Information Only - Waste Isolation Pilot Plant - U.S. Department of ...

New Mexico Energy, Minerals and Natural Resources Department, Mining and Minerals
Division, Mine Registration and Geological Services, 1992, Permit Requirements
for Energy and Minerals in New Mexico: Mine Registration and Geological
Sc'ices, Santa Ft, NM, 62 pp,
New Mexico Hazardous Chemicals Information Act
The New Mexiu Hazardous Chemicals Information Act (HCIA), NMSA 74-4E-l
to 74-4E-9, was enacteQ Ul 1989, It establishes state-level systems of emergency planning
and notification that address releases of extremely hazardous substances and a system that
allows the public to leam of the presence of hazardous chemicals used in their communities
and of any releases of those chemicals. The HCIA establishes how tne federal
Emergency Planning and Community Right-to-Know Act (EPCRA) and the EPCRA
regulations are implemented in the state. The HCIA and EPCRA regulatory requirements
are administered by the New Mexico Department of Public Safety.
Information Only
II-25
Operations that involve the subsurface mining or extraction of oil, gas, or potash
should consult the EPCRA and its regulations to determine their responsibilities under the
HCIA (see Emergency Planning and Community Right-To-Know Act).
Pennits. special reports. and fees
No permits are required by this act. The state charges a fee for each inventory
form that is fIled. Reporting requirements are referenced in EPCRA.
References
Adams, M., Fitzgerald, J., Lernatta, B., Hayden, C., Keleher, M., Rochelle, I.,
Salazar, I., and Schaab, W., 1993, New Mexico Environmental Law Handbook,
Third Edition: Government Institutes Inc., Rockville, MD, 417 pp.
New Mexico Hazardous Waste Act
The New Mexico Hazardous Waste Act, NMSA 74-4-1 to 74-4-13, was enacted in
1977 and substantially amended in 1981, 1987, and 1989. The requirements of the act
have been codified in the New Mexico Hazardous Waste Management Regulations (20
NMAC 4.1) and the Underground Storage Tank (USn Regulations.
New Mexico Hazarr!gus Waste Management Regulations
The U.S. Environmental Protection Agency (EPA) has authorized the New
Mexico Environment Department (NMED) to administer the RCRA Subtitle C program
in the state. Incorporated in 20 NMAC 4.1 are the RCRA Subtitle C regulations by
reference (40 CPR Parts 261 to 270 are equiValent with 20 NMAC 4.1, Parts II to Part
IX). Par: ; is essentially equivalent with 40 CFR Part 260, except for the modific:mons
and excePtions listed in Part I, Section 102. Part IX, Section 902, includes the procedural
requirements for obtaining a permit for treatment, storage, or disposal of hazardous waste
from the State of New Mexico.
Operations that extract oil, gas, or potash may be subject to the 20 NMAC 4.1
requirements (parts I to IX) if they generate, treat, store, transport, or dispose of
hazardous waste (see ReRA Subtitle C-Hazardous Waste).