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 term
defined in
40 CFR Section
144.61 has the meaning set forth herein, in
lieu of the meaning set forth in
40 CFR Section
144.61: "plugging and abandonment plan" means
the plan for plugging and abandonment prepared in accordance with the
requirements of 20.6.2.5341 NMAC.
B. The following terms not defined in 40 CFR
Part 144, Subsection F have the meanings set forth herein when the terms are
used in this part:
(1) "administrator,"
"regional administrator" and other similar variations means the director of the
New Mexico energy, minerals and natural resources department, oil conservation
division or his/her designee;
(2)
"United States environmental protection agency" or "EPA" means New Mexico
energy, minerals and natural resources department, oil conservation division or
OCD, except when used in
40 CFR Section
144.70(f).
C. The following provisions of 40
CFR Part 144, Subpart F are modified in 20.6.2.5321 NMAC:
(1) cross references to 40 CFR Part 144 shall
be replaced by cross references to 20.6.2.5300 through 20.6.2.5399
NMAC;
(2) the cross reference to
Sections 144.28 and 144.51 in Section 144.62(a) shall be replaced by a cross
reference to 20.6.2.5341 NMAC;
(3)
the cross references to 40 CFR Parts 264, Subpart H and 265, Subpart H shall be
modified to include cross references to 40 CFR Parts 264, Subpart H and 265,
Subpart H and 20.4.1.500 and 20.4.1.600 NMAC;
(4) references to EPA identification numbers
in financial assurance documents shall be replaced by references to API well
numbers (US well numbers);
(5) the
first sentence of
40 CFR Section
144.63(f) (1) shall be
replaced with the following sentence: "An owner or operator may satisfy the
requirements of this section by obtaining a guarantee from a corporate parent
that meets the requirements of
40 CFR Section
144.63(f)(10), including the
guarantor meeting the requirements for the owner or operator under the
financial test specified in this paragraph.";
(6) trust agreements prepared in accordance
with
40 CFR Section
144.70(a) must state that
they will be administered, construed, and enforced according to the laws of New
Mexico;
(7) surety companies
issuing bonds prepared in accordance with 40 CFR Section 144, Subpart F must be
registered with the New Mexico office of superintendent of insurance;
D. The following provisions of 40
CFR Part 144, Subpart F are omitted from 20.6.2.5320 NMAC:
(1) Section 144.65;
(2) Section 144.66;
(3) the third sentence in
40 CFR Section
144.63(h).
