N.M. Admin. Code § 20.2.78.10

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

Section 20.2.78.10 - MODIFICATIONS AND EXCEPTIONS

The following modifications or exceptions are made to the incorporated federal standards:

A. amend 40 CFR Part 61, Section 61.02, Definitions, as follows: For the purposes of delegation of authority which the administrator of the United States environmental protection agency may, at the administrator's discretion, delegate to the secretary of the New Mexico environment department, "administrator" means the secretary or the secretary's authorized representative.

B. exclude 40 CFR Part 61, Subparts B (National Emission Standards for Radon Emissions from Underground Uranium Mines), H (National Emission Standards for Emissions of Radionuclides Other Than Radon from Department of Energy Facilities), I (National Emission Standards for Radionuclide Emissions from Facilities Licensed by the NRC and Federal Facilities not covered by Subpart H), K ( National Emission Standard for Radionuclide Emissions from Elemental Phosphorus Plants), Q (National Emission Standards for Radon Emissions from Department of Energy Facilities), R (National Emission Standards for Radon Emissions from Phosphogypsum Stacks), T (National Emission Standards for Radon Emissions from the Disposal of UraniumMill Tailings), and W (National Emission Standards for Radon Emissions from Operating Mill Tailings).

C. the federal emission standards incorporated by this regulation shall not be subject to NMSA 1978, Section 74-2-8(Variances).

N.M. Admin. Code § 20.2.78.10

06/16/95; 20.2.78.9 NMAC - Rn, 20 NMAC 2.78.108 06/23/00, Amended by New Mexico Register, Volume XXVII, Issue 01, January 15, 2016, eff. 1/29/2016