Commenting open: October 30, 2025 08:00AM MT - December 01, 2025 05:59PM MT.
The State of New Mexico is authorized to operate a hazardous waste management program in lieu of the federal program for most provisions of the Federal Resource Conservation and Recovery Act (RCRA). The Federal Facilities Compliance Act (FCCA) is codified in RCRA §6001. Under the authority of the New Mexico Hazardous Waste Act, NMSA 1978, Sections 74-4-1 to -14 (1953, as amended through 2018), and the New Mexico Hazardous Waste Management Regulations (20.4.1 NMAC), the New Mexico Environment Department (NMED) may issue a Federal Facility Compliance Order (FFCO) to federal facilities located within New Mexico’s borders. On October 4, 1995, NMED issued an FFCO to the United States Department of Energy (DOE) and Regents of the University of California (UC) (collectively, the Respondents). Los Alamos National Security, LLC (LANS) replaced UC as a co-operator in 2006. In 2019, Los Alamos Newport Nuclear BWXT-Los Alamos LLC, (N3B) and Triad National Security LLC (Triad) replaced LANS as the co-operators. The FFCO requires compliance with the Site Treatment Plan (STP) Compliance Plan Volume (CPV) for the treatment and disposal of mixed waste at Los Alamos National Laboratory (LANL). The Respondents must comply with the New Mexico Hazardous Waste Act, Sections 74-4-1 to -14 and Section 3012(b) of RCRA, 42 U.S.C. §6939(c), as amended by the FFCA of 1992, Public Law 102-386, 106 Stat. 1505 (1992).
In accordance with Section X, “Revisions” of the FFCO, all proposed or required revisions shall be made available to the public for review at appropriate locations. Revisions to the FFCO includes, but are not limited to, changes in the covered mixed waste inventories and compliance dates reported in the STP Fiscal Year (FY) Update reports received by NMED since the FFCO was issued on October 4, 1995. NMED may approve, approve with modifications, or disapprove the proposed revision. Pending public input, NMED intends to approve the requested revision.
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