reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 117 - FINANCIAL RESPONSIBILITY › Section 20.5.117.1772 - FORM DOCUMENT FOR DRAWING ON FINANCIAL ASSURANCE MECHANISMS

Current through Register Vol. 35, No. 13, July 16, 2024
The certification from the owner or operator and the
				  third-party liability claimant(s) and from attorneys representing the owner or
				  operator and the third-party liability claimant(s) that a third-party liability
				  claim should be paid shall be worded as follows, except that instructions in
				  brackets are to be replaced with the relevant information and the brackets
				  deleted:
CERTIFICATION OF VALID CLAIM
The undersigned, as principals and as legal
							 representatives of [insert owner or operator] and [insert name and address of
							 third-party claimant], hereby certify that the claim of bodily injury [and/or]
							 property damage caused by an accidental release arising from operating [owner's
							 or operator's] storage tank should be paid in the amount of $[insert: dollar
							 amount].
[Signatures] [Signatures]
Owner or Operator Claimant(s)
Attorney for Attorney(s) for
Owner or Operator Claimant(s)
(Notary) Date (Notary) Date]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 118 - REPORTING AND INVESTIGATION OF SUSPECTED AND CONFIRMED RELEASES › Section 20.5.118.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of storage tanks as
				  defined in 20.5.101 NMAC. This part also applies to owners and operators of AST
				  systems with capacities of 55,000 gallons or more associated with airport
				  hydrant fuel distribution systems and owners and operators of AST systems with
				  capacities of 55,000 gallons or more associated with UST systems with
				  field-constructed tanks as these terms are defined in 20.5.1 NMAC. If the owner
				  and operator of a storage tank are separate persons, only one person is
				  required to comply with the requirements of this part, including any notice and
				  reporting requirements; however, both parties are liable in the event of
				  noncompliance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 118 - REPORTING AND INVESTIGATION OF SUSPECTED AND CONFIRMED RELEASES › Section 20.5.118.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of the
				  Hazardous Waste Act, Sections
				  74-4-1
				  through
				  74-4-14,
				  NMSA 1978, and the general provisions of the Environmental Improvement Act,
				  Sections
				  74-1-1
				  through
				  74-1-17,
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 118 - REPORTING AND INVESTIGATION OF SUSPECTED AND CONFIRMED RELEASES › Section 20.5.118.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 24, 2018, unless a later date is indicated in the
				  bracketed history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 118 - REPORTING AND INVESTIGATION OF SUSPECTED AND CONFIRMED RELEASES › Section 20.5.118.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 20.5.118 NMAC is to regulate storage tank
				  systems in order to protect the public health, safety and welfare and the
				  environment of the state, and to ensure that suspected and confirmed releases
				  from storage tank systems are promptly reported and investigated and that
				  corrective action is promptly initiated.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 118 - REPORTING AND INVESTIGATION OF SUSPECTED AND CONFIRMED RELEASES › Section 20.5.118.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.5.101 NMAC apply to this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 118 - REPORTING AND INVESTIGATION OF SUSPECTED AND CONFIRMED RELEASES › Section 20.5.118.1800 - REPORTING OF SPILL OR RELEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Owners, operators, certified installers, certified junior installers, and
				testers shall give notice of any suspected or confirmed release from a storage
				tank system pursuant to 20.5.118.1801 or 20.5.118.1802 NMAC, or any spill or
				any other relevant emergency situation to the department by telephone within 24
				hours. The owner, operator, certified installer, certified junior installer, or
				tester giving the notice shall provide the following items of information to
				the best of the owner's, operator's, certified installer's, certified junior
				installer's, or tester's knowledge:
(1) the
				name, address, and telephone number of the agent in charge of the site at which
				the storage tank system is located, as well as the name, address and telephone
				number of the owner and the operator of the storage tank system;
(2) the name, address, facility ID number,
				and owner ID number of the site at which the storage tank system is located, as
				listed on the tank registration certificate, and the location of the storage
				tank system on that site;
(3) the
				date, time, location and duration of the spill, release or suspected
				release;
(4) the source and cause
				of the spill, release or suspected release;
(5) the storage tank system
				description;
(6) a description of
				the spill, release or suspected release, including its chemical
				composition;
(7) the estimated
				volume of the spill, release or suspected release; and
(8) any actions taken to mitigate immediate
				damage from the spill, release or suspected release.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 118 - REPORTING AND INVESTIGATION OF SUSPECTED AND CONFIRMED RELEASES › Section 20.5.118.1802 - CONFIRMED RELEASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners,
				operators, certified installers, certified junior installers, and testers of
				storage tank systems shall report the following conditions to the department
				within 24 hours, in accordance with 20.5.118.1800 NMAC:
(1) visible leaks or seeps from any part of a
				storage tank system;
(2) evidence
				of released regulated substances at the storage tank site including, but not
				limited to, the presence of non-aqueous phase liquid or vapors in soils,
				basements, sewer and utility lines, groundwater, drinking water or nearby
				surface water; and
(3) evidence of
				released regulated substances in soils, including, but not limited to:
(a) any soil analytical results that indicate
				the presence of total petroleum hydrocarbons at concentrations equal to or
				exceeding 100 parts per million;
(b) any petroleum hydrocarbon vapor field
				screening results that exceed 100 whole instrument units; or
(c) significant visible staining or obvious
				petroleum odors.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 118 - REPORTING AND INVESTIGATION OF SUSPECTED AND CONFIRMED RELEASES › Section 20.5.118.1803 - SPILLS AND OVERFILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners
				and operators of storage tank systems shall contain and immediately clean up a
				spill or overfill, and report the spill or overfill to the department within 24
				hours in accordance with 20.5.118.1800 NMAC except as provided in Subsection C
				of this section, and begin corrective action in accordance with 20.5.119 and
				20.5.120 NMAC in the following cases:
(1) any
				spill or overfill of petroleum that results in a release to the environment
				that exceeds 25 gallons, that causes a sheen on nearby surface water, or that
				creates a vapor hazard pursuant to 20.5.119.1902 NMAC; and
(2) any spill or overfill of a hazardous
				substance that results in a release to the environment that equals or exceeds
				its reportable quantity under the Comprehensive Environmental Response,
				Compensation, and Liability Act of 1980 (CERCLA), and 40 CFR part
				302.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of petroleum
				  storage tanks as defined in 20.5.101 NMAC. This part also applies to owners and
				  operators of AST systems with capacities of 55,000 gallons or more associated
				  with airport hydrant fuel distribution systems and owners and operators of AST
				  systems with capacities of 55,000 gallons or more associated with UST systems
				  with field-constructed tanks as these terms are defined in 20.5.101 NMAC. If
				  the owner and operator of a petroleum storage tank are separate persons, only
				  one person is required to comply with the requirements of this part, including
				  any notice and reporting requirements; however, both parties are liable in the
				  event of non-compliance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of the
				  Hazardous Waste Act, Sections
				  74-4-1
				  through
				  74-4-14
				  NMSA 1978, the Ground Water Protection Act, Sections
				  74-6B-1
				  through
				  74-6B-14,
				  NMSA 1978; the Water Quality Act, Sections
				  74-6-1
				  through
				  74-6-17,
				  NMSA 1978; and the general provisions of the Environmental Improvement Act,
				  Sections
				  74-1-1
				  through
				  74-1-17,
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 24, 2018, unless a later date is indicated in the
				  bracketed history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to provide for corrective action
				  at sites contaminated by releases from petroleum storage tank systems and to
				  protect the public health, safety and welfare and the environment of the
				  state.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.5.101 NMAC apply to this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1900 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators of petroleum storage tank systems shall take corrective action to
				address all releases, including such action as collection and analysis of
				relevant site-specific data, soil remediation, groundwater and surface water
				remediation and any other appropriate actions pursuant to this part, in a
				manner protective of public health, safety and welfare and the
				environment.
B. Upon confirmation
				of a release pursuant to 20.5.118 NMAC or identification and reporting of a
				release in any other manner, owners and operators of petroleum storage tank
				systems shall comply with the requirements of this part if the release:
(1) is of unknown volume or is greater in
				volume than 25 gallons; or
(2) is
				of any size and the owner or operator is directed by the department to comply
				with this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1901 - MINIMUM SITE ASSESSMENT, INITIAL RESPONSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon discovery or confirmation of a
				release, owners and operators of the storage tank system shall immediately
				prevent any further release from the storage tank system by whatever means
				necessary, including removing product from the storage tank system or any part
				of the storage tank system that is known to leak or is suspected of leaking. If
				necessary, owners and operators shall remove the storage tank system from
				service in accordance with 20.5.115 NMAC.
B. Owners and operators shall inform the
				department in accordance with 20.5.118.1800 NMAC of any release and action
				taken to mitigate immediate damage from the release.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1903 - MINIMUM SITE ASSESSMENT, 72-HOUR AND 14-DAY REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall make an oral
				report to the department summarizing the abatement procedures undertaken and
				the results of action taken under 20.5.119.1901 and 20.5.119.1902 NMAC within
				72 hours of the discovery or confirmation of a release pursuant to 20.5.118
				NMAC.
B. Owners and operators shall
				submit a paper and electronic copy of a written report to the department within
				14 days of the discovery or confirmation of a release pursuant to 20.5.118
				NMAC, in addition to the written notice required under 20.5.118 NMAC. This
				report shall summarize all the work performed pursuant to 20.5.119.1901 and
				20.5.119.1902 NMAC and shall include the following information, as appropriate:
(1) a map based on a United States geologic
				survey topographic map showing locations of actual and potential receptors,
				including, but not limited to, private and public water supplies identified
				pursuant to 20.5.119.1902 NMAC; owners and operators shall draw two concentric
				circles, at 1,000 feet and at one mile radii from the center of the release,
				and shall also show on the map all surface water courses within a one mile
				radius of the site;
(2) information
				about any water supplies known or suspected to have been contaminated by the
				release;
(3) most likely direction
				of groundwater flow;
(4) a site
				plan map showing locations of utilities, surface structures and storage tank
				systems;
(5) information about
				underground utilities gathered in accordance with Subsection E of 20.5.119.1902
				NMAC;
(6) soil borings, logs, and
				details of construction of all wells, if available;
(7) description of any actions taken to abate
				adverse effects;
(8) data from
				vapor monitoring performed in the vicinity of the site;
(9) description of any actions taken to abate
				potentially explosive or harmful vapors and any plans for further
				action;
(10) description of fire
				and safety hazards resulting from the release and actions taken to abate such
				hazards;
(11) description of
				current and past ownership of the property, storage tank systems, the substance
				stored in the system, age of tank and history of any tank removals;
(12) present land use, within 1,000 feet of
				the site; and
(13) records of
				tightness tests, repairs to the storage tank system, release detection and
				monitoring results.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1904 - NOTICE, SPLIT SAMPLES AND SAMPLING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except for the 72-hour vapor check, owners
				and operators shall notify the department at least four days prior to the
				collection of any samples which are required pursuant to this part and upon
				which laboratory analyses are to be performed to allow the department an
				opportunity to be present at the collection of samples or to split
				samples.
B. Owners and operators
				shall notify the department at least four days prior to the decommissioning,
				destruction or abandonment of any wells.
C. Owners and operators shall collect, store
				and transport all samples necessary to comply with the requirements of this
				part in a manner consistent with the nature of the known or suspected
				contaminants and in conformance with applicable federal, state and local laws
				and regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1905 - INTERIM REMOVAL OF NON-AQUEOUS PHASE LIQUID

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall assess the
				potential for remediation of non-aqueous phase liquid (NAPL) where there is a
				thickness of greater than one-eighth inch of NAPL on surface water, in any
				excavation pit, or in any well. Owners and operators shall submit the
				assessment to the department in accordance with a timeline approved by the
				department or the timeline set forth in Subsection E of 20.5.119.1900
				NMAC.
B. The department may approve
				interim removal of NAPL when such action is determined to be practical and
				necessary to protect public health, safety and welfare or the environment. In
				this event, owners and operators shall remove NAPL in accordance with a
				timeline approved by the department or the timeline set forth in Subsection E
				of 20.5.119.1900 NMAC.
C. Owners
				and operators shall remove NAPL in a manner that minimizes the spread of
				contamination into uncontaminated media.
D. Owners and operators shall store and
				dispose of NAPL in accordance with all flammable and combustible liquids codes
				approved by the state fire marshal or other local authority, state hazardous
				waste regulations (20.4.1 NMAC), and any other applicable laws or
				regulations.
E. Owners and
				operators shall report recovery and disposal of NAPL to the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1906 - INTERIM REMOVAL OF CONTAMINATED SOIL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall remediate
				contaminated soil in accordance with 20.5.119.1912, 20.5.119.1914, and
				20.5.119.1922 NMAC, unless approved by the department to remove and treat
				contaminated soil in accordance with this section.
(1) The department may approve interim
				removal of contaminated soil when such action is determined to be practical and
				necessary to protect public health, safety and welfare or the
				environment.
(2) Under this
				section, owners and operators shall excavate, treat and dispose of contaminated
				soil using methods approved by the department, in compliance with local laws
				and regulations, and under a timeline approved by the department or the
				timeline set forth in Subsection E of 20.5.119.1900 NMAC.
(3) The department shall approve the vertical
				and horizontal extent of soil to be excavated.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1907 - MINIMUM SITE ASSESSMENT, PRELIMINARY AND OTHER REQUIRED INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A preliminary
				investigation is not required when owners and operators can demonstrate that
				the contamination has not reached groundwater and one of the following two
				conditions apply:
(1) the release is
				remediated in accordance with this part within 72 hours of discovery or
				confirmation; or
(2) the release is
				permanently contained within the UST excavation area or the AST containment
				system.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1909 - MINIMUM SITE ASSESSMENT, PRELIMINARY INVESTIGATION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators shall submit paper and electronic copies of a written report of the
				preliminary investigation and other requirements of the minimum site assessment
				as defined in 20.5.101.7 NMAC in accordance with a timeline approved by the
				department or the timeline set forth in Subsection E of 20.5.119.1900 NMAC. The
				report shall include the information gathered under 20.5.119.1901,
				20.5.119.1902, 20.5.119.1903 and 20.5.119.1907 NMAC and shall conform to the
				requirements of this section and 20.5.119.1908 NMAC.
B. Owners and operators shall attach a
				statement signed by an authorized representative of the qualified firm
				preparing the report for the owner or operator attesting to the veracity of the
				information submitted in the report and attached documents.
C. The minimum site assessment report shall,
				at a minimum, include all pertinent data collected during the minimum site
				assessment investigation, interpretation of that data using cross sections,
				contoured maps that depict the magnitude and extent of all contaminated media,
				identification of any threatened receptors, recommendations for additional work
				and justification for the recommended work.
D. The department shall review the report and
				notify owners and operators of any inadequacies in the report as soon as
				feasible. Owners and operators shall, in accordance with a timeline approved by
				the department, correct the report and resubmit it to the department for review
				and written approval. If the revised report does not conform to the minimum
				site assessment, preliminary investigation requirements in this section and
				20.5.119.1908 NMAC, the department shall reject the report and the owner and
				operator shall be determined not to have conducted a minimum site assessment
				for the purposes of Subparagraph (c) of Paragraph (1) of Subsection B of
				Section
				74-6B-8
				NMSA 1978. The department's failure to review or to comment on this report
				shall not relieve the owner and operator of their responsibilities under this
				part or the law.
E. Owners and
				operators shall comply with the requirements of any local government which has
				designated a wellhead/source water protection area that includes the area of
				the release.
F. Owners and
				operators shall provide notice that includes the contaminants identified, as
				well as the horizontal and vertical extent of those contaminants, to all owners
				of property located within the extent of contamination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1910 - SECONDARY INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Owners and operators shall perform a secondary investigation in accordance with
				a timeline approved by the department or the timeline set forth in Subsection E
				of 20.5.119.1900 NMAC when the department makes at least one of the following
				determinations about the site:
(1) the extent
				and magnitude of contamination in all media has not been delimited by the
				preliminary investigation; or
(2)
				the release threatens public health, safety and welfare or the
				environment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1911 - SECONDARY INVESTIGATION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Owners and operators shall submit paper and electronic copies of a written
				report of the secondary investigation to the department in accordance with a
				timeline approved by the department or the timeline set forth in Subsection E
				of 20.5.119.1900 NMAC. The report shall include all information gathered under
				20.5.119.1910 NMAC and shall conform to the requirements of this
				part.
B. Owners and operators shall
				attach a statement signed by an authorized representative of the qualified firm
				preparing the report for the owner or operator attesting to the veracity of the
				information submitted in the report and attached documents.
C. The secondary investigation report shall,
				at a minimum, include all pertinent data collected during the secondary
				investigation, interpretation of that data using cross sections, contoured maps
				that depict the magnitude and extent of all contaminated media, identification
				of any threatened receptors, recommendations for additional work and
				justification for the recommended work.
D. The department shall review the report and
				notify owners and operators of any inadequacies in the report within 30 days of
				receipt. Owners and operators shall, in accordance with a timeline approved by
				the department, correct the report and resubmit it to the department for review
				and written approval. If the revised report does not meet the requirements of
				20.5.119.1910 NMAC, the owner and operator will be in violation of this part
				until the inadequacies are corrected. The department's failure to review or to
				comment on the secondary investigation report shall not relieve the owner and
				operator of their responsibilities under this part or the law.
E. Owners and operators shall provide notice
				that includes the contaminants identified, as well as horizontal and vertical
				extent of those contaminants, to all owners of property located within the
				extent of contamination who were not previously notified in accordance with
				20.5.119.1909 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1912 - SOIL-ONLY CONTAMINATION ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The soil-only contamination assessment is intended to
				  determine whether soil contamination poses a threat to human health or the
				  environment including groundwater or may pose a threat in the future such that
				  corrective action is required. Owners and operators shall comply with this
				  section as required by the department. Owners and operators shall obtain
				  written approval from the department before initiating the evaluation.
A. After the horizontal and vertical extent
				and magnitude of the soil contamination from the release has been fully
				characterized and where groundwater has not been impacted, the department may
				require owners and operators to demonstrate the extent to which a release may
				pose a threat to human health and the environment.
B. Owners and operators shall use the
				department approved risk assessment guidance for site investigations and
				remediation; or equivalent assessment tool as required and approved by the
				department to comply with the requirements of this section.
C. When representative concentrations of any
				contaminant of concern equal or exceed any soil screening levels (SSLs) as
				discussed in Subsection B of 20.5.119.1912 NMAC for any exposure pathway,
				owners and operators shall perform a site-specific risk assessment if directed
				by the department.
D. Soil-only
				contamination assessment reports shall be submitted in accordance with
				20.5.119.1933 NMAC and shall be maintained in accordance with 20.5.119.1932
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1913 - PETROLEUM VAPOR INTRUSION ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A vapor intrusion assessment is intended to determine if
				  vapor intrusion poses a threat to human health and the environment specifically
				  within an overlying building or structure such that corrective action is
				  required. Owners and operators shall comply with this section as required by
				  the department if vapor intrusion poses or may pose a threat to human health or
				  the environment. Owners and operators shall obtain written approval from the
				  department before initiating the evaluation.
A. After the horizontal and vertical extent
				and magnitude of the soil contamination from the release has been fully
				characterized, and a threat or potential threat from petroleum vapors intrusion
				has been identified, owners and operators shall be required to perform a
				petroleum vapor intrusion assessment.
B. Owners and operators shall use the
				environmental protection agency (EPA) technical guide for addressing petroleum
				vapor intrusion at leaking underground storage tank sites or an equivalent
				assessment tool as approved by the department to comply with the requirements
				of this section:
C. If petroleum
				vapor intrusion has been demonstrated to be present, then the owner and
				operator shall perform vapor mitigation and corrective action if directed by
				the department.
D. Petroleum vapor
				intrusion assessment reports shall be submitted in accordance with
				20.5.119.1933 NMAC and shall be maintained in accordance with 20.5.119.1932
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1914 - CORRECTIVE ACTION REQUIREMENTS FOR TOTAL PETROLEUM HYDROCARBONS (TPH)

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to comparing representative soil concentrations
				  for all contaminants of concern to risk-based screening levels (RBSLs) and
				  site-specific target levels (SSTLs) and concentrations in groundwater and
				  surface water to applicable WQCC and EIB standards, in accordance with,
				  20.5.119.1912 NMAC, owners and operators shall mitigate, remediate, or remove
				  TPH contamination in soil and groundwater, when directed by the department
				  based upon a determination by the department that the TPH contamination
				  adversely affects public health, safety and welfare or the
				  environment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1915 - MONITORED NATURAL ATTENUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				If approved by the department, owners and operators shall submit a plan for
				monitored natural attenuation to the department if any of the following
				conditions have been identified at the site:
(1) concentrations of contaminants of concern
				exceed site-specific target levels (SSTLs) in soil or WQCC or EIB standards in
				groundwater or surface water; or
(2) other conditions exist as a result of the
				release which threaten public health, safety and welfare or the environment, as
				determined by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1916 - REVIEW AND APPROVAL OF MONITORED NATURAL ATTENUATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. After the public
				comment period has ended, the department shall review the plan and shall either
				approve the plan or notify the owner and operator in writing of the
				deficiencies of the plan. If the secretary determines that a decision on the
				monitored natural attenuation plan must be postponed due to significant
				comments from the public, the department shall notify the owner and operator
				within 30 days of such a postponement, and may extend its review period for a
				period not to exceed 60 days unless otherwise provided in Subsection E of this
				section. All deadlines calculated from the end of the review period will be
				adjusted to reflect any extension.
B. The department may approve a monitored
				natural attenuation plan and impose reasonable conditions.
C. If the department determines that the
				monitored natural attenuation plan is inadequate, owners and operators shall
				modify the plan to correct the deficiencies specified by the department and
				re-submit it within the time period specified by the department.
D. The department may provide notice of the
				submission of the monitored natural attenuation plan to persons other than the
				owner and operator and provide for public participation in the review process
				as the department deems appropriate or when there is significant public
				interest. In the event that an informal public meeting, public hearing or other
				form of public participation is conducted, the department may postpone its
				decision on the monitored natural attenuation plan until after a public hearing
				or meeting is held and a determination is made. Any public hearing or meeting
				that is held due to significant public interest shall be held within 60 days of
				determining that there is significant public interest.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1917 - MONITORED NATURAL ATTENUATION PLAN IMPLEMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall implement the
				monitored natural attenuation plan after department approval in accordance with
				a timeline approved by the department or the timeline set forth in Subsection E
				of 20.5.119.1900 NMAC.
B. Owners
				and operators shall monitor the contamination until the department determines
				that the natural attenuation is complete pursuant to this part, or unless
				otherwise approved by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1918 - REPORTS ON THE MONITORED NATURAL ATTENUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall submit paper
				and electronic copies of written reports to the department on the progress of
				the monitored natural attenuation. Owners and operators shall submit the
				reports annually unless a different reporting period is approved by the
				department and shall document all work performed during the preceding interval
				and shall include at a minimum the following information, as appropriate:
(1) a site plan drawn to scale of no less
				than one inch equals 40 feet, showing all existing buildings, structures, paved
				areas, utilities, buried utility trenches, former and existing petroleum
				storage tanks and ancillary equipment, other sources of contamination, extent
				and magnitude of contamination, and existing and proposed monitoring
				wells;
(2) a topographic map of
				appropriate scale showing the site in relation to existing and reasonably
				foreseeable future receptors;
(3)
				concentration contour maps depicting the extent and magnitude of the
				contaminants of concern and the designated monitoring wells in relation to the
				site;
(4) tabulation of the current
				and historical results of all water quality analyses and water elevation
				data;
(5) graphs of appropriate
				scale of the current and historical water quality analyses and water elevation
				data versus time;
(6) data
				evaluation and interpretation, and recommendations; and
(7) other information required by the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1919 - EVALUATION OF MONITORED NATURAL ATTENUATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall evaluate the
				effectiveness of the monitored natural attenuation plan at the end of each year
				of monitoring and submit the evaluation to the department for review unless
				otherwise approved by the department.
B. When the department determines that the
				plan is not effectively mitigating contamination according to the identified
				risks to public health, safety and welfare or the environment, owners and
				operators shall propose an alternative approach or change in the existing
				monitored natural attenuation plan within 30 days of the department's
				determination of ineffectiveness. Within 30 days of the department's approval,
				owners and operators shall implement the approved changes.
C. After implementation of any modification,
				owners and operators shall repeat annually the evaluation process described in
				this section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1920 - MODIFICATION OF MONITORED NATURAL ATTENUATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators may petition the
				department to approve a modification of the monitored natural attenuation plan
				for good cause.
B. The department
				may approve a modification of the monitored natural attenuation plan only if
				such modification provides adequate protection of public health, safety and
				welfare and the environment and the owner or operator complies with the public
				notice requirements of 20.5.119.1915 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1921 - COMPLETION OF MONITORED NATURAL ATTENUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Natural attenuation shall be considered
				complete when all of the following criteria are met:
(1) no layer of NAPL greater than one-eighth
				inch in thickness is present on the water table or in any of the
				wells;
(2) the EIB standard of 0.1
				mg/L for methyl tertiary butyl ether (MTBE) has been met in groundwater and
				surface water;
(3) all applicable
				site-specific target levels or risk-based screening levels in soil and WQCC and
				EIB standards in groundwater have been achieved:
(a) the applicable standards shall be
				achieved concurrently at all compliance wells as approved by the
				department;
(b) for verification
				that soil has reached target concentrations, owners and operators shall install
				at least four soil borings, at least three of which are distributed throughout
				the previously most contaminated portion of the vadose zone, unless otherwise
				approved by the department;
(4) corrective action requirements for total
				petroleum hydrocarbons determined in accordance with 20.5.119.1914 NMAC have
				been met; and
(5) any other
				conditions which threatened public health, safety and welfare or the
				environment have been abated.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1922 - CONCEPTUAL REMEDIATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				approved by the department, owners and operators shall submit a conceptual
				remediation plan to the department if any of the following conditions have been
				identified at the site:
(1) a thickness of
				greater than one-eighth inch of NAPL is present on the surface of the water,
				including in any excavation pit, or in any well;
(2) contaminant saturated soil is
				present;
(3) concentrations of
				contaminants of concern exceed site-specific target levels (SSTLs) in soil or
				WQCC or EIB standards in groundwater or surface water;
(4) total petroleum hydrocarbons in soil meet
				the criteria outlined 20.5.119.1914 NMAC; or
(5) other conditions exist as a result of the
				release which threaten public health, safety and welfare or the environment, as
				determined by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1924 - REVIEW AND APPROVAL OF FINAL REMEDIATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 30 days of receipt of the final
				remediation plan and after the public comment period has ended, the department
				shall review the plan and shall either approve the plan or notify the owner and
				operator in writing of the deficiencies of the plan. If the secretary
				determines that a decision on the remediation plan must be postponed due to
				significant comments from the public, the department must notify the owner and
				operator within 30 days of such a postponement, and may extend its review
				period for a period not to exceed 60 days unless otherwise provided in
				Subsection D of this section. All deadlines calculated from the end of the
				review period will be adjusted to reflect any extension.
B. The department may approve a final
				remediation plan and impose reasonable conditions.
C. If the department determines that the
				final remediation plan is inadequate, owners and operators shall modify the
				plan to correct the deficiencies specified by the department and re-submit it
				within the time period specified by the department.
D. The department may provide notice of the
				submission of the remediation plan to persons other than the owner and operator
				and provide for public participation in the review process as the department
				deems appropriate or when there is significant public interest. In the event
				that an informal public meeting, public hearing or other form of public
				participation is conducted, the department may postpone its decision on the
				final remediation plan until after a public hearing or meeting is held and a
				determination is made. Any public hearing or meeting that is held due to
				significant public interest shall be held within 60 days of determining that
				there is significant public interest.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1925 - IMPLEMENTATION OF FINAL REMEDIATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall implement the
				final remediation plan after department approval in accordance with a timeline
				approved by the department or the timeline set forth in Subsection E of
				20.5.119.1900 NMAC. Owners and operators shall employ a professional engineer
				to ensure conformance with the final remediation plan including excavation and
				installation, commissioning and operation of the system.
B. When the remediation plan includes
				mechanical or electrical equipment, engineered fill, pinning, shoring or slope
				stability analysis:
(1) a professional
				engineer shall supervise conformance with the final remediation plan including
				installation, commissioning and operation of the system;
(2) owners and operators shall operate the
				remediation system continuously until the remediation is terminated pursuant to
				this part unless otherwise approved by the department; and
(3) owners and operators shall report to the
				department all interruptions of the operation of the remediation system greater
				than 72 hours.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 119 - CORRECTIVE ACTION FOR STORAGE TANK SYSTEMS CONTAINING PETROLEUM PRODUCTS › Section 20.5.119.1926 - QUARTERLY REPORTS ON THE REMEDIATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall submit paper
				and electronic copies of written reports to the department on the operation of
				the remediation system. Owners and operators shall submit the reports quarterly
				unless a different reporting period is approved by the department, shall
				document all work performed during the preceding interval, and shall include
				the following information, as appropriate:
(1) tabulation of the current and historical
				results of all water quality analyses and water elevation data;
(2) evaluation of the performance and
				efficiency of each aspect of the remediation:
(a) the evaluation and all adjustments to
				system operation shall be performed, as appropriate, under the direct,
				responsible, supervisory control of an authorized representative of the
				qualified firm and a professional engineer; and
(b) owners and operators shall submit
				evidence that the performance of the remediation system meets the operating
				standards outlined in the final remediation plan;
(3) verification based on calculations that
				the schedule is being met for source removal, protection of actual and
				potential receptors, achievement of target concentrations, quarterly and
				cumulative contaminant mass reduction totals to date in pounds and gallons of
				contaminants;
(4) records of system
				operation, including but not limited to, periods of shut-down and equipment
				malfunctions; the maintenance procedures performed on the remediation system
				during the preceding quarter, including the names of the individuals performing
				the maintenance; and an operation and maintenance schedule for the next
				quarter;
(5) NAPL recovery, both
				cumulative and quarterly, and details of its disposal;
(6) effluent vapor concentrations over
				time;
(7) evaluation and
				recommendations for improving the performance of the system to achieve the
				goals of remediation; and
(8) other
				information required by the department.