Regulatory Affairs Manual Series 100 s1

R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E P R O G R A M 1 0 5 . 0 1Appendix 8: Summary of New Mexico Waste Regulations Rev. # 1 Effective Date: August 2004 Mandatory Discretionary  R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E P R O G R A M 1 0 5 . 0 11 INTRODUCTION TO STATE WASTE REGULATIONS 1.1 Purpose This appendix is designed to supplement the Federal regulatory information contained in the Waste Management Compliance Guide to assist Fisher Scientific facilities with managing hazardous waste in accordance with the regulations on the State level that differ from Federal regulations under the Resource Conservation and Recovery Act (RCRA). The majority of states, including New Mexico, have been authorized to administer the RCRA program, and many of them have added more stringent standards to the federal regulations; this appendix provides a guide for these more stringent regulations. There may be additional regulations on a local level that also apply to a facility, and it is essential to be familiar with these as well.This material is designed to cover the New Mexico requirements for both large and small quantity generators since Fisher Scientific facilities fall into both categories. However, this manual does not provide a comprehensive description of treatment, storage and disposal facility (TSDF) requirements for those facilities with Part B permits (no Fisher facilities have Part B permits).1.2 Overview The New Mexico Environment Department (NMED, on-line at http://www.nmenv.state.nm.us/) administers the state and federal regulations. The state regulations are equivalent to the federal rules for hazardous waste generators with additional requirements for generators including:  Infectious Waste (see section 2); Used Tires (see Section 2); and  Annual Generator Fees (see Section 3).Generator on-site requirements, transporting hazardous waste, uniform hazardous waste manifest, emergency reports, exception reports, recordkeeping requirements, emergency preparedness and prevention, training and waste minimization requirements do not differ from Federal regulations1.3 Applicability to Fisher Scientific The New Mexico state regulations can be found in the New Mexico Administrative Code, Title 20 Environmental Protection. The requirements for facilities that generate hazardous waste are detailed in Chapter 4: Hazardous Waste. As generators of hazardous waste, Fisher Scientific facilities are subject to the federal RCRA regulations as well as any applicable state regulations. 1.4 Registration As generators of hazardous waste, all Fisher Scientific facilities must register with the EPA as well as with the NMED. To obtain an EPA Identification Number for the State of New Mexico, a generator must submit an Original Notification Form 8700-12 to:Rev. # Effective Date: August 2004 App. 8-2 New Mexico Mandatory Discretionary  R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E P R O G R A M 1 0 5 . 0 1New Mexico Environment Department Hazardous Waste Bureau PO Box 26110 Santa Fe, NM 87502Using Form 8700-12 (the most recent version of the form and instructions are available at http://www.epa.gov/epaoswer/hazwaste/data/form8700/forms.htm ), the facility must: List all the wastes generated on-site; and List all the hazardous waste activities (i.e., generator, transporter, and treatment, storage, or disposal).Upon review of the form, the NMED will assign an identification number to each facility. Each time a new waste stream is generated at your facility or the facility information changes, a new form must be submitted to update the information. This identification number must be used on all correspondence with federal or state agencies, as well as on all labels, manifests, and regulatory reports.The EPA ID number for this facility is: .Rev. # Effective Date: August 2004 App. 8-3 New Mexico Mandatory Discretionary  R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E P R O G R A M 1 0 5 . 0 12 WASTE IDENTIFICATION AND CLASSIFICATION 2.1 Infectious/Medical Waste New Mexico defines infectious waste to include sharps and blood products. A producer of infectious waste includes employee clinics. Infectious waste producers, regardless of the amount generated are subject to the following requirements.  Infectious waste (i.e., sharps, blood products) can not be disposed of in a landfill.  A manifest is required for each shipment of infectious waste originating or to be disposed in New Mexico.  Containment shall be in a manner and location which affords protection from animal intrusion, does not provide a breeding place or a food source for insects and rodents, and minimizes exposure to the public. Infectious waste shall be segregated by separate containment from other waste at the point of origin. Except for sharps, shall be contained in plastic bags inside rigid containers. The bags shall be securely tied to prevent leakage or expulsion of solid or liquid wastes during storage, handling or transport. Sharps shall be contained for storage, transportation, treatment, and disposal in leak-proof, rigid, puncture-resistant containers which are manufactured for the purpose of sharps containment and are taped closed or tightly lidded to preclude loss of contents. All bags used for containment purposes shall be red or orange and clearly identified. Rigid containers shall be labeled "biomedical waste", or otherwise conspicuously labeled as holding infectious waste, or placed in disposable bags used for other infectious waste.  If other waste is placed in the same container as regulated infectious waste, then the generator shall package, label and mark the container and its entire contents as infectious waste. Rigid infectious waste containers may be reused for infectious or non-infectious waste if they are thoroughly washed and decontaminated each time they are emptied and the surfaces of the containers have been completely protected from contamination by disposable, unpunctured or undamaged liners, bags, or other devices that are removed with the infectious waste, and the surface of the containers have not been damaged or punctured. Storage and containment areas shall protect infectious waste from the elements, be ventilated to the outdoors, be only accessible to authorized persons, and be marked with prominent warning signs on, or adjacent to, the exterior doors or gates. The warning signs shall be easily read during daylight from a distance of 25 feet.Rev. # Effective Date: August 2004 App. 8-4 New Mexico Mandatory Discretionary  R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E P R O G R A M 1 0 5 . 0 12.2 Used Oil New Mexico has adopted the Federal definition of "used oil", which is "any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.” (40 CFR 279.1) New Mexico has no additional requirements for the management of used oil. 2.3 Solid Waste 2.3.1 Scrap Tires New Mexico has implemented regulations for the management and recycling of used tires. The state requires that no person operate or maintain a tire recycling facility unless the facility has a valid tire recycling facility. A tire recycling facility does not include a site where no more than 250 scrap tires are stored for construction or alternative uses for no more than one year. Fisher facilities should not store more than 250 scrap tires and would not qualify as a tire recycling facility. In addition, no person shall dispose of scrap tires in a place other than those places permitted or regulated by the NMED; discard scrap tires in a place other than a permitted or registered Solid Waste Facility or a permitted Tire Recycling Facility; or engage in the open burning of tires..Rev. # Effective Date: August 2004 App. 8-5 New Mexico Mandatory Discretionary  R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E G U I D E P R O G R A M 1 0 5 . 0 13 RECORDKEEPING AND REPORTING 3.1 Annual Generator Fees Hazardous waste generators are required to pay fees to the NMED annually. Annual generator fees are due August 1 for the previous calendar year. Each generator paying fees shall complete a fee report form, obtained from the NMED, and submit the report, together with any documentation requested by the NMED and a check, cashier's check or money order for the fees owed, to the NMED in accordance with the instructions set forth on the report form. Fee report forms are available at: http://www.nmenv.state.nm.us/HWB/notifiers.html The Report Form and fees should be submitted to:Hazardous Waste Bureau New Mexico Environment Department 2905 Rodeo Park Drive East, Building 1 Santa Fe, New Mexico, 87505A large quantity generator at a site will pay $0.01 per pound of hazardous waste, and $0.01 per ton for characteristic hazardous wastes or wastes generated at the site during the previous calendar year and subsequently rendered non-hazardous wastes. A small quantity generator shall pay the following fee based upon the average monthly amount of hazardous waste generated at the site during the previous calendar year: Lbs/Month Annual Fee1,001-2,205 $250501-1,000 $1001-500 $ 35The annual generation fee shall be determined based on the amount of hazardous waste generated at a site during the calendar year prior to the year in which the fee is to be paid. Where no records of the amount of waste generated exist, the generator may estimate the amount, using reasonable efforts to estimate the amount accurately based on the best available information.In addition, every generator shall pay hazardous waste business fees to the NMED annually. These fees include: Generation at Individual Generation Site Annual (per site) FeeSmall Quantity Generator $200Large Quantity Generator $2,500Rev. # Effective Date: August 2004 App. 8-6 New Mexico Mandatory Discretionary  R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E G U I D E P R O G R A M 1 0 5 . 0 1A generator shall pay the fee for large quantity generators unless it can demonstrate that it was a small quantity generator. The fee report shall include a certification of the truthfulness of all of the matters and facts contained in the report. The certification shall be made on oath or affirmation by the chief executive officer or his designee in the case of a corporation, the managing partner in the case of a partnership, the proprietor in the case of a sole proprietorship, or the official with authority to execute the certification in the case of a government entity.All generators that pay fees are required to retain the documentation necessary to support their fee calculations, including all records used as a basis for the calculations. All records and copies of any fee reports submitted shall be retained for three (3) years from the date of payment of the fees to which the records and reports apply. Rev. # Effective Date: August 2004 App. 8-7 New Mexico Mandatory Discretionary 

Regulatory Affairs Manual Series 100 s1

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