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Effective Date of Changes to Parts 1-3 and 17 is June 14, 2002

Revised Regulations for USTs/ASTs, Tank Registration, Fees and Corrective Action Fund Administration. Effective Date of Changes to Parts 1-3 and 17 is June 14, 2002. Overview of Major Changes to 20.5 NMAC Parts 1, 2, 3, and 17. Part 1: Definitions Part 2: Registration of Tanks

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Effective Date of Changes to Parts 1-3 and 17 is June 14, 2002

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  1. Revised Regulations for USTs/ASTs,Tank Registration, Fees and Corrective Action Fund Administration • Effective Date of Changes to Parts 1-3 and 17 is June 14, 2002

  2. Overview of Major Changes to 20.5 NMAC Parts 1, 2, 3, and 17 Part 1: Definitions Part 2: Registration of Tanks Part 3: Annual Fee Part 17: Corrective Action Fund Administration

  3. Part 1 – General Provisions Definitions including USTs and ASTs Defines what universe we will regulate >1100 gallons Permanently installed Crude oil exempt Emergency generator tanks exempt Bulk Facility vs. Bulk Terminal

  4. Part 2 – Registration of Tanks &Part 3 – Annual Fee Registration of ASTs and payment of $100 per tank per year fee Revised late fee: $25 per year or 25% rather than interest

  5. Part 17 – Corrective Action Fund Administration Compliance Determination Performance Criteria Prior Cost Claims Competitive Contractor Selection

  6. Compliance Determination • ASTs – Compliance period after July 1, 2001 • Compliance requirement Registration of ASTs until Parts 4-16 are revised

  7. Performance Criteria OLD • Performance required at all sites for remediation only NEW • Performance specified in proposal specifications on a site-by-site basis

  8. Prior Cost Claims Short-term • Necessary work completed within reasonable and customary costs after July 1, 2001 Long-term • After June 14, 2002: Pre-approval required

  9. Competitive Contractor Selection OLD • Competitive Contractor Selection required for all stages of work NEW • Investigation – eliminated • Remediation – required eliminated two track option replaced with O/O participation

  10. Competitive Contractor Selection • Procedure outlined in Subsection 301 • outlined in regulations rather than in guidance • meets all public procurement requirements • Option for Owner/Operator to participate in evaluation of proposals

  11. Competitive Contractor Selection • Competitive Bidding Required by Statute • State Responsible for Administration of the CAF • Solicitation of Proposals • RP Participation • Protest Process • Revised Fee Schedule

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