44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

REQUESTING THE DEPARTMENT OF ENVIRONMENT TO REPORT TO THE APPROPRIATE COMMITTEE APPOINTED BY THE NEW MEXICO LEGISLATIVE COUNCIL ON UNDERGROUND STORAGE TANK PROBLEMS AND PROGRAMS.

WHEREAS, congress directed the United States environmental protection agency to establish regulatory programs that would prevent, detect and clean up releases from underground storage tank systems containing petroleum or hazardous substances; and

WHEREAS, in 1988, the environmental protection agency established a number of corrective action requirements for underground storage tank systems to clean up soil and ground water as needed to protect human health and the environment; and

WHEREAS, on November 14, 1997, the environmental protection agency issued an order that owners and operators of underground storage tanks had until December 22, 1998 to upgrade, replace or close underground storage tank systems that do not meet the environmental protection agency's technical standards for protection against spills, overfills and corrosion; and

WHEREAS, it appears that many of the family owned gas stations have closed in rural areas in New Mexico due to leaking underground storage tanks; and

WHEREAS, such closures may have a negative economic impact in rural New Mexico and may cause residents in rural areas to travel farther for petroleum products; and

WHEREAS, such closures may be due to the high cost of replacing underground storage tank systems and complying with new regulations;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of environment provide to the appropriate committee directed by the New Mexico legislative council, by December 31, 1999, the number of gas stations that were closed since 1988 due to leaking underground storage tanks; and

BE IT FURTHER RESOLVED that the department of environment provide to the appropriate committee directed by the New Mexico legislative council the types of federal or state programs available to assist owners and operators of underground storage tank systems to comply with regulations; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of environment and to the New Mexico legislative council.