Portland, Oregon 97208–2965, 503–952–

6171.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and