SB 845

Page 1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

AN ACT

RELATING TO ENVIRONMENTAL IMPROVEMENT; AMENDING THE

DEFINITION OF "ABOVE GROUND STORAGE TANK" TO EXCLUDE A TANK

USED BY A CROP-DUSTING OR CROP-SPRAYING SERVICE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 74-4-3 NMSA 1978 (being Laws 1977,

Chapter 313, Section 3, as amended) is amended to read:

"74-4-3. DEFINITIONS.--As used in the Hazardous Waste

Act:

A. "above ground storage tank" means a single tank

or combination of tanks, including underground pipes

connected thereto, that are used to contain petroleum,

including crude oil or any fraction thereof that is liquid at

standard conditions of temperature and pressure of sixty

degrees Fahrenheit and fourteen and seven-tenths pounds per

square inch absolute, and the volume of which is more than

ninety percent above the surface of the ground. "Above

ground storage tank" does not include any:

(1) farm, ranch or residential tank used for

storing motor fuel or heating oil for noncommercial purposes;

(2) pipeline facility, including gathering

lines regulated under the federal Natural Gas Pipeline Safety

Act of 1968 or the federal Hazardous Liquid Pipeline Safety

Act of 1979, or that is an intrastate pipeline facility

SB 845

Page 2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

regulated under state laws comparable to either act;

(3) surface impoundment, pit, pond or

lagoon;

(4) storm water or wastewater collection

system;

(5) flow-through process tank;

(6) liquid trap, tank or associated

gathering lines or other storage methods or devices related

to oil, gas or mining exploration, production,

transportation, refining, processing or storage, or to oil

field service industry operations;

(7) tank associated with an emergency

generator system;

(8) tank used by a crop-dusting or

crop-spraying services;

(9) pipe connected to any tank that is

described in Paragraphs (1) through (8) of this subsection;

or

(10) tank or related pipeline and facility

owned or used by a refinery, natural gas processing plant or

pipeline company in the regular course of their refining,

processing or pipeline business;

B. "board" means the environmental improvement

board;

C. "corrective action" means an action taken in

SB 845

Page 3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

accordance with rules of the board to investigate, minimize,

eliminate or clean up a release to protect the public health,

safety and welfare or the environment;

D. "director" or "secretary" means the secretary

of environment;

E. "disposal" means the discharge, deposit,

injection, dumping, spilling, leaking or placing of any solid

waste or hazardous waste into or on any land or water so that

such solid waste or hazardous waste or constituent thereof

may enter the environment or be emitted into the air or

discharged into any waters, including ground waters;

F. "division" or "department" means the department

of environment;

G. "federal agency" means any department, agency

or other instrumentality of the federal government and any

independent agency or establishment of that government,

including any government corporation and the government

printing office;

H. "generator" means any person producing

hazardous waste;

I. "hazardous agricultural waste" means hazardous

waste generated as part of the licensed activity by a person

licensed pursuant to the Pesticide Control Act or hazardous

waste designated as hazardous agricultural waste by the

board, but does not include animal excrement in connection

SB 845

Page 4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

with farm, ranch or feedlot operations;

J. "hazardous substance incident" means an

emergency incident involving a chemical or chemicals,

including but not limited to transportation wrecks,

accidental spills or leaks, fires or explosions, which

incident creates the reasonable probability of injury to

human health or property;

K. "hazardous waste" means any solid waste or

combination of solid wastes that because of their quantity,

concentration or physical, chemical or infectious

characteristics may:

(1) cause or significantly contribute to an

increase in mortality or an increase in serious irreversible

or incapacitating reversible illness; or

(2) pose a substantial present or potential

hazard to human health or the environment when improperly

treated, stored, transported, disposed of or otherwise

managed. "Hazardous waste" does not include any of the

following, until the board determines that they are subject

to Subtitle C of the federal Resource Conservation and

Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq.:

(a) drilling fluids, produced waters

and other wastes associated with the exploration, development

or production of crude oil or natural gas or geothermal

energy;

SB 845

Page 5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

(b) fly ash waste;

(c) bottom ash waste;

(d) slag waste;

(e) flue gas emission control waste

generated primarily from the combustion of coal or other

fossil fuels;

(f) solid waste from the extraction,

beneficiation or processing of ores and minerals, including

phosphate rock and overburden from the mining of uranium ore;

or

(g) cement kiln dust waste;

L. "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. "person" means an individual, 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. "regulated substance" means:

(1) a substance defined in Section 101(14)

of the federal Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, but not including a

substance regulated as a hazardous waste under Subtitle C of

SB 845

Page 6

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

the federal Resource Conservation and Recovery Act of 1976,

as amended; and

(2) petroleum, including crude oil or any

fraction thereof that is liquid at standard conditions of

temperature and pressure of sixty degrees Fahrenheit and

fourteen and seven-tenths pounds per square inch absolute;

O. "solid waste" 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 Stat. 880, or source, special

nuclear or byproduct material as defined by the federal

Atomic Energy Act of 1954, as amended, 68 Stat. 923;

P. "storage" means the containment of hazardous

waste, either on a temporary basis or for a period of years,

in such a manner as not to constitute disposal of such

hazardous waste;

Q. "storage tank" means an above ground storage

tank or an underground storage tank;

SB 845

Page 7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

R. "tank installer" means any individual who

installs or repairs a storage tank;

S. "transporter" means a person engaged in the

movement of hazardous waste, not including movement at the

site of generation, disposal, treatment or storage;

T. "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" includes any activity or processing designed to

change the physical form or chemical composition of hazardous

waste so as to render it nonhazardous;

U. "underground storage tank" means a single tank

or combination of tanks, including underground pipes

connected thereto, that are 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:

(1) farm, ranch or residential tank of one

thousand one hundred gallons or less capacity used for

storing motor fuel or heating oil for noncommercial purposes;

(2) septic tank;

SB 845

Page 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

(3) pipeline facility, including gathering

lines that are regulated under the federal Natural Gas

Pipeline Safety Act of 1968 or the federal Hazardous Liquid

Pipeline Safety Act of 1979, or that is an intrastate

pipeline facility regulated under state laws comparable to

either act;

(4) surface impoundment, pit, pond or

lagoon;

(5) storm water or wastewater collection

system;

(6) flow-through process tank;

(7) liquid trap, tank or associated

gathering lines directly related to oil or gas production and

gathering operations;

(8) storage tank situated in an underground

area, such as a basement, cellar, mineworking drift, shaft or

tunnel, if the storage tank is situated upon or above the

surface of the undesignated floor;

(9) tank associated with an emergency

generator system;

(10) tank exempted by rule of the board

after finding that the type of tank is adequately regulated

under another federal or state law; or

(11) pipe connected to any tank that is

described in Paragraphs (1) through (10) of this subsection;

SB 845

Page 9

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

and

V. "used oil" means any oil 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. Section 74-6B-3 NMSA 1978 (being Laws 1990,

Chapter 124, Section 3, as amended) is amended to read:

"74-6B-3. DEFINITIONS.--As used in the Ground Water

Protection Act:

A. "above ground storage tank" means a single tank

or combination of tanks, including underground pipes

connected thereto, that are used to contain petroleum,

including crude oil or any fraction thereof that is liquid at

standard conditions of temperature and pressure of sixty

degrees Fahrenheit and fourteen and seven-tenths pounds per

square inch absolute, and the volume of which is more than

ninety percent above the surface of the ground. The term

does not include any:

(1) farm, ranch or residential tank used for

storing motor fuel or heating oil for noncommercial purposes;

(2) pipeline facility, including gathering

lines that are regulated under the federal Natural Gas

Pipeline Safety Act of 1968 or the federal Hazardous Liquid

Pipeline Safety Act of 1979, or that is an intrastate

pipeline facility regulated under state laws comparable to

SB 845

Page 10

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

either act;

(3) surface impoundment, pit, pond or

lagoon;

(4) storm water or wastewater collection

system;

(5) flow-through process tank;

(6) liquid trap, tank or associated

gathering lines or other storage methods or devices related

to oil, gas or mining exploration, production,

transportation, refining, processing or storage, or the oil

field service industry operations;

(7) tank associated with an emergency

generator system;

(8) tank used by a crop-dusting or

crop-spraying service;

(9) pipe connected to any tank that is

described in Paragraphs (1) through (8) of this subsection;

or

(10) tank or related pipeline and facility

owned or used by a refinery, natural gas processing plant or

pipeline company in the regular course of their refining,

processing or pipeline business;

B. "board" means the environmental improvement

board;

C. "corrective action" means an action taken in

SB 845

Page 11

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

accordance with rules of the board to investigate, minimize,

eliminate or clean up a release to protect the public health,

safety and welfare or the environment;

D. "department" means the department of

environment;

E. "operator" means any person in control of or

having responsibility for the daily operation of a storage

tank;

F. "owner" means:

(1) in the case of a storage tank in use or

brought into use on or after November 8, 1984, a person who

owns the storage tank; and

(2) in the case of a storage tank in use

before November 8, 1984 but no longer in use after that date,

a person who owned the tank immediately before the

discontinuation of its use;

G. "person" means an individual or any legal

entity, including all governmental entities;

H. "regulated substance" means:

(1) a substance defined in Section 101(14)

of the federal Comprehensive Environmental Response,

Compensation and Liability Act of 1980, but not including a

substance regulated as a hazardous waste under Subtitle C of

the federal Resource Conservation and Recovery Act of 1976,

as amended; and

SB 845

Page 12

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

(2) petroleum, including crude oil or a

fraction thereof, that is liquid at standard conditions of

temperature and pressure of sixty degrees Fahrenheit and

fourteen and seven-tenths pounds per square inch absolute;

I. "release" means a spilling, leaking, emitting,

discharging, escaping, leaching or disposing from a storage

tank into ground water, surface water or subsurface soils in

amounts exceeding twenty-five gallons;

J. "secretary" means the secretary of environment;

K. "site" means a place where there is or was at a

previous time one or more storage tanks and may include areas

contiguous to the actual location or previous location of the

tanks;

L. "storage tank" means an above ground storage

tank or an underground storage tank; and

M. "underground storage tank" means a single tank

or combination of tanks, including underground pipes

connected thereto, that are 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. The term

does not include any:

(1) farm, ranch or residential tank of one

thousand one hundred gallons or less capacity used for

storing motor fuel or heating oil for noncommercial purposes;

SB 845

Page 13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

(2) septic tank;

(3) pipeline facility, including gathering

lines regulated under the federal Natural Gas Pipeline Safety

Act of 1968 or the federal Hazardous Liquid Pipeline Safety

Act of 1979, or that is an intrastate pipeline facility

regulated under state laws comparable to either act;

(4) surface impoundment, pit, pond or

lagoon;

(5) storm water or wastewater collection

system;

(6) flow-through process tank;

(7) liquid trap, tank or associated

gathering lines directly related to oil or gas production and

gathering operations;

(8) storage tank situated in an underground

area, such as a basement, cellar, mineworking drift, shaft or

tunnel, if the storage tank is situated upon or above the

surface of the undesignated floor;

(9) tank associated with an emergency

generator system;

(10) tank exempted by rule of the board

after finding that the type of tank is adequately regulated

under another federal or state law; or

(11) pipes connected to any tank that is

described in Paragraphs (1) through (10) of this subsection."

SB 845

Page 14

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25