New Mexico Geothermal Waste & Hazardous Material Assessment(18-NM)

If the developer’s project requires installation of an underground storage tank, then the developer will be required to obtain approval from NMED prior to construction. Developers may also be required to obtain a Hazardous Waste Permit if their project involves hazardous wastes as defined in the New Mexico Hazardous Waste Act.

In New Mexico, NMED’s Petroleum Storage Tank Bureau oversees the installation, modification, and removal of underground storage tanks (UST) pursuant to the authority granted in the Hazardous Waste Act and the Environmental Improvement General Provisions. Specific UST systems are exempt from NMAC 20.5 regulation. NMAC 20.5.1. Developers must give NMED written notice of installation 30 days prior to commencing any installation activities. NMAC 20.5.2.10. Developers must submit all the necessary forms to NMED along with an annual fee. It is illegal to operate a UTS system in New Mexico without a current and valid registration certificate. NMAC 20.5.2.15.

Developers may be required to obtain a Hazardous Waste Permit from NMED if their project will involve “hazardous wastes” as defined in the New Mexico Hazardous Waste Act (NMHWA). “Hazardous waste” is defined by the NMHWA as any solid waste or combination of solid wastes that because of their quantity, concentration or physical, chemical or infections characteristics may: cause or significantly contribute to any increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. NMSA 74-4-3(K). Drilling fluids, produced waters and other wastes associated with the exploration, development or production of geothermal energy are specifically excluded from the definition of “hazardous wastes” in NMHWA. NMSA 74-4-3(K). Developers must be issued an EPA Identification Number by NMED prior to submitting an application. Developers may be required to participate in a public hearing, and NMED will respond to any comments made during the hearing. NMAC 20.4.1.90.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.