N.M. Admin. Code § 20.6.2.5321

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.6.2.5321 - MODIFICATIONS, EXCEPTIONS, AND OMISSIONS

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).

N.M. Admin. Code § 20.6.2.5321

Adopted by New Mexico Register, Volume XXVI, Issue 15, August 14, 2015, eff. 8/31/2015