N.M. Code R. § 20.4.1.601
Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.4.1.601 - MODIFICATIONS, EXCEPTIONS AND OMISSIONS Except as otherwise provided, the following modifications, exceptions and omissions are made to the incorporated federal regulations:
A. The following provisions of 40 CFR Part 265 are modified in 20.4.1.600 NMAC: (1) the substitution of "secretary" for the term "regional administrator" in 20.4.1.101 NMAC does not apply to the required notice set forth in 40 CFR Section 265.12(a), as adopted in this section. The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must provide a copy of the notice required in 40 CFR Section 265.12(a) to the secretary at the time that notice is provided to the regional administrator;(2) the owner and operator shall submit the reports in 40 CFR Section 264.100(g) on a semi-annual basis to the secretary;(3) "qualified professional engineer" as provided for in 40 CFR Sections 265.115, 265.120, 265.143(h), 265.145(h), 265.147(e), 265.191(a), 265.191(b)(5)(ii), 265.192(a), 265.192(b), 265.193(i)(2), 264.196(f), 265.280(e), 265.441(a) through (c), 265.443(a)(4)(ii), 265.443(g), 265.444(a) and 264.1101(c)(2) shall mean an independent New Mexico licensed professional engineer in accordance with the New Mexico Engineering and Surveying Practice Act, Sections 61-23-1 through 32, NMSA 1978 (as amended);(4) the requirements of 40 CFR 265.73(b) shall be maintained in the operating record by the owner and operator at his facility until closure;(5) the requirements of 40 CFR Section 264.347(d) shall be maintained in the operating record by the owner and operator at his facility until closure.(6) the substitution of "department" for the term "EPA" does not apply to the second occurrence of the term "EPA" in 40 CFR Section 265.1083(c)(4)(ii).B. The following provisions of 40 CFR Part 265 are omitted from Section 20.4.1.600 NMAC: (5) Section 265.1050(f); and(6) Sections 265.1080(e), 265.1080(f), 265.1080(g).N.M. Code R. § 20.4.1.601
Adopted by New Mexico Register, Volume XXIX, Issue 21, November 13, 2018, eff. 12/1/2018