New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 4 - HAZARDOUS WASTE
Part 1 - HAZARDOUS WASTE MANAGEMENT
Section 20.4.1.601 - MODIFICATIONS, EXCEPTIONS AND OMISSIONS
Universal Citation: 20 NM Admin Code 20.4.1.601
Current through Register Vol. 35, No. 6, March 26, 2024
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:
(1) Section 265.1(c)(4);
(2) Section 265.149;
(3) Section 265.150;
(4) Section 265.1030(c);
(5) Section 265.1050(f); and
(6) Sections 265.1080(e), 265.1080(f),
265.1080(g).
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