1. Storage Tank Committee Meeting April 23, 2003 Santa Fe, New Mexico New Mexico Environment Department Petroleum Storage Tank Bureau

2. Petroleum Storage Tank Bureau 2044 Galisteo Street Santa Fe, New Mexico 87504 Phone: 984-1741 Fax: 984-1738 www.nmenv.state.nm.us New Mexico Environment Department Petroleum Storage Tank Bureau

3. Petroleum Storage Tank Bureau Contact Information Bureau Chief:Jerry Schoeppner, 984-1939 Remediation:Joyce Shearer, 984-1935 Inspection:Kalvin Martin, 984-1938 Regs/IT/ Public Information: Anna Richards, 984-1925 New Mexico Environment Department Petroleum Storage Tank Bureau

4. Petroleum Storage Tank Bureau Mission Statement To protect human health and the environment by preventing, detecting, mitigating and remediating releases from tanks that store regulated substances. New Mexico Environment Department Petroleum Storage Tank Bureau

5. EPA Delegated Authority RCRA 1984 – Congress enacted Sections 9001-9010 State Approved Program in 1990 State Statutory Authorization Hazardous Waste Act Ground Water Protection Act (PPLF) New Mexico Environment Department Petroleum Storage Tank Bureau

6. History of Enabling Legislation Prior to 1990: Petroleum Storage and Cleanup Act (PSCA) 1990: Legislature repealed PSCA and replaced it with the Ground Water Protection Act (GWPA) GWPA: Created a State cleanup fund - the Corrective Action Fund (CAF) and the authority to create the Petroleum Products Loading Fee (PPLF) New Mexico Environment Department Petroleum Storage Tank Bureau

7. Amendments to the Ground Water Protection Act 1992:Creation of the RP lead reimbursement track 1995:Required competitive bidding, contractor qualification and CAF remaining as a FR mechanism 2001:Authority to regulate aboveground storage tanks New Mexico Environment Department Petroleum Storage Tank Bureau

8. History of the Petroleum Products Loading Fee Act 1990:Flat rate of 1 cent/gallon of gasoline sold 1994:Flat rate reduced to 0.5 cent/gallon 1995:Sliding scale based on unobligated cash balance Unobligated BalanceFee/load > $18M$40 $12M$80 $6M$120 < $6M$150 New Mexico Environment Department Petroleum Storage Tank Bureau

9. Funding Federal UST Grant - $250K, 25% match Federal LUST Trust Grant - $800K, 10% match Tank Fees - $560K Corrective Action Fund - $15M New Mexico Environment Department Petroleum Storage Tank Bureau

10. Organizational Structure Legend Red - Other State Funds CAF - Corrective Action Fund P/I - Tank Fees Blue – Federal Grants UST - UST Grant LUST Trust Grant New Mexico Environment Department Petroleum Storage Tank Bureau

11. Remedial Action Program New Mexico Environment Department Petroleum Storage Tank Bureau

12. Remedial Action Program New Mexico Environment Department Petroleum Storage Tank Bureau

13. Remedial Action Program Responsibilities Oversight of corrective action activities Review and approve technical scopes of work with associated costs (peer review – Team, TF) Oversee field activities Review and approve technical reports New Mexico Environment Department Petroleum Storage Tank Bureau

14. Remedial Action Program Confirmed Releases -2360 Sites closed - 1239 ------ Active LUST sites - 1121 Average caseload is 56 sites ASTs - ~250, increase of 22% New Mexico Environment Department Petroleum Storage Tank Bureau

15. Remedial Action Program

17. Regulation & Information Management Program New Mexico Environment Department Petroleum Storage Tank Bureau

18. Regulation & Information Management Program New Mexico Environment Department Petroleum Storage Tank Bureau

19. Reg. & Info. Management Program Responsibilities Regulation revisions Provide computer support Maintain LUST/UST database Public information requests New Mexico Environment Department Petroleum Storage Tank Bureau

20. Prevention & Inspection Program New Mexico Environment Department Petroleum Storage Tank Bureau

21. Prevention/Inspection Program New Mexico Environment Department Petroleum Storage Tank Bureau

22. Prevention/Inspection Program Responsibilities Ensure that facilities are operating in accordance with regulations Oversee field activities associated with UST’s and ASTs Certify tank installers Provide information to public and owner/operators Goal is conduct annual compliance inspections New Mexico Environment Department Petroleum Storage Tank Bureau

23. Prevention/Inspection - Compliance 16,206 USTs, 11,943 closed USTs - 4263 tanks at 1450 facilities ASTs – 2000 tanks at 700 facilities Average caseload is 131 facilities 98% of facilities are in compliance National average - 69% Region 6 average - 66% New Mexico Environment Department Petroleum Storage Tank Bureau

24. Prevention & Inspection – Tank Act./Contamination New Mexico Environment Department Petroleum Storage Tank Bureau

25. Prevention & Inspection – Tank Activity

26. Office of Finance and Budget CAF Reimbursement & Fee and Operating Fund Sections New Mexico Environment Department Petroleum Storage Tank Bureau

27. OFB Responsibilities Audit, process, and pay claims and invoices Track CAF balance Invoice and collect permit fees and penalties Maintain UST and AST registration and financial database Prepare and track annual budget New Mexico Environment Department Petroleum Storage Tank Bureau

28. Future Challenges Maintaining the CAF as a FR mechanism ASTs – corrective action Propose increase in PPLF Implementation of Regulation of ASTs Maintain 90% + compliance inspection rate Propose increase in tank registration fee Operational vs. equipment compliance Leak detection vs. leak prevention New Mexico Environment Department Petroleum Storage Tank Bureau