PROGRAM DESCRIPTION

NEW MEXICO ENVIRONMENT DEPARTMENT

HAZARDOUS WASTE MANAGEMENT PROGRAM

THROUGH RCRA CLUSTER XVIII

MARCH 2009

I. INTRODUCTION

The New Mexico Environment Department (NMED) is responsible for
administering all hazardous

waste regulations for the State of New Mexico. This document provides a
description of the

hazardous waste regulatory program administered by NMED. It replaces the
February 2008

Program Descriptions (PD) submitted as a part of the State’s
application for used oil authorization.

This Program Description (PD) reflects the New Mexico Hazardous Waste
Management Program

(HWMP) as authorized, and also summarizes the implementation of the
program. This PD is

prepared in accordance with the requirements of 40 CFR §271.6.

The PD is organized as follows: Section II describes the scope,
structure, coverage, and process of

the HWMP and includes a discussion of the differences between the
Federal and State laws and

regulations. Section III provides a description of NMED’s
responsibilities for administering the

program and organizational structure of the program. Section IV provides
an overview of staff and

financial resources required to carry out the activities of the
authorized program and the impact on

the existing program. Section V describes the HWMP procedures that are
used to implement the

program. Section VI provides for the State’s compliance tracking and
enforcement processes and

resources. Section VII indicates the estimated regulated activities
within the State. The Appendix

includes forms and other explanatory information to assist in explaining
the HWMP for New

Mexico.

II. SCOPE, STRUCTURE, COVERAGE, AND PROCESSES

II.A. Scope and Coverage of Program Revision

The HWMP within New Mexico is based upon the New Mexico Hazardous Waste
Act (HWA),

NMSA 1978, Section §§ 74-4-1 through 74-4-14, as amended (Attachment
A). The HWA grants

the New Mexico Environment Department (NMED) authority to regulate
hazardous waste in New

Mexico by authorizing the Environmental Improvement Board (EIB) to adopt
regulations for the

management of hazardous waste that are equivalent to and no more
stringent than the federal RCRA

regulations adopted by the federal EPA pursuant to federal RCRA of 1976,
as amended.

The State program now has in place statutory authority and regulations
for all required program

components through RCRA Cluster XVIII. These statutory and regulatory
provisions were

developed to provide authority corresponding to the Federal program;
therefore, the State program is

equivalent to, consistent with, and no less stringent than the Federal
program.

The State received final authorization for the base RCRA Program from
the United States

Environmental Protection Agency (EPA) on January 11, 1985 (50 FR 1515)
effective January 25,

1985. New Mexico has also received authorization for revisions to its
program on February 9, 1990

(55 FR 4604) effective April 10, 1990; July 11, 1990 (55FR 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; October 17, 1995 (60 FR 2450) effective
January 2, 1996; December

23, 1996 (61 FR 67474) effective March 10, 1997; August 10, 2001 (66 FR
42140) effective

October 9, 2001; August 17, 2007 (72 FR 46165) effective October 16,
2007; and October 28, 2008

(73 FR 63897) effective December 29, 2008. Since the latest
authorization submittal the scope,

structure, coverages, and processes have not materially changed
(Attachment A).

The adopted regulations include all required rules for the Base Program
and Clusters for Non-

HSWA, Non-HSWA I through Non-HSWA VI, HSWA I and II, RCRA I through RCRA
XVIII

(Attachment E). The New Mexico Hazardous Waste Management Regulations
(HWMR), 20.4.1

NMAC (Attachment B), incorporates through the July 1, 2008 the Code of
Federal Regulations, 40

CFR Parts 260 through 270, 273, and 279. The HWMR regulations can be
found at

www.nmcpr.state.nm.us under Title 20, Environmental Protection, Chapter
4, Part 1. Also, the

HWMR has incorporated 40 CFR sections 124.31, 124.32 and 124.33. The New
Mexico HWMP

corresponds to the federal program (Attachment D) with some exceptions
and is outlined in section

II.B.

II.A.1 Revision Checklists

The regulatory program described reflects the base program and
subsequent rules for which New

Mexico is already authorized (Attachment C). The Revision Checklists
(Attachment L) provide

for the corresponding New Mexico HWA or HWMR cites. New Mexico is
seeking authorization for

rules within clusters XIII through XVIII, as outlined below:

RCRA Cluster XIII (Checklists 200, 201 and 202)

Revision Checklist 200 Summary

Rule Title: Zinc Fertilizers Made From Recycled Hazardous Secondary
Materials

Checklist Title: Zinc Fertilizer Rule

Reference: 67 FR 48393 - 48415

Promulgation Date: July 24, 2002

Effective Date: July 24, 2002 for all revisions except for the amendment
to 40

CFR 266.20(b); the effective date for this provision is January 24, 2003

Cluster: RCRA Cluster XIII

Provision Type: HSWA/ Non-HSWA

Linkage: 50, 170

Optional: Yes, except for the removal of 40 CFR 268.40(i)

Summary: This final rule establishes a more consistent regulatory
framework for the practice of

making zinc fertilizer products from recycled hazardous secondary
materials. More specifically,

it establishes conditions for excluding hazardous secondary materials
used to make zinc

fertilizers from the regulatory definition of solid waste. The rule also
establishes new product

specifications for contaminants in zinc fertilizers made from those
secondary materials.

Revision Checklist 201 Summary

Rule Title: Land Disposal Restrictions: National Treatment Variance To
Designate New

Treatment Subcategories for Radioactively Contaminated Cadmium-,
Mercury-, and Silver-

Containing Batteries

Checklist Title: Treatment Variance for Radioactively Contaminated
Batteries

Reference: 67 FR 62618 – 62624

Promulgation Date: October 7, 2002

Effective Date: November 21, 2002

Cluster: RCRA Cluster XIII

Provision Type: HSWA

Linkage: 137, 151, 167A, 167C

Optional: Yes

Summary: The October 7, 2002 rule grants a national treatability
variance from the Land

Disposal Restrictions (LDR) treatment standards for radioactively
contaminated cadmium-,

mercury-, and silver-containing batteries by designating new treatment
subcategories for these

wastes. The current treatment standards of thermal recovery for cadmium
batteries and of

roasting and retorting for mercury batteries are technically
inappropriate, because any recovered

metals would likely contain residual radioactive contamination and not
be usable. The current

numerical treatment standard for silver batteries is also inappropriate
because of the potential

increase in radiation exposure to workers associated with manually
segregating silver-containing

batteries for the purpose of treatment. Macroencapsulation is designated
as the required

treatment prior to land disposal for the new waste subcategories.

Revision Checklist 202 Summary

Rule Title: NESHAP: Standards for Hazardous Air Pollutants for Hazardous
Waste

Combustors-Corrections

Checklist Title: Hazardous Air Pollutant Standards for Combustors-
Corrections 2

Reference: 67 FR 77687 - 77692

Promulgation Date: December 19, 2002

Effective Date: December 19, 2002

Cluster: RCRA Cluster XIII

Provision Type: HSWA

Linkage: 182, 197

Optional: Conditionally Optional

Summary: On September 30, 1999, EPA promulgated regulations to control
emissions of

hazardous air pollutants from incinerators, cement kilns and lightweight
aggregate kilns that

burn hazardous wastes. EPA subsequently promulgated three rules that
revised these regulations:

a Direct Final Rule published on July 3, 2001, an Interim Standards Rule
published on February

13, 2002, and a Final Amendments Rule published on February 14, 2002. In
today’s action, we

are correcting technical errors in those regulations.

RCRA Cluster XIV (Checklists 203, 204 and 205)

Revision Checklist 203 Summary

Title: Hazardous Waste Management System; Identification and Listing of
Hazardous Waste;

Recycled Used Oil Management Standards

Checklist Title: Recycled Used Oil Management Standards; Clarification

Reference: 68 FR 44659 – 44665

Promulgation Date: July 30, 2003

Effective Date: September 29, 2003

Cluster: RCRA Cluster XIV

Provision Type: Non-HSWA

Linkage: 112, 122, 166

Optional: Yes

Summary: This rule addresses three aspects of the used oil management
standards: 1) It

clarifies when used oil contaminated with PCBs is regulated under RCRA
used oil management

standards and when it is not; 2) It explains that used oil mixed with
CESQG waste is subject to

RCRA used oil management standards irrespective of how this mixture is
to be recycled; 3) It

explains that the initial marketer of on-specification used oil must
keep a record of the shipment

of used oil to the facility to which the initial marketer delivers the
used oil.

Revision Checklist 204 Summary

Rule Title 1: National Environmental Performance Track Program

Rule Title 2: National Environmental Performance Track Program;
Corrections

Checklist Title: Performance Track

Reference: 69 FR 21737 – 21754 and 69 FR 62217 - 62224

Promulgation Date: April 22, 2004 and October 25, 2004

Effective Date: April 22, 2004 and December 27, 2004

Cluster: RCRA Cluster XIV

Provision Type: Non-HSWA

Linkage: None

Optional: Yes

Summary: The rule promulgated on April 22, 2004 and corrected on October
25, 2004 applies

only to members of EPA’s National Environmental Performance Track
Program. The rule

includes provisions that increase the amount of time a hazardous waste
generator may

accumulate waste without a permit or interim status. Reporting
requirements are also simplified

for some generators. These provisions are intended to serve as
incentives for facilities to join the

Performance Track Program.

Revision Checklist 205 Summary

Rule Title: National Emission Standards for Hazardous Air Pollutants:
Surface Coating of

Automobiles and Light-Duty Trucks; Final Rule

Checklist Title: NESHAP: Surface Coating of Automobiles and Light-Duty
Trucks

Reference: 69 FR 22601 – 22661

Promulgation Date: April 26, 2004

Effective Date: June 25, 2004

Cluster: RCRA Cluster XIV

Provision Type: Non-HSWA

Linkage: 79

Optional: Yes

Summary: This rule includes national emission standards for hazardous
air pollutants

(NESHAP) for automobile and light-duty truck surface coating operations
at major sources of

hazardous air pollutants (HAP). It requires these operations to meet HAP
emission standards

reflecting the application of the maximum achievable control technology
(MACT). The rule also

amends RCRA air emission standards for owners and operators of TSDFs to
exempt air

emissions from certain activities that are covered by the final NESHAP.

RCRA Cluster XV (Checklists 206, 207 and 208)

Revision Checklist 206 Summary

Rule Title: Hazardous Waste – Nonwastewaters From Production of Dyes,

Pigments, and Food, Drug and Cosmetic Colorants; Mass

Loadings-Based Listing; Final Rule

Checklist Title: Nonwastewaters from Dyes and Pigments

Reference: 70 FR 9138 – 9180 and 70 FR 35032-33

Promulgation Date: February 24, 2005 and June 16, 2005

Effective Date: August 23, 2005

Cluster: RCRA Cluster XV

Provision Type: HSWA

Linkage: None

Optional: No

Summary: Today’s rule lists hazardous nonwastewaters generated from
the production of

certain dyes, pigments, and food, drug and cosmetic colorants (K181) to
the list of hazardous

waste in 40 CFR 261.32. The rule adds seven constituents – Aniline,
o-anisidine, 4-

chloroaniline, p-cresidine, 2,4-dimethylaniline, 1,2-phenylenediamine,
and 1,3-

phenylenediamine to Appendix VII of 40 CFR 261. These constituents of
concern serve as the

basis for the new listing. Annual mass loadings were established for
these constituents such that

wastes would not be hazardous if the constituents are below the
regulatory threshold. Five of

these constituents were also added to the list of hazardous constituents
in Appendix VIII of part

261. Land Disposal Restrictions (LDR) treatment standards for the
specific constituents of the

waste were also added. Lastly, the newly listed waste is designated a
hazardous substances

subject to the Comprehensive Environmental Response, Compensation, and
Liability Act

(CERCLA).

Revision Checklist 207 Summary

Rule Title: Hazardous Waste Management System; Modification of the

Hazardous Waste Manifest System; Final Rule

Checklist Title: Uniform Hazardous Waste Manifest Rule

Reference: 70 FR 10776 – 10825 and 70 FR 35034 – 35041

Promulgation Date: March 4, 2005 and June 16, 2005

Effective Date: There is a 12-month delayed compliance period for this
rule

beginning on September 6, 2005 (the effective date) and ending on

September 5, 2006. During this transition period, the existing

manifest forms and requirements will continue to be implemented.

The requirements of today’s rule will be implemented on

September 5, 2006.

Cluster: RCRA Cluster XV

Provision Type: HSWA/ Non-HSWA

Linkage: 5, 17D, 31, 32, 58

Optional: No

Summary: This rule revises the Uniform Hazardous Waste Manifest
regulations and the

manifest and continuation sheet forms used to track hazardous waste from
a generator’s site to

the site of disposition. The revisions standardize the content and
appearance of the manifest

form (Form 8700-22) and continuation sheet (Form 8700-22a). It also
makes these forms

available from a greater number of sources and adopts new procedures for
tracking certain types

of waste shipments with the manifest. These shipments include hazardous
wastes that

destination facilities reject, wastes consisting of residues from
non-empty hazardous waste

containers, and wastes entering or leaving the United States.

Some of the revisions include removal or consolidation of primarily
“state optional” information

from the Uniform Manifest form. Item A (State Manifest Document Number)
was removed as

this is to be pre-printed on forms. Item B (State Generator’s ID) was
consolidated within the

EPA ID field. Items C through F (Transporter ID and Phone) were removed.
Item G (State

Facility’s ID) was also removed. Item H (Facility’s Phone) was made
mandatory in the new

Designated Facility’s Name and Site Address field.

Item I (RCRA Waste Codes) was standardized and expanded to include more
waste codes.

Items J and 15 were combined to create the new Item 14 – Special
Handling Instructions and

Additional Information. States will no longer be able to require
state-specific information in this

area. Item K (Handling Codes) was revised and standardized in the new
mandatory field Item 19

– Hazardous Waste Report Management Method Codes. This corresponds
with the final

disposition of the waste by the designated facility. New data elements
include adding a

Generator Site Address field, an Emergency Response Telephone number
field, and an

International Shipments field. The space for recording RCRA waste codes
and Discrepancies

was also expanded.

The rule also adds requirements to 40 CFR 271.10 that emphasize the
necessity for consistency

in the use of the revised manifest form. One key addition is that States
may require the entry of

State waste codes that apply to State-specific hazardous wastes. States
may not require entry of

waste codes that are redundant with Federal codes. States should
remember that they cannot

impose enforcement sanctions on a transporter during transportation of a
shipment for failure of

the form to include a state-required waste code. It is the generator’s
responsibility to ensure the

manifest is correct. Both the consignment State and the generator State
retain the authority to

request that copies of the manifest form be submitted to the State.

As noted in a May 14, 2007 memorandum from Matt Hale, Director of the
Office of Solid

Waste, in 40 CFR 264.72(f)(2) and 265.72(f)(2), the March 4, 2005 final
rule in advertently

requires the designated facility to enter the generator’s name and
mailing address in Item 5 of the

manifest. Designated facilities should enter their own information in
Item 5 of the manifest in

cases of rejected shipments. This checklist reflects the correction of
this error.

Revision Checklist 208 Summary

Rule Title: Waste Management System; Testing and Monitoring Activities;

Final Rule: Methods Innovation Rule and SW–846 Final Update

IIIB

Checklist Title: Methods Innovation Rule and SW–846 Final Update IIIB

Reference: 70 FR 34538-34592, 70 FR 44150-44151

Promulgation Date: June 14, 2005, amended August 1, 2005

Effective Date: July 14, 2005

Cluster: RCRA Cluster XV

Provision Type: HSWA/non-HSWA

Linkage: 11, 35, 67, 73, 126, 139, 141, 158, 180

Optional: Yes

Summary: Today’s rule amends a variety of testing and monitoring
requirements in the

Resource Conservation and Recovery Act (RCRA) hazardous and
non-hazardous solid waste

regulations and for certain Clean Air Act (CAA) regulations that relate
to hazardous waste

combustors. These amendments allow more flexibility when conducting
RCRA-related sampling

and analysis by removing from the regulations a requirement to use the
methods found in ``Test

Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' also
known as ``SW-846,'' in

conducting various testing and monitoring and by limiting required uses
of an SW-846 method

to circumstances where the method is the only one capable of measuring
the particular property

(i.e., the method is used to measure a required method-defined
parameter). This action is an

important step forward in implementing the use of a performance-based
approach, which is part

of the Agency's efforts toward Innovating for Better Environmental
Results. Additionally, the

Agency is making certain other clarifications and technical amendments.

RCRA Cluster XVI (Checklists 209, 211, 212 and 213)

Revision Checklist 209 Summary

Rule Title: Hazardous Waste Management System; Modification of the

Hazardous Waste Program; Mercury Containing Equipment

Checklist Title: Universal Waste Rule: Specific Provisions for Mercury
Containing

Equipment

Reference: 70 FR 45508 - 45522

Promulgation Date: August 5, 2005

Effective Date: August 5, 2005

Cluster: RCRA Cluster XVI

Provision Type: Non-HSWA

Linkage: 142D, 176

Optional: Yes

Summary: Today’s rule adds mercury-containing equipment to the federal
list of universal

wastes regulated under the Resource Conservation and Recovery Act (RCRA)
hazardous waste

regulations. It effectively replaces the requirements regarding
universal was thermostats, which

are a subset of mercury containing equipment. Handlers of universal
wastes are subject to less

stringent standards for storing, transporting, and collecting these
wastes. EPA has concluded that

regulating spent mercury-containing equipment as a universal waste will
lead to better

management of this equipment and will facilitate compliance with
hazardous waste

requirements.

Revision Checklist 211 Summary

Rule Title: Revision of Wastewater Treatment Exemptions for Hazardous

Waste Mixtures (“Headworks exemptions”)

Checklist Title: Revision of Wastewater Treatment Exemptions for
Hazardous

Waste Mixtures (“Headworks exemptions”)

Reference: 70 FR 57769-57785

Promulgation Date: October 4, 2005

Effective Date: November 3, 2005

Cluster: RCRA Cluster XVI

Provision Type: Non-HSWA

Linkage: 22

Optional: Yes

Summary: Today’s rule adds benzene and 2-ethoxyethanol to the list of
solvents whose

mixtures with wastewaters are exempted from the definition of hazardous
waste under the

Resource Conservation and Recovery Act. The scrubber waters derived-from
the combustion of

any of the exempted solvents are also included in the exemption. In
addition, the Agency is

revising the rule by adding an option to allow generators to directly
measure solvent chemical

levels at the headworks of the wastewater treatment system to determine
whether the wastewater

mixture is exempt from the definition of hazardous waste. Finally, the
Agency is extending the

eligibility for the de minimis exemption to other listed hazardous
wastes (beyond discarded

commercial chemical products) and to non-manufacturing facilities.

Revision Checklist 212 Summary

Rule Title: National Emission Standards for Hazardous Air Pollutants:
Final

Standards for Hazardous Air Pollutants for Hazardous Waste

Combustors (Phase I Final Replacement Standards and Phase II)

Checklist Title: NESHAP: Final Standards for Hazardous Waste Combustors

(Phase I Final Replacement Standards and Phase II)

Reference: 70 FR 59402-59579

Promulgation Date: October 12, 1005

Effective Date: December 12, 2005

Cluster: RCRA Cluster XVI

Provision Type: HSWA/Non-HSWA

Linkage: 182, 188, 197, 198, 202

Optional: Yes

Summary: Today’s rule finalizes national emission standards (NESHAP)
for hazardous air

pollutants for hazardous waste combustors (HWCs): hazardous waste
burning incinerators,

cement kilns, lightweight aggregate kilns,
industrial/commercial/institutional boilers and process

heaters, and hydrochloric acid production furnaces. EPA has identified
HWCs as major sources

of hazardous air pollutant (HAP) emissions. These standards implement
section 112(d) of the

Clean Air Act (CAA) by requiring hazardous waste combustors to meet HAP
emission standards

reflecting the performance of the maximum achievable control technology
(MACT).

Revision Checklist 213 Summary

Rule Title: Resource Conservation and Recovery Act Burden Reduction

Initiative

Checklist Title: Burden Reduction Initiative

Reference: 71 FR 16862-16915

Promulgation Date: April 4, 2006

Effective Date: May 4, 2006

Cluster: RCRA Cluster XVI

Provision Type: HSWA/Non-HSWA

Linkage: None

Optional: Yes

Summary: Today’s rule promulgates changes to the regulatory
requirements of the Resource

Conservation and Recovery Act (RCRA) hazardous waste program to reduce
the paperwork

burden these requirements impose on the states, EPA, and the regulated
community. EPA has

estimated that the total annual hour savings under the final rule ranges
from 22,000 hours to

37,500 hours per year. The total annual cost savings under the final
rule ranges from

approximately $2 million to $3 million. This rulemaking will streamline
our information

collection requirements, ensuring that only the information that is
actually needed and used to

implement the RCRA program is collected and the goals of protection of
human health and the

environment are retained.

RCRA Cluster XVII (Checklists 214 and 215)

Revision Checklist 214 Summary

Rule Title: Hazardous Waste and Used Oil; Corrections to Errors in the
Code

of Federal Regulations

Checklist Title: Corrections to Errors in the Code of Federal
Regulations

Reference: 71 FR 40254 - 40280

Promulgation Date: July 14, 2006

Effective Date: July 14, 2006

Cluster: RCRA Cluster XVII

Provision Type: HSWA/Non-HSWA

Linkage: None

Optional: Yes

Summary: Today’s rule corrects errors in the hazardous waste and used
oil regulations, as a

result of printing omissions, typographical errors, misspellings,
citations to paragraphs and other

references that have been deleted or moved to new locations without
correcting the citations, and

similar mistakes appearing in numerous final rules published in the
Federal Register. This final

rule does not create new regulatory requirements.

Revision Checklist 215 Summary

Rule Title: Hazardous Waste Management System; Modification of the

Hazardous Waste Program; Cathode Ray Tubes

Checklist Title: Cathode Ray Tubes Rule

Reference: 71 FR 42928 - 42949

Promulgation Date: July 28, 2006

Effective Date: January 29, 2007

Cluster: RCRA Cluster XVII

Provision Type: HSWA

Linkage: None

Optional: Yes

Summary: Today’s rule streamlines management requirements for
recycling of used cathode

ray tubes (CRTs) and glass removed from CRTs. The amendments exclude
these materials from

the RCRA definition of solid waste if certain conditions are met. This
rule is intended to

encourage recycling and reuse of used CRTs and CRT glass.

RCRA Cluster XVII (Checklists 216, 217 and 218)

Revision Checklist 216 Summary

Rule Title: Regulation of Oil-Bearing Hazardous Secondary Materials From

the Petroleum Refining Industry Processed in a Gasification

System To Produce Synthesis Gas

Checklist Title: Exclusion of Oil-Bearing Secondary Materials Processed
in a

Gasification System to Produce Synthesis Gas

Reference: 73 FR 57 - 72

Promulgation Date: January 2, 2008

Effective Date: February 1, 2008

Cluster: RCRA Cluster XVIII

Provision Type: Non-HSWA

Linkage: 169

Optional: Yes

Summary: Today’s rule amends an existing exclusion to the definition
of solid waste that

applies to oil-bearing hazardous secondary materials generated at a
petroleum refinery when

these materials are recycled by inserting them back into the petroleum
refining process and

certain other conditions are met. The exclusion allows these materials
to be inserted into the

same petroleum refinery where they are generated, or sent directly to
another petroleum refinery.

Today’s rule adds “gasification” to the list of already recognized
petroleum refinery processes

and adds a definition for the term “gasification.”

Revision Checklist 217 Summary

Rule Title: National Emission Standards for Hazardous Air Pollutants:

Standards for Hazardous Waste Combustors; Amendments

Checklist Title: NESHAP: Final Standards for Hazardous Waste Combustors

(Phase I Final Replacement Standards and Phase II) Amendments

Reference: 73 FR 18970-18984

Promulgation Date: April 8, 2008

Effective Date: April 8, 2008

Cluster: RCRA Cluster XVIII

Provision Type: HSWA/Non-HSWA

Linkage: 212

Optional: Yes

Summary: Today’s rule finalizes amendments to the October 12, 2005
rule - National Emission

Standards for Hazardous Air Pollutants: Final Standards for Hazardous
Air Pollutants for

Hazardous Waste Combustors (Phase I Final Replacement Standards and
Phase II) (Checklist

212). It clarifies compliance monitoring provisions and corrects
typographical errors and

omissions.

Revision Checklist 218 Summary

Rule Title: Hazardous Waste Management System: Identification and
Listing

of Hazardous Waste; Amendment to Hazardous Waste Code F019

Checklist Title: F019 Exemption for Wastewater Treatment Sludges from
Auto

Manufacturing Zinc Phosphating Processes

Reference: 73 FR 31756-31769

Promulgation Date: June 4, 2008

Effective Date: June 4, 2008

Cluster: RCRA Cluster XVIII

Provision Type: Non-HSWA

Linkage: 72

Optional: Yes

Summary: Today’s rule amends the F019 listing to exempt the wastewater
treatment sludge

generated from zinc phosphating processes used in automobile assembly,
provided the wastes are

not placed outside on the land prior to shipment to a landfill for
disposal and the waste is

disposed in a landfill unit subject to certain liner requirements.
Wastes that meet these

conditions will be exempted from the listing from their point of
generation, and will not be

subject to any RCRA Subtitle C management requirements for generation,
storage, transport,

treatment, or disposal. Generators will be required to maintain records
on site to show that the

waste meets to conditions of the listing.

II.A.2 New Mexico Authority, Public Notice and Hearing Process for
Program Approval

The HWA (Attachment A) specifically grants the NMED authority to
regulate hazardous waste in

New Mexico. The HWA provides the EIB the authority to adopt regulations
for the management of

hazardous waste that are equivalent to and no more stringent than the
federal RCRA regulations as

adopted by the EPA pursuant to the federal RCRA of 1976, as amended.

Specifically, the HWA provides the authority to the EIB to adopt
hazardous waste rules for: 1) the

identification and listing of hazardous waste consistent with RCRA; and
establishing standards for

2) generators; 3) transporters; 4) distributors or marketers of produced
fuel produced from hazardous

waste or other fuel that contains hazardous waste; 5) owners and
operators for the treatment, storage

or disposal of hazardous waste; 6) permit requirements; 7) defining
modifications; and 8)

establishing procedures for the inspection of facilities.

The process to amend or adopt regulations follows the Rulemaking
Procedures – Environmental

Improvement Board, 20.1.1 NMAC, in association with the HWA. These
Rulemaking Procedures

outline: 1) the procedures before the EIB; 2) encourages public
participation in the hearings for the

promulgation of regulations; 3) provides for the presentation of
evidence from the parties and

general public; and 4) that the hearings are conducted in a fair an
equitable manner.

The NMED petitioned the EIB on July 15, 2008 for a hearing to amend the
HWMR, 20.4.1 NMAC,

for the EPA rules through July 1, 2008, which includes rules through
Cluster XVIII. The EIB

granted the hearing and a notice was provided in the New Mexico State
Register, Volume XIX,

Number 16, August 29, 2008, within the Notice of Rulemaking and Proposed
Rules section. A

notice was also published in the Albuquerque Journal on August 28, 2008.
The NMED filed

technical testimony as part the prehearing proceedings.

The EIB hearing convened on October 6, 2008 to amend the HWMR and was
concluded on the same

day. The hearing was conducted in Santa Fe, New Mexico. NMED provided
testimony at the

hearing for the amended rules and provided explanation to questions and
concerns from the EIB and

the public. The EIB adopted the amendments to the HWMR at the October 6,
2008 public hearing

as permanent rules. The amended HWMR was noticed in the New Mexico State
Register, Volume

XX, Number 2, January 30, 2009. The amended HWMR became effective on
March 1, 2009

(Attachment B).

The incorporation of federal RCRA regulations does not incorporate
prospectively future changes to

the incorporated sections of 40 CFR, and no other New Mexico law or
regulation reduces the scope

of coverage or otherwise affects the authority provided by these
incorporated-by-reference

provisions. Further, New Mexico interprets these incorporated provisions
to provide equivalent, if

not identical, authority to the federal provisions. Thus, 20.4.1 NMAC
provides equivalent and no

less stringent authority than the federal RCRA Subtitle C program in
effect through July 1, 2008.

II.B. Differences between Federal and State Regulations

This section of the PD provides an explanation on the differences
between the New Mexico HWMR

and the federal RCRA regulations (see Attachments C and D). The addition
of the rules as

outlined in Section II.A.1 will have little if no impact on the HWMP.
Also, please refer to the

Attorney General’s Statement(s) for a detailed discussion of the
significance of these differences.

New Mexico, through the HWMR, has incorporate by reference the following
federal RCRA

regulations as amended through July 1, 2008: 40 CFR Parts 260-266, 40
CFR Parts 268-270, 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, any reference to Part
267 in Part 260, 263.20(e),

264.1(f), 264.115, 264.120, 264.143(i), 264.145(i), 264.147(e), 264.149,
264.150, 264.191(a),

264.19(b)(5)(ii), 264.73(b) with the exception of 264.73(b)(7) and
(b)(9), 264.192(a), 264.192(b),

264.193(i)(2), 264.196(f), 264.280(b), 264.301(l), 264.347(d),
264.554(c)(2), 264.571(a-c),

264.573(a)(4)(ii), 264.573(g), 264.574(a), 264.1030(d), 264.1050(g),
264.1080(e), 264.1080(f),

264.1080(g), 264.1101(c), 265.1(c)(4), 265.73(b), 265.100.(g), 265.115,
265.120, 265.143(h),

265.145(h), 265.147(e), 265.149, 265.150, 265.191(a), 265.191(b)(5)(ii),
265.192(a), 265.192(b),

265.193(i)(2), 264.196(f), 265.280(e), 265.347(d), 265.441(a-c),
265.443(a)(4)(ii), 265.443(g),

265.444(a), 265.1030(c), 265.1050(f), 265.1080(e), 265.1080(f),
265.1080(g), 265.1101(c)(2),

266.102(e)(10), 40 CFR Part 267, 268.5, 268.6, 268.42(b), 268.44(a)
through (g), 270.1(b)

specifically the statement regarding the eligibility for a standardized
permit, 270.1(b)(1) and (2),

“and standardized permit (subpart J of this part)” in the definition
of “permit” in 270.2, definition of

“standardized permit” in 270.2, 270.10(a)(6), 270.10(h)(2), portion
of the first sentence stating “or

as a routine change with prior approval under 40 CFR 124.213” of
Section 270.40(b), 270.14(a),

270.16(a), 270.26(c)(15), 270.41 referencing 270.320 and 40 CFR Part
124, Subpart G,

270.41(b)(3), 270.51(e), 270 Subpart J, 279.22.

New Mexico has incorporated by reference 40 CFR Part 124, §§ 124.31,
124.32, and 124.33

regarding the permitting process and repository provisions. New Mexico
has also adopted

regulations at <IP_ADDRESS>1 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. These are 40 CFR

Part 124.3(a) – (Application for a permit); 124.5(a), (c), and (d) –
(Modification of permits);

124.6(a), (d), and (e) – (Draft permit); 124.8 – (Fact sheet);
124.10(a)(1)(ii), 124.10(a)(1)(iii),

(a)(1)(v), (b), (c), (d), and (e) – (Public notice); 124.11 –
(Public comments and requests for

hearings); 124.12(a) – (Public hearings); and 124.17(a) and (c) –
(Response to comment).

In addition to the differences as provided in this section, terms such
as “EPA” shall mean the “New

Mexico Environment Department” with some exceptions, and the use of
terms in the HWMR that

are not are not defined in 40 CFR. These minor provisions are provided
for in the New Mexico

HWMR and, also, outlined in Attachment D.

New Mexico has adopted regulations equivalent to 40 CFR Part 260,
Hazardous Waste Management

System: General, making the State HWMP equivalent to the federal
regulatory program. New

Mexico has not adopted regulations related to the following provisions:
rulemaking petitions for

delisting (40 CFR 260.1(b)(6) and 260.20); petitions to amend Part 261
to exclude a waste produced

at a particular facility (40 CFR 260.22); non-waste determinations and
variances from the

classification of solid waste (40 CFR 260.30); standards and criteria
for variances form classification

as a solid waste (40 CFR 260.31); variances to be classified as a boiler
(40 CFR 260.32); procedures

for variances from classification as a solid waste, for variances to be
classified as a boiler, or for

non-waste determinations (40 CFR 260.33); and references to Part 267.

New Mexico has adopted regulations equivalent to 40 CFR Part 261,
Identification and Listing of

Hazardous Waste, and 40 CFR Part 262, Standards Applicable to Generators
of Hazardous Waste,

making the State HWMP equivalent to the federal program. There are no
exceptions in the New

Mexico HWMR to these Parts.

New Mexico has adopted regulations equivalent to 40 CFR Part 263,
Standards Applicable to

Transporters of Hazardous Wastes, making the State HWMP equivalent to
the Federal regulatory

program. It should be noted that the water (bulk shipment) transporters
of hazardous wastes

provisions, 40 CFR 263.20(e), of the federal regulations have not been
incorporated into the

HWMR.

New Mexico has adopted regulations equivalent to 40 CFR Parts 264,
Standards for Owners and

Operators of Hazardous Waste Treatment, Storage, and Disposal
Facilities, and Part 265, Interim

Status Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, and Disposal

Facilities, making the State HWMP equivalent to the federal regulatory
program. The exceptions

are the provisions under the federal RCRA regulations to the
requirements and prohibitions

regarding state authorization, and the financial requirements related to
the use of state-required

mechanisms and state assumption of responsibility for closure,
post-closure care, or liability

requirements. New Mexico has not adopted certain provisions related to
Revision Checklist 213,

Burden Reduction Initiative.

New Mexico has adopted regulations equivalent to 40 CFR Part 266,
Standards for Materials Being

Recycled/Reused, making the State HWMP equivalent to the Federal
regulatory program. The

exception to 40 CFR 266 in the HWMR is the recordkeeping provision of 40
CFR 266.102(e)(10)

providing for records to be kept until closure of the facility.

New Mexico has not adopted the provisions of 40 CFR 267, Standards for
Owners and Operators of

Hazardous Waste Facilities Operating Under a Standardized Permit.
Revision Checklist 210 was not

proposed for rule adoption by the EIB as part of the HWMR and is
therefore not being considered

for this rule authorization request.

New Mexico has adopted regulations equivalent to 40 CFR Part 268, Land
Disposal Restrictions,

making the State HWMP equivalent to the Federal regulatory program. It
should be noted that the

1) procedures for case-by-case extensions to an effective date; 2)
petitions to allow land disposal of a

waste prohibited under Subpart C of Part 268; 3) treatment standards
expressed as specified

technologies; and 4) specified variances from a treatment standard
provisions of the federal

regulations have not been incorporated into the HWMR.

New Mexico has adopted regulations equivalent to 40 CFR Part 270,
EPA-Administered Permit

Programs – The Hazardous Waste Permit Program, making the State HWMP
equivalent to the

Federal regulatory program. The exception is the reference to any
provision of 40 CFR Part 124

within the text of any other adopted provision of 40 CFR as it is
referred to the Permitting

Procedures, <IP_ADDRESS>1 NMAC. There are three exceptions to this
exception though; 1) the preapplication

public meeting and notice, 2) the public notice requirements at the
application stage, and

3) the information repository requirements. These provisions are
incorporated in the HWMR. Part

267 or any reference to it is not incorporated into the HWMR. The
permitting procedures as

outlined in the HWMR are equivalent to the federal provisions of 40 CFR
Part 124. A discussion of

the permitting process is outlined in Section V.

New Mexico has adopted regulations equivalent to 40 CFR Part 273,
Standards for Universal Waste

Management, making the State HWMP equivalent to the Federal regulatory
program. One minor

exception is noted for generators of universal waste pesticides as they
are to notify the New Mexico

Department of Agriculture. New Mexico has also provided for provisions
in the HWMR addressing

universal waste labeling, breaking and crushing universal waste lamps,
and the management of

universal waste aerosol cans. These provisions are provided for in
<IP_ADDRESS>1 NMAC.

New Mexico has adopted regulations equivalent to 40 CFR Part 279, Used
Oil Management

Standards, making the State HWMP equivalent to the Federal regulatory
program. New Mexico has

one minor exception to the used oil provisions in 40 CFR 279.22
regarding the labeling

requirements. New Mexico has also adopted used oil storage requirements
in <IP_ADDRESS>3 NMAC.

III. STATE AGENCY RESPONSIBILITIES

III.A. Organization and Structure of the Hazardous Waste Program

New Mexico statutes provide authority for the NMED to administer the
provisions of the State

HWMP. The New Mexico Environmental Improvement Act (EIA), NMSA 1978,
§§74-1-1 through

74-1-16, and the New Mexico 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 revisions to the

HWMP are implemented by the NMED. As outlined in Section II.A.2, the
process for adopting and

amending the HWMR is completed through a process with the EIB.

Formerly, the Health and Environment Department was the agency
responsible for administering the

HWMP. In 1991 the Department of Environment Act, 9-7A-1 to 9-7A-12, NMSA
1978, established

a single department, the NMED, to administer the laws and exercise the
functions relating to the

environment formerly administered and exercised by the Health and
Environment Department. The

NMED is the sole agency responsible for the HWMP.

The NMED consists of divisions, bureaus and programs. The Secretary of
NMED administers

policy and imparts the authority provided under the Environment
Improvement Act, Department of

Environment Act, and specific environmental statutes and regulations,
such as the HWA and

HWMR. The NMED is comprised of six divisions: 1) Adminstrative Services
Division; 2)

Environmental Health Division (formerly Field Operations Division); 3)
Environmental Protection

Division; 4) Water & Waste Management Division; 5) Water and Waste Water
Infrastructure

Development Division; and 6) Information Technology Division. The NMED
also includes an

Office of General Counsel (OGC), Communication Director and other
special programs

administered by the Office of the Secretary as outlined on the NMED
Organizational Chart

(Attachment F).

Within the NMED Water & Waste Management Division, the Hazardous Waste
Bureau (HWB) is

responsible for administering and implementing the HWMP. With the
assistance and guidance of

the OGC, the Director of the Water & Waste Management Division and the
Secretary of the NMED,

the HWB carries out the responsibilities of the HWMP.

The HWB is divided effectively into three programs: 1) Permits
Management; 2) Compliance &

Technical Assistance; and 3) Financial & Data Management as outlined on
the HWB Organizational

Chart (Attachment G).

Permits Management Program

The Permits Management Program is responsible for reviewing all
hazardous waste permit

applications for their administrative completeness and technical
adequacy. During the determination

of administrative completeness and technical adequacy review,
deficiencies are noted and a Notice

of Deficiency (NOD) is issued and resolved before a draft permit is
developed and noticed for public

comment and input. All comments received during the public notice are
considered for

incorporation into the final permit. All comments, requests for
hearings, and the final permit are

submitted to the Secretary or his/her designee of the Environment
Department for final decision.

The final permit is issued, denied, or modified upon final decision of
the Secretary or his/her

designee. All comments are responded to upon the issuance of the final
action.

The Permits Management Program is also responsible to provide regulatory
oversight of interim

status units and facilities as well as closure and post-closure
activities. It also maintains and

administers the Federal Facility Compliance Orders for mixed wastes.

In addition to the responsibilities related to permitting actions, the
Permits Management Program is

responsible for corrective action activities as outlined in the
hazardous waste management permits or

other enforceable documents (e.g. corrective action or compliance
orders), and established EPA or

NMED guidance. It also conducts Comprehensive Groundwater Monitoring
Evaluations (CMEs)

and Compliance Evaluation Inspections (CEIs) in conjunction with the
Compliance & Technical

Assistance Program at permitted and interim status facilities. The
program also negotiates and

provides technical assistance to regulated facilities on the means to
achieve compliance and to

resolve media contamination (eg. soil, groundwater) problems. The
program provides oversight of

hydrogeologic investigations and conduct field inspections relating to
permitting and corrective

action characterization and remedy activities.

The Program also conducts reviews of formerly used defense sites (FUDS)
under the Defense State

Memorandum of Agreement (DSMOA) in conjunction with the Army Corps of
Engineers. The

approach of conducting corrective action for FUDS uses applicable,
relevant, and appropriate

requirements (ARARs) as established under Superfund Amendments and
Reauthorization Act

(SARA).

Compliance & Technical Assistance Program

The Compliance and Technical Assistance Program is responsible for
conducting CEI at facilities

that generate, store, treat, transport, and/or dispose of hazardous
waste. Facilities include

conditionally exempt small, small, and large quantity generators, and
permitted facilities. Sampling

of environmental media is often necessitated by conditions found at
these facilities. Complaint

investigations are also frequently required. Various types of
enforcement actions from informal

enforcement notice of violations to formal compliance orders with
penalties are initiated against

violators of the hazardous waste requirements. The program also conducts
activities along the

U.S./Mexico border associated with the import of hazardous waste. These
activities also include

training with U.S. Customs officials in identification of hazardous
waste shipments and monitoring

compliance with applicable hazardous waste regulations, conducting
inspections of vehicles

shipping hazardous materials and wastes. The program coordinates
enforcement activities with EPA

Region 6 and neighboring States, as appropriate.

Financial & Data Management Program

The Financial & Data Management Program includes the Information
Management Section, which

maintains the Biennial Reporting System (BRS) and the RCRA Information
Management Systems

(RCRA Info, previously known as RCRIS); processes RCRA Notification
(8700-12) forms and the

hazardous waste fees; and responds to and processes New Mexico Public
Records Act information

requests, as necessary, in conjunction with the other HWB programs. The
Financial Section of the

program provides for and maintains the budget, contracts, and other
financial matters for HWB. The

Program also provides and administers the EPA 3011 Grant in conjunction
with the Permits

Management and Compliance & Technical Assistance programs, and EPA
Region 6.

The HWB receives technical support and expertise when needed from other
bureaus and divisions

within NMED, they are:

1) Air Quality Bureau - regulates emissions of pollutants to the ambient
air;

2) Ground Water Quality Bureau - regulates the disposal of contaminants
to the environment

that have the potential to contaminate the groundwater. Also provides
oversight for EPA

on CERCLA investigations and remediation sites;

3) Surface Water Quality Bureau - regulates discharges of pollutants
into the surface waters

of New Mexico;

4) Solid Waste Bureau - monitors and enforces the state Solid Waste
Management

Regulations, including transportation and disposal of non-hazardous
solid waste and

household waste;

5) Occupational Health & Safety Bureau - regulates the health and safety
of the work place

environment;

6) Drinking Water Quality Bureau - regulates community drinking water
supplies;

7) Petroleum Storage Tanks Bureau - regulates all non-hazardous waste
underground and

above ground storage tanks; and

8) Office of General Counsel - provides legal support to the bureau with
respect to the

development of legislation, regulation development and interpretation,
permitting and

enforcement actions.

All of the above bureaus are organized within the NMED, enabling the
sharing of information,

expertise, and personnel.

Other agencies within the State that provide assistance to HWB:

1) Scientific Laboratory Division - provides limited analytical support
for identifying

contaminants and contaminant concentrations of samples collected during
investigations,

enforcement actions, clean-up operations, and routine inspections of
hazardous waste

facilities and generators;

2) New Mexico Department of Agriculture - pursuant to the Hazardous
Waste Act, is the lead

agency responsible for the enforcement of all hazardous waste
regulations regarding

hazardous agricultural waste;

3) Energy, Minerals and Natural Resources Department - administers
programs relating to the

production of oil, natural gas geothermal energy, and coal;

4) Department of Public Safety - administers emergency response
coordination in the State of

New Mexico; and

5) NMED Administrative Service Division – provides administrative and
financial support to

HWB.

III.B Division of Responsibility Between the State and EPA

The HWMP responsibilities of HWB are based on the HWA, the HWMR, the
Memorandum of

Agreement with EPA (EPA MOA), and the negotiated EPA 3011 Grant. EPA
retains authority to

enforce requirements promulgated pursuant to the Hazardous and Solid
Waste Amendments of 1984

(HSWA) for which the State has not received authorization. Upon
receiving approval of this

authorization, New Mexico will have obtained authorization for all
mandatory and a majority of the

optional rules for HSWA and RCRA through July 1, 2008. For those rules
that New Mexico has

received authorization it continues to be the lead on permitting and
enforcement activities. New

Mexico will continue to coordinate activities with EPA for which it has
limited or no authority.

The October 28, 2008 (73 FR 63900) Federal Register, New Mexico:
Incorporation by Reference of

Approved State Hazardous Waste Management Program, incorporates by
reference the New Mexico

authorized hazardous waste program in Subpart GG of 40 CFR part 272.
Section 272.1601

incorporates by reference the New Mexico HWA and HWMR. This section
outlines and provides

for the rules that New Mexico is authorized, rules it has adopted and is
not authorized by EPA, and

for rules it has adopted and cannot receive authorization from EPA.

The rules that New Mexico is not seeking authorization or cannot be
delegated include:

1) (Revision Checklist 51) Standards Applicable to Owners and Operators
of Hazardous

Waste Treatment, Storage and Disposal Facilities; Liability Coverage.

2) (Revision Checklist SR2*) Surface Impoundment Variance under
§3005(j)(2)-(9) and (13).

3) (Revision Checklist BB*) Exceptions to the Burning and Blending of
Hazardous Waste.

4) Direct Actions Against Insurers (this is not delegable to States) as
provided for in HSWA

§3004(t) promulgated on November 11, 1984.

5) (Revision Checklists 17 B* and 17 B.1*) HSWA Codification Rule;
Delisting. Delisting is

an optional requirement. New Mexico has not adopted the delisting
sections and therefore

is not seeking authorizing for these rules.

6) (Revision Checklist 138) Organic Air Emission Standards for Tanks,
Surface

impoundments, and Containers. This checklist has been withdrawn. Its
applicable

provisions are included in Revision Checklist 154, which is a
consolidation all of the rules

associated with the organic air emission standards for tanks, surface
impoundments, and

container requirements (Subpart CC). New Mexico adopted the provisions
included in

Revision Checklist 154 and received EPA authorization for this rule on
October 9, 2001.

7) (Revision Checklist 143) Organic Air Emission Standards for Tanks,
Surface

Impoundments, and Containers; Amendment I. This checklist has been
withdrawn. Its

applicable provisions are included in Revision Checklist 154, which is a
consolidation all

of the rules associated with the organic air emission standards for
tanks, surface

impoundments, and container requirements (Subpart CC). New Mexico
adopted the

provisions included in Revision Checklist 154 and received EPA
authorization for this rule

on October 9, 2001.

8) (Revision Checklist 152; Not Delegable to State Programs) Imports and
Exports of

Hazardous Waste Implementation of OECD Council Decision. Like the export

requirements at 40 CFR Part 262, Subpart E, the 40 CFR Part 262, Subpart
H requirements

will be administered by EPA and not the States because the exercise of
foreign relations

and international commerce powers is reserved to the Federal government
under the

Constitution. However, EPA strongly encourages States to incorporate
these requirements

into their regulations for the convenience of the regulated community
and for

completeness, particularly where a State has already incorporated the 40
CFR Part 262,

Subparts E and F provisions into its regulations. New Mexico has adopted
the provisions

of this rule within the Hazardous Waste Management Regulations.

9) (Revision Checklist 167 D) Mineral Processing Secondary Materials
Exclusion.

10) (Revision Checklist 186; Not Applicable to State Programs)
Amendments to Streamline

the National Pollutant Discharge Elimination System Program Regulations:
Round Two.

EPA will not authorize States for this rule and has, therefore, not
issued a checklist to be

used by States.

11) (Revision Checklist 191*) Storage, treatment, transportation and
disposal of mixed waste.

New Mexico is not seeking authorizing for these rules at this time.

12) (Revision Checklist 192A) Hazardous Waste Identification Rule
(HWIR): Revisions to the

Mixture and Derived-From Rules. New Mexico is not seeking authorization
for these rules

at this time.

13) (Revision Checklist 210) Hazardous Waste Management System;
Standardized Permit for

RCRA Hazardous Waste Management Facilities. New Mexico is not seeking

authorization fro these rules at this time.

IV. STAFFING AND FUNDING RESOURCES

IV.A Staffing Resources of the Hazardous Waste Management Program

The NMED continues to be staffed with personnel that have the
administrative and technical

expertise and experience necessary to effectively administer and
implement the RCRA program.

Many of the personnel currently employed in the RCRA program of the NMED
have several years

of experience in the hazardous waste program. Both experienced and new
personnel participate in

training programs, when available, to increase their expertise and
skills. Personnel within the

HWMP are primarily trained in and have experience as financial and
management analysts,

environmental scientists and specialists, engineers, and hydrologists.
These individuals are presently

involved in the ongoing RCRA permitting, corrective action, facility
management activities,

compliance and enforcement actions, data management and financial
affairs for the HWMP.

With respect to assignment of personnel to perform necessary duties to
meet the requirements of

implementation through RCRA Cluster XVIII, many factors have been taken
into consideration.

These factors include: (1) other program plan commitments; (2) other
state program commitments;

(3) the nature of the work being performed; and (4) the specific skills
of the personnel. For example,

although most of the personnel involved will be environmental scientists
and specialist, engineers,

and hydrologists, for example, if a project requires specialized
knowledge of hazardous waste

characterization, the NMED technical staff utilizes personnel with
advanced knowledge in this area.

Therefore, these individuals handle RCRA work involving waste
characterization and other work

assignments are adjusted accordingly.

The responsibilities of the NMED have not changed since the most recent
program authorization of

2007. It is anticipated that no additional personnel will need to be
hired to implement the provisions

through RCRA Cluster XII. There have also been no significant changes in
the size of the regulated

community since the previous authorization.

The HWB consists of fifty-four full time equivalent (FTE) staff within
the Bureau and its’ programs

including two FTEs supporting information technology functions
(Attachment G). Essentially all

FTEs with the exception of Defense State Memorandum of Agreement (DSMOA)
and the spill

response coordinator FTEs are dedicated to the HWMP. Section III.A
describes the programs and

the functions. The HWB staff consists of:

Bureau Chief (General Manager/Natural Sciences Manager - 1 position)

Directs all activities in the Bureau. This position along with the
program managers, the Water &

Waste Management Division Director and the Office of the Secretary are
the policy makers for the

HWB. The Bureau Chief directs the overall tasks and responsibilities of
the entire bureau,

delegating specific responsibilities to the appropriate managers.

Program Managers (3 positions): The Program Managers are responsible for
the management and

implementation of the program tasks such as permitting, corrective
action, enforcement, compliance

and technical assistance, QA/QC, financial, information and data needs.
See individual Programs

below.

Quality Assurance/Quality Management Manager

The QA/QC manager for the bureau is responsible for QA/QC of data
collection techniques, data

analysis, and laboratory QC requirements. This position answers directly
to the Bureau Chief and is

independent of the Bureau Programs. The QA Officer is the F&MP Manager.

PERMITS MANAGEMENT PROGRAM

Permits Management Program Manager (Administrative/Operations Manager II
- 1 position)

Manages, directs and monitors all activities performed by the Permits
Management Program.

Prepares and presents budget requests; prepares grant and conducts grant
negotiations; evaluates

staff training needs; makes recommendations for training; and evaluates
staff performance.

Testifies, if necessary, at Public Hearings on issuance of permits or
appeals. Interviews and consults

with respective group managers and supervisors, and makes
recommendations for hiring new staff.

This position is occupied with personnel that have an educational
background in a natural science or

engineering, and have experience in the environmental field.

Group Manager (Staff Managers and Administrative/Operations I Manager -
3 positions)

Manages, directs and monitors all activities performed by subordinate
supervisors and technical staff

within their group. Coordinates efforts with Program Manager. Evaluates
staff training needs;

makes recommendations for training; and evaluates staff performance.
Testifies, if necessary, at

Public Hearings on issuance of permits. Interviews and consults with
program manager, group

managers and supervisors, and makes recommendations for hiring new
staff. These positions are

occupied with personnel that have an educational background in a natural
science or engineering,

and have experience in the environmental field.

The three groups within the Permits Management Program are the:

1) WIPP Group - oversees the WIPP permit and its’ associated
activities. Staff are located

in Santa Fe;

2) Albuquerque Group - oversees RCRA facilities in the Albuquerque area.
Staff are

located in Albuquerque offices; and

3) Santa Fe Group - oversees RCRA facilities for the remainder of the
State

Secretary (Secretary – 1 position)

These positions report directly to the Program Manager. The Secretary
position supports

administrative duties for the program and bureau.

Supervisors (Environmental Scientist & Specialists – 5 positions).

Supervises two or more staff of the program. Oversees complex facilities
and projects. Provides for

internal training of staff and conducts interviews and recommendations
to management of new hires.

Testify at public hearings as necessary. This position reports directly
to the respective Group

Manager. These positions are occupied with personnel that have an
educational background in a

natural or life science, or engineering, and have experience in the
environmental field.

Technical Staff (Environmental Scientist & Specialists and Engineer
Specialist – 21 positions)

Reviews corrective action documents and permit applications for
administrative and technical

completeness and requests additional permit information as necessary.
Recommends the issuance of

Notice of Deficiencies or Disapproval for those documents determined to
be incomplete.

Recommends the issuance or denial of a permit or permit modification
request. Reviews closure

plans and post closure care plans for technical completeness. Two and a
half (2.5) of the FTEs are

assigned to the Defense State Memorandum of Agreement (DSMOA). These
positions report

directly to their respective supervisor or Group Manager. Performs
duties assigned by the Bureau

Chief, Program Manager, Group Manager, or Supervisor as they apply to
the Program. These

positions are occupied with personnel that have an educational
background in a natural or life

science, or engineering, and have experience in the environmental field.

COMPLIANCE & TECHNICAL ASSISTANCE PROGRAM

Compliance & Technical Assistance Program Manager (Staff Manager - 1
position)

Supervises, directs and monitors all activities performed by the
Inspection/Enforcement Staff.

Prepares and presents budget requests, mid-year and end-of-year reports,
work plan and grant

negotiations, evaluates staff training needs and makes recommendations
for training, evaluates staff

performance. Reviews all documents prepared by Hazardous Waste Bureau.
Interviews and

consults with respective supervisors, hires additional staff. This
position is occupied with personnel

that have an educational background in a natural or life science, or
engineering, and have experience

in the environmental field.

Secretary (Secretary – 1 position)

These positions report directly to the Program Manager. The Secretary
position supports

administrative duties for the program and bureau.

Supervisor (Environmental Scientist & Specialist - 2 positions)

Functions as the supervisor and senior inspector/trainer for the RCRA
Inspection Teams. These

positions conduct hazardous waste compliance evaluation inspections,
assist with inspection

scheduling, inspection file review and evaluation, research, training
and supervision of the staff in

their inspection and enforcement duties.

Technical Staff (Environmental Scientist & Specialist - 9 positions)

Conducts hazardous waste inspections, prepares inspection reports,
recommends enforcement action,

assists with negotiations on compliance issues, testifies at hearings as
needed and responds to

requests for assistance and information from the public, regulated
community and other agencies.

These positions are occupied with personnel that have an educational
background in a natural or life

science, or engineering, and may have experience in the environmental
field.

Spill Response Coordinator (Environmental Scientist & Specialist - 1
position)

Manages non-emergency spill responses and complaints from commercial
industries and the private

sectors to the impacted medias, manages a resource database associated
with the reported

spills/complaints and performs similar duties as the technical staff as
needed to public regulated

community and other agencies. This position is occupied with personnel
that have an educational

background in a natural or life science, or engineering, and have
experience in the environmental

field.

FINANCIAL & DATA MANAGEMENT PROGRAM

Program Manager / QA Officer (Staff Manager - 1 position)

The Program Manager manages and supervises the Financial & Data
Management Program

(F&DMP). This program is responsible for the monitoring of the Resource
Conservation Recovery

Act (RCRA), RCRA Info Database, New Mexico Public Records Act, Biennial
Reporting System

(BRS), NMED Database of Hazardous Waste, Federal Grant Process, Record
Management and the

implementation of the budgetary, accounting, grants management,
procurement, contracts and all

administrative functions and support projects for the Hazardous Waste
Bureau. The F&DMP

Manager also performs duties as the QA Officer. This position is
occupied with personnel that have

experience in data management and the financial fields.

Management Analyst (Management Analyst - 1 position)

The duties of this position consist of coordinating facility permit and
generator fee data,

coordination of RCRA data into the EPA database (RCRA Info), process and
maintain Annual

Hazardous Waste Regulators Fees, and assist with the training, budget
preparations, mid-year repots

and year-end reports. This position conducts financial and budget
oversight and provides

maintenance of contracts and grants. The Management Analyst position
supervises and provides

oversight of the Financial Analyst positions. This position reports
directly to the Program Manager.

This position is occupied with personnel that have experience in the
data management and the

financial field.

Records Manager (Information/Records Clerk – 1 position)

This position reports to the senior Management Analyst. The duties
consist of coordinating RCRA

Permits Management Database, assisting in the process and monitoring of
the New Mexico Public

Records Act, and continually monitoring the records management program.
Assist staff with filed

documents and records retrieval. This position is occupied with
personnel that have experience in

the records management.

Financial Specialist (Financial Specialist - 3 positions)

The senior Financial Specialist duties consist of reviewing accounting
reports, contract agreements,

analyzing and maintaining the budget, reconciling agencies fiscal
records and maintaining

communication and personnel management. The senior member currenlty
supervises one junior

Financial Specialist position and reports directly to the Program
Manager. The junior positions

duties consist of preparation of purchase requisitions for the bureau,
preparing travel vouchers and

payment vouchers, establishing and maintaining public records,
monitoring the supply orders, and

processing of depositions and any financial documents to ASD daily. This
position also assists with

the responsibilities of the other Financial Specialists. This position
is occupied with personnel that

have experience in the financial field.

IT Support (Computer Systems Analyst and IT Project Manager - 2
positions)

These positions reports to the IT Bureau Chief. The duties consist of
designing/developing and

maintaining databases, decision support systems, desktop support, and
web pages for the bureau.

Diagnosing hardware and software problems, train users in the use of
systems/applications, assist

with processing end of year reports, and coordinate the bureau’s needs
with the Information

Technology Service Bureau and maintenance of the Bureau website.

IV.B Overall Changes in Existing Resources from Previously Authorized
Program

It is anticipated that no additional staff will be needed to cover the
program for the areas for which

the State is seeking authorization. There have been no other significant
organizational changes

made since the previous authorization of the HWMP.

The HWMP has seen no significant changes in the regulated community
since the previous

authorization. The treatment, storage, and disposal facility (TSDF)
universe has remained constant

for the past several years. There have been no significant changes in
the generator universe during

the past two years. It has remained constant other than an indication of
a shift from small quantity

generators (SQGs) to conditionally exempt small quantity generators
(CESQGs).

The existing resources have not changed significantly with respect to
the overall HWMP. Within

the Permits Management Program the workload has shifted during the last
two years towards permit

activities related. The C&TA Program has seen a steady workload of the
TSDF universe and an

increase in compliance inspection evaluations and technical assistance
within the generator universe.

IV.C Funding Resources for the Hazardous Waste Management Program

HWB utilizes all available funding sources to meet budget obligations of
the bureau. The funding

sources are: 1) General Fund, 2) Corrective Action Fund, 3) Federal
Funds, 4) Other State Funds,

and 5) the Emergency Fund. See Attachment J for the current FY2008
authorized budget. The state

matching funds are required to be spent within the hazardous waste
program. There are no

restrictions or limitations that would prohibit these funds from being
spent on RCRA requirements.

General Fund

The General Fund is monies allocated to the NMED yearly from the New
Mexico Legislature.

For the FY2009 Budget $482.9 (all dollar amounts are reported in the
thousands) is authorized to

support the bureau with six FTE’s. The General Fund is used to
solidify the bureau in meeting

PS&EB and general overhead costs such as rent, telecommunications and
lease vehicles. An

additional $96.6 of the General Fund is authorized, in addition to
$203.4 of the Corrective

Action Fund (see CAF below), for match to the EPA 3011 RCRA Grant. This
match is a 25%

hard match requirement of the EPA 3011 Grant terms.

Corrective Action Fund 990 (CAF)

The Corrective Action Fund is a funding source allocated to NMED by the
New Mexico

Legislature and is generated by a per load fee collected at the loading
dock from wholesale

distributors of petroleum products. The fund pays for corrective action
costs resulting from the

unauthorized releases which cause contamination of soil and/or
groundwater. For the FY2009

Budget NMED is authorized for $203.4 as a partial match for the EPA 3011
RCRA Grant. This

match is a 25% hard match requirement of the grant terms. The use of the
CAF was authorized

by the legislature and is expecting the legislature to appropriate CAF
funding next year.

Federal Funds

EPA 3011 RCRA Grant: Federal Funds are secured through an EPA 3011 RCRA
Grant. For

FY2009 $1,503.0 of federal funds has been requested to fund the RCRA
grant. This grant

supports 15 FTE’s. The grant is generally approved for $900.0
annually, which is expected for

FY2010, excluding State match, and has a 25% hard match, which is
obtained by three other

funding sources of the General Fund, Corrective Action Fund and Other
State Funds. The

RCRA grant supports RCRA Subtitle C rules for permitting and enforcement
of hazardous waste

facilities and generators. The current grant work plan period has been
accepted for FY2008-

2009 with the grant funding awarded on an annual basis. Funding for the
next fiscal years is

unknown due to the current economic conditions.

Defense-State Memorandum of Agreement (DMSOA): This agreement supports
the work on

formerly used defense sites within the State. The FY2008 authorized
budget for DSMOA is

$280.8 and supports three FTEs.

Other State Funds

Other State Funds include Generator Fees, Hazardous Waste Permit Fees,
and other fees

collected through agreements. These funds are deposited in Fund 339
Hazardous Waste Permit

Fees and are funded as follows:

a. Generator Fees

1. HWB is authorized for $262.3 for FY2009. This program supports three
FTE’s.

2. Balances in the fund are appropriated to the division for the sole
purpose of

meeting necessary expenses in the administration and operation of the
hazardous waste program.

3. A hazardous waste generation fee is applicable to any business
generating

hazardous waste, and is based on the quantity of hazardous waste
generated annually; however,

when any material listed in Paragraph (2) of Subsection I of Section
74-4-3 NMSA 1978 is

determined by the board (EIB) to be subject to regulation under Subtitle
C of the federal

Resource Conservation and Recovery Act (RCRA), the board may set a
generation fee for that

waste based on its volume, toxicity, mobility and economic impact on the
regulated entity.

4. Fee revenues average approximately $260.0 per annum. Fees are
expected to

decline due to the number of decreasing SQG’s and generators becoming
CESQG’s. Funding

through FY2010 will be limited and the program may be forced to seek
other funding sources to

support the program.

b. Hazardous Waste Permit Fees:

1. HWB is authorized for $1,331.1 for FY2009 Budget, which supports nine
FTE’s.

2. Balances in the fund are appropriated to the division for the sole
purpose of

meeting necessary expenses in the administration and operation of the
hazardous waste program.

3. Fees collected pursuant to Subsection F of Section 74-4-4.2 NMSA 1978
are

supported by three types of permit fees. Annual Fess based on the number
of hazardous waste

management and corrective action units at facilities; permit application
fees; and document

review fees assessed on corrective action and other documents reviewed
by the agency. Annual

Fees are assessed annually; permit application fees are assessed only
when an application is

deemed complete; and document review fees are assessed only when an
eligible document is

reviewed by the agency as provided within the fee regulations. Because
the Annual Fees are

generated based on a unit count for each facility, only those receipts
are reasonably predictable.

4. Funding for this program is cyclical due to the ten-year permitting
action that

takes place. Funding through FY09 will be limited and HWB seeks
agreements with the

facilities to support bureau activities. Both WIPP, LANL and SNL
currently maintain fee

agreements with NMED under the authority of the HWA in association with
the Hazardous

Waste Management Fee Regulations, 20.4.2 NMAC.

WIPP Fees:

1. HWB is authorized for $604.9 for the FY2009 Budget. This program
supports

five FTE’s.

2. NMED and WIPP have mutually agreed to fund specific activities (staff
and

associated overhead) that assist NMED in maintaining and staffing
personnel to specifically

work on the WIPP permit and associated activities. Mandatory meetings
(WIPP Audits) are held

approximately every month and require attendance by NMED at various DOE
facilities. The

purpose of having dedicated staff to the DOE WIPP ensures that staff is
trained and aware of the

frequent facility changes.

3. The funding and expenditures for this agreement is specific and holds
NMED

strictly accountable.

LANL Fees:

1. HWB is authorized for $1,177.1 for the FY2009 Budget. This program
supports

ten FTE’s.

2. As of September 27, 2005, HWB and Department of Energy-Los Alamos

National Laboratory (DOE-LANL) entered into a Memorandum of Agreement
(LANL MOA)

for funding purposes. The LANL MOA outlines specific funding provided by
DOE-LANL for

the purpose of supporting HWB permit writing, inspections and corrective
action measures that

pertain to LANL. This agreement is very similar to the WIPP agreement
and supports specific

activities. These agreements help pave a way for the facilities to meet
deadlines for corrective

action and permitting as governed by RCRA Subtitle C.

3. Future funding impacts are evaluated and negotiated annually between
LANL and

NMED.

SNL Fees:

1. HWB is authorized for $258.4 for the FY2009 Budget. This program
supports

two FTE’s.

2. As of FY2008, HWB and the Department of Energy-Sandia National
Laboratories

(DOE-SNL) entered into an agreement for funding purposes similar to the
WIPP agreement and

supports permitting and corrective action activities at SNL.

3. Future funding impacts are evaluated and negotiated annually between
SNL and

NMED.

Emergency Fund

The Emergency Fund is established from the collection of penalties from
compliance and

enforcement actions. This fund is used for abandoned hazardous
substances that are handled on

an emergency basis, to lessen the resulting hazards that may present
endangerment to humans.

This fund is restricted for specific substance incidents as outlined in
the HWA and authorized for

use only by the Secretary. HWB is authorized for $261.3 for the FY2009
Budget. This program

supports one FTE.

V. STATE PROCEDURES, PERMITTING PROGRAM AND COORDINATION WITH

OTHER AGENCIES

V.A. Regulatory Development

The development of regulations within New Mexico includes many steps.
The primary reason to

update the HWMR is to continue to provide equivalency with the federal
program. In updating the

HWMR, the NMED reviews the rules that are provided by EPA to determine
if they are required to

maintain the HWMP, or if they are optional rules. After determining
which rules to adopt, NMED

drafts proposed amendments to the HWMR.

The following outline is that of the EIB – Rulemaking Procedures,
20.1.1 NMAC. These

rulemaking procedures can be found at www.nmcpr.state.nm.us under Title
20, Environmental

Protection. The rulemaking procedures also corresponds to the
requirements of the HWA,

specifically 74-4-5, Adoption of regulations; notice and hearing. These
rules provide for the

amendments to the HWMR from the prehearing procedures through the final
decision by the EIB.

To ensure that all of the rules are followed the HWA and the EIB
rulemaking procedures should be

advised. Please also refer to II.A.2, as it provides a summary regarding
recent EIB adoption of the

HWMR.

The NMED files a petition with the EIB to schedule a hearing. At the
next EIB meeting that occurs

within 15 days but no more than 60 days after filing the petition the
EIB determines whether or not

to hold a public hearing on the proposed regulations. The NMED may
provide details relating to the

petition for a hearing on the proposed regulations at the meeting.

If the EIB determines to hold a public hearing on the petition, it may
issue such orders specifying

procedures for conducting the public hearing, in addition to those
provided in the EIB - Rulemaking

Procedures, 20.1.1 NMAC, as may be necessary and appropriate to fully
inform the EIB of the

proposed regulations. Such orders may include requirements for giving
additional public notice,

holding pre-hearing conferences, filing direct testimony in writing
prior to the hearing, or limiting

testimony or cross-examination.

Upon granting of the public hearing, the EIB provides public notice of
the hearing at least sixty

(60) days prior to the hearing date. Public notice shall include
publication in at least one

newspaper of general circulation in the State, publication in the New
Mexico Register, and such

other means of providing notice as the EIB may direct or are required by
law. The EIB shall also

make reasonable efforts to give notice to persons who have made a
written request to the EIB for

advance notice of regulatory change hearings. Requests for such notice
shall be addressed to the

EIB Administrative Secretary, and shall designate those areas of EIB
activity that are of interest.

The public notice of the hearing shall state: 1) the subject, including
a description of the

proposed regulatory change, time, and place of the hearing; 2) the
statutes, regulations, and

procedural rules governing the conduct of the hearing, usually the EIB
– Rulemaking

Procedures, 20.1.1 NMAC; 3) the manner in which persons may present
their views or evidence

to the Board; 4) the location where persons may secure copies of the
proposed regulatory

change; and 4) that the EIB may make a decision on the proposed
regulatory change at the

conclusion of the hearing.

A notice of intent to present technical testimony may be filed by any
person, including the

petitioner, usually NMED, who intends to present technical testimony at
the hearing shall. This

occurs no later than ten (10) days prior to the hearing. The notice of
intent must include the: 1)

identify the person for whom the witness or witnesses will testify; 2)
identify each technical

witness the person intends to present and state the qualifications of
the witness, including

educational and work experience; 3) if the hearing will be conducted at
multiple locations,

indicate the location or locations at which the witnesses will be
present. The amendment of rules

usually occurs only in Santa Fe; 4) summarize or include a copy of the
direct testimony of each

technical witness and state the anticipated duration of the testimony of
the witness; 5) include the

text of any recommended modifications to the proposed regulatory change;
and 6) list and

describe, or attach, all exhibits anticipated to be offered by that
person at the hearing.

The Hearing Officer may enforce the provisions of the rulemaking
procedures as he deems

appropriate, including but not limited to exclusion of the technical
testimony of any witness for

whom a notice of intent was not timely filed. If such testimony is
admitted, the Hearing Officer

may keep the record open after the hearing to allow responses to such
testimony.

Any member of the general public may testify at the hearing. No prior
notification is required to

present non-technical testimony at the hearing. Any such member may also
offer exhibits in

connection with his testimony, so long as the exhibit is not unduly
repetitious of the testimony.

A member of the general public who wishes to submit a written statement
for the record, in lieu

of providing oral testimony at the hearing, shall file the written
statement prior to the hearing, or

submit it at the hearing.

At the hearing, the rules of civil procedure and the rules of evidence
shall not apply. The

Hearing Officer shall conduct the hearing so as to provide a reasonable
opportunity for all

persons to be heard without unnecessary repetition. The hearing shall
proceed with an opening

statement from the Hearing Officer, stating the nature and subject
matter of the hearing and

explain the procedures to be followed. The Hearing Officer may allow a
brief opening statement

by any person who wishes to make one. Unless otherwise ordered, the
petitioner shall present its

case first followed by other participants as establish during the
hearing. The order of

presentation may be based upon notices of intent to present technical
testimony, sign-in sheets

and the availability of witnesses who cannot be present for the entire
hearing. If the hearing

continues for more than one day, the Hearing Officer shall provide an
opportunity each day for

testimony from members of the general public. Members of the general
public who wish to

present testimony should indicate their intent on a sign-in sheet. The
Hearing Officer may allow

a brief closing argument by any person who wishes to make one. At the
close of the hearing, the

Hearing Officer shall determine whether to keep the record open for
written submittals in

accordance with <IP_ADDRESS>4 NMAC. If the record is kept open, the Hearing
Officer shall

determine and announce the subject(s) on which submittals will be
allowed and the deadline for

filing the submittals.

All testimony will be taken under oath or affirmation. The Hearing
Officer shall admit any

relevant evidence, unless the Hearing Officer determines that the
evidence is incompetent or

unduly repetitious. Any person who testifies at the hearing is subject
to cross-examination on

the subject matter of his or her direct testimony and matters affecting
his or her credibility. Any

person attending the hearing is entitled to conduct such
cross-examination as may be required for

a full and true disclosure of matters at issue in the hearing. The
Hearing Officer may limit crossexamination

to avoid harassment or intimidation.

Any person offering an exhibit shall provide the required number of
copies plus a reasonable

number of additional copies for persons attending the hearing. All
exhibits offered at the hearing

shall be marked with a designation identifying the person offering the
exhibit and shall be

numbered sequentially. Large charts and diagrams, models and other bulky
exhibits are

discouraged. If visual aids are used, legible copies shall be submitted
for inclusion in the record.

Unless specified by the EIB, a verbatim transcript shall be made of the
hearing. The cost of the

original Transcript of Proceeding and of providing a copy for each EIB
member and the EIB's

counsel shall be borne by the petitioner. This would usually be the
NMED. Any person may

obtain a copy, at their cost, of the Transcript of Proceeding and may do
so directly from the court

reporter.

A Hearing Officer’s report of the hearing may be compiled. If so, the
report shall identify the

issues addressed at the hearing, explain the testimony, and make a
recommendation for EIB

action and shall be filed with the Administrative Secretary within the
time specified by the EIB.

The Administrative Secretary shall notify each participant that the
Hearing Officer's report has

been filed and shall provide a copy of the report upon request.

If a quorum of the EIB attended at the hearing, and if the hearing
notice indicated that a decision

might be made at the conclusion of the hearing, the EIB may immediately
deliberate and make a

decision on the proposed regulatory change. Also, the EIB may reach its
decision on the

proposed regulatory change within sixty (60) days following the close of
the record. The EIB

shall issue its decision on the proposed regulatory change in a suitable
format, which shall

include its reasons for the action taken. The Administrative Secretary
shall provide notice of the

EIB's action to each of the participants, and to all other persons who
have made a written request

to the EIB for notification of the action taken.

Upon completion of the hearing and the final decision of the EIB, the
final rule will be published and

noticed in the New Mexico State Register. The amended regulation adopted
by the board shall

become effective thirty days after filing under the State Rules Act,
NMSA 1978, Chapter 14, Article

4.

V.B. Notification

Generators, transporters, and treatment, storage, and disposal
facilities that manage hazardous

wastes in New Mexico are required to file a notification of their
activities with the NMED if they

have not previously notified EPA pursuant to Section 3010 of RCRA or the
NMED. The authority

of requiring generators to comply with reporting and record keeping
procedures is found in the New

Mexico Hazardous Waste Act, NMSA 1978, Sec. 74-4-4 B, as amended. The
NMED requires the

use of the EPA Notification of Generating Hazardous Waste, U.S. EPA Form
8700-12 and can be

found at www.epa.gov/epaoswer/hazwaste/data/form8700/forms.htm. The NMED
enters the

information into the RCRA Info database. A number is generated from the
RCRA Info database and

assigned to the generator. The generator is then notified of the EPA ID
number.

V.C. Manifest Tracking System

V.C.A. Manifest Requirements

With the incorporation of the federal regulations governing handling of
hazardous waste, the

manifest requirements imposed by the NMED are identical to those of EPA.
This includes proper

preparation of the manifest form; filing exception reports when a signed
copy of the manifest has not

been returned to the generator within the set time frame; filing a
manifest discrepancy report when

significant discrepancies exist between what is listed on the manifest
and what is delivered to the

facility; and filing a report providing all required information for
wastes that are received for

treatment, storage and/or disposal not accompanied by a manifest.

The NMED requires the use of the Uniform Hazardous Waste Manifest or
similar form that provides

all required information.

In the event that the NMED receives an Exception Report, is notified of
a manifest discrepancy or

discovers any manifest irregularities during compliance inspections,
every attempt shall be made to

resolve the irregularities. This shall include notification of the
appropriate state agencies where

these irregularities involve interstate shipments of hazardous waste.

Exception Reports

In the event that an Exception report is received by the NMED, the
following standard procedures

are followed:

In incidents involving the inter-state transport of shipments of
hazardous waste, the initial response

of the NMED will be the notification of the appropriate state
environmental agency in the state to

which the shipment was originally designated, or EPA in the case of a
state which does not operate

an authorized RCRA program. This initial response shall provide, via
telephone conversation, the

concerned state agency or EPA, with all information which has been
received by the NMED which

has lead to the filing of an Exception report including:

1) a description of the efforts taken by the generator to locate the
shipment of hazardous waste

and the results of those efforts;

2) a synopsis of all pertinent information contained on the manifest
which has been received in

conjunction with the Exception Report and,

3) any other information the NMED may have in its files concerning the
past practices of the

involved generator, any correlation of the hazardous waste manifested
and those previously

shipped by the generator any information relating to the identified
transporter.

Copies of the Exception Report and the accompanying manifest shall be
provided to the concerned

state agency or EPA as soon as possible along with any other information
that may contribute to the

resolution of the Exception Report. After this initial notification of
any other authorized state

agencies or EPA the NMED will continue its investigation of the
submitted Exception Report. As

relevant information becomes available, it again will be related to the
appropriate state agency or

EPA as soon as possible. Incidents involving intra-state shipments of
hazardous waste shall be

handled by the NMED, with the support of any other state agencies as may
be appropriate, and as is

outlined below.

Following the initial receipt of an Exception Report and the
notification of any other authorized state

agency or EPA in the case of inter-state shipment. The NMED shall begin
the preparation of a case

file involving the received Exception Report. This shall involve the
review and compilation of any

pertinent data the NMED may currently have on file as to the past
activities of the generator in

question. Once the preliminary file has been established, the NMED will
initiate a compliance

monitoring inspection of the generator that has submitted the Exception
Report to vent the

information received and to examine past manifesting practices,
transporters contracted with, and

previously designated TSD facilities.

If the transporter(s) indicated on the manifest is a New Mexico based
transporter, the NMED will

also conduct a compliance monitoring inspection of the transporter(s) in
question to again examine

and review any appropriate records on file. If the transporter(s) is
based in a state other than New

Mexico, and since the Exception Report received may involve the
violation of NMSA 1978 Sec. 74-

4-4.A(3), and may be subject to the penalties contained in Section
74-4-11 & 12 NMSA 1978, the

NMED may request the assistance of the New Mexico State Police and the
New Mexico Department

of Transportation insofar as their assistance may lead to the
identification and location of any

transporter which may or may not be licensed to operate in the State of
New Mexico.

If the TSD facility designated on the manifest is located in the State
of New Mexico, the NMED will

also conduct a compliance monitoring inspection of said facility in
order to examine and review any

documents or records which describe any previous involvements the
facility may have had with the

generator in questions and to determine what, if any, involvement the
facility may have previously

had with the designated transporter(s).

Operating under these procedures it is expected that the NMED shall be
able to expediently resolve

any submitted Exception Report concerning intra-state shipments of
hazardous waste and to provide

effective support to any other state agency or EPA in the case of
shipments involving inter-state

transport.

Manifest Discrepancies

In the event that a notification of a manifest discrepancy is received
by the NMED, the following

procedures will be followed.

Following the receipt of a manifest discrepancy report, the NMED shall
begin the preparation of a

case file concerning said report. The case file shall initially be
developed using any information the

NMED may currently have on file describing the past activities of the
involved generator and

transporter(s), as applicable.

After the preliminary case file has been developed the NMED shall
perform a compliance

monitoring inspection of the TSD facility in question to verify the
information submitted in the

manifest discrepancy report and to examine and review any other
pertinent documents and records

which may relate to the incident in question, and/or which may describe
any previous relationship(s)

the facility may have had with the indicated generator and
transporter(s). During the course of any

such inspection the NMED may collect samples of the waste shipment in
question if it is deemed

necessary to further corroborate the information already received.

If the indicated generator and transporter(s) are located in the State
of New Mexico, the NMED will

also perform inspections of said generator and transporter(s) in order
to examine and review any

documents or records which may relate to the reported incident and which
may have a bearing on

such items as waste type(s) generated, past shipments of hazardous
waste, and previously designated

TSA facilities. Such inspections may require interviews if permissible
with involved employees,

drivers, etc., as to their part in the initiation and transportation of
the hazardous waste shipment

under investigation.

If the indicated generator and transporter(s) are located out of state,
the NMED may request the

assistance of the appropriate state agency or EPA in the case of any
unauthorized state, in

determining the validity of any information previously received in the
manifest discrepancy

notification. This will also serve to alert the appropriate state agency
or EPA to possible

irregularities in shipping and manifest requirements in the state of
origin.

Through such investigations, it is expected that the NMED shall be able
to reconcile those manifest

discrepancies, reported to it and/or expose any intentional or
accidental falsifications made

concerning the shipment, transportation and receipt of the hazardous
waste in question.

V.D. Coordination of Information Regarding Interstate and International
Shipments

The HWMR, <IP_ADDRESS>0 incorporates 40 CFR 262 providing for the
requirements of international

agreements between the United States and receiving countries which
establish different notice,

export, and enforcement procedures for the transportation, treatment,
storage and disposal of

hazardous waste for shipments between the United States and those
countries. Any issues that arise

from concerns of manifest relating to international shipments will be
forwarded to and be

coordinated with the EPA.

V.E. Permitting

General Permitting Program Description

The permitting process will insure that all facilities subject to the
provisions of the New Mexico

Hazardous Waste Act, Sec. 74-4-1 et. seq., NMSA 1978, will be required
to have a permit issued by

the Department pursuant to the regulations.

A permit issued by the Department will be in accordance with the
regulations, and in a manner

consistent with 40 CFR 124. The permit will require the facility be
operated and maintained in

accordance with permit conditions, compliance schedules, monitoring
requirements and technical

standards necessary to insure the protection of the public health and
environment.

The State program provides for the modification, suspension and
revocation of any such permit

pursuant to the Hazardous Waste Act.

The State program allows at least 45 days for public comments and review
whenever a draft permit

or notice of intent to deny has been prepared. Typically the program
provides 60 days for public

comment on draft permits and other action requiring notice. During the
comment period, an

interested party may submit written comments to the Department and/or
request a public hearing. If

a public hearing is requested the NMED, acting in conjunction with the
applicant, respond to the

request in an attempt to resolve the issues giving rise to the
opposition. If such issues are resolved to

the satisfaction of the opponent, the opponent may withdraw the request
for a public hearing. If

significant changes were made to the draft permit to resolve such issues
a “new” draft permit will

subsequently be issued for a public comment period.

If a public hearing is requested, the Department will give at least a
30-day public notice prior to any

scheduled hearing. During the public hearing the permittee and NMED will
also be afforded the

opportunity to present testimony. Any interested person will be able to
submit comments and cross

examine witnesses. In addition to formal public hearings, an informal
public meeting is held during

the permit review process to educate the community and answer questions
about the permit.

A final decision by the Secretary becomes effective 30 days after notice
of a decision has been

served on the applicant or such time as the Secretary may specify.
Appeal of a permit decision may

be made to the Court of Appeals within 30 days after the decision.

Permitting Procedures

The procedures of the NMED for permitting and for administrative and
judicial review have not

changed since the last approved authorization. The NMED’s permitting
procedures are essentially

identical to those of EPA as found within 40 CFR 270, except that any
reference to 40 CFR 124

shall be construed to mean <IP_ADDRESS>1 NMAC with the exception of 40 CFR
124.31 through 124.33

as provided for in <IP_ADDRESS>2 NMAC, Reference to 40 CFR Part 124. The
State permitting process

will insure that all facilities subject to the provisions of the New
Mexico Hazardous Waste Act,

Sections 74-4-1 et. seq. NMSA 1978 as amended, will be required to have
a permit issued by the

Department. All permit modifications requests must also be public
noticed to allow the public to

provide comments and/or require a public hearing.

Any person who is required to have a permit shall complete and sign,
appropriate information

requirements and any other supplemental information which the Secretary
may deem necessary as

detailed in 40 CFR 270, incorporated by <IP_ADDRESS>0 NMAC. If an
application is found to be

incomplete, the applicant shall be informed by certified mail of the
deficiencies and the need for the

submission of the required information.

Once the application is complete, the NMED shall prepare and issue
either a draft permit or a notice

of intent to deny in accordance with the requirements detailed in
<IP_ADDRESS>1.A. The NMED will also

provide for a public notice and fact sheet of the action in accordance
with <IP_ADDRESS>1.C and D. If a

information repository is deemed appropriate it will be established in
accordance with <IP_ADDRESS>1.E

NMAC, incorporating 40 CFR 124.33.

Permit Modification, Renewal, Suspension and Revocation

The Secretary may modify, suspend or revoke a permit issued in
accordance with the requirements

detailed in <IP_ADDRESS>1.B NMAC. The Secretary shall public notice
issuance of a draft permit or a

notice of intent to deny, and of any public hearing scheduled in
accordance with the requirements

detailed in <IP_ADDRESS>1.C NMAC.

Fact Sheet

The Secretary shall prepare a fact sheet for every draft permit or a
notice of intent to deny in

accordance with the requirements detailed in <IP_ADDRESS>1.D NMAC. The fact
sheet shall provide the

basis for the principal facts and the significant legal, methodological
and policy questions considered

in preparing the permit.

Secretary’s Decision

Any person heard or represented at the hearing shall be given written
notice of the action of the

Secretary. The Secretary shall notify the applicant or permittee of
her/his decision and the reasons

therefore by certified mail in accordance with <IP_ADDRESS>1.G NMAC.

Interaction with Enforcement Personnel

During the review of the application and the drafting of the permit the
Permits Management Program

staff discuss issues relating to the applicant and the facility with
Compliance & Technical Assistance

Program staff. This coordination provides for a review of any past
compliance and other issues to

provide for an improved permit.

In the past two years the Permits Management Program staff have been
involved in compliance

evaluation inspections coordinated with the Compliance & Technical
Assistance Program staff for

permitted facilities. These coordinated and comprehensive inspections
provide staff from both

programs a complementary review of establishing compliance at a
facility.

Joint Permitting

Joint permitting by NMED and EPA is provided if the applicant requests
activities that NMED does

not currently regulated through the HWMR or for rules that are not
delegable to NMED. The

Memorandum of Agreement between the NMED and EPA provides for joint
permitting activities.

V.F Interim Facility Status

There are currently three facilities within New Mexico that have interim
status units: 1) U.S. DOE

Los Alamos National Laboratory, 2) U.S. DOE Sandia National
Laboratories, and 3) Giant Refining

Company – Bloomfield. These interim status facilities are currently in
the permitting process for

those units at these facilities to either be permitted or closed in
accordance with the appropriate

regulatory requirements.

Interim status procedures are authorized as outlined in <IP_ADDRESS>0 NMAC,
incorporating 40 CFR 270

Subpart G - Interim Status. There are no specific procedures that NMED
follows other than what is

provided for in the HWMR.

V.G. Biennial Reports

Biennial reports are required as part of the <IP_ADDRESS>0 NMAC,
incorporating 40 CFR 262.41. The

Biennial reports are required of a generator who ships any hazardous
waste off-site to a treatment,

storage or disposal facility within the United States must prepare and
submit a single copy of a

Biennial Report to the NMED by March 1 of each even numbered year. The
Biennial Report must

be submitted on EPA Form 8700-13A or via an electronic format approved
by NMED, and must

cover generator activities during the previous year, and must include
specific information. The

required information includes:

(1) The EPA identification number, name, and address of the generator;

(2) The calendar year covered by the report;

(3) The EPA identification number, name, and address for each off-site
treatment, storage, or

disposal facility in the United States to which waste was shipped during
the year;

(4) The name and EPA identification number of each transporter used
during the reporting year

for shipments to a treatment, storage or disposal facility within the
United States;

(5) A description, EPA hazardous waste number (from 40 CFR part 261,
subpart C or D), DOT

hazard class, and quantity of each hazardous waste shipped off-site for
shipments to a treatment,

storage or disposal facility within the United States. This information
must be listed by EPA

identification number of each such off-site facility to which waste was
shipped.

(6) A description of the efforts undertaken during the year to reduce
the volume and toxicity of

waste generated.

(7) A description of the changes in volume and toxicity of waste
actually achieved during the

year in comparison to previous years to the extent such information is
available for years prior to

1984.

(8) The certification signed by the generator or authorized
representative.

Any generator who treats, stores, or disposes of hazardous waste on-site
must submit a biennial

report covering those wastes in accordance with the provisions of 40 CFR
parts 270, 264, 265,

and 266. Reporting for exports of hazardous waste is not required on the
Biennial Report form.

A separate annual report requirement is set forth at 40 CFR 262.56.

This information is reported to EPA for compilation of the data into a
national database that is

made available to the public in the form of five reports: The National
Biennial RCRA Hazardous

Waste Report, List of Large Quantity Generators in the United States,
List of Treatment,

Storage, and Disposal Facilities in the United States, State Detail
Analysis, National Analysis,

and State Summary Analysis.

V.H. Groundwater Monitoring Inspections

Groundwater monitoring inspections are conducted, using as the basis for
the inspection, the EPA

guidance as provided in the EPA Comprehensive Groundwater Measures
Evaluation, and Operations

and Maintenance Manual. The inspection is also held in consultation with
the facility permit or

other enforceable document and for interim status units the 40 CFR 265
requirements, as

incorporated by <IP_ADDRESS>0 NMAC. Groundwater inspections occur at
permitted or interim status

facilities with hazardous waste management units that require
groundwater monitoring and detection

systems. The Permits Management Program and the Compliance & Technical
Assistance Program

perform groundwater-monitoring inspections.

During the comprehensive groundwater monitoring evaluation (CME), an
evaluation of the

adequacy of the design and operation of a facility's groundwater
monitoring system is conducted.

This evaluation is completed by competent staff with a hydrogeology
background and includes a

review of the owner and operator's characterization of the hydrogeology
underlying the

hazardous waste management units; monitoring well placement, depth, and
spacing; and well

design and construction. The CME is used to determine whether a facility
implementing

detection monitoring should instead be using compliance or assessment
monitoring. CMEs at

compliance or assessment monitoring facilities include a detailed
examination of the assessment

monitoring plan and implementation of the plan.

V.I. Waste Minimization/Pollution Prevention Program

Waste Minimization is promoted in several forms within NMED. The HWB
through its permits

provides language for waste minimization to provide goals for the
facilities to achieve in reducing or

eliminating the amounts of hazardous waste produced. Through inspections
and technical assistance

visits staff also look at processes that assist facilities to
potentially reduce hazardous waste

generation.

The NMED Pollution Prevention (P2) Office is dedicated to assisting New
Mexico businesses, local

governments and state agencies with pollution prevention issues. The P2
Office offers services such

as technical support, compliance and regulatory assistance, energy and
water conservation and

efficiency. The following services are available to help meet and go
beyond regulatory

requirements:

Technical assistance is available for businesses to help them use the
Green Zia tools and

implement pollution prevention. The Green Zia pollution
Prevention/Technical Resource Center

is administered through the Waste Management Education and Research
Consortium

<www.werc.net/> in collaboration with the Energy, Minerals and Natural
Resources Department

www.emnrd.state.nm.us/main/index.htm> and NMED as part of the Green Zia
Environmental

Excellence Program.

The Green Zia Environmental Excellence Program

<www.nmenv.state.nm.us/Green_Zia_website/index.html> is a public
recognition and technical

assistance program that acknowledges and supports businesses or
organizations with a vision and

desire to move towards environmental excellence and long-term
environmental and economic

sustainability. The Green Zia Program is based on the Malcolm Baldrige
Business Performance

Excellence Criteria and the Quality New Mexico program. It is the only
program of it's kind

nationally and helps participants integrate environmental decision
making into core business

practices.

In addition to the above, training and workshops, library resources, and
free waste assessments are

provided.

V.J. Availability of Information Procedures

The New Mexico Public Records Act can be found at:

http://www.nmag.gov/pdf/AGO%20IPRA%20Guide.pdf which is provided by the
New Mexico

State Attorney General Office and provides examples of public records
requests. The NMED

Public Records Policy (Attachment K) provide for the process of handling
information requests

within the NMED.

Availability of information is provided by NMED to EPA in accordance
with the Memorandum

of Agreement between NMED and EPA and as outlined in 40 CFR 273.

V.K. Appeal Procedures

The HWA within Section 74-4-4.14(A) provides that any person adversely
affected by a decision of

the Secretary concerting the issuance, modification, suspension or
revocation of a permit may appeal

such decision by filing a notice of appeal with the court of appeals
within thirty (30) days after the

date the decision is made. In accord with NMSA 1978, Sec. 74-4-4.14(C)
the Court of Appeals shall

set aside the decision of the Secretary only if found to be: 1)
arbitrary, capricious or an abuse of

discretion; 2) not supported by substantial evidence; or 3) otherwise
not in accordance with law.

VI. COMPLIANCE MONITORING AND ENFORCEMENT

The goal of the Compliance & Technical Assistance Program (C&TAP) of the
NMED has not

changed since the last authorization. The C&TAP continues to achieve and
maintain an efficient

rate of compliance within the regulated universe by establishing a
comprehensive inspection

program and taking timely and effective enforcement actions against
violators. The commitments

for inspections by NMED are negotiated through the EPA 3011 RCRA Grant.

An effective and efficient enforcement and compliance monitoring section
is essential to the success

of the State’s HWMP. The C&TAP, as outlined in this section, contains
the remedies for violations

of State program requirements as set forth in 40 CFR 271.16 and are made
available by the HWA,

74-4-1, and the HWMR.

The focus of the C&TAP is to conduct Compliance Evaluation Inspections
(CEI) at facilities that are

involved in the generation of, treatment of, storage of, disposal of,
and the transportation of

hazardous waste within the State of New Mexico, and to ensure compliance
with the regulatory

requirements and permits. CEI’s are conducted at privately owned
businesses, state agencies’ and

federal facilities. All CEI’s require a document review and a walk
through of the facility. To assist

the inspectors during the inspection, a checklist is filled out along
with a violation worksheet on

violations found. Pictures are taken of violations unless there are
special conditions. A detailed

written description of the violation(s) is required.

The NMED continues its attempt to adhere to the time frames for
enforcement actions specified in

the current EPA Enforcement Response Policy (ERP) and the multi-year
EPA/NMED Enforcement

Memorandum of Understanding (MOU). Generally, 180 days for formal
enforcement against

Significant Non-Compliers (SNC), and 180 days from the first day of
discovery of exceedence with

the compliance schedule (and extensions granted) established through the
informal enforcement

action, such as a Notice of Violation (NOV), resulting in escalation to
formal enforcement, if

necessary or appropriate, through an Administrative Compliance Order
(CO). In those

circumstances in which the NMED determines it cannot meet a specified
time frame, it makes every

effort to notify the EPA in advance of the deadline with a specification
of the reason(s) for the delay.

The NMED identifies violations of RCRA hazardous waste requirements by
three primary means:

inspections, periodic record reviews (e.g. manifests), and complaints
(as verified by subsequent

investigations or inspections). The NMED utilizes numerous inspection
checklists to identify

violations, including the Land Disposal Restriction checklist, when
performing inspections at

hazardous waste handler sites. Once a violation is identified, it is
recorded by entry into the EPA

RCRA Information database. Violations are documented by the issuance of
a NOV for most

violations and by the issuance of an Administrative Compliance Order for
SNCs. When either an

NOV or CO is issued, compliance is tracked by RCRA Info, until
resolution.

Administrative Compliance Orders with penalties are the means commonly
used to address SNCs.

NOVs are issued to lesser violators, with an administrative order
subsequently issued if necessary.

The HWA, 74.4.11, provides the NMED to bring criminal actions against
person violating the

statute. Action may also be referred to the State Attorney General
office for criminal prosecution.

Fines of up to $25,000.00 per day per violation are authorized in
administrative, civil and criminal

actions; additionally, the most serious violations (e.g. illegal
disposal), if committed knowingly and

willfully, are classified as second degree felonies with a sentence of
up to 9 years, fined up to

$100,000, or both.

Once any type of order is issued to a facility, it is tracked by the
above-mentioned tracking

mechanism until resolution. Verification of compliance is usually
accomplished by either requiring

the violator to submit appropriate documentation to demonstrate
compliance, by a follow-up

inspection or a combination of both.

In addition to acting upon incidents of non-compliance identified by EPA
or the HWB inspection

program, public input is also accepted and evaluated. Information
regarding suspected hazardous

waste violations brought to the NMED’s attention will be directed to
the HWB. The validity of the

alleged violation will then be investigated. The investigation can,
include but not be limited to,

reconnaissance and surveillance by NMED staff, personal interviews with
the complainant and

communications with interviews with other Federal, State and local law
enforcement, transportation

and environmental agencies. If deemed necessary, an inspector from the
HWB may be sent to the

alleged site of noncompliance to conduct an inspection. During such
investigations and inspections,

appropriate samples may be collected if necessary, and other procedures
contained in the EPA

RCRA Inspection Manual and appropriate NMED procedures, so that any
evidence will be

admissible in a court enforcement proceeding.

VI.A. Determination of Violations and Enforcement Proceedings

The normal enforcement procedure will involve:

1. The determination of a violation based on any information received or
detected by the HWB,

or provided by EPA.

Violations, other than those which pose an imminent hazard, will be
considered on a case-by-case

basis considering such criteria as:

a. the type and number of violations;

b. potential for adverse impacts;

c. past compliance records and responsiveness of an offender;

d. anticipated time required for correction’

e. whether the violation is a continuation of a violation previously
subject to

enforcement action; and

f. whether the facility has notified of its hazardous waste activity.

2. Once the gravity of the violation is determined enforcement actions
will proceed as follows:

a. For those violations which may create an imminent hazard to public
health or the

environment in which immediate action is required, the NMED would pursue
enforcement

actions under NMSA 1978, Sec. 74-4-13, which provides the authority to
immediately

restrain any activity leading to that condition either through suit in
district court or through

the issuance of other orders.

b. Enforcement action would, otherwise, proceed with notification by
NMED to the

violator of its failure to comply with such requirements. A compliance
order will be issued

and penalties will be issued to all high priority violators as described
in the NMED’s penalty

policy. Enforcement action would proceed with notification by the HWB to
the violator of

his failure to comply with such requirements. As soon as reasonably
possible, but at least

within thirty (30) days of any detected violation, a Notice of
Violation, or Administrative

Compliance Order, shall be sent via certified mail to a facility.

The NOV shall state the number and types of violations, along with the
appropriate regulatory

and/or statutory citations, and shall direct the offender to correct
such violations within fifteen (15)

days.

If such violation extends beyond the fifteenth (15th) day after receipt
of notification, the NMED,

pursuant to NMSA 1978, Sec. 74-4-10, may issue a CO requiring compliance
within a specified time

period or may commence civil action in district court for appropriate
relief, including a temporary or

permanent injunction.

Any order issued by the NMED will become final unless, no later than
thirty days after the order is

served, the person or persons named submits a request for a hearing. The
Rules Governing Appeals

From Compliance Orders Under the Hazardous Waste Act and the Solid Waste
Act govern all

adjudicatory proceedings for the issuance of compliance orders under
HWA, NMSA 1978, Sec. 74-

4-10.

Should the situation arise, however, that satisfactory corrective action
does not result in any of the

situations described above, the NMED shall proceed with escalation of
legal action. If the violator is

a holder of a permit, administrative proceedings could be commenced to
suspend or revoke the

permit of the violator.

This will allow the establishment of a strict time frame for effecting
all necessary actions.

Negotiations and compliance scheduling, as previously described above
will be employed whenever

possible to limit litigation.

3. The NMED is organized in such a manner that there is considerable
inter-communication

between the respective Bureaus that routinely administer the programs,
which affect the regulated

community. The NMED is also able to maintain a high-profile throughout
the state by the staffing

of twenty-one (21) permanent field offices. It is believed that this
wide interaction with the public

and private sectors will enable the NMED to effectively identify and
subject any person to

regulation who has failed to comply with the permit application, or
notification requirements or who

may be subject to such requirements in the future.

Routinely, facilities applying for any NMED permit will be evaluated for
their status under the

Hazardous Waste Bureau’s regulatory scheme. In addition, all NMED
personnel are asked to inform

the HWB of observations they have made of facilities that may be
circumventing the applicable

program requirements.

VI.B Legal Remedies

The New Mexico Hazardous Waste Act gives the NMED the authority to
conduct investigations and

inspections; to hold hearings, to enter upon public or private property
for investigations or surveys;

to institute proceedings in any court of competent jurisdiction to
compel compliance with any

violation of the Act or Regulations as issued thereto; and to bring suit
in the appropriate district

court to immediately restrain any person who may be handling, storing,
treating, transporting and/or

disposing of any solid waste or hazardous waste in such a manner that it
may present an imminent

and substantial danger to human health or the environment.

Section 74-4-4.2D.G allows the Secretary to modify, suspend or revoke
any permit issued under the

Hazardous Waste Act for:

1. Violation of any permit condition;

2. Misrepresentation of, or failure to fully disclose, all relevant
facts and information in

obtaining the permit;

3. Violation of any provision of the Hazardous Waste Act or any
regulation promulgated

pursuant to it; or

4. In the case of research, development and demonstration permits, upon
the determination that

termination is necessary to protect human health and the environment.

Section 74-4-11, provides for criminal penalties of not more than ten
thousand dollars ($10,000) or

imprisonment for a definite term not less than one year, or both. If the
conviction is for a violation

committed after a first conviction of such person under this section,
the person shall be punished by

a fine of not more than twenty-five thousand dollars ($25,000) per day
of violations, or by

imprisonment of not more than two years, or both.

Section 74-4-12 provides for civil penalties of up to ten thousand
dollars ($10,000) for each day

during any portion of which a violation occurs.

Section 74-4-13 provides that whenever the director is in receipt of
evidence that the handling,

storage, treatment, transportation or disposal of any solid waste or
hazardous waste may present an

imminent and substantial danger to health or the environment, he may
bring suit in the appropriate

district court to immediately restrain any person contributing to such
activity or to take such other

action as may be necessary.

Section 74-4-14 provides that any person who is or may be affected by
any final administrative

action of the board or the secretary may appeal to the Court of Appeals
for further relief within thirty

days after the action. All appeals shall be upon the record before the
board or the secretary.

The assessment of penalties shall be determined by the HWB in
conjunction with the Office of

General Counsel. New Mexico has incorporated the RCRA Civil Penalty
Policy as a guidance

document for use in the assessment of policies.

In addition to the investigations of citizen complaints, public
participation in enforcement actions is

also provided for by Rule 24(a) of the New Mexico Rules of Civil
Procedure, SCRA, 1-024(a) which

allows for interventions of right in civil actions in the state district
court. SCRA 1-024(a) is similar

to Rule 24(a) of the Federal Rules of Civil Procedure.

VI.C. Compliance Monitoring

The HWB compliance monitoring activities will be divided into the
following major categories: 1)

Inspection of hazardous waste generators transporters, and TSD
facilities; 2) Review of generator

and facility reports required to be submitted to the state; 3) Review
and approval of facility plans

such as the contingency plan, groundwater monitoring data, financial
assurance, requests for

waivers, and closure and post-closure plans; 4) Provide essential
monitoring support in the event of

violations and emergency situations; 5) Conducting a non-notifier
program using the standard

procedures outlined in the inspection and enforcement sections of this
document; and 6) Manifest

Tracking.

1. Routine Inspections

The HWB provides for periodic, routine inspections of all facilities and
activities subject to the

hazardous waste regulations in order to:

a. determine compliance or non-compliance with interim status standards,
issued permit

conditions and other program requirements;

b. verify the accuracy of information submitted by permittee and other
regulated

persons; and

c. allow collection of samples for analysis during routine monitoring as
necessary.

Routine inspection schedules and facilities to be inspected are
determined by the program and

negotiated annually during the grant negotiations. Routine compliance
inspections will be

conducted without prior notification unless circumstances dictate
otherwise.

Personnel engaged in compliance inspections have been delegated the
authority to enter any site or

premise subject to regulation. Access and view records relevant to the
program are kept in order to

gain access to pertinent records, inspect, monitor or otherwise
investigate compliance with the State

program, including compliance with permit conditions and other program
requirements (NMSA

1978, Sec. 74-4-4.3).

2. Inspection Procedures

Inspections of hazardous waste facilities, generators and transporters
shall vary according to facility

type. During the course of routine compliance inspections, if it is
deemed necessary to collect

samples of waste material(s) and/or groundwater monitoring samples, they
will be collected in

accordance with the latest edition of SW-846 - Test Methods for
Evaluating Solid Waste-

Physical/Chemical Methods.

Laboratory analysis will be conducted at a private contract laboratory
except for samples collected in

conjunction with emergency response activities. All samples will be
handled and analyzed using

EPA approved methods.

Routine inspection procedures shall include but not be limited to an
in-briefing to inform and

acquaint the facility with the purpose of the inspection and the actions
to be taken, and a review of

all documents maintained by NMED as well as all documents required to be
maintained at the

facility by the regulations. The NMED inspection personnel to ensure
their physical presence will

review these documents and that all required entries are up-to-date.
Reviewed documents shall

include knowledge of process documentation, operating records, waste
analysis plans, inspection

records and logs, contingency plans, financial assurance documentation,
ground-water monitoring

plans, manifest and biennial reports, as applicable.

3. Site Inspections

A visual site inspection of all waste management units and surrounding
areas shall be conducted.

Items to be checked shall include physical condition of waste management
units, evidence of

discharges, segregation schemes, containment devices, emergency and
security equipment, etc.

Also, storage vessels are inspected to ensure that proper labeling and
dating is provided. If potential

violations are found, a violation worksheet, in addition to field notes
in a logbook, is completed in

order to record important information as to the specifics of the
potential violation, such as the

number of containers, the type of waste, the specific location, and how
long the potential violation

has existed. Employee comments are also documented. Photographs are
taken when possible to

record the potential violation. In some instances, a sample will be
collected to verity the existence

of hazardous waste and to identify the hazardous constituents involved.

Upon completion of the on-site inspection an out-briefing will be held
with the facility to summarize

the inspection procedures that were followed and point out any
preliminary indications of noncompliance.

The inspector may also amplify the need to correct any major instances
of noncompliance.

4. Inspection Review

The inspector after completion of the inspection shall prepare an
inspection report that shall include

a brief description of the facility, the findings of the inspection, the
violations noted with the

appropriate regulatory citations, and the enforcement action deemed
necessary.

5. Inspection Frequency

Inspection frequency will be in accordance with established EPA guidance
and as agreed upon

during grant negotiations.

6. Non-routine Inspections

Unscheduled inspections will be conducted in response to possible cases
non-compliance, and in

response to citizen complaints. Non-routine inspections may also be
necessary to verify sampling

data submitted by facilities. Typically, non-routine inspections will
fall into the following

categories: a) reported incident of violations/non-compliance; b)
suspected incidents of

violations/non-compliance; non-notifier activities; c) complaint
inspections; and d) sampling

inspections.

The need for non-routine inspections may be determined by routine
program activities, record

reviews, citizen complaints and results of the inspections.

Inspections of possible non-notifiers will routinely be scheduled
whenever new information

indicating the need is discovered.

Sampling inspections may result after review of facility records as
dictated by new information

concerning facility operations.

7. Follow-up Inspections

Follow-up inspections to ensure correction of the detected violations
will be conducted before, or as

soon as deemed necessary, following any designated compliance data. This
will depend on the

speed of facility response and/or anticipated time of correction.

Follow-up will be prioritized according to type and number of violations
detected.