The New Mexico Hazardous Waste Act, specifically referencing the Hazardous Waste Management Regulations (HWM Rule), outlines requirements for hazardous waste generators. For a small quantity generator (SQG) in New Mexico, the accumulation time limit for hazardous waste is 180 days. This limit can be extended to 270 days if the waste must be transported over 200 miles. The regulations distinguish between SQGs and large quantity generators (LQGs) based on the amount of hazardous waste generated per month. SQGs generate between 100 and 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acutely hazardous waste per month. LQGs generate 1,000 kilograms or more of hazardous waste per month, or 1 kilogram or more of acutely hazardous waste per month. The scenario describes a facility that generates 800 kg of hazardous waste per month and 0.5 kg of acutely hazardous waste per month. This clearly places the facility in the SQG category. Therefore, the SQG accumulation time limit of 180 days applies. The question asks about the maximum allowable accumulation time for this specific generator. The New Mexico regulations, mirroring federal RCRA regulations, set the 180-day limit for SQGs, with a potential extension to 270 days under specific transportation circumstances. Without information indicating the need for the extended transport period, the standard 180-day limit is the primary regulatory constraint.

The New Mexico Hazardous Waste Act, specifically referencing the Hazardous Waste Management Regulations (HWM), outlines the requirements for managing hazardous waste. When a facility generates hazardous waste, it must determine if that waste meets the criteria for a characteristic hazardous waste or if it is listed as hazardous. For a waste to be considered hazardous due to a characteristic, it must exhibit one or more of the following: ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is determined by the Toxicity Characteristic Leaching Procedure (TCLP). If the TCLP test results for specific contaminants exceed regulatory thresholds, the waste is classified as toxic hazardous waste. The question posits a scenario where a New Mexico facility generates a waste that, upon TCLP testing, shows a concentration of lead at 7.5 mg/L. The regulatory limit for lead under the toxicity characteristic in New Mexico is 5.0 mg/L. Therefore, since 7.5 mg/L is greater than 5.0 mg/L, the waste exhibits the toxicity characteristic. This classification triggers the full suite of hazardous waste management requirements under the New Mexico Hazardous Waste Act and its associated regulations, including manifesting, proper storage, transportation by permitted transporters, and disposal at a permitted Treatment, Storage, and Disposal Facility (TSDF). The key is the exceedance of the TCLP limit for lead.

The New Mexico Hazardous Waste Act, specifically the Hazardous Waste Management Regulations (HWMR) under the New Mexico Environment Department (NMED), establishes criteria for identifying hazardous waste. These criteria include characteristics such as ignitability, corrosivity, reactivity, and toxicity, as well as listed wastes. For a waste to be considered hazardous under New Mexico law, it must meet one or more of these definitions. The toxicity characteristic is determined by the Toxicity Characteristic Leaching Procedure (TCLP). If the leachate from a waste sample, when tested using TCLP, exceeds regulatory concentration limits for specific contaminants, the waste is classified as toxic hazardous waste. For example, if a waste exhibits a pH less than or equal to 2.0 when tested, it would be classified as corrosive hazardous waste. Similarly, if a waste ignites and sustains combustion, it is ignitable hazardous waste. Reactivity involves instability, explosive potential, or the generation of toxic gases. Listed wastes are those specifically identified by the NMED as hazardous due to their origin or composition, even if they do not exhibit a characteristic. Therefore, a waste is classified as hazardous if it exhibits any of these characteristics or is on a specific list.

The New Mexico Hazardous Waste Act, specifically referencing the Hazardous Waste Management Regulations (HWR), outlines the responsibilities for managing hazardous waste. When a generator determines that a waste is hazardous, they must comply with specific requirements. For a characteristic hazardous waste, the generator must identify the specific characteristic(s) that make it hazardous, such as ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is determined by the Toxicity Characteristic Leaching Procedure (TCLP). If the TCLP analysis for a specific constituent exceeds the regulatory threshold, the waste is classified as toxic hazardous waste. The generator is then responsible for obtaining an EPA identification number, manifesting the waste for off-site shipment to a permitted treatment, storage, or disposal facility (TSDF), and maintaining records. The regulations also mandate proper container management, labeling, and accumulation time limits. The concept of “cradle-to-grave” management, established under the Resource Conservation and Recovery Act (RCRA) and adopted by New Mexico, means the generator retains responsibility for the waste until it is properly disposed of. Therefore, even if a waste is determined to be hazardous based on its toxicity characteristic, the generator’s primary obligation is to manage it according to the hazardous waste regulations, which includes proper identification, manifesting, and shipment to a permitted facility. The mere presence of a toxic constituent above the TCLP limit necessitates adherence to these stringent management protocols.

The New Mexico Hazardous Waste Management Regulations (HWMG), specifically 20.4.1 NMAC, govern the management of hazardous waste. A key aspect of these regulations is the definition and management of hazardous waste. The Hazardous Waste Bureau of the New Mexico Environment Department is responsible for implementing these regulations. When a facility generates waste, it must first determine if that waste is considered hazardous under the regulations. This determination involves comparing the waste’s characteristics against the criteria outlined in 20.4.1.301 NMAC, which includes ignitability, corrosivity, reactivity, and toxicity. If the waste exhibits any of these characteristics, it is classified as hazardous. Furthermore, the regulations list specific wastes that are deemed hazardous, regardless of their characteristics, as identified in 20.4.1.300 NMAC (Subpart C). These listed wastes include those from non-specific sources, specific sources, and discarded commercial chemical products. The generator is ultimately responsible for making this hazardous waste determination. The scenario describes a facility in New Mexico that produces a byproduct from a chemical manufacturing process. This byproduct is a liquid that can corrode steel at a rate exceeding 0.635 cm per year when tested at a temperature of 55°C. This specific characteristic, corrosivity, is explicitly defined as a criterion for a waste to be considered hazardous under 20.4.1.301 NMAC. Therefore, the byproduct is a hazardous waste due to its corrosivity.

The New Mexico Hazardous Waste Management Regulations (NMWMR) are primarily structured around the federal Resource Conservation and Recovery Act (RCRA). When a generator determines that a solid waste is a hazardous waste, they must assign it a hazardous waste number. For characteristic hazardous wastes, these numbers are derived from the specific characteristic that makes the waste hazardous. For example, ignitability is assigned D001, corrosivity is D002, reactivity is D003, and toxicity characteristic wastes are assigned D004 through D043, based on the specific constituent exceeding the regulatory levels as determined by the Toxicity Characteristic Leaching Procedure (TCLP). Listed wastes, which are hazardous because they are specifically identified by the New Mexico Environment Department (NMED) or the U.S. Environmental Protection Agency (EPA), receive different codes, such as F, K, P, or U codes. The question asks about the regulatory classification for a waste exhibiting toxicity characteristic. This classification is directly linked to the specific constituent causing the toxicity, as determined by TCLP. Therefore, a waste exhibiting the toxicity characteristic, if it fails TCLP for arsenic, would be assigned a D-code corresponding to arsenic. The NMWMR, specifically referencing 20.4.1.200 NMAC, which adopts by reference 40 CFR Part 261, defines these codes. Arsenic has a D-code of D004.

The New Mexico Hazardous Waste Act (NM HWA) and its implementing regulations, primarily found in the New Mexico Administrative Code (NMAC) Title 20, Chapter 4, govern the management of hazardous waste within the state. A key aspect of this regulation is the definition and management of hazardous waste, which includes both federally regulated hazardous wastes under the Resource Conservation and Recovery Act (RCRA) and state-specific hazardous wastes. New Mexico has the authority to regulate hazardous waste beyond what is mandated by federal law. The determination of whether a waste is hazardous in New Mexico involves a multi-step process. First, generators must determine if their waste is excluded from regulation. If not excluded, they must determine if the waste is listed as hazardous by the U.S. Environmental Protection Agency (EPA) or by New Mexico. If the waste is not listed, the generator must then determine if it exhibits any of the hazardous characteristics: ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is evaluated using the Toxicity Characteristic Leaching Procedure (TCLP). If a waste exhibits any of these characteristics or is listed, it is considered hazardous waste. Furthermore, New Mexico regulations may include additional listings or characteristic definitions that are more stringent than federal requirements. The question probes the understanding of this dual federal-state regulatory framework and the process of waste characterization, specifically focusing on how a waste not explicitly listed by the EPA might still be deemed hazardous under New Mexico’s purview. This involves understanding the state’s ability to adopt its own hazardous waste listings or characteristic criteria beyond federal mandates, reflecting New Mexico’s sovereign authority in environmental protection.

The New Mexico Hazardous Waste Act, specifically referencing the Hazardous Waste Management Regulations (HWMR) administered by the New Mexico Environment Department (NMED), establishes a framework for managing hazardous waste from generation to disposal. A key aspect of this framework involves the notification and permitting requirements for facilities that handle hazardous waste. Under 20.4.1 NMAC, which aligns with federal RCRA regulations, generators of hazardous waste are subject to specific requirements based on their generation rate. Very Small Quantity Generators (VSQGs) have the least stringent requirements, while Small Quantity Generators (SQGs) and Large Quantity Generators (LQGs) have progressively more detailed obligations. The scenario describes a facility that generates 950 kilograms of hazardous waste per month. To determine the generator status, we compare this monthly generation rate to the thresholds defined in the regulations. A VSQG generates 100 kilograms or less of hazardous waste per month, or 1 kilogram or less of acutely hazardous waste per month, or never generates more than 100 kilograms of acute hazardous waste in any single month. An SQG generates more than 100 kilograms but less than 1,000 kilograms of hazardous waste per month. An LQG generates 1,000 kilograms or more of hazardous waste per month. Since the facility generates 950 kilograms per month, it falls within the threshold for a Small Quantity Generator. This classification dictates specific requirements regarding waste accumulation time limits, personnel training, contingency planning, and record-keeping, all aimed at ensuring safe and environmentally sound management of hazardous waste within New Mexico. Understanding these generator categories is fundamental to compliance with the state’s hazardous waste program.

New Mexico Administrative Code (NMAC) 20.4.1 governs hazardous waste management. Specifically, 20.4.1.300 establishes the requirements for hazardous waste generators. A generator’s status is determined by the quantity of hazardous waste produced per month. Large Quantity Generators (LQGs) generate \(1,000\) kilograms or more of hazardous waste per month, or \(1\) kilogram or more of acute hazardous waste per month. Small Quantity Generators (SQGs) generate more than \(100\) kilograms but less than \(1,000\) kilograms of hazardous waste per month, and less than \(1\) kilogram of acute hazardous waste per month. Very Small Quantity Generators (VSQGs) generate \(100\) kilograms or less of hazardous waste per month, or less than \(1\) kilogram of acute hazardous waste per month. The scenario describes a facility generating \(150\) kg of non-acute hazardous waste and \(0.5\) kg of acute hazardous waste in a calendar month. To determine the generator status, both waste types must be considered. Since the facility generates \(150\) kg of non-acute hazardous waste, it exceeds the \(100\) kg threshold for VSQG status for non-acute waste. However, it also generates \(0.5\) kg of acute hazardous waste, which is less than the \(1\) kg threshold for LQG status for acute waste. The critical factor here is the non-acute waste generation. Generating \(150\) kg of non-acute hazardous waste places the facility into the Small Quantity Generator category, as this amount is greater than \(100\) kg but less than \(1,000\) kg. The presence of \(0.5\) kg of acute hazardous waste does not elevate it to LQG status for acute waste, but the non-acute waste quantity is the determining factor for its overall generator category in this instance. Therefore, the facility is classified as a Small Quantity Generator.

The New Mexico Hazardous Waste Act, specifically referencing the regulations under the New Mexico Environment Department (NMED), establishes a framework for managing hazardous waste. A key aspect of this management is the determination of whether a waste exhibits a characteristic of hazardous waste. The characteristic of corrosivity is defined by specific pH criteria. According to New Mexico Administrative Code (NMAC) 20.4.1.200, which adopts by reference 40 CFR § 261.22, a liquid waste is considered corrosive if it has a pH less than or equal to 2 or greater than or equal to 12.5. Solid waste is considered corrosive if, when mixed with water in a 1:1 ratio by volume, it produces a liquid with a pH less than or equal to 2 or greater than or equal to 12.5. In this scenario, the waste is a liquid with a measured pH of 1.8. This pH value falls within the range of less than or equal to 2, thus classifying it as a corrosive hazardous waste under New Mexico’s regulatory scheme. Understanding these specific pH thresholds is crucial for proper waste characterization and compliance with hazardous waste management requirements in New Mexico. The regulation aims to identify wastes that can cause damage to containers or transportation vehicles or pose a significant hazard to human health and the environment due to their acidic or alkaline nature.

The New Mexico Hazardous Waste Act (NM HWA) and its implementing regulations, found in the New Mexico Administrative Code (NMAC) 20.4.1, establish a framework for managing hazardous waste. A key aspect of this framework is the definition of hazardous waste itself, which is determined by specific characteristics or by being listed as hazardous. Characteristic hazardous wastes are those that exhibit ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is evaluated through the Toxicity Characteristic Leaching Procedure (TCLP), which simulates leaching in a landfill. If the leachate from a waste sample exceeds regulatory limits for specific contaminants, the waste is classified as toxic. The NM HWA also addresses the management of wastes that are not specifically listed but still pose a threat. Furthermore, the Act defines generator status based on the quantity of hazardous waste produced per month, which dictates the stringency of management requirements. Small Quantity Generators (SQGs) and Large Quantity Generators (LQGs) have different responsibilities regarding storage, record-keeping, and reporting. The Act also mandates the establishment of a state hazardous waste program that is authorized by the U.S. Environmental Protection Agency (EPA) under the Resource Conservation and Recovery Act (RCRA). New Mexico’s program, like RCRA, requires permits for treatment, storage, and disposal facilities (TSDFs). The state’s regulations also incorporate provisions for emergency preparedness and community involvement. Understanding the interplay between characteristic wastes, listed wastes, generator status, and permitting requirements is fundamental to compliance with New Mexico Hazardous Waste Law. The question tests the understanding of how a waste is determined to be hazardous under New Mexico law when it doesn’t fit a specific listed category, focusing on the characteristic determination process.

The New Mexico Hazardous Waste Act, specifically referencing the Hazardous Waste Management Regulations (HWM), establishes requirements for the management of hazardous waste. When a generator of hazardous waste exceeds the quantity limits for a small quantity generator (SQG) or a large quantity generator (LQG) for any single month within a calendar year, they are reclassified as an LQG for that entire calendar year. This reclassification is based on the total amount of hazardous waste generated in a calendar month. For example, if a facility generates 1,000 kg of hazardous waste in January and 1,100 kg in February, and 900 kg in March, the facility is considered an LQG for the entire year because it exceeded the 1,000 kg threshold in February. The regulations aim to ensure that facilities generating significant quantities of hazardous waste adhere to the most stringent management standards. The reclassification applies retroactively to the beginning of the calendar year in which the threshold was exceeded. Therefore, a facility that operates as an SQG for most of the year but generates 1,200 kg of hazardous waste in a single month becomes an LQG for the entire calendar year, regardless of the quantities generated in other months. This is a critical compliance point for hazardous waste generators in New Mexico.

The New Mexico Hazardous Waste Management Regulations (NMWMR) at 20.4.1.300 NMAC, specifically referencing the federal Resource Conservation and Recovery Act (RCRA) Subpart C, establish the requirements for hazardous waste determination. A generator must determine if their waste is hazardous. This determination can be made by testing the waste or by using knowledge of the waste. If the waste exhibits any of the characteristics of hazardous waste (ignitability, corrosivity, reactivity, or toxicity), it is considered hazardous. Toxicity is determined by the Toxicity Characteristic Leaching Procedure (TCLP). If a waste fails TCLP for any of the listed constituents at or above the regulatory levels, it is a hazardous waste. For example, if a waste leachate sample from a facility in Las Cruces, New Mexico, is tested using TCLP and the concentration of lead is found to be 8 mg/L, which exceeds the regulatory limit of 5 mg/L, then the waste is classified as a characteristic hazardous waste due to toxicity. Generators must comply with accumulation time limits, manifesting requirements, and record-keeping obligations for all hazardous waste. The state of New Mexico, through the New Mexico Environment Department (NMED), administers these regulations, often mirroring federal standards but with potential state-specific nuances. Understanding the characteristic waste criteria and the proper methods for determination, including TCLP, is fundamental to compliance.

The New Mexico Hazardous Waste Management Regulations, specifically those pertaining to the identification and management of hazardous waste, require generators to determine if their waste exhibits hazardous characteristics. One such characteristic is ignitability. According to the regulations, a waste is considered ignitable if it is a liquid and has a flash point of less than 60 degrees Celsius (140 degrees Fahrenheit). Alternatively, if it is not a liquid and is capable of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently as to pose a threat to health or safety. For solid wastes, the ignitability characteristic also includes oxidizing wastes. The scenario describes a waste stream from a chemical manufacturing process in New Mexico. The waste is a viscous liquid with a measured flash point of 55 degrees Celsius. This value is below the regulatory threshold of 60 degrees Celsius. Therefore, this waste exhibits the characteristic of ignitability as defined by the New Mexico Hazardous Waste Management Regulations. This determination triggers the requirement for the generator to manage the waste as hazardous, including proper labeling, storage, transportation, and disposal in accordance with all applicable regulations. The specific testing method for flash point is typically Method 110 of the U.S. Environmental Protection Agency’s (EPA) “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” (SW-846). The regulations in New Mexico are largely modeled after the federal Resource Conservation and Recovery Act (RCRA) but can have state-specific nuances.

The New Mexico Hazardous Waste Act, specifically NMSA 1978, § 74-4-4, outlines the powers and duties of the New Mexico Environment Department (NMED). One of these critical duties is the establishment and enforcement of regulations for the management of hazardous waste. When a facility generates hazardous waste that meets the criteria for being a “small quantity generator” (SQG) under federal and state regulations, it is subject to less stringent requirements than large quantity generators. However, even SQGs must adhere to specific management standards to ensure public health and environmental protection. These standards often include limitations on the amount of hazardous waste stored on-site, the duration of storage, and requirements for manifesting shipments. The Act empowers the NMED to conduct inspections and enforce compliance, including the imposition of penalties for violations. The determination of whether a generator qualifies as an SQG is based on the quantity of hazardous waste generated per month. Federal regulations, which New Mexico often mirrors or builds upon, define SQGs as those generating between 100 and 1,000 kilograms of hazardous waste per month. For acutely hazardous wastes, the threshold is much lower, typically 1 kilogram per month. Therefore, a facility generating 900 kilograms of hazardous waste per month would be classified as an SQG, subject to specific storage and management rules under New Mexico law, which are overseen and enforced by the NMED. The core principle is that all hazardous waste, regardless of quantity, must be managed responsibly to prevent harm.

The New Mexico Hazardous Waste Act (NM HWA) and its corresponding regulations, specifically the New Mexico Administrative Code (NMAC) 20.4.1, govern the management of hazardous waste within the state. This regulatory framework is largely based on the federal Resource Conservation and Recovery Act (RCRA) but includes state-specific provisions. When a generator determines that a hazardous waste is also a universal waste, they must comply with the universal waste management standards, which are designed to streamline the management of certain hazardous wastes that are generated by a wide variety of sources and are widely generated. Universal wastes include batteries, pesticides, mercury-containing equipment, and lamps. The specific requirements for universal waste management under NMAC 20.4.1.100 through 20.4.1.111 include labeling requirements, accumulation time limits, and proper shipment to a universal waste handler or destination facility. A generator who reclaims or treats a universal waste in a manner that is not in accordance with the universal waste regulations is then considered to be managing that waste as a hazardous waste and must comply with all applicable hazardous waste generator requirements. This transition from universal waste to hazardous waste management signifies a change in the regulatory pathway and necessitates adherence to the more stringent rules governing non-universal hazardous wastes.

The New Mexico Hazardous Waste Management Regulations (NMWMR) are designed to protect human health and the environment from the risks associated with hazardous waste. A critical aspect of these regulations involves the management of wastes that are generated by small quantity generators (SQGs). In New Mexico, an SQG is defined as a generator who generates less than 1,000 kilograms (kg) of hazardous waste per month, or less than 1 kg of acutely hazardous waste per month, and who does not accumulate more than 6,000 kg of hazardous waste at any one time. Furthermore, SQGs are prohibited from accumulating hazardous waste on-site for more than 180 days without a permit or for more than 270 days if the waste must be transported over 200 miles. The scenario presented involves a facility in New Mexico that generates 800 kg of hazardous waste monthly and has accumulated 5,500 kg of hazardous waste on-site. This facility is shipping its waste to a permitted treatment, storage, and disposal facility (TSDF) located 350 miles away. Since the facility generates less than 1,000 kg of hazardous waste per month, it qualifies as an SQG. The accumulation limit for SQGs is 6,000 kg. The facility has 5,500 kg, which is within this limit. The accumulation time limit for SQGs when transporting waste over 200 miles is 270 days. As the facility is shipping its waste 350 miles away, the 270-day limit applies. The question asks about the maximum allowable accumulation time for this specific SQG. Therefore, the maximum accumulation time for this facility is 270 days.

The New Mexico Hazardous Waste Management Regulations, specifically those pertaining to generator status and waste determination, require a generator to determine if their solid waste is a hazardous waste. This determination is crucial for understanding applicable management requirements. If a solid waste exhibits any of the characteristics of hazardous waste (ignitability, corrosivity, reactivity, or toxicity) as defined in the regulations, it is a hazardous waste. If it does not exhibit any of these characteristics, it is a non-hazardous waste. The toxicity characteristic is determined through the Toxicity Characteristic Leaching Procedure (TCLP). If the TCLP extract for a specific constituent exceeds the regulatory limit, the waste is deemed toxic hazardous waste. For example, if a waste is tested using TCLP and the extract contains lead at a concentration of 6.5 mg/L, and the regulatory limit for lead under the toxicity characteristic is 5.0 mg/L, then the waste would be classified as a hazardous waste due to the toxicity characteristic. The New Mexico Environment Department (NMED) enforces these regulations, and generators are responsible for accurate waste characterization. The regulations also outline procedures for when a generator has a reasonable basis to believe that a solid waste is hazardous, which may involve testing or knowledge of the waste.

The New Mexico Hazardous Waste Management Regulations, specifically those concerning the definition of a hazardous waste generator, are critical for determining regulatory obligations. A generator is classified based on the amount of hazardous waste they produce per month. The threshold for a conditionally exempt small quantity generator (CESQG) in New Mexico, as per the New Mexico Administrative Code (NMAC) 20.4.1.200, is generating 100 kilograms or less of hazardous waste per month, or 1 kilogram or less of acute hazardous waste per month, or not exceeding 1 metric ton of hazardous waste per month. A small quantity generator (SQG) generates more than 100 kilograms but less than 1,000 kilograms of hazardous waste per month. A large quantity generator (LQG) generates 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acute hazardous waste per month. In this scenario, the facility consistently generates 750 kilograms of hazardous waste per month and 0.5 kilograms of acute hazardous waste per month. Since 750 kilograms is greater than 100 kilograms but less than 1,000 kilograms, and 0.5 kilograms of acute hazardous waste is less than 1 kilogram, the facility falls into the small quantity generator category. This classification dictates specific requirements for storage, record-keeping, emergency preparedness, and personnel training, which are less stringent than those for LQGs but more rigorous than those for CESQGs. Understanding these distinctions is fundamental to compliant hazardous waste management in New Mexico.

The New Mexico Hazardous Waste Act, specifically the regulations administered by the New Mexico Environment Department (NMED), mandates stringent requirements for the management of hazardous waste. When a generator of hazardous waste ceases to operate or plans to close a hazardous waste management unit, they must ensure proper closure and post-closure care. This involves developing and implementing a closure plan that details how the facility will be managed at the end of its active life. For a facility that has received hazardous waste after November 19, 1980, and is closing, the regulations require that all hazardous waste be removed, treated, stored, or disposed of in accordance with the Hazardous Waste Act and its associated regulations. If any hazardous waste remains, the owner or operator must conduct post-closure care. The duration of post-closure care is typically a minimum of 30 years, but can be extended or reduced by the Secretary of the NMED based on the nature of the hazardous waste and the complexity of the facility. During post-closure care, the owner or operator is responsible for monitoring, maintaining the integrity of containment systems, and responding to any releases. The financial assurance for post-closure care must be established before the closure plan is approved. The regulations, particularly those found in the New Mexico Administrative Code (NMAC) Title 20, Chapter 4, Part 1 (Hazardous Waste Management), outline these requirements. Specifically, 20.4.1.500 NMAC addresses closure and post-closure care standards. The core principle is to protect human health and the environment from the potential risks associated with hazardous waste. Therefore, if a facility handled hazardous waste and is closing, it must either remove all such waste or implement a post-closure care plan for any remaining waste, with the duration determined by regulatory requirements and potential environmental risks.

The New Mexico Hazardous Waste Management Regulations (HWMG), specifically 20.4.1 NMAC, govern the management of hazardous waste. When a generator initially determines that a solid waste is hazardous, they must obtain an EPA identification number. This identification number is crucial for tracking hazardous waste from its generation to its final disposal. The regulations stipulate that generators who have not previously been assigned an EPA ID number must apply for one. This application process is a fundamental step in ensuring compliance with federal and state hazardous waste regulations, including those specific to New Mexico. The assignment of an EPA ID number signifies the generator’s entry into the regulated hazardous waste management system. Subsequent requirements, such as manifesting, record-keeping, and reporting, are all contingent upon having this identifier. Therefore, the initial step after determining a waste is hazardous is the acquisition of this unique identification number from the appropriate regulatory authority, which in New Mexico is typically facilitated through the U.S. Environmental Protection Agency (EPA) and then registered with the state’s environmental agency.

The New Mexico Hazardous Waste Act, specifically referencing regulations under the New Mexico Environment Department (NMED), governs the management of hazardous waste. A key aspect is the definition and management of “universal waste.” Universal waste is a category of hazardous waste that is widely generated by a variety of sources and is subject to streamlined management standards to reduce the regulatory burden on handlers. In New Mexico, as in many other states that have adopted federal universal waste regulations, specific categories of universal waste are enumerated. These typically include batteries, pesticides, mercury-containing equipment, and lamps. The intent behind the universal waste rule is to encourage proper collection and recycling or disposal while minimizing the risks associated with these common hazardous materials. Facilities that generate or manage these wastes are subject to specific requirements regarding labeling, storage, transport, and record-keeping, which are less stringent than those for other hazardous wastes. The New Mexico Hazardous Waste Act and its associated regulations, such as the Hazardous Waste Management Regulations (HWMG), provide the framework for this management. For instance, the regulations clearly define what constitutes a universal waste handler and the specific conditions under which these wastes can be managed. The question probes the understanding of which specific waste stream is NOT categorized as universal waste under New Mexico’s framework, requiring knowledge of the enumerated universal waste categories and the distinction between them and other hazardous wastes.

New Mexico’s Hazardous Waste Management Regulations, specifically those administered by the New Mexico Environment Department (NMED), mirror many aspects of the federal Resource Conservation and Recovery Act (RCRA) but can include state-specific nuances regarding permitting, reporting, and enforcement. When a facility generates hazardous waste, it must determine its generator status. This determination is crucial as it dictates the specific management requirements the facility must adhere to. Generator status is primarily based on the quantity of hazardous waste generated per calendar month. The thresholds for small quantity generators (SQGs) and large quantity generators (LQGs) are defined within the regulations. For instance, under federal RCRA, an LQG generates 1,000 kilograms (kg) or more of hazardous waste, or 1 kg or more of acute hazardous waste, in a calendar month. An SQG generates more than 100 kg but less than 1,000 kg of hazardous waste in a calendar month, or less than 1 kg of acute hazardous waste. Conditionally exempt small quantity generators (CESQGs) generate 100 kg or less of non-acute hazardous waste per month and less than 1 kg of acute hazardous waste per month. These distinctions are vital for compliance, as LQGs face the most stringent requirements, including obtaining an EPA identification number, adhering to strict storage time limits, manifesting shipments, and complying with personnel training. SQGs have reduced requirements but still must meet specific standards. CESQGs have the least stringent requirements but are still subject to certain disposal limitations. The scenario presented involves a facility that, over a single calendar month, produces 950 kg of hazardous waste that is not acutely hazardous, and 0.5 kg of acutely hazardous waste. To determine the generator status, one must compare these quantities against the established thresholds. Since the facility generates 950 kg of non-acute hazardous waste, which is greater than 100 kg but less than 1,000 kg, and 0.5 kg of acute hazardous waste, which is less than 1 kg, it falls into the category of a small quantity generator. This classification triggers specific regulatory obligations under New Mexico’s hazardous waste management framework, requiring adherence to the management standards applicable to SQGs, which are less burdensome than those for LQGs but more rigorous than those for CESQGs.

The New Mexico Hazardous Waste Act, specifically as it relates to the New Mexico Environment Department’s (NMED) authority, empowers the agency to take corrective action at regulated hazardous waste facilities. This authority extends to situations where releases of hazardous waste or constituents have occurred, posing a threat to human health and the environment. When a facility is found to be in violation of hazardous waste regulations, or when evidence suggests a release, the NMED can issue orders mandating corrective action. These orders are based on the principle of ensuring that responsible parties address the contamination and mitigate risks. The scope of corrective action can be broad, encompassing investigation, containment, remediation, and long-term monitoring. The legal framework in New Mexico, mirroring federal RCRA provisions, places the burden on the generator and operator to manage hazardous waste safely and to clean up any contamination resulting from their operations. The NMED’s role is to oversee and enforce these requirements, ensuring compliance with state and federal standards. The ability to issue directives for corrective action is a fundamental enforcement tool used to protect the public and ecological resources from the adverse effects of hazardous waste.

The New Mexico Hazardous Waste Management Regulations (NMWMR), specifically under 20.4.1 NMAC, govern the management of hazardous waste. A key aspect of these regulations involves the criteria for determining if a waste is hazardous. When a solid waste is not listed as hazardous, the generator must determine if it exhibits any of the hazardous characteristics: ignitability, corrosivity, reactivity, or toxicity. For toxicity, the Toxicity Characteristic Leaching Procedure (TCLP) is employed, as outlined in 40 CFR Part 261, Subpart C, which is adopted by reference in NMWMR. If the leachate from a waste sample, when tested using TCLP, exceeds regulatory limits for specific contaminants, the waste is classified as hazardous due to toxicity. For instance, if a waste material, when subjected to the TCLP and analyzed for lead, yields a leachate concentration of 6 mg/L, and the regulatory limit for lead under the toxicity characteristic is 5 mg/L, then this waste would be considered a D008 hazardous waste due to toxicity. The determination of whether a waste is hazardous requires a thorough understanding of these characteristic criteria and the appropriate testing methodologies prescribed by the regulations. Generators are responsible for making this determination for any solid waste they produce that is not explicitly listed as hazardous.

New Mexico’s Hazardous Waste Act (HWA) and its implementing regulations, found in the New Mexico Administrative Code (NMAC) 20.4.1, establish a comprehensive framework for managing hazardous waste. A critical aspect of this framework involves the determination of when a solid waste becomes a hazardous waste, thereby triggering stringent regulatory requirements. This determination is primarily based on whether the waste exhibits a hazardous characteristic or is listed as hazardous. Characteristic hazardous wastes are those that exhibit ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is determined through the Toxicity Characteristic Leaching Procedure (TCLP). If a waste fails the TCLP for any of the regulated constituents, it is classified as a hazardous waste. Furthermore, the HWA and NMAC 20.4.1.200 incorporate by reference the federal hazardous waste regulations found in 40 CFR Part 261, which include the lists of hazardous wastes (F, K, P, and U lists). A waste is considered hazardous if it is specifically listed or if it exhibits any of the defined characteristics. In this scenario, the waste material generated by the solvent distillation process at the Albuquerque facility, if it exhibits any of the characteristics of ignitability, corrosivity, reactivity, or toxicity as defined in NMAC 20.4.1.200, or if it is listed in NMAC 20.4.1.200 (referencing 40 CFR Part 261 Subpart D), then it is regulated as a hazardous waste under New Mexico law. The key is the inherent properties of the waste or its inclusion on a specific list, not the facility’s intent or the end-use of the waste. Therefore, if the waste exhibits a characteristic of hazardousness or is listed, it is a hazardous waste, regardless of its potential reuse or the facility’s operational goals.

The New Mexico Hazardous Waste Management Regulations (NMWMR) are promulgated under the authority of the New Mexico Hazardous Waste Act. A key aspect of these regulations concerns the management of hazardous waste by conditionally exempt small quantity generators (CESQGs). While CESQGs are afforded certain regulatory flexibilities, they are still subject to specific requirements to ensure the protection of human health and the environment. Specifically, NMWMR 20.4.1.200.A.1.d outlines the requirements for CESQGs regarding the accumulation of hazardous waste. This section specifies that a CESQG may accumulate hazardous waste on-site for 180 days without a permit or without having filed a Part A interim status application, provided that the quantity of hazardous waste accumulated at any one time does not exceed the limits defined for a CESQG. These limits are generally 1,000 kilograms for hazardous waste, 1 kilogram for acutely hazardous waste, and 100 kilograms for acute spill cleanup residues. If a CESQG exceeds these quantity limits at any point, it immediately loses its CESQG status and must comply with the regulations applicable to large quantity generators (LQGs) or small quantity generators (SQGs), depending on the quantity exceeded, from the first day of the calendar month in which the exemption was lost. Therefore, the critical factor is the quantity of hazardous waste on-site at any given time, which dictates whether the CESQG status is maintained and the applicable regulatory requirements.

The New Mexico Hazardous Waste Management Regulations (NMWQSR) define a “generator” as any person, by site, whose act or process produces hazardous waste or whose act first causes a waste to become subject to hazardous waste regulation. This definition is crucial for determining regulatory responsibilities. A facility that merely stores or treats hazardous waste generated by another entity, without producing it or causing it to become regulated, would not typically be classified as a generator under these regulations. The key lies in the origin of the hazardous waste. If a facility’s operations, regardless of their nature, result in the creation of waste that meets the criteria for hazardous waste under New Mexico law, then that facility is considered a generator. This includes waste generated from routine operations, maintenance, or even accidental spills if the spilled material is a listed or characteristic hazardous waste. The regulations aim to capture all entities that are the source of hazardous waste entering the management system, ensuring accountability from the point of generation. The regulatory status is tied to the site where the waste is produced or first becomes subject to regulation.

The New Mexico Hazardous Waste Act, specifically referencing the New Mexico Administrative Code (NMAC) 20.4.1, outlines requirements for hazardous waste generators. A key aspect is the determination of generator status, which dictates the regulatory obligations. Small Quantity Generators (SQGs) are subject to less stringent requirements than Large Quantity Generators (LQGs). The determination of SQG status is primarily based on the amount of hazardous waste generated per month. Under NMAC 20.4.1.100.A(1), an SQG is a generator who generates less than 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month. They also must not accumulate more than 6,000 kilograms (13,200 pounds) of hazardous waste on-site at any one time and must not exceed 1 kilogram of acute hazardous waste (as defined by NMAC 20.4.1.200.A(4)) per month. The scenario describes a facility that generates 950 kilograms of hazardous waste in January and 1,100 kilograms in February. Since the generation in February exceeds the 1,000-kilogram threshold for any single month, the facility would be classified as an LQG for that month and subsequent months until they can demonstrate a consistent generation rate below the SQG threshold. Therefore, the facility must manage its hazardous waste according to LQG requirements starting in February.

The New Mexico Hazardous Waste Management Regulations (NMWMR), specifically referencing the Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA) as adopted by New Mexico, outline stringent requirements for the management of hazardous waste. When a facility generates hazardous waste that meets the criteria for a characteristic of ignitability, corrosivity, reactivity, or toxicity, or is listed as a hazardous waste, it must be managed in accordance with these regulations. A key aspect of this management is the determination of the appropriate management standards, which often depend on the quantity of waste generated and its storage duration. For a small quantity generator (SQG) in New Mexico, which is defined by generating between 100 and 1,000 kilograms of hazardous waste per month, specific accumulation time limits apply. These limits are designed to prevent the uncontrolled accumulation of hazardous waste on-site and to encourage timely disposal or treatment. Under NMWMR, an SQG can accumulate hazardous waste on-site for up to 180 days without a hazardous waste permit, provided they meet certain conditions, including proper labeling, container management, and manifest usage for off-site shipments. If an SQG needs to accumulate waste for longer than 180 days, but no more than 270 days, they must meet the requirements for a large quantity generator (LQG) and obtain a hazardous waste permit or operate under interim status. The scenario describes a facility that generates hazardous waste and has accumulated it for 200 days. Given the facility is an SQG, the accumulation period of 200 days exceeds the standard 180-day limit for SQGs. Therefore, to legally continue accumulating the waste beyond 180 days, the facility must operate under the requirements applicable to large quantity generators and obtain a permit or interim status.