N.M. Admin. Code § 20.4.1.902

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.4.1.902 - MODIFICATIONS, EXCEPTIONS AND OMISSIONS

Except as otherwise provided, the following modifications, exceptions and omissions are made to the incorporated federal regulations.

A. "Qualified professional engineer" as provided for in 40 CFR Sections 270.14(a), 270.16(a), and 270.26(c)(15) shall mean an independent New Mexico licensed professional engineer. A professional engineer shall abide by all requirements of the New Mexico Engineering and Surveying Practice Act, Sections 61-23-1 through 32, NMSA 1978 (as amended) and applicable regulations.

B. The substitution of the terms "EPA," "regional administrator" and "administrator" in 20.4.1.101 NMAC does not apply to 40 CFR Sections 270.5, 270.10(f)(2) & (3), 270.10 (g)(1)(i), 270.11 (a) (3), 270.32(c), 270.72(a)(5), and 270.72(b)(5), as adopted in this section.

C. The following provisions of 40 CFR Part 270 are omitted from 20.4.1.900 NMAC:

(1) statement in Section 270.1(b), "treatment, storage, and disposal facilities (TSDs) that are otherwise subject to permitting under RCRA and that meet the criteria in paragraph (b)(1), or paragraph (b)(2) of this section, may be eligible for a standardized permit under subpart J of this part.";

(2) Sections 270.1(b)(1) and 270.1(b)(2);

(3) "and standardized permit (subpart J of this part)" in the definition of "permit" in Section 270.2;

(4) definition of "standardized permit" in Section 270.2;

(5) Section 270.10(a)(6);

(6) Section 270.10(h)(2);

(7) portion of the first sentence stating, "or as a routine change with prior approval under 40 CFR 124.213 " of Section 270.40(b);

(8) Section 270.41 referencing 270.320 and 40 CFR part 124, subpart G;

(9) Section 270.41(b)(3);

(10) Section 270.51(e); and

(11) Section 270, subpart J.

N.M. Admin. Code § 20.4.1.902

Adopted by New Mexico Register, Volume XXIX, Issue 21, November 13, 2018, eff. 12/1/2018