(a) The State of New Mexico is approved to administer and enforce an underground storage tank program in lieu of the federal program under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the New Mexico Environmental Improvement Board, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the New Mexico program on August 21, 1990 and it was effective on November 16, 1990.
(b) New Mexico has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.
(c) To retain program approval, New Mexico must revise its approved program to adopt new changes to the federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If New Mexico obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.
(d) New Mexico has final approval for the following elements submitted to EPA in New Mexico's program application for final approval and approved by EPA on August 21, 1990. Copies may be obtained from the Underground Storage Tank Program, New Mexico Environmental Improvement Board, 1190 St. Francis Drive, Santa Fe, NM 87503.
(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) New Mexico Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.
(B) New Mexico Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.
(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.
(A) The statutory provisions include:
(1) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement.
(i) Article 4: Hazardous Wastes. 74-4-4.2 Permits; Issuance; Denial; Modification; Suspension; Revocation74-4-4.3 Entry; Availability of Records74-4-10 Enforcement; Compliance Orders; Civil Penalties74-4-11 Penalty; Criminal74-4-12 Penalty; Civil74-4-13 Imminent Hazards; Authority of Director; Penalties74-4-14 Administrative Actions; Judicial Review
(ii) Article 6: Water Quality. 74-6-7 Administrative Action; Judicial Review74-6-10 Penalties Enforcement; Compliance Orders; Penalties; Assurance of Discontinuance74-6-10.1 Civil Penalties74-6-10.2 Criminal Penalties74-6-11 Emergency; Powers of Delegated Constituent Agencies; Penalties
(iii) Article 6B: Ground Water Protection. 74-6B-5 Department's Right of Entry and Inspection
(B) The regulatory provisions include:
(1) State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations.
(i) Part X: Administrative Review. Sec. 1000 Informal ReviewSec. 1001 Review By the Director on Written MemorandaSec. 1002 Public Participation
(2) New Mexico Rules Governing Appeals From Compliance Orders Under the Hazardous Waste Act and the Solid Waste Act.
(i) Part I: General Provisions. Sec. 101 AuthoritySec. 102 Scope of Rules; Applicability of Rules of Civil ProcedureSec. 103 DefinitionsSec. 104 Use of Number and GenderSec. 105 Powers and Duties of the Director, Hearing Officer, and Hearing ClerkSec. 106 Computation and Extension of TimeSec. 107 Ex Parte DiscussionsSec. 108 Examination of Documents FiledSec. 109 Settlement; Consent Agreement
(ii) Part II: Document Requirements. Sec. 201 Filing, Service, and Form of DocumentsSec. 202 Filing and Service of Documents Issued by Hearing OfficerSec. 203 Compliance OrderSec. 204 Request for Hearing; Answer to Compliance OrderSec. 205 Notice of Docketing; Notice of Hearing Officer AssignmentSec. 206 Motions
(iii) Part III: Prehearing Procedures and Discovery. Sec. 301 General Rules Regarding DiscoverySec. 302 Identity of WitnessesSec. 303 Production of DocumentsSec. 304 Request for AdmissionsSec. 305 SubpoenasSec. 306 Other Discovery
(iv) Part IV: Hearing Procedures. Sec. 401 Scheduling the HearingSec. 402 EvidenceSec. 403 Objections and Offers of ProofSec. 404 Burden of Presentation; Burden of Persuasion
(v) Part V: Post-Hearing Procedures. Sec. 501 Filing the TranscriptSec. 502 Proposed Findings, Conclusions and OrdersSec. 503 Recommended DecisionSec. 504 Final Order by DirectorSec. 505 Judicial Review
(vi) Part VI: Miscellaneous Provisions. Sec. 601 Liberal ConstructionSec. 602 SeverabilitySec. 603 Supersession of Prior RulesSec. 604 Savings Clause
(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.
(A) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement.
(1) 74-4-4.4 Underground Storage Tanks; Registration; Installer Certification; Fees [Insofar as it applies to individuals other than UST owners and operators.]
(B) State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations.
(1) Part I: General Provisions. Sec. 103 Applicability [Insofar as it does not exclude UST systems with de minimis concentrations of regulated substances; emergency spill or overflow containment UST systems expeditiously emptied after use; UST systems that are part of emergency generator systems at nuclear power generation facilities; airport hydrant fuel distribution systems; and UST systems with field-constructed tanks; and does not defer emergency power generator UST systems.]
(2) Part XIV: Certification of Tank Installers [Insofar as it applies to individuals other than UST owners and operators.] Sec. 1400 PurposeSec. 1401 Legal AuthoritySec. 1402 DefinitionsSec. 1403 ApplicabilitySec. 1404 General RequirementsSec. 1405 Contractor CertificationSec. 1406 Individual CertificationSec. 1407 Experience RequirementsSec. 1408 Written ExaminationSec. 1409 On-Site ExaminationSec. 1410 Approval of Comparable Certification ProgramsSec. 1411 Denial of CertificatesSec. 1412 Renewal of CertificatesSec. 1413 Installer Duties and ObligationsSec. 1414 Division Approval of Training and Continuing EducationSec. 1415 ComplaintsSec. 1416 Investigations, Enforcement, PenaltiesSec. 1417 Division Actions Against Certificates
(2) Statement of legal authority. (i) ``Attorney General's Statement for Final Approval'', signed by the Attorney General of New Mexico on June 25, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(i) ``Attorney General's Statement for Final Approval'', signed by the Attorney General of New Mexico on June 25, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of New Mexico to EPA, June 25, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The ``Demonstration of Procedures for Adequate Enforcement'' submitted as part of the original application on September 25, 1989, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program description. The program description and any other material submitted as part of the original application on September 25, 1990, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the New Mexico Environmental Improvement Board, signed by the EPA Regional Administrator on September 13, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. [61 FR 1217, Jan. 18, 1996] Sec. 282.82 [Reserved]