Mission

The New Mexico Environment Department (NMED) is seeking public comment on an agency-initiated draft Hazardous Waste Facility Permit (draft Permit) for the Waste Isolation Pilot Plant (WIPP) facility. Based upon the background and administrative history, as detailed in the Fact Sheet, NMED has determined there is sufficient basis to develop an agency-initiated modification (AIM) that clarifies the priority to emplace legacy waste from all generator sites and specifically to reduce the risk of LANL legacy waste during the current permit term.

NMED issued a Public Notice on April 23, 2026, to announce the beginning of a 45-day comment period in accordance with 20.4.1.900 NMAC. The Public Notice can be found here: https://hwbdocs.env.nm.gov/Waste%20Isolation%20Pilot%20Plant/260420.pdf .  Only comments and/or requests for a public hearing received before 5:00 p.m. MT on June 8, 2026 will be considered. Please reference the NMED WIPP AIM Draft Permit.

The Fact Sheet, the Public Notice, and the draft Permit are available on the NMED Hazardous Waste Bureau (HWB) WIPP News webpage at: https://www.env.nm.gov/hazardous-waste/wipp/, under WIPP News for April 23, 2026.

The Fact Sheet provides information to invite and enable public participation in this Permit action. Any person who wishes to comment on the draft Permit and/or request a public hearing should submit a written comment, through NMED’s Public Comment Portal or by email or by postal mail, as detailed in the Public Notice and Fact Sheet.

Owners, operators, and testers of petroleum storage tank systems, please email all required tank system test results to: PSTB.compliance@env.nm.gov with a copy to the facility inspector, if known, to allow for receipt and tracking of these reports. Report a suspected or confirmed leak or spill from a petroleum storage tank within 24 hours here (this includes failed or inconclusive test results). Send passing test results within 60 days of when they're done.

Please name the documents you send as follows:

[Facility ID#] [Owner ID#] [Facility name] [Type of Test] [Date of Test]

For example: 30211 53489 Jack’s Quick Mart ATG Test 2021-06-25

The facility ID# and Owner ID# are on the registration certificates you receive after you pay your tank fees every year or may be found in the storage tank lists available near the bottom of the main PSTB (Petroleum Storage Tank Bureau)  webpage, https://www.env.nm.gov/petroleum_storage_tank/.

Information that must be included in reports:

1. facility name and address;
   (2) facility ID number;
   (3) owner and operator name and address;
   (4) owner ID number;
   (5) date report was completed;
   (6) date of the test;
   AND MORE. See 20.5.107.715.D NMAC and others referred to below.

PLEASE ALSO INCLUDE TANK ID #

New Mexico's Petroleum Storage Tank Regulations are at 20.5 NMAC. You can look up different parts at https://www.srca.nm.gov/chapter-5-petroleum-storage-tanks/ or download the whole book here.

If you are unable to email required test results to PSTB.compliance@env.nm.gov, mail them to: Testing Results, PSTB, 2905 Rodeo Park Drive East, Building 1, Santa Fe, NM 87505.The Petroleum Storage Tank Regulations (20.5 NMAC) that were adopted by the Environmental Improvement Board on May 25, 2018 and effective July 24, 2018 require that most test result reports be sent to the Petroleum Storage Tank Bureau:

• Storage tank system owners and operators must provide the department all reports as required in 20.5.107 NMAC within 60 days of completion of the tests (20.5.107.715.B NMAC). Owners and operators must report any failed tests or inspections to the department within 24 hours of completion of the test or inspection in accordance with 20.5.118 NMAC (20.5.107.715.C NMAC). 20.5.107.715.D NMAC lists what must be included in the reports. Similar requirements are outlined in 20.5.108.816 NMAC, 20.5.110.1016 NMAC, and 20.5.111.1112 NMAC.
• Failing or abnormal results of ANY test or monitoring result, including investigation of an alarm, are signs of a suspected release, and owners, installers, junior installers, and testers must report these within 24 hours both by sending them to PSTB.Compliance@env.nm.gov with a cc to the PSTB inspector AND by contacting the Leak of the Week listed here: https://cloud.env.nm.gov/waste/pages/download.php?direct=1&ref=13965&size=&ext=pdf or by calling (505) 827-9329 outside of state business hours if it's an emergency. Owners and operators must also investigate these suspected releases within seven (7) days of discovery and conduct appropriate testing, site check, etc. (20.5.118.1801 NMAC).
• Unless an owner or operator shows within 30 days that a release that was reported as a suspected release is not a release, it will be treated as a confirmed release, and you must comply with 20.5.118 NMAC and 20.5.119 or 120 NMAC, including taking corrective action, for confirmed releases.

Other requirements pertaining to testing of tanks include:

• A qualified tester must perform the first test or inspection of existing spill and overfill prevention equipment and interstitial monitoring containment sumps by July 24, 2021. (5.105 NMAC; 20.5.106.613 NMAC, 20.5.107.704, 707, & 714 NMAC, 20.5.108.811 & 813 NMAC, 20.5.109.910 NMAC, 20.5.110.1005 & 1015 NMAC).
• If you have a UST and/or piping that uses ATG (automatic tank gauging)(only allowed on USTs and/or piping installed before April 4, 2008), a qualified tester must test it at least annually by July 24, 2021 . (20.5.105 NMAC; 20.5.108.805 NMAC, 20.5.108.815 & 816 NMAC).

Helpful brochures to explain many requirements of the regulations are available at: https://www.env.nm.gov/petroleum_storage_tank/guidance-documents-ast-and-ust/