reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.908 - PERFORMANCE STANDARDS FOR EXISTING AST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators of existing single
				walled AST systems (installed on or before July 1, 2001), must have complied
				with the following requirements:
(1) New AST
				performance standards in 20.5.109 NMAC by July 1, 2011;
(2) Upgrade requirements in Subsections C, D,
				and E of 20.5.109.908 NMAC by the deferred date of July 1, 2013; or
(3) Closure requirements in 20.5.115 NMAC by
				July 1, 2011.
(4) Any good faith
				upgrades to an AST system secondary containment made in compliance with this
				part prior to December 3, 2010 shall be deemed in compliance with this
				section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.909 - ABOVE GROUND STORAGE TANKS AT MARINAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators of AST systems at
				marinas shall install an automatic break-away device to shut off flow of fuel
				from on-shore piping, which shall be located at the connection of the on-shore
				piping and the piping leading to the dock. Owners and operators shall install
				another automatic break-away device to shut off flow of fuel located at any
				connection between flexible piping and hard piping on the dispenser system and
				dock. The automatic break-away devices shall be easily accessible, and their
				location shall be clearly marked.
B. Owners and operators of AST systems at
				marinas shall electrically isolate dock piping where excessive stray electrical
				currents are encountered.
C. Owners
				and operators of AST systems at marinas shall protect piping from stress due to
				tidal action.
D. Owners and
				operators of AST systems at marinas shall install spill catchment basins in
				addition to a system that will allow the level of regulated substance in the
				AST to be monitored during a delivery of fuel to the AST. Unless the AST system
				is equipped with an audible overfill alarm that will alert the transfer
				operator at ninety percent of capacity, and overfill protection which will shut
				off flow of product during a fuel delivery to the tank at ninety-five percent,
				owners and operators shall visually monitor the delivery of fuel.
E. Owners and operators shall use one or more
				of the following to comply with the requirements in this section:
(1)
Petroleum Equipment Institute
				Publication RP 1000, "Recommended Practices for the Installation of Marina
				Fueling Systems"
; or
(2)
National Fire Protection Association Standard 30A, "Code for Motor Fuel
				Dispensing Facilities and Repair Garages"
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.910 - SPILL AND OVERFILL PREVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as provided in Subsection B of this section, to prevent spilling and
				overfilling associated with transfers of regulated substances to above ground
				storage tank systems, owners and operators shall use the following spill and
				overfill prevention equipment:
(1) spill
				prevention equipment that will prevent release of regulated substances to the
				environment when the transfer hose is detached from the fill pipe (for example,
				a spill bucket); and
(2) overfill
				prevention equipment for ASTs that will:
(a)
				automatically shut off flow into the tank when the tank is no more than
				ninety-five percent full; or
(b)
				alert the transfer operator when the tank is no more than ninety percent full
				by restricting the flow into the tank or triggering a high-level audible and
				visual alarm.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.911 - VENTING FOR ABOVE GROUND STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall design and
				construct venting for all above ground storage tank systems, following the
				current edition of an industry standard or code of practice developed by a
				nationally recognized association or independent testing laboratory approved in
				advance by the department.
B.
				Normal atmospheric tank vents shall be located so that the discharge point is
				outside of buildings and higher than the fill pipe opening. Vent pipes shall be
				installed not less than 15 feet from power ventilation air intake devices and
				not less than five feet from a building opening. Vent outlets and devices shall
				be designed and installed to minimize blockage. Normal vent piping on AST
				systems installed after the effective date of these regulations shall not be
				used for any purpose other than venting the tank.
C. Types of vent pipes.
(1) Vent pipes that are provided for normal
				tank venting shall extend at least 12 feet above ground level.
(2) If attached to a structure, vent pipes
				shall extend at least five feet above the highest projection of the canopy or
				roof.
(3) Vent pipes for normal
				tank venting shall be of appropriate size for the capacity and operating
				conditions of the tank.
(4)
				Emergency vents shall be of appropriate size for the capacity of the AST and
				shall be installed on the primary tank and on the interstice of all
				double-walled tanks.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.912 - VAULTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators shall provide project drawings for and install new AST systems which
				include vaults in accordance with the following requirements:
(1) A vault must completely enclose each
				tank, with no openings in the vault enclosure except those necessary for access
				to, inspection of, and filling, emptying, and venting of the tank. Each tank
				shall be enclosed in its own vault, although adjacent vaults may share a common
				wall. However, for good cause shown, the department, in its sole discretion,
				may grant a variance from the one-tank-one-vault requirement, for existing
				tanks only, if owners and operators demonstrate that the variance will provide
				equivalent protection of health, safety and welfare and the
				environment.
(2) Every vault shall
				be liquid tight or sealed with no backfill around the tank. If a vault is
				constructed of concrete, owners and operators shall ensure it meets the
				requirements of Subsection B of 20.5.109.904 NMAC.
(3) There shall be adequate space between the
				tank and the vault for inspection of the tanks and its appurtenances.
(4) Above-grade vaults shall be resistant to
				damage from the impact of a motor vehicle, or suitable collision barriers shall
				be installed.
(5) A vault shall
				include connections to permit venting of each vault to dilute, disperse, and
				remove any vapors prior to personnel entering the vault.
(6) A vault shall be equipped with a
				detection system capable of detecting liquids, including water, and capable of
				activating an audible alarm.
(7) A
				vault shall include a means for recovering liquid from the vault.
(a) If a pump is used to meet this
				requirement, it shall not be permanently installed in the vault.
(b) Electric-powered portable pumps shall
				meet the requirements of the current edition of an industry standard or code of
				practice developed by a nationally recognized association or independent
				testing laboratory approved in advance by the department.
(c)
National Fire Protection
				Association Standard 70, "National Electrical Code"
shall be used to
				comply with the requirements of this paragraph.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.913 - GENERAL PERFORMANCE STANDARDS FOR PIPING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall properly design
				and construct new piping, provide project drawings, initially test piping, and
				ensure that any steel portion of piping that routinely contains regulated
				substances and is in contact with an electrolyte, such as soil or water, shall
				be protected from corrosion, in accordance with the current edition of an
				industry standard or code of practice developed by a nationally recognized
				association or independent testing laboratory approved in advance by the
				department. Owners and operators shall use one or more of the following to
				comply with the requirements of this section:
(1) third party certification from a
				nationally recognized laboratory;
(2)
American Society of Mechanical
				Engineering Standard B31.3, "Process Piping"
;
(3)
American Society of Testing and
				Materials A53, "Standard Specification for Pipe, Steel, Black and Hot-Dipped,
				Zinc-Coated, Welded and Seamless";
(4)
American Society of Testing and
				Materials A106, "Standard Specification for Seamless Carbon Steel Pipe for
				High-Temperature Service"
; or
(5)
American Society of Testing and
				Materials A135, "Standard Specification for Electric-Resistance-Welded Steel
				Pipe"
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.914 - PERFORMANCE STANDARDS FOR PIPING CONSTRUCTED OF NON-CORRODIBLE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. If owners and
				operators construct or operate piping of fiberglass-reinforced plastic or
				flexible piping, the piping shall:
(1) be
				completely underground;
(2) be
				within secondary containment that includes a release detection system that
				meets the requirements of 20.5.111 NMAC;
(3) have a suitable cover approved by the
				piping manufacturer; or
(4) have
				equivalent protection approved by the piping manufacturer and approved by the
				department prior to installation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.915 - PERFORMANCE STANDARDS FOR STEEL PIPING FOR AST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
If owners and operators construct or operate piping of steel
				  for an AST system, owners and operators shall properly design and construct and
				  provide project drawings for piping that routinely contains regulated
				  substances in accordance with the current edition of an industry standard or
				  code of practice developed by a nationally recognized association or
				  independent testing laboratory approved in advance by the department. Owners
				  and operators shall install all piping in accordance with the piping
				  manufacturer's recommendations.
A.
				Steel piping for ASTs shall be coated with a suitable material approved by the
				piping manufacturer and shall be either:
(1)
				totally above the ground with all surfaces visible; or
(2) entirely contained in secondary
				containment that complies with the requirements of 20.5.109.916 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.916 - SECONDARY CONTAINMENT FOR AST PIPING

Current through Register Vol. 35, No. 13, July 16, 2024
To install new piping or replace existing piping in an AST
				  system, owners and operators shall only use piping that is:
A. double-walled in compliance with
				20.5.109.903 NMAC;
B. designed and
				constructed with secondary containment that meets the requirements of
				20.5.109.904 NMAC; or
C. steel
				piping that meets the requirements of 20.5.109.915 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.917 - SECONDARY CONTAINMENT FOR AST DISPENSERS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall install a containment sump
				  underneath each dispenser system associated with an AST, unless the dispenser
				  is located within secondary containment.
A. Owners and operators shall hydrostatically
				test the sump upon installation, in accordance with manufacturer's
				recommendations.
B. The following
				may be used to comply with this containment sump requirement: dispenser liners,
				under-dispenser containment, dispenser pans, and dispenser sump
				liners.
C. Under-dispenser
				containment sumps shall be either listed in accordance with an industry
				standard or code of practice developed by a nationally recognized association
				or independent testing laboratory for use with flammable and combustible
				liquids or approved prior to installation by the department in accordance with
				the alternate methods requirements in 20.5.109.920 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.918 - LOADING RACKS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators shall design, construct and install loading racks following the
				current edition of an industry standard or code of practice developed by a
				nationally recognized association or independent testing laboratory approved in
				advance by the department. Owners and operators shall use one or more of the
				following to comply with the requirements of this section:
(1)
American Petroleum Institute
				Standard 2610, "Design, Construction, Operation, Maintenance & Inspection
				of Terminal and Tank Facilities"
;
(2)
National Fire Protection
				Association Standard 30, "Flammable and Combustible Liquids
				Code"
;
(3)
International Code Council, "International Fire Code"
;
				or
(4)
Petroleum Equipment
				Institute RP 800, "Recommended Practices for Installation of Bulk Storage
				Plants"
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.919 - REQUIRED CERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Certification of compliance. All owners and operators of new above ground
				storage tank systems shall certify in the registration form required by
				20.5.102 NMAC compliance with the following requirements:
(1) installation of tanks and piping in
				20.5.109 NMAC;
(2) installation of
				cathodic protection of steel tanks and piping in 20.5.109.902 NMAC and
				Subsection D of 20.5.109.904 NMAC;
(3) financial responsibility under 20.5.117
				NMAC; and
(4) release detection in
				20.5.111 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.920 - ALTERNATE METHODS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If owners
				and operators want to install tanks, piping, storage tank systems, spill and
				overfill equipment, secondary containment, or any other requirement of this
				part with materials or methods that are not in accordance with the current
				edition of an industry standard or code of practice developed by a nationally
				recognized association or independent testing laboratory, owners and operators
				shall apply in writing to the department, shall provide supporting
				documentation, and shall not begin the installation unless and until the
				department approves the request in writing. At a minimum, the request for an
				alternate method shall contain the following:
(1) date the form is completed;
(2) facility name, facility ID number,
				address (with county) and telephone number;
(3) owner name, owner ID number, address and
				telephone number;
(4) citation to
				regulation for which alternate method or material (such as type of piping) is
				requested;
(5) brief description of
				the proposed alternate method or material;
(6) justification of proposed alternate
				method or material, including citation to a standard or code supporting its
				use, if available; and
(7)
				demonstration of its equivalent protection of public health, safety and welfare
				and the environment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of above ground
				  storage tanks as provided in 20.5.101 NMAC. If the owner and operator of a
				  storage tank are separate persons, only one person is required to comply with
				  the requirements of this part, including any notice and reporting requirements;
				  however, both parties are liable in the event of
				  noncompliance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the provisions of the
				  Hazardous Waste Act, Sections
				  74-4-1
				  through
				  74-4-14
				  NMSA 1978, and the general provisions of the Environmental Improvement Act,
				  Sections
				  74-1-1
				  through
				  74-1-17
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 24, 2018 unless a later date is indicated in the
				  bracketed history note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 20.5.110 NMAC is to ensure that the operation
				  and maintenance of above ground storage tanks will prevent releases and to
				  protect the public health, safety and welfare and the environment of the
				  state.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.5.101 NMAC apply to this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1000 - OPERATION AND MAINTENANCE OF ABOVE GROUND STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall properly maintain all tanks,
				  piping, secondary containment and other associated equipment required in
				  20.5.109 NMAC, and shall ensure that all tanks, piping, secondary containment
				  and other associated equipment for all storage tank systems are fully
				  operational at all times. Owners and operators shall notify the department in
				  accordance with 20.5.118 NMAC if a visual inspection, other inspection or
				  testing conducted in accordance with 20.5.110 NMAC or 20.5.111 NMAC indicates
				  that a release may have occurred.
A.
				Owners and operators shall visually inspect monthly an AST and all its
				components that are readily accessible to visual inspection.
B. Owners and operators shall maintain the
				exterior coating of an AST and ancillary equipment not in contact with soil in
				accordance with the current edition of an industry standard or code of practice
				developed by a nationally recognized association or independent testing
				laboratory approved in advance by the department. The following may be used to
				comply with this requirement:
(1)
Society
of Protective Coatings SSPC-PA 1, "Shop,
				Field, and Maintenance Painting of Steel"
;
(2)
Society of Protective Coatings,
				"The Inspection of Coatings and Linings: A Handbook of Basic Practice for
				Inspectors, Owners and Specifiers"
;
(3)
Society of Protective Coatings
				SSPC-PA Guide 4, "Guide to Maintenance Repainting with Oil Base or Alkyd
				Painting Systems"
; or
(4)
Society of Protective Coatings SSPC-PA Guide 5, "Guide to Maintenance
				Coating of Steel Structures in Atmospheric Service"
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1001 - OPERATIONS AND MAINTENANCE PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of all storage tank systems shall adopt
				  and implement a written operations and maintenance plan, which they shall keep
				  at the facility for the life of the storage tank system. Owners and operators
				  of unmanned storage tank systems may keep the operations and maintenance plan
				  at an alternate location as long as it is made readily available to the
				  department upon request. The operations and maintenance plan shall be as
				  specific as possible for each facility and shall include the piping and
				  ancillary equipment that routinely contains regulated substances, or controls
				  the flow of regulated substances. Owners and operators shall use, by reference,
				  operational and maintenance guidance from the current edition of an industry
				  standard or code of practice developed by a nationally recognized association
				  or independent testing laboratory. Owners and operators who reference a current
				  edition of an industry standard or code of practice shall maintain a copy of
				  the code or standard they reference. Owners and operators shall not implement
				  the plan until it has been approved by the department.
A. At a minimum, the operations and
				maintenance plan shall include the following:
(1) a detailed plan showing inspections,
				operations, testing and maintenance to be done on a daily, monthly, quarterly
				and annual basis; the plan shall include a description of how owners and
				operators properly dispose of regulated substances spilled at the facility, and
				any water or soil removed from any part of the storage tank system where there
				is any indication it might be or have been contaminated with a regulated
				substance;
(2) a description of
				periodic operation and maintenance walk-through inspections in accordance with
				20.5.110.1008 NMAC; and
(3)
				responses to emergency situations; this information shall be readily accessible
				at the facility; responses to emergency situations shall include the following:
(a) the location of equipment to be shut down
				during an emergency and how to safely perform these tasks;
(b) actions to be taken in the event of a
				fire, flooding, a spill, or a release of regulated substances;
(c) a site diagram; and
(d) a list of whom to notify or call during
				or after an emergency situation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1002 - OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF SECONDARY CONTAINMENT FOR ASTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators shall operate, maintain and repair secondary containment in
				accordance with the current edition of an industry standard or code of practice
				developed by a nationally recognized association or independent testing
				laboratory approved in advance by the department.
B. Owners and operators shall not store
				inside the secondary containment any material which is chemically reactive with
				the regulated substance stored in the AST system, or with the AST itself.
				Owners and operators shall not store any material in the secondary containment
				that reduces the capacity of the secondary containment below the requirements
				in 20.5.109.904 NMAC.
C. Owners and
				operators shall draw off any accumulation of liquid in the secondary
				containment, including all sumps, within one week of the accumulation, and
				shall remove any other debris that has accumulated inside the secondary
				containment. Owners and operators shall properly treat and dispose of any
				accumulated liquid with a visible sheen. If gravity drain valves are used to
				remove the accumulated liquid from the secondary containment, owners and
				operators shall keep all valves closed except during the process of draining
				the accumulated liquid.
D. In order
				to maintain the highest level of secondary containment in case of a discharge
				from, or an overfill of, an AST system, owners and operators shall keep the
				spill containment buckets, catchment basins, containment sumps, basin sumps,
				and piping trenches free of water, regulated substances and debris.
E. Owners and operators shall, in accordance
				with the current edition of an industry standard or code of practice developed
				by a nationally recognized association or independent testing laboratory
				approved in advance by the department:
(1)
				maintain, repair and replace any concrete secondary containment systems;
				and
(2) repair all significant
				cracks in the floors and walls of concrete secondary containment
				systems.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1003 - OPERATION, REPAIR, AND MAINTENANCE OF VAULTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators shall operate,
				maintain and repair the walls and floor of a vault in accordance with the
				current edition of an industry standard or code of practice developed by a
				nationally recognized association or independent testing laboratory approved in
				advance by the department. Owners and operators shall use one or more of the
				following to comply with the requirements of this section:
(1)
Society of Protective Coating and
				National Association of Corrosion Experts SSPC-TU2/NACE 6G197, "Design,
				Installation and Maintenance of Coating Systems for Concrete Used in Secondary
				Containment"
;
(2)
American Concrete Institute 224R, "Control of Cracking in Concrete
				Structures"
; or
(3)
American Concrete Institute, "Concrete Repair
				Manual"
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1004 - OPERATION, REPAIR, AND MAINTENANCE OF VENTING SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall operate, maintain and repair
				  venting systems in accordance with the current edition of an industry standard
				  or code of practice developed by a nationally recognized association or
				  independent testing laboratory approved in advance by the department. At least
				  monthly, owners and operators shall check emergency vents to ensure they are
				  operational. The following shall be used to comply with this requirement:
National Fire Protection Association Standard 91, "Standard for Exhaust
				  Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible
				  Particulate Solids"
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1005 - OPERATION AND MAINTENANCE OF SPILL AND OVERFILL PREVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall ensure that releases due to
				  spilling or overfilling do not occur.
A. Owners and operators shall ensure that the
				volume available in a tank is greater than the volume of product to be
				transferred to the tank before the transfer is made and that the transfer
				operation is monitored constantly to prevent overfilling and spilling. Owners
				and operators shall comply with the transfer procedures described in the
				current edition of an industry standard or code of practice developed by a
				nationally recognized association or independent testing laboratory approved in
				advance by the department. Owners and operators shall use one or more of the
				following to comply with this requirement:
(1)
National Fire Protection
				Association Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair
				Garages"
;
(2)
International Code Council, "International Fire
				Code"
;
(3)
Petroleum Equipment Institute Publication RP600, "Recommended Practices
				for Overfill Prevention for Shop-Fabricated Above Ground Tanks"
;
				or
(4)
American Petroleum
				Institute Standard 2350, "Overfill Protection for Storage Tanks in Petroleum
				Facilities"
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1006 - OPERATION AND MAINTENANCE OF CORROSION PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of metal storage tank systems with any
				  metal tank or piping with corrosion protection shall comply with the following
				  requirements to ensure that releases due to corrosion are prevented until the
				  storage tank system is permanently closed or undergoes a change in service
				  pursuant to 20.5.115 NMAC.
A. Owners
				and operators shall operate and maintain corrosion protection systems to
				continuously provide corrosion protection to all metal components of the system
				that routinely contain regulated substances and are in contact with an
				electrolyte, to include soil or water. Owners and operators shall operate and
				maintain corrosion protection systems in accordance with the current edition of
				an industry standard or code of practice developed by a nationally recognized
				association or independent testing laboratory approved in advance by the
				department. Owners and operators shall use one or more of the following to
				comply with the requirements of this section:
(1)
American Petroleum Institute
				Publication 651, "Cathodic Protection of Aboveground Petroleum Storage
				Tanks"
;
(2)
American Petroleum Institute Publication 652, "Linings of Aboveground
				Petroleum Storage Tank Bottoms"
;
(3)
American Petroleum Institute
				Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks
				and Piping Systems"
(4)
National Association of Corrosion Engineers Publication RP0193,
				"External Cathodic Protection of On-Grade Carbon Steel Storage Tank
				Bottoms"
;
(5)
National Association of Corrosion Engineers Publication SP0169,
				"Standard Practice for Control of External Corrosion on Underground or
				Submerged Metallic Piping Systems"
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1007 - OPERATION AND MAINTENANCE OF CONTAINMENT SUMPS FOR AST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators shall maintain all containment sumps (including but not limited to
				under dispenser sumps and transition sumps) and draw off liquid that has
				accumulated in the containment sumps within one week of the accumulation, and
				shall remove any other debris that has accumulated inside the containment
				sumps. Owners and operators shall properly treat and dispose of any accumulated
				liquid with a visible sheen, and the disposal shall be in accordance with all
				federal, state, and local statutes, ordinances, and regulations. If gravity
				drain valves are used to remove accumulated liquid from the containment sumps,
				owners and operators shall keep all valves closed except during the process of
				draining the accumulated liquid.
B.
				In order to maintain the highest level of secondary containment in case of a
				discharge from, or an overfill of, an AST system, owners and operators shall
				keep the containment sumps and basin sumps free of water, regulated substances,
				and debris.
C. Owners and operators
				shall maintain all containment sumps associated with interstitial monitoring of
				underground piping; the sumps shall be liquid tight and kept free of
				water.
D. Owners and operators of
				AST systems with single walled containment sumps associated with interstitial
				monitoring shall have the integrity of the sumps tested no later than three
				years after the effective date of these regulations, and every three years
				thereafter, in accordance with the following:
(1) Hydrostatic or other test methods shall
				be conducted to ensure the containment sumps are liquid tight including at all
				penetrations in accordance with one of the following:
(a) the equipment manufacturer's developed
				and published testing requirements;
(b)
Petroleum Equipment Institute RP
				1200, "Recommended Practices for the Testing and Verification of Spill,
				Overfill, Leak Detection, and Secondary Containment Equipment at UST
				Facilities"
; or
(c) the
				current edition of an industry standard or code of practice developed by a
				nationally recognized association or independent testing laboratory approved in
				advance by the department;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1008 - PERIODIC OPERATION AND MAINTENANCE WALK-THROUGH INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators shall conduct walk-through inspections that, at a minimum, check
				equipment as specified below:
(1) For spill
				and overfill prevention equipment, every 30 days (exception: spill prevention
				equipment at AST systems receiving deliveries at intervals greater than every
				30 days may be checked prior to each delivery):
(a) visually check all spill and overfill
				prevention equipment for damage;
(b) remove liquid or debris;
(c) check for and remove obstructions in the
				fill pipe;
(d) check the fill cap
				to make sure it is securely on the fill pipe; and
(e) for double walled spill prevention
				equipment with interstitial monitoring, check for liquid or a leak in the
				interstitial area; and
(f) check
				overfill prevention equipment for proper operation and determine whether
				maintenance is required.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1009 - COMPATIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall use a storage tank system made of
				  or lined with materials that are compatible with the substance stored in the
				  storage tank system.
A. Owners and
				operators must notify the department at least 30 days prior to changing the
				substance in any of their tanks to a regulated substance containing greater
				than ten percent ethanol, greater than twenty percent biodiesel, or any other
				regulated substance identified by the department.
B. In addition, owners and operators with
				storage tank systems storing these regulated substances must meet one of the
				following:
(1) demonstrate compatibility of
				the storage tank system (including the tank, piping, containment sumps, pumping
				equipment, release detection equipment, spill equipment, and overfill
				equipment). Owners and operators may demonstrate compatibility of the storage
				tank system by using one of the following options:
(a) certification or listing of storage tank
				system equipment or components by a nationally recognized, independent testing
				laboratory for use with the regulated substance stored; or
(b) equipment or component manufacturer
				approval. The manufacturer's approval must be in writing, include an
				affirmative statement of compatibility, specify the range of biofuel blends the
				equipment or component is compatible with, and be from the equipment or
				component manufacturer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1010 - REPAIRS, REPLACEMENTS AND MODIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of a storage tank system shall ensure
				  that repairs, replacements, and modifications will prevent releases due to
				  structural failure or corrosion as long as the storage tank system is used to
				  store regulated substances. Owners and operators shall remove all regulated
				  substances from a storage tank system when a release has been confirmed until
				  it is repaired or replaced in accordance with the requirements of this
				  section.
A. Determining whether
				repair, replacement or modification is necessary. Owners and operators shall
				determine whether a repair, replacement or modification to a storage tank
				system is necessary in consultation with a department inspector, after
				providing notice required by this part.
(1)
				If owners and operators are repairing, replacing or modifying piping of any
				kind that is connected to a storage tank, the determination shall be made
				during an on-site inspection that provides the inspector the opportunity to
				view the piping while it is exposed.
(2) If, during an on-site inspection, the
				inspector determines that:
(a) any steel
				piping connected to a tank indicates corrosion; or
(b) any non-corrodible piping connected to a
				tank shows signs of deterioration or failure,
(3) Then the owner and operator shall replace
				all piping connected to that tank, and shall inspect all other piping at the
				same facility that is made of the same material to determine its condition
				prior to returning the facility to operation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1011 - INSPECTIONS, MONITORING AND TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the purpose of enforcing the
				provisions of these regulations, all owners and operators of storage tanks
				shall, upon the request of the secretary or authorized department
				representatives, furnish information relating to such tanks, including tank
				equipment and contents, conduct monitoring or testing, and permit any
				department representative at all reasonable times to have access to, and to
				copy all records relating to such tanks. Owners and operators shall comply with
				all applicable and appropriate Occupational Health and Safety Act requirements,
				Sections
				50-9-1
				through
				50-9-25
				NMSA 1978, so that storage tanks may be safely inspected. For the purpose of
				enforcing these regulations, department officers, employees, or representatives
				are authorized to:
(1) enter at reasonable
				times any establishment or place where a storage tank is located;
(2) inspect the storage tank system and
				obtain samples of its contents;
(3)
				conduct monitoring or testing of the tanks, associated equipment, contents, or
				surrounding soils, air, surface water, or groundwater; and
(4) retrieve all data from any electronic
				release detection equipment or device.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1012 - REQUIRED NOTIFICATION PRIOR TO REPLACEMENT, REPAIR AND MODIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
To ensure that an inspector has an opportunity to be present
				  during the steps in procedures which are important to the prevention of
				  releases, owners, operators, and certified tank installers shall give the
				  department notice of the dates on which critical junctures in the replacement,
				  repair, and modification of the storage tank system are to take place. Notice
				  need not be provided for normal maintenance. The inspector may require that
				  critical junctures be performed from Monday through Friday during regular
				  business hours.
A. For replacements,
				modifications (including internal lining or changes to cathodic protection
				systems), and repairs, the term "critical junctures" means:
(1) completion of pouring a concrete pad or
				footings;
(2) completion of the
				excavation of existing piping;
(3)
				actual performance of the repair, lining, or modification;
(4) any time during the project in which
				components of piping are connected;
(5) any time during the project in which a
				tank, its associated piping, spill prevention equipment, or secondary
				containment sumps are tested; and
(6) any time during the project when overfill
				prevention equipment is inspected to ensure it meets the requirements in
				20.5.110.1005 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1013 - DEPARTMENT REVIEW AND APPROVAL OF PLANS, INSTALLATION, OPERATION, AND MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall view any inspection, review or
				  approval by the department as permission to proceed in accordance with all
				  applicable rules, codes and standards. Review and approval by the department
				  shall not relieve any owner, operator, or certified tank installer of his
				  responsibility for compliance. If the department overlooks any deficiencies or
				  violations in the course of plan review or inspection provided in 20.5 NMAC,
				  the department may later require correction and compliance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1014 - ALTERNATE METHODS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If owners
				and operators want to operate, maintain, replace, repair or modify any part of
				a storage tank system with materials or methods that are not in accordance with
				the current edition of an industry standard or code of practice developed by a
				nationally recognized association or independent testing laboratory, owners and
				operators shall apply in writing to the department, shall provide supporting
				documentation, and shall not begin to operate, maintain, replace, repair or
				modify the system, unless and until the department approves the request in
				writing. At a minimum, the request for an alternate method shall contain the
				following:
(1) date the form is
				completed;
(2) facility name,
				facility ID number, address (with county) and telephone number;
(3) owner name, owner ID number, address and
				telephone number;
(4) citation to
				regulation for which alternate method or material (such as type of piping) is
				requested;
(5) brief description of
				the proposed alternate method or material;
(6) justification of proposed alternate
				method or material, including citation to a standard or code supporting its
				use, if available; and
(7)
				demonstration of its equivalent protection of public health, safety and welfare
				and the environment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 110 - GENERAL OPERATING REQUIREMENTS FOR ABOVE GROUND STORAGE TANK SYSTEMS › Section 20.5.110.1015 - RECORD KEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners
				and operators shall maintain the following information for the life of the
				storage tank system:
(1) documentation of
				operation of corrosion protection equipment that demonstrates compliance with
				20.5.110.1006 NMAC;
(2)
				documentation of storage tank system repairs, replacements and modifications
				that demonstrate compliance with 20.5 NMAC;
(3) documentation of compliance with release
				detection requirements in accordance with 20.5.11 NMAC;
(4) inspection logs required by 20.5.110 NMAC
				and 20.5.111 NMAC;
(5) tank
				tightness, internal inspection and integrity test documents required by 20.5
				NMAC;
(6) any document approving
				any alternate method;
(7) spill and
				overfill prevention equipment testing/inspection records;
(8) containment sump testing
				records;
(9) documentation of
				compatibility for AST systems;
(10)
				documentation of compliance for spill and overfill prevention equipment and
				containment sumps used for interstitial monitoring of piping;
(11) documentation of periodic
				walkthroughs;
(12) documentation of
				operator training in accordance with 20.5.104 NMAC;
(13) the operation and maintenance plan and
				related documentation as required by 20.5.10.1001 NMAC; and
(14) any other record or written approval
				required in 20.5 NMAC.