Contents

Current Regulations

Hazardous Waste Management Regulations, 20.4.1 NMAC (3/1/2009) - These rules become effective on March 1, 2009.   

New Mexico Statutes

Federal Statute

EPA Authorization of State Rules

The State of New Mexico received authorization on January 25, 1985 from the U.S. Environmental Protection Agency (U.S. EPA) to implement its base hazardous waste management program.  On January 2, 1996, New Mexico received authorization to implement HSWA corrective action.  New Mexico received its most current authorization from the U.S. EPA on October 16, 2007.

States that receive final authorization from the U.S. EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent that the Federal Hazardous Waste Program.  As the Federal program changes, states must change their programs and ask U.S. EPA to authorize the changes.  Changes to state programs may be necessary when federal or state statutory or regulatory authority is modified or when certain other changes occur.  Most commonly, states must change their program because of changes to U.S. EPA’s regulations in Title 40, Code of Federal Regulations (CFR) parts 124, 260-266, 268, 270, 273, 279 and 280.

Brief History of Statutes

     The Resource Recovery Act (RAA) was passed by congress with increasing concerns over protection of human health and the environment, as amendments to the 1965 Solid Waste Disposal Act. The RAA increased federal involvement with management of solid waste; it encouraged waste reduction and resource recovery and created national disposal criteria for hazardous wastes. This Act was the predecessor of the Resource Conservation and Recovery Act (RCRA) of 1976.

     Resource Conservation and Recovery Act 1976 (RCRA)

     Hazardous and Solid Waste Amendments 1984 (HSWA)

     October 6, 1992, Congress passed the Federal Facilities Compliance Bill establishing a definition of "mixed waste" in the Federal Facilities Compliance Act [42 U.S.C. Section 6903; Public Law 102-386].  This act also clearly waives Department of Energy (DOE) and other Federal Facilities' immunity from EPA and State hazardous waste regulations and sanctions and to also impose penalties for non-compliance.  DOE is also required to develop a Site Treatment Plan (STP) for treatment of the hazardous components of radioactive wastes subject to RCRA requirements.  Each DOE facility is required to establish an STP by October 6, 1995 to plan a compliance strategy. 

Los Alamos National Laboratory and Sandia National Laboratories have effective FFCOs within New Mexico.  The Los Alamos National Laboratory FFCO and the Sandia National Laboratories FFCO were issued on October 4, 1995.