| 39 | | - | or combination of tanks, including underground pipes |
|---|
| 40 | | - | connected thereto, that are used to contain petroleum, |
|---|
| 41 | | - | including crude oil or any fraction thereof that is liquid at |
|---|
| 42 | | - | standard conditions of temperature and pressure of sixty |
|---|
| 43 | | - | degrees Fahrenheit and fourteen and seven-tenths pounds per |
|---|
| 44 | | - | square inch absolute, and the volume of which is more than |
|---|
| 45 | | - | ninety percent above the surface of the ground. "Above |
|---|
| 46 | | - | ground storage tank" does not include any: |
|---|
| 47 | | - | (1) farm, ranch or residential tank used for |
|---|
| 48 | | - | storing motor fuel for noncommercial purposes; |
|---|
| 49 | | - | (2) pipeline facility, including gathering |
|---|
| 50 | | - | lines, that is regulated under Chapter 601 of Title 49 of the |
|---|
| 51 | | - | United States Code or that is an intrastate pipeline facility HENRC/HB 140/a |
|---|
| 52 | | - | Page 2 |
|---|
| 44 | + | or combination of tanks, including underground pipes connected |
|---|
| 45 | + | thereto, that are used to contain petroleum, including crude |
|---|
| 46 | + | oil or any fraction thereof that is liquid at standard |
|---|
| 47 | + | .229481.1SA underscored material = new |
|---|
| 48 | + | [bracketed material] = delete |
|---|
| 78 | | - | regulated under state laws as provided in Chapter 601 of |
|---|
| 79 | | - | Title 49 of the United States Code and that is determined by |
|---|
| 80 | | - | the United States secretary of transportation to be connected |
|---|
| 81 | | - | to a pipeline, or to be operated or intended to be capable of |
|---|
| 74 | + | conditions of temperature and pressure of sixty degrees |
|---|
| 75 | + | Fahrenheit and fourteen and seven-tenths pounds per square inch |
|---|
| 76 | + | absolute, and the volume of which is more than ninety percent |
|---|
| 77 | + | above the surface of the ground. "Above ground storage tank" |
|---|
| 78 | + | does not include any: |
|---|
| 79 | + | (1) farm, ranch or residential tank used for |
|---|
| 80 | + | storing motor fuel for noncommercial purposes; |
|---|
| 81 | + | (2) pipeline facility, including gathering |
|---|
| 82 | + | lines, that is regulated under Chapter 601 of Title 49 of the |
|---|
| 83 | + | United States Code or that is an intrastate pipeline facility |
|---|
| 84 | + | regulated under state laws as provided in Chapter 601 of Title |
|---|
| 85 | + | 49 of the United States Code and that is determined by the |
|---|
| 86 | + | United States secretary of transportation to be connected to a |
|---|
| 87 | + | pipeline, or to be operated or intended to be capable of |
|---|
| 89 | | - | (6) liquid trap, tank or associated |
|---|
| 90 | | - | gathering lines or other storage methods or devices related |
|---|
| 91 | | - | to oil, gas or mining exploration, production, |
|---|
| 92 | | - | transportation, refining, processing or storage, or to oil |
|---|
| 93 | | - | field service industry operations; |
|---|
| 94 | | - | (7) tank used for storing heating oil for |
|---|
| 95 | | - | consumptive use on the premises where stored; |
|---|
| 96 | | - | (8) pipes connected to any tank that is |
|---|
| 97 | | - | described in Paragraphs (1) through (7) of this subsection; |
|---|
| 98 | | - | or |
|---|
| 99 | | - | (9) tanks or related pipelines and |
|---|
| 100 | | - | facilities owned or used by a refinery, natural gas |
|---|
| 101 | | - | processing plant or pipeline company in the regular course of |
|---|
| 102 | | - | its refining, processing or pipeline business; HENRC/HB 140/a |
|---|
| 103 | | - | Page 3 |
|---|
| 94 | + | (6) liquid trap, tank or associated gathering |
|---|
| 95 | + | lines or other storage methods or devices related to oil, gas |
|---|
| 96 | + | or mining exploration, production, transportation, refining, |
|---|
| 97 | + | processing or storage, or to oil field service industry |
|---|
| 98 | + | operations; |
|---|
| 99 | + | .229481.1SA |
|---|
| 100 | + | - 2 - underscored material = new |
|---|
| 101 | + | [bracketed material] = delete |
|---|
| 180 | | - | person licensed pursuant to the Pesticide Control Act or |
|---|
| 181 | | - | hazardous waste designated as hazardous agricultural waste by |
|---|
| 182 | | - | the board, but does not include animal excrement in |
|---|
| 183 | | - | connection with farm, ranch or feedlot operations; |
|---|
| 180 | + | other instrumentality of the federal government and any |
|---|
| 181 | + | independent agency or establishment of that government, |
|---|
| 182 | + | including any government corporation and the government |
|---|
| 183 | + | publishing office; |
|---|
| 184 | + | H. "generator" means any person producing hazardous |
|---|
| 185 | + | waste; |
|---|
| 186 | + | I. "hazardous agricultural waste" means hazardous |
|---|
| 187 | + | waste generated as part of the licensed activity by any person |
|---|
| 188 | + | licensed pursuant to the Pesticide Control Act or hazardous |
|---|
| 189 | + | waste designated as hazardous agricultural waste by the board, |
|---|
| 190 | + | but does not include animal excrement in connection with farm, |
|---|
| 191 | + | ranch or feedlot operations; |
|---|
| 185 | | - | emergency incident involving a chemical or chemicals, |
|---|
| 186 | | - | including transportation wrecks, accidental spills or leaks, |
|---|
| 187 | | - | fires or explosions, which incident creates the reasonable |
|---|
| 188 | | - | probability of injury to human health or property; |
|---|
| 189 | | - | K. "hazardous waste": |
|---|
| 190 | | - | (1) means any solid waste or combination of |
|---|
| 191 | | - | solid wastes that, because of quantity, concentration or |
|---|
| 192 | | - | physical, chemical or infectious characteristics, may: |
|---|
| 193 | | - | (a) cause or significantly contribute |
|---|
| 194 | | - | to an increase in mortality or an increase in serious |
|---|
| 195 | | - | irreversible or incapacitating reversible illness; or |
|---|
| 196 | | - | (b) pose a substantial present or |
|---|
| 197 | | - | potential hazard to human health or the environment when |
|---|
| 198 | | - | improperly treated, stored, transported, disposed of or |
|---|
| 199 | | - | otherwise managed; |
|---|
| 200 | | - | (2) includes: |
|---|
| 201 | | - | (a) discarded aqueous film-forming foam |
|---|
| 202 | | - | containing intentionally added per- or polyfluoroalkyl |
|---|
| 203 | | - | substances; and |
|---|
| 204 | | - | (b) all solid waste or combination of HENRC/HB 140/a |
|---|
| 205 | | - | Page 5 |
|---|
| 193 | + | emergency incident involving a chemical or chemicals, including |
|---|
| 194 | + | transportation wrecks, accidental spills or leaks, fires or |
|---|
| 195 | + | explosions, which incident creates the reasonable probability |
|---|
| 196 | + | of injury to human health or property; |
|---|
| 197 | + | K. "hazardous waste" means any solid waste or |
|---|
| 198 | + | combination of solid wastes that because of their quantity, |
|---|
| 199 | + | concentration or physical, chemical or infectious |
|---|
| 200 | + | characteristics may: |
|---|
| 201 | + | (1) cause or significantly contribute to an |
|---|
| 202 | + | increase in mortality or an increase in serious irreversible or |
|---|
| 203 | + | incapacitating reversible illness; or |
|---|
| 204 | + | (2) pose a substantial present or potential |
|---|
| 205 | + | .229481.1SA |
|---|
| 206 | + | - 4 - underscored material = new |
|---|
| 207 | + | [bracketed material] = delete |
|---|
| 231 | | - | solid wastes listed and designated as hazardous waste by the |
|---|
| 232 | | - | federal environmental protection agency pursuant to the |
|---|
| 233 | | - | federal Resource Conservation and Recovery Act of 1976; |
|---|
| 234 | | - | provided that any solid waste or combination of solid wastes |
|---|
| 235 | | - | designated as hazardous by the federal environmental |
|---|
| 236 | | - | protection agency pursuant to the federal Resource |
|---|
| 237 | | - | Conservation and Recovery Act of 1976 on July 1, 2025 and |
|---|
| 238 | | - | subsequently removed by the federal environmental protection |
|---|
| 239 | | - | agency shall be considered hazardous waste; and |
|---|
| 240 | | - | (3) does not include the following |
|---|
| 241 | | - | substances, until the board determines that the substance is |
|---|
| 242 | | - | subject to Subtitle C of the federal Resource Conservation |
|---|
| 243 | | - | and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq.: |
|---|
| 244 | | - | (a) drilling fluids, produced waters |
|---|
| 245 | | - | and other wastes associated with the exploration, development |
|---|
| 246 | | - | or production of crude oil, natural gas or geothermal energy; |
|---|
| 233 | + | hazard to human health or the environment when improperly |
|---|
| 234 | + | treated, stored, transported, disposed of or otherwise managed. |
|---|
| 235 | + | "Hazardous waste" does not include any of the following, until |
|---|
| 236 | + | the board determines that they are subject to Subtitle C of the |
|---|
| 237 | + | federal Resource Conservation and Recovery Act of 1976, as |
|---|
| 238 | + | amended, 42 U.S.C. 6901 et seq.: |
|---|
| 239 | + | (a) drilling fluids, produced waters and |
|---|
| 240 | + | other wastes associated with the exploration, development or |
|---|
| 241 | + | production of crude oil or natural gas or geothermal energy; |
|---|
| 282 | | - | (g) cement kiln dust waste; or |
|---|
| 283 | | - | (h) solid wastes generated by the |
|---|
| 284 | | - | growing and harvesting of agricultural crops or the raising |
|---|
| 285 | | - | of animals, including animal manures, when those solid wastes |
|---|
| 286 | | - | are returned to the soils as fertilizer; |
|---|
| 287 | | - | L. "manifest" means the form used for identifying |
|---|
| 288 | | - | the quantity, composition, origin, routing and destination of |
|---|
| 289 | | - | hazardous waste during transportation from point of |
|---|
| 290 | | - | generation to point of disposal, treatment or storage; |
|---|
| 291 | | - | M. "person" means an individual, trust, firm, |
|---|
| 286 | + | [L.] M. "manifest" means the form used for |
|---|
| 287 | + | identifying the quantity, composition, origin, routing and |
|---|
| 288 | + | destination of hazardous waste during transportation from point |
|---|
| 289 | + | of generation to point of disposal, treatment or storage; |
|---|
| 290 | + | [M.] N. "person" means an individual, trust, firm, |
|---|
| 296 | | - | N. "regulated substance" means: |
|---|
| 297 | | - | (1) a substance defined in Section 101(14) |
|---|
| 298 | | - | of the federal Comprehensive Environmental Response, |
|---|
| 299 | | - | Compensation, and Liability Act of 1980, but not including a |
|---|
| 300 | | - | substance regulated as a hazardous waste under Subtitle C of |
|---|
| 301 | | - | the federal Resource Conservation and Recovery Act of 1976, |
|---|
| 302 | | - | as amended; and |
|---|
| 295 | + | [N.] O. "regulated substance" means: |
|---|
| 296 | + | (1) a substance defined in Section 101(14) of |
|---|
| 297 | + | the federal Comprehensive Environmental Response, Compensation, |
|---|
| 298 | + | and Liability Act of 1980, but not including a substance |
|---|
| 299 | + | regulated as a hazardous waste under Subtitle C of the federal |
|---|
| 300 | + | Resource Conservation and Recovery Act of 1976, as amended; and |
|---|
| 306 | | - | fourteen and seven-tenths pounds per square inch absolute; HENRC/HB 140/a |
|---|
| 307 | | - | Page 7 |
|---|
| 304 | + | fourteen and seven-tenths pounds per square inch absolute; |
|---|
| 305 | + | [O.] P. "solid waste" means any garbage, refuse, |
|---|
| 306 | + | sludge from a waste treatment plant, water supply treatment |
|---|
| 307 | + | plant or air pollution control facility and other discarded |
|---|
| 308 | + | material, including solid, liquid, semisolid or contained |
|---|
| 309 | + | gaseous material resulting from industrial, commercial, mining |
|---|
| 310 | + | and agricultural operations, and from community activities, but |
|---|
| 311 | + | .229481.1SA |
|---|
| 312 | + | - 6 - underscored material = new |
|---|
| 313 | + | [bracketed material] = delete |
|---|
| 344 | | - | nuclear or byproduct material as defined by the federal |
|---|
| 345 | | - | Atomic Energy Act of 1954, as amended, 68 Stat. 923; |
|---|
| 346 | | - | P. "storage" means the containment of hazardous |
|---|
| 347 | | - | waste, either on a temporary basis or for a period of years, |
|---|
| 348 | | - | in such a manner as not to constitute disposal of such |
|---|
| 344 | + | nuclear or byproduct material as defined by the federal Atomic |
|---|
| 345 | + | Energy Act of 1954, as amended, 68 Stat. 923; |
|---|
| 346 | + | [P.] Q. "storage" means the containment of |
|---|
| 347 | + | hazardous waste, either on a temporary basis or for a period of |
|---|
| 348 | + | years, in such a manner as not to constitute disposal of such |
|---|
| 354 | | - | S. "tank tester" means any individual who tests |
|---|
| 355 | | - | storage tanks; |
|---|
| 356 | | - | T. "transporter" means a person engaged in the |
|---|
| 357 | | - | movement of hazardous waste, not including movement at the HENRC/HB 140/a |
|---|
| 358 | | - | Page 8 |
|---|
| 354 | + | [S.] T. "tank tester" means any individual who |
|---|
| 355 | + | tests storage tanks; |
|---|
| 356 | + | [T.] U. "transporter" means a person engaged in the |
|---|
| 357 | + | movement of hazardous waste, not including movement at the site |
|---|
| 358 | + | of generation, disposal, treatment or storage; |
|---|
| 359 | + | [U.] V. "treatment" means any method, technique or |
|---|
| 360 | + | process, including neutralization, designed to change the |
|---|
| 361 | + | physical, chemical or biological character or composition of a |
|---|
| 362 | + | hazardous waste so as to neutralize the waste or so as to |
|---|
| 363 | + | render the waste nonhazardous, safer for transport, amenable to |
|---|
| 364 | + | .229481.1SA |
|---|
| 365 | + | - 7 - underscored material = new |
|---|
| 366 | + | [bracketed material] = delete |
|---|
| 384 | | - | site of generation, disposal, treatment or storage; |
|---|
| 385 | | - | U. "treatment" means any method, technique or |
|---|
| 386 | | - | process, including neutralization, designed to change the |
|---|
| 387 | | - | physical, chemical or biological character or composition of |
|---|
| 388 | | - | a hazardous waste so as to neutralize the waste or so as to |
|---|
| 389 | | - | render the waste nonhazardous, safer for transport, amenable |
|---|
| 390 | | - | to recovery, amenable to storage or reduced in volume. |
|---|
| 392 | + | recovery, amenable to storage or reduced in volume. |
|---|
| 494 | | - | of hazardous waste, as may be necessary to protect public |
|---|
| 495 | | - | health and the environment, that are equivalent to and at |
|---|
| 496 | | - | least as stringent as federal regulations adopted by the |
|---|
| 497 | | - | federal environmental protection agency pursuant to the |
|---|
| 498 | | - | federal Resource Conservation and Recovery Act of 1976, as |
|---|
| 499 | | - | amended: |
|---|
| 499 | + | of hazardous waste and hazardous waste constituents , as may be |
|---|
| 500 | + | necessary to protect public health and the environment, that |
|---|
| 501 | + | are equivalent to and at least as stringent as federal |
|---|
| 502 | + | regulations adopted by the federal environmental protection |
|---|
| 503 | + | agency pursuant to the federal Resource Conservation and |
|---|
| 504 | + | Recovery Act of 1976, as amended: |
|---|
| 501 | | - | hazardous wastes, taking into account toxicity, persistence |
|---|
| 502 | | - | and degradability, potential for accumulation in tissue and |
|---|
| 503 | | - | other related factors, including flammability, corrosiveness |
|---|
| 504 | | - | and other hazardous characteristics; provided that, except as |
|---|
| 505 | | - | authorized by Sections 74-4-3.3 and 74-8-2 NMSA 1978, the |
|---|
| 506 | | - | board shall not identify or list any solid waste or |
|---|
| 507 | | - | combination of solid wastes as a hazardous waste that has not |
|---|
| 508 | | - | been listed and designated as a hazardous waste by the |
|---|
| 509 | | - | federal environmental protection agency pursuant to the |
|---|
| 510 | | - | federal Resource Conservation and Recovery Act of 1976, as HENRC/HB 140/a |
|---|
| 511 | | - | Page 11 |
|---|
| 506 | + | hazardous wastes and hazardous waste constituents , taking into |
|---|
| 507 | + | account toxicity, persistence and degradability, potential for |
|---|
| 508 | + | accumulation in tissue and other related factors, including |
|---|
| 509 | + | flammability, corrosiveness and other hazardous |
|---|
| 510 | + | characteristics; [provided that, except as authorized by |
|---|
| 511 | + | Sections 74-4-3.3 and 74-8-2 NMSA 1978, the board shall not |
|---|
| 512 | + | identify or list any solid waste or combination of solid wastes |
|---|
| 513 | + | as a hazardous waste that has not been listed and designated as |
|---|
| 514 | + | a hazardous waste by the federal environmental protection |
|---|
| 515 | + | agency pursuant to the federal Resource Conservation and |
|---|
| 516 | + | Recovery Act of 1976, as amended ] |
|---|
| 517 | + | (2) establishing standards applicable to |
|---|
| 518 | + | generators identified or listed under this subsection, |
|---|
| 519 | + | including requirements for: |
|---|
| 520 | + | (a) furnishing information on the |
|---|
| 521 | + | location and description of the generator's facility and on the |
|---|
| 522 | + | production or energy recovery activity occurring at that |
|---|
| 523 | + | .229481.1SA |
|---|
| 524 | + | - 10 - underscored material = new |
|---|
| 525 | + | [bracketed material] = delete |
|---|
| 556 | | - | general chemical composition of the hazardous waste to |
|---|
| 557 | | - | persons transporting, treating, storing or disposing of the |
|---|
| 558 | | - | waste; |
|---|
| 559 | | - | (f) implementation of programs to |
|---|
| 560 | | - | reduce the volume or quantity and toxicity of the hazardous |
|---|
| 561 | | - | waste generated; HENRC/HB 140/a |
|---|
| 562 | | - | Page 12 |
|---|
| 563 | + | general chemical composition of the hazardous waste to persons |
|---|
| 564 | + | transporting, treating, storing or disposing of the waste; |
|---|
| 565 | + | (f) implementation of programs to reduce |
|---|
| 566 | + | the volume or quantity and toxicity of the hazardous waste |
|---|
| 567 | + | generated; |
|---|
| 568 | + | (g) submission of reports to the |
|---|
| 569 | + | secretary at such times as the secretary deems necessary, |
|---|
| 570 | + | setting out the quantities of hazardous waste identified or |
|---|
| 571 | + | listed pursuant to the Hazardous Waste Act that the generator |
|---|
| 572 | + | has generated during a particular time period and the |
|---|
| 573 | + | disposition of all hazardous waste reported, the efforts |
|---|
| 574 | + | undertaken during a particular time period to reduce the volume |
|---|
| 575 | + | and toxicity of waste generated and the changes in volume and |
|---|
| 576 | + | .229481.1SA |
|---|
| 577 | + | - 11 - underscored material = new |
|---|
| 578 | + | [bracketed material] = delete |
|---|
| 588 | | - | (g) submission of reports to the |
|---|
| 589 | | - | secretary at such times as the secretary deems necessary, |
|---|
| 590 | | - | setting out the quantities of hazardous waste identified or |
|---|
| 591 | | - | listed pursuant to the Hazardous Waste Act that the generator |
|---|
| 592 | | - | has generated during a particular time period and the |
|---|
| 593 | | - | disposition of all hazardous waste reported, the efforts |
|---|
| 594 | | - | undertaken during a particular time period to reduce the |
|---|
| 595 | | - | volume and toxicity of waste generated and the changes in |
|---|
| 596 | | - | volume and toxicity of waste actually achieved during a |
|---|
| 597 | | - | particular time period in comparison with previous time |
|---|
| 598 | | - | periods; and |
|---|
| 599 | | - | (h) the use of a manifest system and |
|---|
| 600 | | - | any other reasonable means necessary to ensure that all |
|---|
| 601 | | - | hazardous waste generated is designated for treatment, |
|---|
| 602 | | - | storage or disposal in, and arrives at, treatment, storage or |
|---|
| 603 | | - | disposal facilities, other than facilities on the premises |
|---|
| 604 | | - | where the waste is generated, for which a permit has been |
|---|
| 605 | | - | issued pursuant to the Hazardous Waste Act; that the |
|---|
| 606 | | - | generator of hazardous waste has a program in place to reduce |
|---|
| 607 | | - | the volume or quality and toxicity of waste to the degree |
|---|
| 608 | | - | determined by the generator to be economically practicable; |
|---|
| 609 | | - | and that the proposed method of treatment, storage or |
|---|
| 610 | | - | disposal is that practicable method currently available to |
|---|
| 611 | | - | the generator that minimizes the present and future threat to |
|---|
| 612 | | - | human health and the environment; HENRC/HB 140/a |
|---|
| 613 | | - | Page 13 |
|---|
| 604 | + | toxicity of waste actually achieved during a particular time |
|---|
| 605 | + | period in comparison with previous time periods; and |
|---|
| 606 | + | (h) the use of a manifest system and any |
|---|
| 607 | + | other reasonable means necessary to ensure that all hazardous |
|---|
| 608 | + | waste generated is designated for treatment, storage or |
|---|
| 609 | + | disposal in, and arrives at, treatment, storage or disposal |
|---|
| 610 | + | facilities, other than facilities on the premises where the |
|---|
| 611 | + | waste is generated, for which a permit has been issued pursuant |
|---|
| 612 | + | to the Hazardous Waste Act; that the generator of hazardous |
|---|
| 613 | + | waste has a program in place to reduce the volume or quality |
|---|
| 614 | + | and toxicity of waste to the degree determined by the generator |
|---|
| 615 | + | to be economically practicable; and that the proposed method of |
|---|
| 616 | + | treatment, storage or disposal is that practicable method |
|---|
| 617 | + | currently available to the generator that minimizes the present |
|---|
| 618 | + | and future threat to human health and the environment; |
|---|
| 619 | + | (3) establishing standards applicable to |
|---|
| 620 | + | transporters of hazardous waste identified or listed under this |
|---|
| 621 | + | subsection or of fuel produced from any such hazardous waste or |
|---|
| 622 | + | of fuel from such waste and any other material, as may be |
|---|
| 623 | + | necessary to protect human health and the environment, |
|---|
| 624 | + | including requirements for: |
|---|
| 625 | + | (a) recordkeeping concerning the |
|---|
| 626 | + | hazardous waste transported and its source and delivery points; |
|---|
| 627 | + | (b) transportation of the hazardous |
|---|
| 628 | + | waste only if properly labeled; |
|---|
| 629 | + | .229481.1SA |
|---|
| 630 | + | - 12 - underscored material = new |
|---|
| 631 | + | [bracketed material] = delete |
|---|
| 650 | 657 | | (c) compliance with the manifest system |
|---|
| 651 | 658 | | referred to in Subparagraph (h) of Paragraph (2) of this |
|---|
| 652 | 659 | | subsection; and |
|---|
| 653 | 660 | | (d) transportation of all the hazardous |
|---|
| 654 | 661 | | waste only to the hazardous waste treatment, storage or |
|---|
| 655 | 662 | | disposal facility that the shipper designates on the manifest |
|---|
| 656 | 663 | | form to be a facility holding a permit issued pursuant to the |
|---|
| 657 | 664 | | Hazardous Waste Act or the federal Resource Conservation and |
|---|
| 658 | 665 | | Recovery Act of 1976, as amended; |
|---|
| 659 | 666 | | (4) establishing standards applicable to |
|---|
| 660 | 667 | | distributors or marketers of any fuel produced from hazardous |
|---|
| 661 | 668 | | waste, or any fuel that contains hazardous waste, for: |
|---|
| 662 | 669 | | (a) furnishing the information stating |
|---|
| 663 | | - | the location and general description of the facility; and HENRC/HB 140/a |
|---|
| 664 | | - | Page 14 |
|---|
| 670 | + | the location and general description of the facility; and |
|---|
| 671 | + | (b) furnishing the information |
|---|
| 672 | + | describing the production or energy recovery activity carried |
|---|
| 673 | + | out at the facility; |
|---|
| 674 | + | (5) establishing performance standards as may |
|---|
| 675 | + | be necessary to protect human health and the environment |
|---|
| 676 | + | applicable to owners and operators of facilities for the |
|---|
| 677 | + | treatment, storage or disposal of hazardous waste identified or |
|---|
| 678 | + | listed under this section, distinguishing, where appropriate, |
|---|
| 679 | + | between new facilities and facilities in existence on the date |
|---|
| 680 | + | of promulgation, including requirements for: |
|---|
| 681 | + | (a) maintaining the records of all |
|---|
| 682 | + | .229481.1SA |
|---|
| 683 | + | - 13 - underscored material = new |
|---|
| 684 | + | [bracketed material] = delete |
|---|
| 690 | | - | (b) furnishing the information |
|---|
| 691 | | - | describing the production or energy recovery activity carried |
|---|
| 692 | | - | out at the facility; |
|---|
| 693 | | - | (5) establishing performance standards as |
|---|
| 694 | | - | may be necessary to protect human health and the environment |
|---|
| 695 | | - | applicable to owners and operators of facilities for the |
|---|
| 696 | | - | treatment, storage or disposal of hazardous waste identified |
|---|
| 697 | | - | or listed under this section, distinguishing, where |
|---|
| 698 | | - | appropriate, between new facilities and facilities in |
|---|
| 699 | | - | existence on the date of promulgation, including requirements |
|---|
| 700 | | - | for: |
|---|
| 701 | | - | (a) maintaining the records of all |
|---|
| 702 | | - | hazardous waste identified or listed under this subsection |
|---|
| 703 | | - | that is treated, stored or disposed of, as the case may be, |
|---|
| 704 | | - | and the manner in which the waste was treated, stored or |
|---|
| 705 | | - | disposed of; |
|---|
| 710 | + | hazardous waste identified or listed under this subsection that |
|---|
| 711 | + | is treated, stored or disposed of, as the case may be, and the |
|---|
| 712 | + | manner in which the waste was treated, stored or disposed of; |
|---|
| 711 | | - | except with respect to underground injection control into |
|---|
| 712 | | - | deep injection wells, received by the facility pursuant to |
|---|
| 713 | | - | such operating methods, techniques and practices as may be |
|---|
| 714 | | - | satisfactory to the secretary; HENRC/HB 140/a |
|---|
| 715 | | - | Page 15 |
|---|
| 718 | + | except with respect to underground injection control into deep |
|---|
| 719 | + | injection wells, received by the facility pursuant to such |
|---|
| 720 | + | operating methods, techniques and practices as may be |
|---|
| 721 | + | satisfactory to the secretary; |
|---|
| 722 | + | (d) location, design and construction of |
|---|
| 723 | + | hazardous waste treatment, disposal or storage facilities; |
|---|
| 724 | + | (e) contingency plans for effective |
|---|
| 725 | + | action to minimize unanticipated damage from any treatment, |
|---|
| 726 | + | storage or disposal of any hazardous waste; |
|---|
| 727 | + | (f) maintenance and operation of the |
|---|
| 728 | + | facilities and requiring any additional qualifications as to |
|---|
| 729 | + | ownership, continuity of operation, training for personnel and |
|---|
| 730 | + | financial responsibility, including financial responsibility |
|---|
| 731 | + | for corrective action, as may be necessary or desirable; |
|---|
| 732 | + | (g) compliance with the requirements of |
|---|
| 733 | + | Paragraph (6) of this subsection respecting permits for |
|---|
| 734 | + | treatment, storage or disposal; |
|---|
| 735 | + | .229481.1SA |
|---|
| 736 | + | - 14 - underscored material = new |
|---|
| 737 | + | [bracketed material] = delete |
|---|
| 741 | | - | (d) location, design and construction |
|---|
| 742 | | - | of hazardous waste treatment, disposal or storage facilities; |
|---|
| 743 | | - | (e) contingency plans for effective |
|---|
| 744 | | - | action to minimize unanticipated damage from any treatment, |
|---|
| 745 | | - | storage or disposal of any hazardous waste; |
|---|
| 746 | | - | (f) maintenance and operation of the |
|---|
| 747 | | - | facilities and requiring any additional qualifications as to |
|---|
| 748 | | - | ownership, continuity of operation, training for personnel |
|---|
| 749 | | - | and financial responsibility, including financial |
|---|
| 750 | | - | responsibility for corrective action, as may be necessary or |
|---|
| 751 | | - | desirable; |
|---|
| 752 | | - | (g) compliance with the requirements of |
|---|
| 753 | | - | Paragraph (6) of this subsection respecting permits for |
|---|
| 754 | | - | treatment, storage or disposal; |
|---|
| 760 | | - | beyond a facility's boundaries where necessary to protect |
|---|
| 761 | | - | human health and the environment unless the owner or operator |
|---|
| 762 | | - | of that facility demonstrates to the satisfaction of the |
|---|
| 763 | | - | secretary that, despite the owner's or operator's best |
|---|
| 764 | | - | efforts, the owner or operator was unable to obtain the |
|---|
| 765 | | - | necessary permission to undertake such action. Rules adopted HENRC/HB 140/a |
|---|
| 766 | | - | Page 16 |
|---|
| 769 | + | beyond a facility's boundaries where necessary to protect human |
|---|
| 770 | + | health and the environment unless the owner or operator of that |
|---|
| 771 | + | facility demonstrates to the satisfaction of the secretary |
|---|
| 772 | + | that, despite the owner's or operator's best efforts, the owner |
|---|
| 773 | + | or operator was unable to obtain the necessary permission to |
|---|
| 774 | + | undertake such action. Rules adopted and promulgated under |
|---|
| 775 | + | this subparagraph shall take effect immediately and shall apply |
|---|
| 776 | + | to all facilities operating under permits issued under |
|---|
| 777 | + | Paragraph (6) of this subsection and to all landfills, surface |
|---|
| 778 | + | impoundments and waste pile units, including any new units, |
|---|
| 779 | + | replacements of existing units or lateral expansions of |
|---|
| 780 | + | existing units, that receive hazardous waste after July 26, |
|---|
| 781 | + | 1982. No private entity shall be precluded by reason of |
|---|
| 782 | + | criteria established under Subparagraph (f) of this paragraph |
|---|
| 783 | + | from the ownership or operation of facilities providing |
|---|
| 784 | + | hazardous waste treatment, storage or disposal services where |
|---|
| 785 | + | the entity can provide assurance of financial responsibility |
|---|
| 786 | + | and continuity of operation consistent with the degree and |
|---|
| 787 | + | duration of risks associated with the treatment, storage or |
|---|
| 788 | + | .229481.1SA |
|---|
| 789 | + | - 15 - underscored material = new |
|---|
| 790 | + | [bracketed material] = delete |
|---|
| 792 | | - | and promulgated under this subparagraph shall take effect |
|---|
| 793 | | - | immediately and shall apply to all facilities operating under |
|---|
| 794 | | - | permits issued under Paragraph (6) of this subsection and to |
|---|
| 795 | | - | all landfills, surface impoundments and waste pile units, |
|---|
| 796 | | - | including any new units, replacements of existing units or |
|---|
| 797 | | - | lateral expansions of existing units, that receive hazardous |
|---|
| 798 | | - | waste after July 26, 1982. No private entity shall be |
|---|
| 799 | | - | precluded by reason of criteria established under |
|---|
| 800 | | - | Subparagraph (f) of this paragraph from the ownership or |
|---|
| 801 | | - | operation of facilities providing hazardous waste treatment, |
|---|
| 802 | | - | storage or disposal services where the entity can provide |
|---|
| 803 | | - | assurance of financial responsibility and continuity of |
|---|
| 804 | | - | operation consistent with the degree and duration of risks |
|---|
| 805 | | - | associated with the treatment, storage or disposal of |
|---|
| 806 | | - | specified hazardous waste; |
|---|
| 807 | | - | (6) requiring each person owning or |
|---|
| 808 | | - | operating, or both, an existing facility or planning to |
|---|
| 809 | | - | construct a new facility for the treatment, storage or |
|---|
| 810 | | - | disposal of hazardous waste identified or listed under this |
|---|
| 811 | | - | subsection to have a permit issued pursuant to requirements |
|---|
| 812 | | - | established by the board; |
|---|
| 813 | | - | (7) establishing procedures for the |
|---|
| 814 | | - | issuance, suspension, revocation and modification of permits |
|---|
| 815 | | - | issued under Paragraph (6) of this subsection, which rules |
|---|
| 816 | | - | shall provide for public notice, public comment and an HENRC/HB 140/a |
|---|
| 817 | | - | Page 17 |
|---|
| 816 | + | disposal of specified hazardous waste; |
|---|
| 817 | + | (6) requiring each person owning or operating, |
|---|
| 818 | + | or both, an existing facility or planning to construct a new |
|---|
| 819 | + | facility for the treatment, storage or disposal of hazardous |
|---|
| 820 | + | waste identified or listed under this subsection to have a |
|---|
| 821 | + | permit issued pursuant to requirements established by the |
|---|
| 822 | + | board; |
|---|
| 823 | + | (7) establishing procedures for the issuance, |
|---|
| 824 | + | suspension, revocation and modification of permits issued under |
|---|
| 825 | + | Paragraph (6) of this subsection, which rules shall provide for |
|---|
| 826 | + | public notice, public comment and an opportunity for a hearing |
|---|
| 827 | + | prior to the issuance, suspension, revocation or major |
|---|
| 828 | + | modification of any permit unless otherwise provided in the |
|---|
| 829 | + | Hazardous Waste Act; |
|---|
| 830 | + | (8) defining major and minor modifications; |
|---|
| 831 | + | and |
|---|
| 832 | + | (9) establishing procedures for the inspection |
|---|
| 833 | + | of facilities for the treatment, storage and disposal of |
|---|
| 834 | + | hazardous waste that govern the minimum frequency and manner of |
|---|
| 835 | + | the inspections, the manner in which records of the inspections |
|---|
| 836 | + | shall be maintained and the manner in which reports of the |
|---|
| 837 | + | inspections shall be filed; provided, however, that inspections |
|---|
| 838 | + | of permitted facilities shall occur no less often than every |
|---|
| 839 | + | two years. |
|---|
| 840 | + | B. The board shall adopt rules: |
|---|
| 841 | + | .229481.1SA |
|---|
| 842 | + | - 16 - underscored material = new |
|---|
| 843 | + | [bracketed material] = delete |
|---|
| 867 | | - | Recovery Act of 1976, as amended. HENRC/HB 140/a |
|---|
| 868 | | - | Page 18 |
|---|
| 879 | + | Recovery Act of 1976, as amended. |
|---|
| 880 | + | D. The board shall adopt rules concerning storage |
|---|
| 881 | + | tanks that implement the federal Energy Policy Act of 2005, |
|---|
| 882 | + | Pub. L. 109-58, as amended, and that are equivalent to and at |
|---|
| 883 | + | least as stringent as the Energy Policy Act and its grant |
|---|
| 884 | + | guidelines and regulations. |
|---|
| 885 | + | E. Rules adopted pursuant to this section shall |
|---|
| 886 | + | include: |
|---|
| 887 | + | (1) standards for the installation, operation, |
|---|
| 888 | + | maintenance, repair and replacement of storage tanks; |
|---|
| 889 | + | (2) requirements for financial responsibility; |
|---|
| 890 | + | (3) standards for inventory control; |
|---|
| 891 | + | (4) standards for the detection of leaks from |
|---|
| 892 | + | and the integrity-testing and monitoring of storage tanks; |
|---|
| 893 | + | (5) standards for the closure and dismantling |
|---|
| 894 | + | .229481.1SA |
|---|
| 895 | + | - 17 - underscored material = new |
|---|
| 896 | + | [bracketed material] = delete |
|---|
| 894 | | - | D. The board shall adopt rules concerning storage |
|---|
| 895 | | - | tanks that implement the federal Energy Policy Act of 2005, |
|---|
| 896 | | - | Pub. L. 109-58, as amended, and that are equivalent to and at |
|---|
| 897 | | - | least as stringent as the Energy Policy Act and its grant |
|---|
| 898 | | - | guidelines and regulations. |
|---|
| 899 | | - | E. Rules adopted pursuant to this section shall |
|---|
| 900 | | - | include: |
|---|
| 901 | | - | (1) standards for the installation, |
|---|
| 902 | | - | operation, maintenance, repair and replacement of storage |
|---|
| 903 | | - | tanks; |
|---|
| 904 | | - | (2) requirements for financial |
|---|
| 905 | | - | responsibility; |
|---|
| 906 | | - | (3) standards for inventory control; |
|---|
| 907 | | - | (4) standards for the detection of leaks |
|---|
| 908 | | - | from and the integrity-testing and monitoring of storage |
|---|
| 909 | | - | tanks; |
|---|
| 910 | | - | (5) standards for the closure and |
|---|
| 911 | | - | dismantling of storage tanks; |
|---|
| 922 | + | of storage tanks; |
|---|
| 916 | | - | (8) criteria and procedures for classifying |
|---|
| 917 | | - | a storage tank facility as ineligible, and reclassifying a |
|---|
| 918 | | - | storage tank facility as eligible, for the delivery, deposit, HENRC/HB 140/a |
|---|
| 919 | | - | Page 19 |
|---|
| 927 | + | (8) criteria and procedures for classifying a |
|---|
| 928 | + | storage tank facility as ineligible, and reclassifying a |
|---|
| 929 | + | storage tank facility as eligible, for the delivery, deposit, |
|---|
| 930 | + | acceptance or sale of petroleum products. |
|---|
| 931 | + | F. The criteria and procedures adopted by the board |
|---|
| 932 | + | pursuant to this section shall require the department to |
|---|
| 933 | + | classify a storage tank facility as ineligible for delivery, |
|---|
| 934 | + | deposit, acceptance or sale of petroleum products if the |
|---|
| 935 | + | storage tank facility has not installed required equipment for |
|---|
| 936 | + | spill prevention, overfill protection, leak detection or |
|---|
| 937 | + | corrosion protection, including required corrosion protection |
|---|
| 938 | + | equipment for a buried metal flexible connector. |
|---|
| 939 | + | G. The criteria and procedures adopted by the board |
|---|
| 940 | + | pursuant to this section may allow the department to classify a |
|---|
| 941 | + | storage tank facility as ineligible for delivery, deposit, |
|---|
| 942 | + | acceptance or sale of petroleum products when the owner or |
|---|
| 943 | + | operator has failed to comply with a written warning within a |
|---|
| 944 | + | reasonable period of time and the warning concerns: |
|---|
| 945 | + | (1) improper operation or maintenance of |
|---|
| 946 | + | required equipment for spill prevention, overfill protection, |
|---|
| 947 | + | .229481.1SA |
|---|
| 948 | + | - 18 - underscored material = new |
|---|
| 949 | + | [bracketed material] = delete |
|---|
| 945 | | - | acceptance or sale of petroleum products. |
|---|
| 946 | | - | F. The criteria and procedures adopted by the |
|---|
| 947 | | - | board pursuant to this section shall require the department |
|---|
| 948 | | - | to classify a storage tank facility as ineligible for |
|---|
| 949 | | - | delivery, deposit, acceptance or sale of petroleum products |
|---|
| 950 | | - | if the storage tank facility has not installed required |
|---|
| 951 | | - | equipment for spill prevention, overfill protection, leak |
|---|
| 952 | | - | detection or corrosion protection, including required |
|---|
| 953 | | - | corrosion protection equipment for a buried metal flexible |
|---|
| 954 | | - | connector. |
|---|
| 955 | | - | G. The criteria and procedures adopted by the |
|---|
| 956 | | - | board pursuant to this section may allow the department to |
|---|
| 957 | | - | classify a storage tank facility as ineligible for delivery, |
|---|
| 958 | | - | deposit, acceptance or sale of petroleum products when the |
|---|
| 959 | | - | owner or operator has failed to comply with a written warning |
|---|
| 960 | | - | within a reasonable period of time and the warning concerns: |
|---|
| 961 | | - | (1) improper operation or maintenance of |
|---|
| 962 | | - | required equipment for spill prevention, overfill protection, |
|---|
| 966 | | - | (3) operation of the storage tank facility |
|---|
| 967 | | - | in a manner that creates an imminent threat to the public |
|---|
| 968 | | - | health and the environment. |
|---|
| 969 | | - | H. Rules adopted by the board pursuant to this HENRC/HB 140/a |
|---|
| 970 | | - | Page 20 |
|---|
| 978 | + | (3) operation of the storage tank facility in |
|---|
| 979 | + | a manner that creates an imminent threat to the public health |
|---|
| 980 | + | and the environment. |
|---|
| 981 | + | H. Rules adopted by the board pursuant to this |
|---|
| 982 | + | section shall defer classifying a storage tank facility as |
|---|
| 983 | + | ineligible for delivery, deposit, acceptance or sale of |
|---|
| 984 | + | petroleum products if the ineligible classification would |
|---|
| 985 | + | jeopardize the availability of, or access to, motor fuel in any |
|---|
| 986 | + | rural and remote areas. |
|---|
| 987 | + | I. Rules adopted by the board pursuant to this |
|---|
| 988 | + | section shall allow the department to authorize delivery or |
|---|
| 989 | + | deposit of petroleum products to: |
|---|
| 990 | + | (1) an emergency generator tank that is |
|---|
| 991 | + | otherwise ineligible for delivery or deposit if a commercial |
|---|
| 992 | + | power failure or other declared state of emergency exists and |
|---|
| 993 | + | the emergency generator tank provides power supply, stores |
|---|
| 994 | + | petroleum and is used solely in connection with an emergency |
|---|
| 995 | + | system, legally required standby system or optional standby |
|---|
| 996 | + | system; or |
|---|
| 997 | + | (2) a storage tank facility that is otherwise |
|---|
| 998 | + | ineligible for delivery or deposit if the delivery or deposit |
|---|
| 999 | + | is necessary to test or calibrate a tank. |
|---|
| 1000 | + | .229481.1SA |
|---|
| 1001 | + | - 19 - underscored material = new |
|---|
| 1002 | + | [bracketed material] = delete |
|---|
| 996 | | - | section shall defer classifying a storage tank facility as |
|---|
| 997 | | - | ineligible for delivery, deposit, acceptance or sale of |
|---|
| 998 | | - | petroleum products if the ineligible classification would |
|---|
| 999 | | - | jeopardize the availability of, or access to, motor fuel in |
|---|
| 1000 | | - | any rural and remote areas. |
|---|
| 1001 | | - | I. Rules adopted by the board pursuant to this |
|---|
| 1002 | | - | section shall allow the department to authorize delivery or |
|---|
| 1003 | | - | deposit of petroleum products to: |
|---|
| 1004 | | - | (1) an emergency generator tank that is |
|---|
| 1005 | | - | otherwise ineligible for delivery or deposit if a commercial |
|---|
| 1006 | | - | power failure or other declared state of emergency exists and |
|---|
| 1007 | | - | the emergency generator tank provides power supply, stores |
|---|
| 1008 | | - | petroleum and is used solely in connection with an emergency |
|---|
| 1009 | | - | system, legally required standby system or optional standby |
|---|
| 1010 | | - | system; or |
|---|
| 1011 | | - | (2) a storage tank facility that is |
|---|
| 1012 | | - | otherwise ineligible for delivery or deposit if the delivery |
|---|
| 1013 | | - | or deposit is necessary to test or calibrate a tank. |
|---|