HOUSE TRANSPORTATION, PUBLIC WORKS AND CAPITAL IMPROVEMENTS

COMMITTEE SUBSTITUTE FOR

HOUSE BILL 310

57th legislature - STATE OF NEW MEXICO - first session, 2025

 

 

 

 

 

 

 

AN ACT

RELATING TO MOTOR VEHICLES; ENACTING THE PROMOTING RESPONSIBLE END-OF-LIFE MANAGEMENT OF ELECTRIC VEHICLE BATTERIES ACT; AMENDING DEFINITIONS IN THE HAZARDOUS WASTE ACT; AMENDING THE DUTIES AND POWERS OF THE ENVIRONMENTAL IMPROVEMENT BOARD.

 

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 9 of this act may be cited as the "Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act:

          A. "auto recycler" means a person engaged in New Mexico in an established business that includes acquiring vehicles that are required to be registered pursuant to the Motor Vehicle Code for the purpose of dismantling, wrecking, shredding, compacting, crushing or otherwise destroying vehicles for reclaimable parts or scrap material to sell;

          B. "battery" means a device consisting of one or more electrically connected electrochemical cells that is designed to receive, store and deliver electric energy;

          C. "battery management hierarchy" means the preference for auto recyclers, secondary handlers, secondary users or battery providers to first strive to reuse, repair or remanufacture batteries when possible and cost-effective before sending end-of-life batteries for recycling;

          D. "battery provider" means:

                (1) a vehicle manufacturer that has a franchise agreement with the entity that initially sells, offers for sale or distributes a propulsion battery or a vehicle containing a propulsion battery in or into New Mexico, including vehicle manufacturers licensed pursuant to applicable state codes or propulsion battery manufacturers that distribute propulsion batteries under their own name or brand;

                (2) the owner or licensee of a brand or trademark under which a propulsion battery is sold or distributed in or into New Mexico, including a licensee with the exclusive right to use the trademark or brand in connection with the distribution or sale of propulsion batteries;

                (3) if no person meets the criteria set forth in Paragraph (1) or (2) of this subsection, a battery provider is the person that imports the propulsion battery into the state for sale, distribution or installation; and

                (4) if no other person meets the criteria set forth in Paragraph (1), (2) or (3) of this subsection, the distributor, retailer or wholesaler that sells or distributes the new propulsion battery in or into New Mexico.

     The sale of a propulsion battery is considered to occur in New Mexico if the battery, or the vehicle containing the battery, is delivered to a licensed dealer or directly to the consumer in New Mexico;

          E. "commercial hauler" means a person transporting solid waste for hire by whatever means for the purpose of transferring, processing, storing or disposing of the solid waste in a solid waste facility, except that "commercial hauler" does not include a person transporting solid waste generated on the person's residential or business premises for the purpose of disposing of it in a solid waste facility;

          F. "department" means the department of environment;

          G. "end-of-life" means the stage at which a propulsion battery is removed from its initial application and will be evaluated by a secondary handler or secondary user for reuse, remanufacture, repair, repurpose or recycling;

          H. "generator" has the same meaning as set forth in Subsection H of Section 74-4-3 NMSA 1978;

          I. "propulsion battery" means a battery with the primary intended purpose of supplying power to propel an electric or hybrid vehicle;

          J. "remanufacture" means a repair or modification to a propulsion battery that results in the complete battery, or any battery modules or battery cells in the propulsion battery, being used for the same purpose or application for which the battery was originally designed;

          K. "repurpose" means the use of a propulsion battery or any battery modules or battery cells in the propulsion battery to store and supply electricity in a manner other than its primary intended purpose;

          L. "reuse" means the use of a propulsion battery in another vehicle that does not require modification to the battery;

          M. "secondary handler" means an entity that takes possession of a propulsion battery:

                (1) to sort, reuse, repair or remanufacture; or

                (2) to prepare the battery for:

                     (a) repurposing by a secondary user; or

                     (b) end-of-life management by a specialized battery recycler;

          N. "secondary user" means an entity that repurposes a propulsion battery;

          O. "specialized battery recycler" means an entity or facility that is authorized by the department or an equivalent agency in another state, by an applicable federal regulatory body or by another country to do one or both of the following:

                (1) extract and separate end-of-life propulsion battery elements that include:

                     (a) intermediate fraction from the thermal or mechanical treatment of waste batteries; and

                     (b) components, including lithium compounds, cobalt, nickel, copper, aluminum, iron, manganese and graphite, and send the material for further processing or refining prior to sending them to another specialized battery recycler; or

                (2) refine end-of-life propulsion batteries or the materials listed in Paragraph (1) of this subsection to useable battery materials;

          P. "specialized battery recycler" does not include entities that are only engaged in the collection or logistics of moving materials for recycling or whose primary method of battery recycling is done by smelting;

          Q. "spent battery" means a propulsion battery for which costs associated with reuse, repurposing, remanufacturing or recycling the battery present a burden for the secondary handler or secondary user that has removed the battery from the vehicle; and

          R. "treatment" has the same meaning as set forth in Subsection U of Section 74-4-3 NMSA 1978 but does not include:

                (1) sorting batteries by type;

                (2) mixing battery types in one container;

                (3) discharging batteries to remove the electric charge;

                (4) regenerating used batteries;

                (5) disassembling batteries or battery packs into individual batteries or cells;

                (6) removing batteries from consumer products; or

                (7) removing electrolyte from batteries.

     SECTION 3. [NEW MATERIAL] PROHIBITION ON LANDFILLING.--

          A. All propulsion batteries in the state shall be managed responsibly at end-of-life in accordance with the battery management hierarchy. Disposal of propulsion batteries through landfilling is prohibited.

          B. A commercial hauler shall not knowingly collect a propulsion battery, or any module or cell of a propulsion battery, placed for collection and disposal as solid waste. A commercial hauler may refuse to collect a solid waste container containing a propulsion battery or any components of a propulsion battery.

          C. No solid waste facility in this state shall knowingly accept for disposal a propulsion battery or any components of a propulsion battery or a truckload or roll-off container of solid waste containing a propulsion battery or any components of a propulsion battery. The owner or operator of a solid waste facility may refuse to accept for disposal a propulsion battery or any module or cell of a propulsion battery or any truckload or roll-off container of solid waste containing a propulsion battery or any components of a propulsion battery.

          D. An entity that attempts to landfill or improperly dispose of a propulsion battery shall be subject to the penalties set forth in Sections 74-4-11 and 74-4-12 NMSA 1978.

     SECTION 4. [NEW MATERIAL] RESPONSIBLE ENTITY FOR SPENT BATTERIES.--The responsible entity for a spent battery shall be the battery provider, unless a secondary handler or secondary user has modified the battery. In that case, the responsible entity shall be the last party that modified the battery. The responsible entity shall be responsible for end-of-life treatment for a spent battery consistent with the provisions of the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act. If a spent battery is not in the possession of a person, that person shall not be a responsible entity until notified of the existence and location of the spent battery.

     SECTION 5. [NEW MATERIAL] RESPONSIBILITIES OF SECONDARY HANDLERS AND SECONDARY USERS.--

          A. Upon repurposing or remanufacturing a propulsion battery, secondary users and secondary handlers are responsible for end-of-life battery management of spent batteries.

          B. If a secondary handler or a secondary user identifies a propulsion battery as a spent battery upon taking initial possession of the battery, the secondary handler or secondary user shall use the labeling to identify the responsible entity for that spent battery, which shall be either the battery provider or the last entity to have modified the battery. The secondary handler or secondary user shall notify the responsible entity, who shall collect the spent battery.

          C. For propulsion batteries that are unable to be further reused, repurposed or remanufactured, secondary handlers and secondary users shall coordinate with a specialized battery recycler for end-of-life management to ensure compliance with the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act. When a battery provider acts as a secondary handler or secondary user, the battery provider shall be subject to the responsibilities of secondary handlers and secondary users pursuant to this section.

          D. If a secondary handler or secondary user modifies a propulsion battery, the secondary handler or secondary user shall provide updated labeling that identifies the secondary handler or secondary user as the responsible entity for the modified battery before the battery can be supplied back to market. Secondary handlers and secondary users become responsible for ensuring spent batteries are handled in accordance with the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act when the secondary handlers or secondary users modify a propulsion battery.

          E. On or before January 1, 2028 and by January 1 of each year thereafter, secondary users and secondary handlers shall submit annual reports to the department containing the following information for the prior calendar year, if applicable:

                (1) the total volume of propulsion batteries each secondary user procured;

                (2) identification of all auto recyclers involved in propulsion battery collections;

                (3) a brief overview of methods used to transport used propulsion batteries;

                (4) the total volume of propulsion batteries reused;

                (5) a brief overview of processes used for reuse of propulsion batteries;

                (6) the total volume of propulsion batteries repurposed;

                (7) a brief overview of processes used to repurpose propulsion batteries;

                (8) the total volume of propulsion batteries remanufactured;

                (9) a brief overview of processes used to remanufacture propulsion batteries;

                (10) the total volume of propulsion batteries sent to a specialized battery recycler; and

                (11) the volume of spent batteries that secondary handlers and secondary users contacted battery providers to pick up.

          F. Upon taking possession of a propulsion battery, secondary handlers and secondary users shall manage propulsion batteries in accordance with the battery management hierarchy.

          G. Secondary handlers and secondary users that perform treatment of propulsion batteries shall obtain a permit pursuant to the Hazardous Waste Act.

     SECTION 6. [NEW MATERIAL] RESPONSIBILITIES OF BATTERY PROVIDERS--PROVIDING PENALTIES.--

          A. A battery provider shall:

                (1) upon receiving notification from a generator, secondary handler or secondary user regarding a spent battery, be responsible for retrieving the battery in a timely and safe manner;

                (2) ensure the responsible end-of-life management of a propulsion battery that is:

                     (a) removed from a vehicle still in service while under warranty, in accordance with state and federal laws; or

                     (b) returned directly to the battery provider; and

                (3) coordinate with specialized battery recyclers for the end-of-life management of propulsion batteries if recycling is the only viable second-life application available for a propulsion battery, to ensure compliance with the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act.

          B. A battery provider ceases to be the responsible entity for remanufactured or repurposed propulsion batteries unless the battery provider has performed the remanufacturing or repurposing or has agreed to accept responsibility for such liability by contract.

          C. If a vehicle containing a propulsion battery originally sold in New Mexico is retired out of state, it is not subject to the provisions of the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act.

          D. On or before January 1, 2028 and by January 1 of each year thereafter, battery providers shall submit an annual report to the department containing the following information for the prior calendar year:

                (1) the total volume of propulsion batteries managed at end-of-life;

                (2) the total volume of propulsion batteries managed by specialized battery recyclers in accordance with the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act; and

                (3) the total volume of propulsion batteries procured in the following categories:

                     (a) batteries acquired from auto recyclers; and

                     (b) batteries procured from other sources.

     SECTION 7. [NEW MATERIAL] RESPONSIBILITIES OF SPECIALIZED BATTERY RECYCLERS.--

          A. On or before January 1, 2028 and by January 1 of each year thereafter, specialized battery recyclers shall submit an annual report to the department containing the following information for the prior calendar year:

                (1) the total volume of propulsion batteries the specialized battery recycler has procured;

                (2) the total volume of propulsion batteries recycled; and

                (3) the recovery rates of lithium, nickel, cobalt, copper, aluminum and graphite, as applicable.

          B. Specialized battery recyclers that perform treatment of propulsion batteries shall obtain a permit pursuant to the Hazardous Waste Act.

     SECTION 8. [NEW MATERIAL] RESPONSIBILITIES OF OTHER PERSONS--PROVIDING PENALTIES.--

          A. A person that is not a battery provider, secondary handler or secondary user seeking to discard a vehicle propulsion battery shall:

                (1) return the vehicle propulsion battery or the vehicle containing the vehicle propulsion battery to the responsible entity or notify the responsible entity and coordinate timely and safe pickup of the battery to be done by the responsible entity; or

                (2) sell or transfer the vehicle propulsion battery or the vehicle containing the vehicle propulsion battery to a secondary handler, secondary user or specialized battery recycler.

          B. Persons that violate the provisions of Subsection A of this section shall be subject to the penalties set forth in the Hazardous Waste Act.

     SECTION 9. [NEW MATERIAL] RESPONSIBILITIES OF THE DEPARTMENT.--The department shall:

          A. notify secondary handlers, secondary users, commercial haulers and solid waste facilities of the prohibition on disposing of propulsion batteries in landfills and that auto recyclers can contact the responsible entity to take responsibility for spent batteries;

          B. determine how to proceed if the federal government passes laws or publishes regulations pertaining to propulsion batteries that may impact the requirements outlined in the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act and review, evaluate and compare the federal requirements to those provided for in that act;

          C. revise applicable administrative rules to ensure compliance with federal standards and achieve greater efficiency and feasibility; and

          D. determine and enforce violations, administrative compliance cost recovery and penalties for battery providers, specialized battery recyclers, secondary handlers and secondary users that violate the provisions of the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act or fail to meet the requirements outlined in that act, in alignment with those provisions of the New Mexico Administrative Code required by the federal Resource Conservation and Recovery Act of 1976, as amended.

     SECTION 10. 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 for noncommercial purposes;

                (2) pipeline facility, including gathering lines, that is regulated under Chapter 601 of Title 49 of the United States Code or that is an intrastate pipeline facility regulated under state laws as provided in Chapter 601 of Title 49 of the United States Code and that is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;

                (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 used for storing heating oil for consumptive use on the premises where stored;

                (8) pipes connected to any tank that is described in Paragraphs (1) through (7) of this subsection; or

                (9) tanks or related pipelines and facilities owned or used by a refinery, natural gas processing plant or pipeline company in the regular course of its refining, processing or pipeline business;

          B. "board" means the environmental improvement board;

          C. "corrective action" means an action taken in 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 the 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 publishing office;

          H. "generator" means any person producing hazardous waste; provided that for propulsion batteries, as defined in Section 2 of the Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act, used in vehicles, "generator" means the entity that initially removes the propulsion battery from the vehicle;

          I. "hazardous agricultural waste" means hazardous waste generated as part of the licensed activity by any 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 with farm, ranch or feedlot operations;

          J. "hazardous substance incident" means any emergency incident involving a chemical or chemicals, including 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;

                     (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 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;

          R. "tank installer" means any individual who installs or repairs a storage tank;

          S. "tank tester" means any individual who tests storage tanks;

          T. "transporter" means a person engaged in the movement of hazardous waste, not including movement at the site of generation, disposal, treatment or storage;

          U. "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;

          V. "underground storage tank" means a single tank or a combination of tanks, including underground pipes connected thereto, that is 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 for noncommercial purposes;

                (2) septic tank;

                (3) pipeline facility, including gathering lines, that is regulated under Chapter 601 of Title 49 of the United States Code or that is an intrastate pipeline facility regulated under state laws as provided in Chapter 601 of Title 49 of the United States Code and that is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;

                (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 used for storing heating oil for consumptive use on the premises where stored;

                (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; and

          W. "used oil" means any oil that has been 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 11. Section 74-4-4 NMSA 1978 (being Laws 1977, Chapter 313, Section 4, as amended) is amended to read:

     "74-4-4. DUTIES AND POWERS OF THE BOARD.--

          A. The board shall adopt rules for the management of hazardous waste, as may be necessary to protect public health and the environment, that are equivalent to and at least as stringent as federal regulations adopted by the federal environmental protection agency pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended:

                (1) for the identification and listing of hazardous wastes, taking into account toxicity, persistence and degradability, potential for accumulation in tissue and other related factors, including flammability, corrosiveness and other hazardous characteristics [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];

                (2) establishing standards applicable to generators identified or listed under this subsection, including requirements for:

                     (a) furnishing information on the location and description of the generator's facility and on the production or energy recovery activity occurring at that facility;

                     (b) recordkeeping practices that accurately identify the quantities of hazardous waste generated, the constituents of the waste that are significant in quantity or in potential harm to human health or the environment and the disposition of the waste;

                     (c) labeling practices for any containers used for the storage, transport or disposal of the hazardous waste that will identify accurately the waste;

                     (d) use of safe containers tested for safe storage and transportation of the hazardous waste;

                     (e) furnishing the information on the general chemical composition of the hazardous waste to 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;

                     (g) submission of reports to the secretary at such times as the secretary deems necessary, setting out the quantities of hazardous waste identified or listed pursuant to the Hazardous Waste Act that the generator has generated during a particular time period and the disposition of all hazardous waste reported, the efforts undertaken during a particular time period to reduce the volume and toxicity of waste generated and the changes in volume and toxicity of waste actually achieved during a particular time period in comparison with previous time periods; and

                     (h) the use of a manifest system and any other reasonable means necessary to ensure that all hazardous waste generated is designated for treatment, storage or disposal in, and arrives at, treatment, storage or disposal facilities, other than facilities on the premises where the waste is generated, for which a permit has been issued pursuant to the Hazardous Waste Act; that the generator of hazardous waste has a program in place to reduce the volume or quality and toxicity of waste to the degree determined by the generator to be economically practicable; and that the proposed method of treatment, storage or disposal is that practicable method currently available to the generator that minimizes the present and future threat to human health and the environment;

                (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 requirements for:

                     (a) recordkeeping concerning the hazardous waste transported and its source and delivery points;

                     (b) transportation of the hazardous waste only if properly labeled;

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

                     (d) transportation of all the hazardous waste only to the hazardous waste treatment, storage or disposal facility that the shipper designates on the manifest form to be a facility holding a permit issued pursuant to the Hazardous Waste Act or the federal Resource Conservation and Recovery Act of 1976, as amended;

                (4) establishing standards applicable to distributors or marketers of any fuel produced from hazardous waste, or any fuel that contains hazardous waste, for:

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

                     (b) furnishing the information describing the production or energy recovery activity carried out at the facility;

                (5) establishing performance standards as may be necessary to protect human health and the environment applicable to owners and operators of facilities for the treatment, storage or disposal of hazardous waste identified or listed under this section, distinguishing, where appropriate, between new facilities and facilities in existence on the date of promulgation, including requirements for:

                     (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 manner in which the waste was treated, stored or disposed of;

                     (b) satisfactory reporting, monitoring, inspection and compliance with the manifest system referred to in Subparagraph (h) of Paragraph (2) of this subsection;

                     (c) treatment, storage or disposal of all such waste and any liquid that is not a hazardous waste, except with respect to underground injection control into deep injection wells, received by the facility pursuant to such operating methods, techniques and practices as may be satisfactory to the secretary;

                     (d) location, design and construction of hazardous waste treatment, disposal or storage facilities;

                     (e) contingency plans for effective action to minimize unanticipated damage from any treatment, storage or disposal of any hazardous waste;

                     (f) maintenance and operation of the facilities and requiring any additional qualifications as to ownership, continuity of operation, training for personnel and financial responsibility, including financial responsibility for corrective action, as may be necessary or desirable;

                     (g) compliance with the requirements of Paragraph (6) of this subsection respecting permits for treatment, storage or disposal;

                     (h) the taking of corrective action for all releases of hazardous waste or constituents from a solid waste management unit at a treatment, storage or disposal facility, regardless of the time at which waste was placed in the unit; and

                     (i) the taking of corrective action beyond a facility's boundaries where necessary to protect human health and the environment unless the owner or operator of that facility demonstrates to the satisfaction of the secretary that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. Rules adopted and promulgated under this subparagraph shall take effect immediately and shall apply to all facilities operating under permits issued under Paragraph (6) of this subsection and to all landfills, surface impoundments and waste pile units, including any new units, replacements of existing units or lateral expansions of existing units, that receive hazardous waste after July 26, 1982. No private entity shall be precluded by reason of criteria established under Subparagraph (f) of this paragraph from the ownership or operation of facilities providing hazardous waste treatment, storage or disposal services where the entity can provide assurance of financial responsibility and continuity of operation consistent with the degree and duration of risks associated with the treatment, storage or disposal of specified hazardous waste;

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

                (7) establishing procedures for the issuance, suspension, revocation and modification of permits issued under Paragraph (6) of this subsection, which rules shall provide for public notice, public comment and an opportunity for a hearing prior to the issuance, suspension, revocation or major modification of any permit unless otherwise provided in the Hazardous Waste Act;

                (8) defining major and minor modifications; and

                (9) establishing procedures for the inspection of facilities for the treatment, storage and disposal of hazardous waste that govern the minimum frequency and manner of the inspections, the manner in which records of the inspections shall be maintained and the manner in which reports of the inspections shall be filed; provided, however, that inspections of permitted facilities shall occur no less often than every two years.

          B. The board shall adopt rules:

                (1) concerning hazardous substance incidents; and

                (2) requiring notification to the department of any hazardous substance incidents.

          C. The board shall adopt rules concerning storage tanks as may be necessary to protect public health and the environment and that, in the case of underground storage tanks, are equivalent to and at least as stringent as federal regulations adopted by the federal environmental protection agency pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended.

          D. The board shall adopt rules concerning storage tanks that implement the federal Energy Policy Act of 2005, Pub. L. 109-58, as amended, and that are equivalent to and at least as stringent as the Energy Policy Act and its grant guidelines and regulations.

          E. Rules adopted pursuant to this section shall include:

                (1) standards for the installation, operation, maintenance, repair and replacement of storage tanks;

                (2) requirements for financial responsibility;

                (3) standards for inventory control;

                (4) standards for the detection of leaks from and the integrity-testing and monitoring of storage tanks;

                (5) standards for the closure and dismantling of storage tanks;

                (6) requirements for recordkeeping;

                (7) requirements for the reporting, containment and remediation of all leaks from any storage tanks; and

                (8) criteria and procedures for classifying a storage tank facility as ineligible, and reclassifying a storage tank facility as eligible, for the delivery, deposit, acceptance or sale of petroleum products.

          F. The criteria and procedures adopted by the board pursuant to this section shall require the department to 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.

          G. The criteria and procedures adopted by the board pursuant to this section may allow the department to classify a storage tank facility as ineligible for delivery, deposit, acceptance or sale of petroleum products when the owner or operator has failed to comply with a written warning within a reasonable period of time and the warning concerns:

                (1) improper operation or maintenance of required equipment for spill prevention, overfill protection, leak detection or corrosion protection;

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

                (3) operation of the storage tank facility in a manner that creates an imminent threat to the public health and the environment.

          H. Rules adopted by the board pursuant to this section shall defer classifying a storage tank facility as ineligible for delivery, deposit, acceptance or sale of petroleum products if the ineligible classification would jeopardize the availability of, or access to, motor fuel in any rural and remote areas.

          I. Rules adopted by the board pursuant to this section shall allow the department to authorize delivery or deposit of petroleum products to:

                (1) an emergency generator tank that is otherwise ineligible for delivery or deposit if a commercial power failure or other declared state of emergency exists and the emergency generator tank provides power supply, stores petroleum and is used solely in connection with an emergency system, legally required standby system or optional standby system; or

                (2) a storage tank facility that is otherwise ineligible for delivery or deposit if the delivery or deposit is necessary to test or calibrate a tank.

          J. The board shall adopt rules concerning the management of used oil that are equivalent to and at least as stringent as federal regulations adopted by the federal environmental protection agency pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended.

          K. 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.

          L. Before the board adopts a rule for the management of hazardous waste, concerning storage tanks or concerning used oil, that is more stringent than the federal regulations, the 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 12. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2027.

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