N.M. Code R. § 20.4.2.7

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.4.2.7 - DEFINITIONS

Unless otherwise defined in this part, the words and phrases used in this part have the same meanings as in 20.4.1 NMAC, Hazardous Waste Management regulations. As used in this part:

A.Terms beginning with the letter "A":

(1)"Accelerated corrective action completion report" or "accelerated corrective measures completion report" means a report on implementation of presumptive remedies at small and relatively simple units where groundwater contamination is not a component of the accelerated cleanup, where the remedy is considered to be the final remedy for the unit, and where the field work will be accomplished within 180 days of commencement;

(2)"Accelerated corrective action work plan" or "accelerated corrective measures work plan" means a work plan to implement presumptive remedies at small and relatively simple units where groundwater contamination is not a component of the accelerated cleanup, where the remedy is considered to be the final remedy for the unit, and where the field work will be accomplished within 180 days of commencement;

(3)"Act" means the New Mexico Hazardous Waste Act, Sections 74-4-1 through 74-4-14 NMSA 1978;

(4)"Administrative authority" means the secretary of the New Mexico environment department, or the secretary's designee, or, in the case of provisions for which the state is not authorized, the United States environmental protection agency (EPA);

(5)"Administratively complete" means a determination made by the secretary that an application contains all the general information required in 40 CFR 270.13, applicable specific information in sections 40 CFR 270.14 through 270.28 and is complete as defined by the regulations of 20.4.1.900 NMAC incorporating 40 CFR 270.10(c) and (d);

(6)"Area of concern" or "AOC" means any area having a known or suspected release of hazardous waste or hazardous constituents that is not from a solid waste management unit and that the secretary has determined may pose a current or potential threat to human health or the environment, pursuant to 20.4.1.500 NMAC (incorporating 40 CFR 270.32(b) (2) ). An area of concern may include buildings, and structures at which releases of hazardous waste or constituents were not remediated, including one-time and accidental events;

B.Terms beginning with the letter "B:

(1)"Background study report" means a report documenting the results of a study to determine background concentrations of naturally occurring inorganic compounds;

(2)"Background study work plan" means a plan proposing the methods to evaluate naturally occurring concentrations of inorganic compounds in environmental media;

C.Terms beginning with the letter "C":

(1)"Certification of completion" means a report documenting completion of corrective action required at a unit, submitted to the NMED to demonstrate that corrective action requirements for the unit, have been satisfied;

(2)"Closure certification document" means all documentation certified by a New Mexico registered professional engineer in a certification of closure that is submitted by an owner or operator;

(3)"Corrective action" means any activity related to site assessment, investigation, remediation, characterization or monitoring including reporting and document submittals at SWMUs or AOCs, including activities related to off-site migration;

(4)"Corrective action complete with controls" means that NMED has determined that no additional remedial activity is required at a unit, but the unit requires continued performance of operation and maintenance, or monitoring actions for engineering controls, or institutional controls;

(5)"Corrective action complete without controls" means that NMED has determined that no additional remedial activity is required at a unit;

(6)"Corrective measures evaluation" or "CME" or "corrective measures study report" or "CMS report" means a report or study that evaluates remedial alternatives for the purpose of remedy selection and includes specifications to implement a proposed remedy;

(7)"Corrective measures evaluation work plan" or "CME work plan" or "corrective measures study work plan" or "CMS work plan" means a plan to identify, develop and evaluate potential corrective measures (remedy) alternatives;

(8)"Corrective measures implementation work plan" or "CMI work plan" means plans and specifications to implement the approved remedy at a facility;

(9)"Corrective measures implementation report" or "CMI report" means a report signifying completion of the remedy approved by NMED for termination of corrective action;

D.Terms beginning with the letter "D": [RESERVED]

E.Terms beginning with the letter "E":

(1)"Emergency permit" means an emergency permit as defined at 40 CFR 270.61;

(2)"Enforceable document" means an order, a plan, or other document issued by EPA or the state under an authority that meets the requirements of 40 CFR 271.16(e);

F.Terms beginning with the letter "F":

(1)"FFCO" means federal facility compliance order;

(2)"Frequent monitoring plan" means a plan that describes proposed periodic monitoring activities for detection compliance or corrective action monitoring, monitoring of a remediation system, or other corrective measure monitoring for a single site or contiguous sites with shared boundaries;

(3)"Frequent monitoring report" or "Frequent progress report" means a report that describes periodic monitoring activities and results for detection, compliance or corrective action monitoring, monitoring of a remediation system, or other corrective measure monitoring or progress related to a corrective measure for a single site or contiguous sites with shared boundaries;

G.Terms beginning with the letter "G": [RESERVED]

H.Terms beginning with the letter "H":

(1)"Hazardous waste management activity" means the treatment, storage, or disposal of hazardous waste within a hazardous waste management unit at a facility subject to a hazardous waste permit or operated under interim status and subject to permit authorization, or any closure or post-closure care activity required at a hazardous waste management unit;

(2)"HWMR" means the New Mexico Hazardous Waste Management regulations, Title 20, Chapter 4, Part 1 of the New Mexico administrative code;

I.Terms beginning with the letter "I":

(1)"Interim measures report" means a report that describes the results of interim corrective measures conducted to abate, minimize, stabilize, mitigate, or eliminate a release or threat of release, implemented prior to implementation of a final remedy;

(2)"Interim measures work plan" means a work plan to implement proposed interim corrective measures conducted to abate, minimize, stabilize, mitigate, or eliminate a release or threat of release, implemented prior to implementation of a final remedy;

(3)"Investigation report" or "RFI report" or "RCRA facility investigation report" or "phase report" means a report that summarizes the results of investigation of the nature, rate, movement and extent of contamination at a unit or facility;

(4)"Investigation work plan" or "RFI work plan" or "RCRA facility investigation work plan" means a work plan that describes proposed investigation activities to evaluate the nature, rate, movement and extent of contamination at a unit or facility;

J.Terms beginning with the letter "J": [RESERVED]

K.Terms beginning with the letter "K": [RESERVED]

L.Terms beginning with the letter "L":

(1)"Letter report" or "Supplemental report" or "Report addendum" means a report summarizing the results of the implementation of a work plan of limited scope where the field work was completed in seven working days or less and that did not constitute the initial field investigation at a site.

(2)"Letter work plan" or "Supplemental work plan" or "Work plan addendum" means a work plan of limited scope that describes proposed corrective action activities where the field work can be completed in seven working days or less and does not constitute the initial field investigation of a site.

M.Terms beginning with the letter "M": "Monitoring plan" means a plan that describes proposed periodic monitoring activities for detection, compliance or corrective action monitoring, monitoring of a remediation system, or other corrective measure monitoring;

N.Terms beginning with the letter "N":

(1)"Notice of land transfer" means a notice that initiates NMED evaluation of the results of investigation activities conducted to evaluate the nature, rate, movement and extent of contamination and corrective measures at a property that is anticipated to be transferred to an owner other than the owner regulated by a permit or enforceable document;

(2)"NMED" means the New Mexico environment department;

(3)"Notice of disapproval" or "Disapproval" means NMED-issued correspondence requiring revision and resubmittal of a deficient document;

O.Terms beginning with the letter "O":"Operation and maintenance plan" means a plan that describes operation, maintenance and monitoring of a remediation system or other corrective measure or monitoring activity that requires continued monitoring or upkeep during implementation;

P.Terms beginning with the letter "P":

(1)"Periodic monitoring report" means a report that summarizes periodic detection, compliance or corrective action ground water monitoring, monitoring of a remediation system, or other corrective measure monitoring;

(2)"Person" means any individual, trust, firm, joint stock company, federal agency, corporation including a government corporation, partnership, association, state, municipality, commission, political subdivision of a state or any interstate body; and shall include each department, agency and instrumentality of the United States;

(3)"Petition for corrective action complete review" means a petition to change the status of a unit from "subject to corrective action" to a different status (e.g., corrective action complete or no further action required) based on the results of corrective action activities or other relevant information

(4)"Pilot/aquifer test report" means a report summarizing the results of pilot or aquifer tests conducted to evaluate hydrologic or other conditions for the purpose of site characterization or remedy selection;

(5)"Pilot/aquifer test work plan" means a work plan for conducting pilot or aquifer tests to evaluate hydrologic or other conditions for the purpose of site characterization or remedy selection;

Q.Terms beginning with the letter "Q": [RESERVED]

R.Terms beginning with the letter "R":

(1)"RCRA facility assessment" or "RFA" means the first stage in the corrective action process in which information is compiled on conditions at the site, including releases, potential releases, exposure pathways, solid waste management units, and areas of concern;

(2)"Rejected document" means a document deemed unreviewable due to deficiencies related to permit or other enforceable document requirements, disorganization, or a substantial amount of missing information, inaccuracies, or unrelated or redundant information;

(3)"Release assessment" or "SWMU assessment report" means an assessment of a solid waste management unit or area of concern performed after the RCRA facility assessment but before the initiation of any field investigation or full site characterization to obtain information for use in focusing subsequent investigations or eliminating certain units or areas from further consideration;

(4)"Remedial action plan" or "RAP" means a special form of a RCRA permit as defined in 20.4.1.900 NMAC, incorporating 40 CFR 270.80;

(5)"Remedy completion report" means a report summarizing the results of completion of the implementation of corrective measures;

(6)"Revision" or "Document revision" means a document that is revised and resubmitted by a facility in response to comments issued by the department in a Notice of Disapproval or Disapproval as distinct from revisions submitted in response to an Approval with Modification(s);

(7)"Risk evaluation/risk assessment report" means a report summarizing the results of a risk evaluation or assessment for the purpose of evaluating the human health and ecological risks of exposure to contaminants and determining appropriate cleanup levels at a site;

S.Terms beginning with the letter "S":

(1)"Secretary" means the secretary of the New Mexico environment department;

(2)"Solid waste management unit" or "SWMU" means any discernible unit at which solid wastes have been placed at any time, irrespective of whether the unit was intended for the management of solid or hazardous waste; such units include any area at a facility at which solid wastes have been routinely and systematically released;

(3)"Submittal" means all applications, permit modification requests, plans, reports, studies, and other documents listed in tables 2 through 7 in 20.4.2.205 NMAC through 20.4.2.210 NMAC;

(4)"Status report" means a report summarizing the progress of implementation of corrective actions or corrective measures;

T.Terms beginning with the letter "T": [RESERVED]

U.Terms beginning with the letter "U":"Unit" means" hazardous waste management unit" as defined in 20.4.1.101 NMAC, incorporating 40 CFR 260.10, or solid waste management unit, or area of concern;

V.Terms beginning with the letter "V": [RESERVED]

W.Terms beginning with the letter "W": [RESERVED]

(1)"Well completion report" means a report summarizing the activities related to the drilling and installation of wells.

(2)"Well abandonment report" or "Well replacement report" means a report summarizing the activities related to abandonment or replacement of a well;

(3)"Well abandonment work plan" or "Well replacement work plan" means a work plan that describes the proposed activities to abandon or replace a well.

N.M. Code R. § 20.4.2.7

12/31/98; 20.4.2.7 NMAC - Rn, 20 NMAC 4.2.I.107 & A, 8/18/06, Amended by New Mexico Register, Volume XXXI, Issue 04, February 25, 2020, eff. 3/5/2020