The bill amends the Hazardous Waste Act in New Mexico to expand the definition of "hazardous waste" to include discarded aqueous film-forming foam containing intentionally added per- and polyfluoroalkyl substances (PFAS). This amendment is intended to strengthen the state's regulatory framework regarding hazardous materials, particularly in response to increasing concerns about the environmental and health risks associated with PFAS. The bill also grants the Environmental Improvement Board the authority to create specific rules for managing these substances as hazardous waste, ensuring that the regulations are at least as stringent as federal standards.

Furthermore, the bill establishes new regulations for the management of hazardous waste and storage tanks, mandating inspections of permitted facilities every two years and requiring compliance with federal regulations, including the Resource Conservation and Recovery Act. It sets forth criteria for classifying storage tank facilities based on their adherence to safety and environmental standards, while allowing exceptions for emergency situations and rural areas to maintain access to motor fuel. The board is responsible for developing rules related to the installation, operation, maintenance, and leak detection of storage tanks, as well as ensuring financial responsibility and proper recordkeeping. Before implementing any rules that exceed federal standards, the board must demonstrate that these rules will provide enhanced protection for public health and the environment.

Statutes affected:
introduced version: 74-4-3, 74-4-4
EN substitute: 74-4-3, 74-4-4
Final Version: 74-4-3, 74-4-4