SB 8 — LOCAL GOV'T AIR QUALITY REGULATIONS

h r i s (1) include rules to protect visibility in h , e h mandatory class I areas to prevent significant deterioration of t u g e b l e e , gh air quality and to achieve national ambient air quality n d d i = = o h standards in nonattainment areas;

provided that [suchthe lrules ]shall bbe ,dat ileast aas ºstringent ras regulations:required by the federal act and federal regulations pertaining to visibility protection in mandatory class I areas, pertaining to prevention of significant deterioration and pertaining to nonattainment areas;

(a)](2) theprescribe rulesstandards shallof beperformance [nofor moresources stringentand thanemission estandards rfor =hazardous tair epollutants wSFC/SB d8 mPage a7 nthat oshall but]be at least as stringent as required by the federal actstandards andof dperformance; m :

b(3) rinclude erules tgoverning ºemissions ofrom tsolid nwaste =incinerators .218359.1AICthat February 9, 2021 (4:41pm) s k m e - 7 - e a n e d r e l u [ A d federal regulations pertaining to visibility protection in mandatory class I areas, pertaining to prevention of significant deterioration and pertaining to nonattainment areas [and (b) shall be applicableat onlyleast toas sourcesstringent subjectas toany suchapplicable regulation pursuant to the federal act];emission limitations;

(2)(4) prescribeinclude standardsrules requiring the installation of performancecontrol technology for sourcesmercury andemissions emissionthat standardsremoves forthe hazardousgreater airof pollutantswhat thatis [exceptachievable aswith providedbest inavailable thiscontrol subsectiontechnology andor inninety Subparagraphpercent (b) of Paragraphthe (1)mercury offrom Subsectionthe Binput offuel thisfor section:all coal-fired power plants, except for coal-fired power plants constructed and generating electric power and energy before July 1, 2007;

(a)](5) shallrequire benotice [noto morethe stringentdepartment thanor butthe ]local atagency leastof asthe stringentintent asto requiredintroduce byor federalpermit standardsthe introduction of performancean [andair (b)contaminant shallinto bethe applicableair onlywithin tothe sourcesgeographical subjectarea toof suchthe federalenvironmental standardsimprovement ofboard's performance];jurisdiction or the local board's jurisdiction;

(3) include [regulations ] rules governing emissions from solid waste incinerators that shall be at least h as stringent as [and may be more stringent than ] any applicable g o t hr federal emission limitations;

g e i k (4) include [regulations ] rules requiring the h r i s installation of control technology for mercury emissions that h , t, removes the greater of what is achievable with best available e u g e b l e e h control technology or ninety percent of the mercury from the n d d i = = o h input fuel for all coal-fired power plants, except for coal- l ] b ,d i a º e fired power plants constructed and generating electric power r i = r t e w d m a n o and energy before July 1, 2007;

d m :

b e d s º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 8 - e a n e d r e l u [ A d (5) require notice to the department or the local agency of the intent to introduce or permit the introduction of an air contaminant into the air within the geographical area of the environmental improvement board's jurisdiction or the local board's jurisdiction;

(c) establish and maintain records of SFC/SB 8 Page 8 the nature and amount of emissions;

(d) submit reports regarding the nature and amounts of emissions and the performance of emission h control devices;

and g o t hr (e) provide any other reasonable g e i k information relating to the emission of air contaminants.

hE. r i s [D.

]Any E.rule adopted pursuant to this section shall be at least as stringent as federal law, if any, relating to control of motor vehicle emissions.

AnyF. [regulation] rule adopted pursuant to h , t, this section shall be SJCº consistent with»SJC SJCºat least as e u g e b l e e h stringent as»SJC federal law, if any, relating to control of n d d i = = o h motor vehicle emissions.

lIn ]making bits ,drules, ithe aenvironmental ºimprovement eboard [E.]or F.the local board shall give weight it deems appropriate to all facts and circumstances, including:

In making its [regulations] rules, the r i = r t e w d m a n o environmental improvement board or the local board shall give d m :

b e d s º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 9 - e a n e d r e l u [ A d weight it deems appropriate to all facts and circumstances, including [but not limited to ]:

and (3) technical practicability and economic reasonableness of reducing or eliminating air contaminants from the sources involved and previous experience with equipment and methods available to control the air contaminants involved."involved. SECTION SJCº 2.»SJC SJCº3.»SJC Section 74-4-4 NMSA 1978 (being Laws 1977, Chapter 313, Section 4, as amended) is amended to read:

G.

Before the environmental improvement board or local board adopts a rule that is more stringent than the federal act or federal regulations, or that applies to SFC/SB 8 Page 9 sources not subject to regulation pursuant to the federal act or regulations, the environmental improvement board or local board shall make a determination, based on substantial evidence and after notice and public hearing, that the proposed rule will be more protective of public health and the environment." SECTION 3.

Section 74-4-4 NMSA 1978 (being Laws 1977, Chapter 313, Section 4, as amended) is amended to read:

The board shall adopt rules for the management h of hazardous waste, as may be necessary to protect public g o t hr health and the environment, that are equivalent to and [no g e i k more] at least as stringent [than] as federal regulations h r i s adopted by the federal environmental protection agency pursuant h , t, to the federal Resource Conservation and Recovery Act of 1976, e u g e b l e e h as amended:

n d d i = = o h (1) for the identification and listing of l ] b ,d i a º e hazardous wastes, taking into account toxicity, persistence and r i = r t e w d m a n o degradability, potential for accumulation in tissue and other drelated mfactors, :including flammability, corrosiveness and other hazardous characteristics;

bprovided ethat, dexcept sas ºauthorized oby tSections n74-4-3.3 =and .218359.1AIC74-8-2 FebruaryNMSA 9,1978, 2021the (4:41pm)board sshall knot midentify eor -list 10any -solid ewaste or combination of solid wastes as a nhazardous ewaste dthat rhas enot lbeen ulisted [and Adesignated das relateda factors,hazardous includingwaste flammability,by corrosivenessthe SFC/SB 8 Page 10 federal environmental protection agency pursuant to the federal Resource Conservation and otherRecovery hazardousAct characteristics;of 1976, as amended;

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;

(b) recordkeeping practices that h accurately identify the quantities of hazardous waste u » r generated, the constituents of the waste that are significant t h g e l i in quantity or in potential harm to human health or the h r i s environment and the disposition of the waste;

h , e h (c) labeling practices for any t u g e b l e e , gh containers used for the storage, transport or disposal of the n d d i = = o h hazardous waste that will identify accurately the waste;

l ] b ,d i a º r (d) use of safe containers tested for e r = t e w d m a n o safe storage and transportation of the hazardous waste;

d(e) mfurnishing :the information on the general chemical composition of the hazardous waste to persons transporting, treating, storing or disposing of the waste;

b(f) rimplementation eof tprograms ºto oSFC/SB t8 nPage = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 11 -reduce e a n e d r e l u [ A d (e) furnishing the informationvolume onor thequantity generaland chemicaltoxicity composition of the hazardous waste togenerated; persons transporting, treating, storing or disposing of the waste;

(f) implementation of programs to reduce the volume or quantity and toxicity of the hazardous waste generated;

and h (h) the use of a manifest system and any u » r other reasonable means necessary to [assure ] ensure that all t h g e l i hazardous waste generated is designated for treatment, storage h r i s or disposal in, and arrives at, treatment, storage or disposal h , e h facilities, other than facilities on the premises where the t u g e b l e e , gh waste is generated, for which a permit has been issued pursuant n d d i = = o h to the Hazardous Waste Act;

that the generator of hazardous l ] b ,d i a º r waste has a program in place to reduce the volume or quality e r = t e w d m a n o and toxicity of waste to the degree determined by the generator dto mbe :economically practicable;

band rthat ethe tproposed ºmethod oof ttreatment, nstorage =or .218359.1AICdisposal Februaryis 9,that 2021practicable (4:41pm)method scurrently kavailable mto eSFC/SB -8 Page 12 -the egenerator athat nminimizes ethe dpresent rand efuture lthreat uto [human Ahealth dand tothe beenvironment; economically practicable;

and(3) thatestablishing thestandards proposedapplicable methodto transporters of treatment,hazardous storagewaste identified or disposallisted isunder thatthis practicablesubsection methodor currentlyof availablefuel toproduced thefrom generatorany thatsuch minimizeshazardous thewaste presentor of fuel from such waste and futureany threatother material, as may be necessary to protect human health and the environment;environment, including requirements for:

(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, including [but not limited to ] requirements for:

(c) compliance with the manifest system referred to in Subparagraph (h) of Paragraph (2) of this h subsection;

and u » r (d) transportation of all the hazardous t h g e l i waste only to the hazardous waste treatment, storage or h r i s disposal facility that the shipper designates on the manifest h , e h form to be a facility holding a permit issued pursuant to the t u g e b l e e , gh Hazardous Waste Act or the federal Resource Conservation and n d d i = = o h Recovery Act of 1976, as amended;

l ] b ,d i a º r (4) establishing standards applicable to edistributors ror =marketers tof eany wfuel dproduced mfrom ahazardous nwaste, o distributors or marketers of any fuel producedthat fromcontains hazardous dwaste, mfor: :

bSFC/SB r8 ePage t º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 13 -(a) efurnishing athe ninformation estating dthe rlocation eand lgeneral udescription [of Athe dfacility; waste, or any fuel that contains hazardous waste, for:

(a) furnishing the information stating the location and general description of the facility;

(a) maintaining the records of all hazardous waste identified or listed under this subsection that is treated, stored or disposed of, as the case may be, and the h manner in which the waste was treated, stored or disposed of;

u » r (b) satisfactory reporting, monitoring, t h g e l i inspection and compliance with the manifest system referred to h r i s in Subparagraph (h) of Paragraph (2) of this subsection;

h , e h (c) treatment, storage or disposal of t u g e b l e e , gh all such waste and any liquid that is not a hazardous waste, n d d i = = o h except with respect to underground injection control into deep l ] b ,d i a º r injection wells, received by the facility pursuant to suchSFC/SB e8 rPage =14 tsuch e w d m a n o operating methods, techniques and practices as may be dsatisfactory mto :the secretary;

b r e t º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 14 - e a n e d r e l u [ A d satisfactory to the secretary;

(h) the taking of corrective action for all releases of hazardous waste or constituents from a solid h waste management unit at a treatment, storage or disposal u » r facility, regardless of the time at which waste was placed in t h g e l i the unit;

and h r i s (i) the taking of corrective action h , e h beyond a facility's boundaries where necessary to protect human t u g e b l e e , gh health and the environment unless the owner or operator of that n d d i = = o h facility demonstrates to the satisfaction of the secretarySFC/SB l8 ]Page b15 ,dsecretary i a º r that, despite the owner's or operator's best efforts, the owner e r = t e w d m a n o or operator was unable to obtain the necessary permission to dundertake msuch :action.

b r e t º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 15 - e a n e d r e l u [ A d undertake such action.

(6) requiring each person owning or operating, h or both, an existing facility or planning to construct a new u » r facility for the treatment, storage or disposal of hazardous t h g e l i waste identified or listed under this subsection to have a h r i s permit issued pursuant to requirements established by the h , e h board;

t u g e b l e e , gh (7) establishing procedures for the issuance,SFC/SB n8 dPage d16 iissuance, = = o h suspension, revocation and modification of permits issued under l ] b ,d i a º r Paragraph (6) of this subsection, which rules shall provide for epublic rnotice, =public tcomment eand wan dopportunity mfor a nhearing oprior publicto notice,the publicissuance, commentsuspension, andrevocation anor opportunitymajor formodification aof hearingany dpermit munless :otherwise provided in the Hazardous Waste Act;

b r e t º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 16 - e a n e d r e l u [ A d prior to the issuance, suspension, revocation or major modification of any permit unless otherwise provided in the Hazardous Waste Act;

and h (2) requiring notification to the department u » r of any hazardous substance incidents.

t h g e l i C.

The board shall adopt rules concerning storage h r i s tanks as may be necessary to protect public health and the h , e h environment and that, in the case of underground storage tanks, t u g e b l e e , gh are equivalent to and [no more ] at least as stringent [than] as nfederal dSFC/SB d8 iPage =17 = o h federal regulations adopted by the federal environmental l ] b ,d i a º r protection agency pursuant to the federal Resource Conservation e r = t e w d m a n o and Recovery Act of 1976, as amended.

dD. m :

b r e t º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 17 - e a n e d r e l u [ A d D.

109-58, as amended, and that are equivalent to and [no more] at least as stringent [than] as the Energy Policy Act and its grant guidelines and regulations.

h (7) requirements for the reporting, g o t hr containment and remediation of all leaks from any storage g e i k tanks;

and hSFC/SB r8 iPage s18 (8) criteria and procedures for classifying a h , t, storage tank facility as ineligible, and reclassifying a e u g e b l e e h storage tank facility as eligible, for the delivery, deposit, n d d i = = o h acceptance or sale of petroleum products.

l ] b ,d i a º e F.

The criteria and procedures adopted by the board rpursuant ito =this rsection tshall erequire wthe ddepartment mto classify a nstorage otank pursuantfacility toas thisineligible sectionfor shalldelivery, requiredeposit, acceptance or sale of petroleum products if the departmentstorage totank dfacility mhas :not installed required equipment for spill prevention, overfill protection, leak detection or corrosion protection, including required corrosion protection equipment for a buried metal flexible connector.

b e d s º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 18 - e a n e d r e l u [ A d classify a storage tank facility as ineligible for delivery, deposit, acceptance or sale of petroleum products if the storage tank facility has not installed required equipment for spill prevention, overfill protection, leak detection or corrosion protection, including required corrosion protection equipment for a buried metal flexible connector.

(2) failure to maintain required financial h responsibility for corrective action;

or u » r (3) operation of the storage tank facility inSFC/SB t8 hPage g19 ein l i a manner that creates an imminent threat to the public health h r i s and the environment.

h , e h H.

Rules adopted by the board pursuant to this t u g e b l e e , gh section shall defer classifying a storage tank facility as n d d i = = o h ineligible for delivery, deposit, acceptance or sale of l ] b ,d i a º r petroleum products if the ineligible classification would e r = t e w d m a n o jeopardize the availability of, or access to, motor fuel in any drural mand :remote areas.

b r e t º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 19 - e a n e d r e l u [ A d rural and remote areas.

[J.J.

NotwithstandingThe the provisions of Subsection A of this section, the board mayshall adopt rules forconcerning the management h of hazardousused wasteoil and hazardous waste transformation that are uequivalent »to rand moreat least as stringent thanas federal regulations adopted by the federal t h g e l i environmental protection agency pursuant to the federal hSFC/SB r8 iPage s20 Resource Conservation and Recovery Act of 1976, as amended,amended. if h , e h the board determines, after notice and public hearing, that t u g e b l e e , gh such federal regulations are not sufficient to protect public n d d i = = o h health and the environment.

AsK. used in this subsection, l ] b ,d i a º r "transformation" means incineration, pyrolysis, distillation, e r = t e w d m a n o gasification or biological conversion other than composting.

dIn mthe :event the board wishes to adopt rules that are identical with regulations adopted by an agency of 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.

bL. r e t º o t n = .218359.1AIC February 9, 2021 (4:41pm) s k m e - 20 - e a n e d r e l u [ A d K.] J.

TheBefore the board shalladopts adopta rulesrule concerningfor the management of hazardous waste, concerning storage tanks or concerning used oiloil, that areis equivalentmore tostringent andthan [nothe morefederal ]regulations, atthe leastboard asshall stringentmake [than]a asdetermination, federalbased regulationson adoptedsubstantial byevidence theand federalafter environmentalnotice protectionand agencypublic pursuanthearing, tothat the federalproposed Resourcerule Conservationwill andbe Recoverymore Actprotective of 1976,public ashealth amended.and the environment." SECTION 4.

[L.]REPEAL.--Section K.74-2-5.3 NMSA 1978 (being Laws 2009, Chapter 98, Section 1) is repealed.

In the event the board wishes to adopt rules that are identical with regulations adopted by an agency of 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." SECTION SJCº5. 3.»SJC SJCº4.»SJC REPEAL.--Section 74-2-5.3 NMSA 1978 (being Laws 2009, Chapter 98, Section 1) is repealed.

SECTION SJCº4.»SJC SJCº5.»SJC EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.

-SFC/SB 218 -Page h21 u25 » r t h g e l i h r 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 = .218359.1AIC February 9, 2021 (4:41pm) s k m e e a n e d r e l u [ A d