HB 140 — "HAZARDOUS WASTE CONSTITUENT" DEFINITION

o t hr (a) cause or significantly contribute to g e i k an increase in mortality or an increase in serious irreversible h r i s h or incapacitating reversible illness;

or , t, e u g (b) pose a substantial present or e b l e e h potential hazard to human health or the environment when n d d i = = o h l ] b ,d improperly treated, stored, transported, disposed of or i a º e r i = r otherwise managed;

t e w d m a n o (2) includes:

d(a) mdiscarded :aqueous film-forming foam containing intentionally added per- or polyfluoroalkyl substances;

band e(b) dall ssolid ºwaste oor tcombination nof =HENRC/HB .230433.2AIC140/a MarchPage 6,4 2025solid (3:29pm)wastes slisted kand mdesignated eas -hazardous 6waste -by ethe afederal nenvironmental eprotection dagency rpursuant eto lthe ufederal [Resource AConservation dand HENRC/HBRecovery 140Act (a)of discarded1976; aqueous film-forming foam containing intentionally added per- or polyfluoroalkyl substances;

and (b) all solid waste or combination of solid wastes listed and designated as hazardous waste by the federal environmental protection agency pursuant to the federal Resource Conservation and Recovery Act of 1976;

and (3) does not include the following substances, until the board determines that the substance is subject to Subtitle C of the federal Resource Conservation and Recovery h Act of 1976, as amended, 42 U.S.C.

g o (a) drilling fluids, produced waters and t hr g e i k other wastes associated with the exploration, development or h r i s production of crude oil, natural gas or geothermal energy;

h , t, (b) fly ash waste;

e u g e b l e e h (c) bottom ash waste;

n d d i = = o h (d) slag waste;

l ] b ,d i a º e (e) flue gas emission control waste r i = r t e w d m a n o generated primarily from the combustion of coal or other fossil dfuels; m :

b e d s º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 7 - e a n e d r e l u [ A d HENRC/HB 140 fuels;

HENRC/HB 140/a Page 5 (g) cement kiln dust waste;

or (h) solid wastes generated by the growing and harvesting of agricultural crops or the raising of animals, including animal manures, when those solid wastes are returned to the soils as fertilizer;»Hfl1fertilizer; [L.

]L. Hfl1ºM.»Hfl1 Hfl1ºL.»Hfl1 "manifest" means the form used for identifying the quantity, composition, origin, routing and destination of hazardous waste during transportation from point of generation to point of disposal, treatment or storage;

[M."manifest" means the form used for identifying the quantity, composition, origin, routing and destination of hazardous waste during transportation from point of generation to point of disposal, treatment or storage;

]M. Hfl1ºN.»Hfl1 Hfl1ºM.»Hfl1 "person" means an individual, trust, firm, joint stock company, federal agency, h corporation, including a government corporation, partnership, g o t hr association, state, municipality, commission, political g e i k subdivision of a state or any interstate body;

h"person" rmeans ian sindividual, [N.trust, firm, joint stock company, federal agency, corporation, including a government corporation, partnership, association, state, municipality, commission, political subdivision of a state or any interstate body;

]N. Hfl1ºO.»Hfl1 Hfl1ºN.»Hfl1 "regulated h , t, e u g substance" means:

e"regulated bsubstance" lmeans: e e h (1) a substance defined in Section 101(14) of n d d i = = o h the federal Comprehensive Environmental Response, Compensation, l ] b ,d i a º e r i = r and Liability Act of 1980, but not including a substance t e w d m a n o regulated as a hazardous waste under Subtitle C of the federal d m :

b(1) ea dsubstance sdefined ºin oSection t101(14) nof =the .230433.2AICfederal MarchComprehensive 6,Environmental 2025Response, (3:29pm)Compensation, sand kLiability mAct eof -1980, 8but -not eincluding a nsubstance eregulated das ra ehazardous lwaste uunder [Subtitle AC dof HENRC/HBthe 140federal Resource Conservation and Recovery Act of 1976, as amended;

[O.]HENRC/HB Hfl1ºP.»Hfl1140/a Hfl1ºO.»Hfl1Page "solid6 waste"O. means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended, 86 h Stat.

880,"solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or source,air specialpollution nuclearcontrol facility and other discarded material, including solid, liquid, semisolid or byproductcontained gaseous material asresulting gfrom oindustrial, definedcommercial, bymining theand federalagricultural Atomicoperations, Energyand Actfrom community activities, but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of 1954,the asFederal amended,Water tPollution hrControl gAct, eas 68amended, 86 Stat.

880, or source, special nuclear or byproduct material as defined by the federal Atomic Energy Act of 1954, as amended, 68 Stat.

iP. k h r i s [P.] Hfl1ºQ.»Hfl1 Hfl1ºP.»Hfl1 "storage" means h , t, the containment of hazardous waste, either on a temporary basis e u g e b l or for a period of years, in such a manner as not to constitute e e h n d d i disposal of such hazardous waste;

="storage" =means othe hcontainment lof ]hazardous bwaste, ,deither ion a ºtemporary ebasis [Q.]or Hfl1ºR.»Hfl1for Hfl1ºQ.»Hfl1a "storageperiod tank"of ryears, iin =such ra tmanner eas wnot dto meansconstitute andisposal aboveof groundsuch storagehazardous tankwaste; or an underground storage m a n o d m :

bQ. e d s º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 9 - e a n e d r e l u [ A d HENRC/HB 140 tank;

[R."storage tank" means an above ground storage tank or an underground storage tank;

]R. Hfl1ºS.»Hfl1 Hfl1ºR.»Hfl1 "tank installer" means any individual who installs or repairs a storage tank;

[S.] Hfl1ºT.»Hfl1 Hfl1ºS.»Hfl1 "tank tester"installer" means any individual who testsinstalls or repairs a storage tanks;tank;

[T.]S. Hfl1ºU.»Hfl1 Hfl1ºT.»Hfl1 "transporter" means a person engaged in the movement of hazardous waste, not including movement at the site of generation, disposal, treatment or storage;

[U."tank tester" means any individual who tests storage tanks;

]T. Hfl1ºV.»Hfl1 Hfl1ºU.»Hfl1 "treatment" means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

"Treatment""transporter" includesmeans anya activityperson orengaged hin processingthe designedmovement toof changehazardous thewaste, physicalnot formincluding ormovement chemicalat gthe oHENRC/HB t140/a hrPage composition7 site of hazardousgeneration, wastedisposal, sotreatment asor tostorage; render it nonhazardous;

gU. e i k [V.

]"treatment" Hfl1ºW.»Hfl1 Hfl1ºV.»Hfl1 "underground h r i s storage tank" means aany singlemethod, tanktechnique or aprocess, combination of tanks, h , t, including undergroundneutralization, pipesdesigned connected thereto, that is used to echange uthe gphysical, echemical bor lbiological echaracter eor hcomposition contain an accumulation of regulateda substanceshazardous andwaste theso volumeas nto dneutralize dthe iwaste =or =so oas hto ofrender which, including the volumewaste ofnonhazardous, thesafer undergroundfor pipestransport, lamenable ]to brecovery, ,damenable ito astorage º e connected thereto, is ten percent or morereduced beneathin thevolume. surface r i = r t e w d m a n o of the ground.

"Underground"Treatment" storageincludes tank"any doesactivity notor includeprocessing ddesigned mto :change the physical form or chemical composition of hazardous waste so as to render it nonhazardous;

bV. e d s º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 10 - e a n e d r e l u [ A d HENRC/HB 140 any:

"underground storage tank" means a single tank or a combination of tanks, including underground pipes connected thereto, that is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground.

"Underground storage tank" does not include any:

(3) pipeline facility, including gathering lines, that is regulated under Chapter 601 of Title 49 of the United States Code or that is an intrastate pipeline facility regulated under state laws as provided in Chapter 601 of HENRC/HB 140/a Page 8 Title 49 of the United States Code and that is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;

(5) storm water or wastewater collection h system;

g o (6) flow-through process tank;

t hr g e (7) liquid trap, tank or associated gathering i k h r i s lines directly related to oil or gas production and gathering h , t, operations;

e u g e b l (8) storage tank situated in an underground e e h n d d i area, such as a basement, cellar, mineworking drift, shaft or = = o h l ] b ,d i a º e tunnel, if the storage tank is situated upon or above the r i = r t e w d surface of the undesignated floor;

m(9) atank nused ofor dstoring mheating :oil for consumptive use on the premises where stored;

b e d s º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 11 - e a n e d r e l u [ A d HENRC/HB 140 (9) tank used for storing heating oil for consumptive use on the premises where stored;

and [W.HENRC/HB 140/a Page 9 W.

] Hfl1ºX.»Hfl1 Hfl1ºW.»Hfl1 "used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities." SECTION 2.

The board shall adopt rules for the management h of hazardous waste, Hfl1º hazardous constituents and hazardous g o t hr waste constituents,»Hfl1 as may be necessary to protect public g e i k health and the environment, that are equivalent to and at least h r i s as stringent as federal regulations adopted by the federal h , t, environmental protection agency pursuant to the federal e u g e b l e e h Resource Conservation and Recovery Act of 1976, as amended:

n d d i = = o h (1) for the identification and listing of lhazardous ]wastes, btaking ,dinto iaccount atoxicity, ºpersistence e hazardous wastes Hfl1º and hazardousdegradability, wastepotential constituents»Hfl1for ,accumulation rin itissue =and rother trelated efactors, wincluding dflammability, mcorrosiveness a n o taking into account toxicity, persistence and degradability,other dhazardous mcharacteristics; :

bprovided ethat, dexcept sas ºauthorized oby tSections n74-4-3.3 =and .230433.2AIC74-8-2 MarchNMSA 6,1978, 2025the (3:29pm)board sshall knot midentify eor -list 12any -solid ewaste or combination of solid wastes as a nhazardous ewaste dthat rhas enot lbeen ulisted [and Adesignated das HENRC/HBa 140hazardous potentialwaste forby accumulationthe infederal tissueenvironmental andprotection otheragency relatedpursuant factors,to includingthe flammability,federal corrosivenessResource Conservation and otherRecovery hazardousAct characteristics;of 1976, as HENRC/HB 140/a Page 10 amended;

Hfl1º [provided that, except as authorized by Sections 74-4-3.3 and 74-8-2 NMSA 1978, the board shall not identify or list any solid waste or combination of solid wastes as a hazardous waste that has not been listed and designated as a hazardous waste by the federal environmental protection agency pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended]»Hfl1 Hfl1ºprovided that, except as authorized by Sections 74-4-3.3 and 74-8-2 NMSA 1978, the board shall not identify or list any solid waste or combination of solid wastes as a hazardous waste that has not been listed and designated as a hazardous waste by the federal environmental protection agency pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended;»Hfl1 h (2) establishing standards applicable to u » r generators identified or listed under this subsection, t h g e including requirements for:

l i h r i s (a) furnishing information on the h , e h location and description of the generator's facility and on the t u g e b l production or energy recovery activity occurring at that e e , gh n d d i = = o h facility;

l(b) ]recordkeeping bpractices ,dthat iaccurately aidentify ºthe rquantities (b)of recordkeepinghazardous practiceswaste thatgenerated, ethe rconstituents =of tthe ewaste wthat dare accuratelysignificant identifyin thequantity quantitiesor ofin hazardouspotential wasteharm mto ahuman nhealth oor dthe menvironment :and the disposition of the waste;

b r e t º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 13 - e a n e d r e l u [ A d HENRC/HB 140 generated, the constituents of the waste that are significant in quantity or in potential harm to human health or the environment and the disposition of the waste;

HENRC/HB 140/a Page 11 (g) submission of reports to the secretary at such times as the secretary deems necessary, h setting out the quantities of hazardous waste identified or u » r listed pursuant to the Hazardous Waste Act that the generator t h g e has generated during a particular time period and the l i h r i s disposition of all hazardous waste reported, the efforts h , e h undertaken during a particular time period to reduce the volume t u g e b l and toxicity of waste generated and the changes in volume and e e , gh n d d i = = o h toxicity of waste actually achieved during a particular time l ] b ,d i a º r period in comparison with previous time periods;

and e r = t e w d (h) the use of a manifest system and any mother reasonable means necessary to ensure that all hazardous waste generated is designated for treatment, storage or disposal in, and arrives at, treatment, storage or disposal facilities, other than facilities on the premises where the waste is generated, for which a npermit ohas dbeen missued :pursuant to the Hazardous Waste Act;

b r e t º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 14 - e a n e d r e l u [ A d HENRC/HB 140 other reasonable means necessary to ensure that all hazardous waste generated is designated for treatment, storage or disposal in, and arrives at, treatment, storage or disposal facilities, other than facilities on the premises where the waste is generated, for which a permit has been issued pursuant to the Hazardous Waste Act;

HENRC/HB 140/a Page 12 (3) establishing standards applicable to transporters of hazardous waste identified or listed under this subsection or of fuel produced from any such hazardous waste or of fuel from such waste and any other material, as may be necessary to protect human health and the environment, h u » r including requirements for:

t h g e (a) recordkeeping concerning the l i h r hazardous waste transported and its source and delivery points;

i s h , e h (b) transportation of the hazardous t u g e b l waste only if properly labeled;

e e , gh n d d i (c) compliance with the manifest system = = o h l ] b ,d i a º r referred to in Subparagraph (h) of Paragraph (2) of this e r = t e w d subsection;

and m(d) transportation of all the hazardous waste only to the hazardous waste treatment, storage or disposal facility that the shipper designates on the manifest form to be a nfacility oholding da mpermit :issued pursuant to the Hazardous Waste Act or the federal Resource Conservation and Recovery Act of 1976, as amended;

b r e t º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 15 - e a n e d r e l u [ A d HENRC/HB 140 (d) transportation of all the hazardous waste only to the hazardous waste treatment, storage or disposal facility that the shipper designates on the manifest form to be a facility holding a permit issued pursuant to the Hazardous Waste Act or the federal Resource Conservation and Recovery Act of 1976, as amended;

and HENRC/HB 140/a Page 13 (b) furnishing the information describing the production or energy recovery activity carried out at the facility;

(5) establishing performance standards as may be necessary to protect human health and the environment h applicable to owners and operators of facilities for the u » r treatment, storage or disposal of hazardous waste identified or t h g e listed under this section, distinguishing, where appropriate, l i h r i s between new facilities and facilities in existence on the date h , e h of promulgation, including requirements for:

t u g e b l (a) maintaining the records of all e e , gh n d d i = = o h hazardous waste identified or listed under this subsection that l ] b ,d i a º r is treated, stored or disposed of, as the case may be, and the e r = t e w d manner in which the waste was treated, stored or disposed of;

m(b) asatisfactory nreporting, omonitoring, dinspection mand :compliance with the manifest system referred to in Subparagraph (h) of Paragraph (2) of this subsection;

b r e t º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 16 - e a n e d r e l u [ A d HENRC/HB 140 (b) satisfactory reporting, monitoring, inspection and compliance with the manifest system referred to in Subparagraph (h) of Paragraph (2) of this subsection;

HENRC/HB 140/a Page 14 (d) location, design and construction of hazardous waste treatment, disposal or storage facilities;

(f) maintenance and operation of the facilities and requiring any additional qualifications as to h ownership, continuity of operation, training for personnel and g o financial responsibility, including financial responsibility t hr g e for corrective action, as may be necessary or desirable;

i k h r i s (g) compliance with the requirements of h , t, Paragraph (6) of this subsection respecting permits for e u g e b l treatment, storage or disposal;

e e h n d d i (h) the taking of corrective action for = = o h l ] b ,d i a º e all releases of hazardous waste,waste Hfl1ºfrom hazardousa constituentssolid orwaste rmanagement iunit =at ra ttreatment, estorage wor ddisposal hazardousfacility, wasteregardless constituents»Hfl1of fromthe atime solidat which waste managementwas mplaced ain nthe ounit; d m :

b e d s º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 17 - e a n e d r e l u [ A d HENRC/HB 140 unit at a treatment, storage or disposal facility, regardless of the time at which waste was placed in the unit;

Rules adopted HENRC/HB 140/a Page 15 and promulgated under this subparagraph shall take effect immediately and shall apply to all facilities operating under permits issued under Paragraph (6) of this subsection and to all landfills, surface impoundments and waste pile units, including any new units, replacements of existing units or lateral expansions of existing units, that receive hazardous waste after July 26, 1982.

No private entity shall be precluded by reason of h criteria established under Subparagraph (f) of this paragraph u » r from the ownership or operation of facilities providing t h g e hazardous waste treatment, storage or disposal services where l i h r i s the entity can provide assurance of financial responsibility h , e h and continuity of operation consistent with the degree and t u g e b l duration of risks associated with the treatment, storage or e e , gh n d d i = = o h disposal of specified hazardous waste;

l ] b ,d i a º r (6) requiring each person owning or operating, e r = t e w d or both, an existing facility or planning to construct a new mfacility for the treatment, storage or disposal of hazardous waste identified or listed under this subsection to have a npermit oissued dpursuant mto :requirements established by the board;

b(7) restablishing eprocedures tfor ºthe oissuance, tsuspension, nrevocation =and .230433.2AICmodification Marchof 6,permits 2025issued (3:29pm)under sParagraph k(6) mof ethis -subsection, 18which -rules eshall aprovide nfor epublic dnotice, rpublic ecomment land uan [HENRC/HB A140/a dPage HENRC/HB16 140opportunity facility for thea treatment,hearing storageprior orto disposalthe ofissuance, hazardoussuspension, wasterevocation identified or listedmajor undermodification thisof subsectionany to have a permit issuedunless pursuantotherwise toprovided requirementsin establishedthe byHazardous theWaste board;Act;

(7) establishing procedures for the issuance, suspension, revocation and modification of permits issued under Paragraph (6) of this subsection, which rules shall provide for public notice, public comment and an opportunity for a hearing prior to the issuance, suspension, revocation or major modification of any permit unless otherwise provided in the Hazardous Waste Act;

and (9) establishing procedures for the inspection of facilities for the treatment, storage and disposal of hazardous waste that govern the minimum frequency and manner of the inspections, the manner in which records of the inspections h u » r shall be maintained and the manner in which reports of the t h g e inspections shall be filed;

provided, however, that inspections l i h r of permitted facilities shall occur no less often than every i s h , e h two years.

t u g e b l B.

e e , gh n d d i (1) concerning hazardous substance incidents;

= = o h l ] b ,d i a º r and e r = t e w d (2) requiring notification to the department mof aany nhazardous osubstance dincidents. m :

b r e t º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 19 - e a n e d r e l u [ A d HENRC/HB 140 of any hazardous substance incidents.

HENRC/HB 140/a Page 17 D.

(1) standards for the installation, operation, h maintenance, repair and replacement of storage tanks;

g o (2) requirements for financial responsibility;

t hr g e i k (3) standards for inventory control;

h r i s (4) standards for the detection of leaks from h , t, and the integrity-testing and monitoring of storage tanks;

e u g e b l e e h (5) standards for the closure and dismantling n d d i = = o h of storage tanks;

l ] b ,d i a º e (6) requirements for recordkeeping;

r i = r t e w d (7) requirements for the reporting, mcontainment aand nremediation oof dall mleaks :from any storage tanks;

band e(8) dcriteria sand ºprocedures ofor tclassifying na =storage .230433.2AICtank Marchfacility 6,as 2025ineligible, (3:29pm)and sreclassifying k m e - 20 - e a nstorage etank dfacility ras eeligible, lfor uthe [delivery, Adeposit, d HENRC/HB 140140/a containmentPage and18 remediationacceptance ofor allsale leaksof frompetroleum anyproducts. storage tanks;

and (8) criteria and procedures for classifying a storage tank facility as ineligible, and reclassifying a storage tank facility as eligible, for the delivery, deposit, acceptance or sale of petroleum products.

The criteria and procedures adopted by the board pursuant to this section may allow the department to classify a storage tank facility as ineligible for delivery, deposit, h u » r acceptance or sale of petroleum products when the owner or t h g e operator has failed to comply with a written warning within a l i h r reasonable period of time and the warning concerns:

i s h , e h (1) improper operation or maintenance of t u g e b l required equipment for spill prevention, overfill protection, e e , gh n d d i leak detection or corrosion protection;

= = o h l ] b ,d i a º r (2) failure to maintain required financial e r = t e w d responsibility for corrective action;

or m(3) operation of the storage tank facility in a nmanner othat dcreates man :imminent threat to the public health and the environment.

b r e t º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 21 - e a n e d r e l u [ A d HENRC/HB 140 (3) operation of the storage tank facility in a manner that creates an imminent threat to the public health and the environment.

Rules adopted by the board pursuant to this HENRC/HB 140/a Page 19 section shall defer classifying a storage tank facility as ineligible for delivery, deposit, acceptance or sale of petroleum products if the ineligible classification would jeopardize the availability of, or access to, motor fuel in any rural and remote areas.

(1) an emergency generator tank that is otherwise ineligible for delivery or deposit if a commercial power failure or other declared state of emergency exists and the emergency generator tank provides power supply, stores h petroleum and is used solely in connection with an emergency u » r system, legally required standby system or optional standby t h g e system;

or l i h r i s (2) a storage tank facility that is otherwise h , e h ineligible for delivery or deposit if the delivery or deposit t u g e b l is necessary to test or calibrate a tank.

e e , gh n d d i = = o h J.

The board shall adopt rules concerning the l ] b ,d i a º r management of used oil that are equivalent to and at least as estringent ras =federal tregulations eadopted wby dthe stringentfederal asenvironmental federalprotection regulationsagency adoptedpursuant byto the federal mResource aConservation nand oRecovery dAct mof :1976, as amended.

b r e t º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e - 22 - e a n e d r e l u [ A d HENRC/HB 140 environmental protection agency pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended.

In the event the board wishes to adopt rules that are identical with regulations adopted by an agency of HENRC/HB 140/a Page 20 the federal government, the board, after notice and hearing, may adopt such rules by reference to the federal regulations without setting forth the provisions of the federal regulations.

Hfl1º "»Hfl1 Hfl1º M.

The board may adopt rules pertaining to aqueous film-forming foam containing intentionally added per- h u » r or polyfluoroalkyl substances pursuant to the Hazardous Waste tAct." hPage g21B e140/a Act."»Hfl125 l i h r - 23 - i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .230433.2AIC March 6, 2025 (3:29pm) s k m e e a n e d r e l u [ A d