N.M. Code R. § 20.4.1.101
Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.4.1.101 - MODIFICATIONS, EXCEPTIONS AND OMISSIONS Except as otherwise provided, the following modifications, exceptions, and omissions are made to the incorporated federal regulations:
A. The following terms defined in 40 CFR Sections 260.10 and 270.2 have the meanings set forth herein, in lieu of the meanings set forth in 40 CFR Sections 260.10 and 270.2: (1) "administrator" or "regional administrator" means the secretary of the New Mexico environment department or his/her designee;(2) "act" or "RCRA" (Resource Conservation and Recovery Act, as amended) means the New Mexico Hazardous Waste Act, Sections 74-4-1 through 74-4-14, NMSA 1978 (as amended).B. The following terms not defined in 40 CFR Sections 260.10 and 270.2 have the meanings set forth herein when the terms are used in this part: (1) "appropriate act or regulation" means the New Mexico Hazardous Waste Act or 20.4.1 NMAC;(2) "board" means the environmental improvement board;(3) "CFR" means the Code of Federal Regulations;(4) "department" means the New Mexico environment department;(5) ''environmental protection agency'' or "EPA" shall be construed to mean the New Mexico environment department except when used in the phrases "EPA hazardous waste number," EPA identification number," "EPA region," "EPA acknowledgment of consent," "EPA test methods," and in the definitions set forth in 40 CFR Sections 260.10 and 270.2;(6) "Freedom of Information Act" or "FOIA" means Sections 14-2-1 through 14-2-12, 14-3A-1 through 14-3A-2, and 74-4-4.3D, NMSA 1978 (as amended);(7) "hazardous substance incident" means any emergency incident involving a chemical or chemicals, including but not limited to transportation wrecks, accidental spills or leaks, fires or explosions, which incident creates the reasonable probability of injury to human health or property;(8) "secretary" means the secretary of the New Mexico environment department or his/her designee; and(9) "Subtitle C of RCRA" means the New Mexico Hazardous Waste Act, Sections 74-4-1 through 74-4-14, NMSA 1978 (as amended).C. The following provisions of 40 CFR Part 260 are omitted from Section 20.4.1.100 NMAC:(8) Reference to 40 CFR Part 267.D. Wherever there is any requirement in any of the federal regulations incorporated into this part to report an emergency situation, the requirement shall be construed to mean that the party required to report shall report the incident to the department via the New Mexico 24-hour emergency response number at (505) 827-9329 or such other number designated by the department.N.M. Code R. § 20.4.1.101
Adopted by New Mexico Register, Volume XXIX, Issue 21, November 13, 2018, eff. 12/1/2018