N.M. Admin. Code § 20.5.119.1913 - PETROLEUM VAPOR INTRUSION ASSESSMENT

A vapor intrusion assessment is intended to determine if vapor intrusion poses a threat to human health and the environment specifically within an overlying building or structure such that corrective action is required. Owners and operators shall comply with this section as required by the department if vapor intrusion poses or may pose a threat to human health or the environment. Owners and operators shall obtain written approval from the department before initiating the evaluation.

A. After the horizontal and vertical extent and magnitude of the soil contamination from the release has been fully characterized, and a threat or potential threat from petroleum vapors intrusion has been identified, owners and operators shall be required to perform a petroleum vapor intrusion assessment.

B. Owners and operators shall use the environmental protection agency (EPA) technical guide for addressing petroleum vapor intrusion at leaking underground storage tank sites or an equivalent assessment tool as approved by the department to comply with the requirements of this section:

C. If petroleum vapor intrusion has been demonstrated to be present, then the owner and operator shall perform vapor mitigation and corrective action if directed by the department.

D. Petroleum vapor intrusion assessment reports shall be submitted in accordance with 20.5.119.1933 NMAC and shall be maintained in accordance with 20.5.119.1932 NMAC.

Notes

N.M. Admin. Code § 20.5.119.1913

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018