reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 113 - UNDERGROUND STORAGE TANK EMERGENCY GENERATOR SYSTEMS › Section 20.5.113.1303 - RELEASE DETECTION REQUIREMENTS FOR UST EMERGENCY GENERATOR SYSTEMS INSTALLED PRIOR TO JULY 24, 2018

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of UST emergency generator systems
				  installed prior to the effective date of these regulations shall meet all of
				  the requirements in this section in addition to all of the applicable
				  requirements in 20.5.108 NMAC.
A.
				Owners and operators of UST emergency generator systems shall implement a
				method, or combination of methods, no later than three years after the
				effective date of these regulations that monitors underground storage tanks
				every 30 days for releases.
B.
				Owners and operators of UST emergency generator systems shall provide a method,
				or combination of methods, of release detection for underground piping no later
				than three years after the effective date of these regulations. The method, or
				combination of methods, shall follow 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 comply with the requirements for release detection for
				underground piping as follows:
(1) Owners and
				operators of UST emergency generator systems with piping that conveys a
				regulated substance under pressure shall use automatic line leak detectors for
				emergency generators that alert the operator to the presence of a leak by
				activating a visual and audible alarm when a leak is detected and that meet the
				requirements of 20.5.108.810 NMAC, except:
(a) Automatic line leak detectors for
				emergency generators shall not be required to restrict or shut off the flow of
				regulated substances.
(b) Sensors
				used to meet the interstitial monitoring requirements shall not be required to
				automatically shut off the submersible turbine pump when a liquid is detected
				in the interstice of the piping or in containment sumps. Sensors used for
				interstitial monitoring shall activate an external audible and visual alarm
				when liquid is detected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 113 - UNDERGROUND STORAGE TANK EMERGENCY GENERATOR SYSTEMS › Section 20.5.113.1304 - RELEASE DETECTION REQUIREMENTS FOR UST EMERGENCY GENERATOR SYSTEMS INSTALLED OR MODIFIED ON, OR AFTER JULY 24, 2018

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of UST emergency generator systems
				  installed on or after the effective date of these regulations shall meet all of
				  the requirements in this section in addition to all of the applicable
				  requirements in 20.5.106 NMAC upon installation.
A. Owners and operators of UST emergency
				generator systems installed or modified on or after the effective date of these
				regulations shall use interstitial monitoring in accordance with 20.5.108.810
				NMAC to meet the requirements for monthly monitoring.
B. Owners and operators of UST emergency
				generator systems where the piping is installed or replaced on or after the
				effective date of these regulations, and the piping conveys a regulated
				substance under pressure shall use interstitial monitoring and automatic line
				leak detectors that alert the operator to the presence of a leak by activating
				an external audible and visual alarm when liquid is detected. Owners and
				operators of UST emergency generator systems shall meet the requirements of
				20.5.108.811 NMAC, except:
(1) Automatic line
				leak detectors for UST emergency generator systems shall not be required to
				restrict or shut off the flow of regulated substances; and
(2) Sensors used to meet the interstitial
				monitoring requirements for UST emergency generator systems shall not be
				required to automatically shut off the flow of product when liquid is detected
				in the interstice of the piping or in containment sumps. Sensors used for
				interstitial monitoring shall activate a secondary audible and visual alarm
				when liquid is detected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 113 - UNDERGROUND STORAGE TANK EMERGENCY GENERATOR SYSTEMS › Section 20.5.113.1305 - CERTIFIED INSTALLERS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of underground storage tank emergency
				  generator systems shall meet the requirements for certified installers in
				  20.5.105 NMAC in addition to all of the applicable requirements in the rest of
				  20.5 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 113 - UNDERGROUND STORAGE TANK EMERGENCY GENERATOR SYSTEMS › Section 20.5.113.1306 - ALTERNATE METHODS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If owners
				and operators want to install UST emergency generator systems to meet
				requirements in this part or want to install release detection equipment for
				tanks or piping installed prior to the effective date of these regulations 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 113 - UNDERGROUND STORAGE TANK EMERGENCY GENERATOR SYSTEMS › Section 20.5.113.1307 - RECORDKEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of underground storage tank emergency
				  generator systems shall meet the requirements for recordkeeping in this part in
				  addition to all of the applicable requirements in 20.5.107 NMAC and 20.5.108
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 113 - UNDERGROUND STORAGE TANK EMERGENCY GENERATOR SYSTEMS › Section 20.5.113.1308 - REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of underground storage tank emergency
				  generator systems shall meet the requirements for reporting in this part in
				  addition to all of the applicable requirements in 20.5.107.715 NMAC and
				  20.5.108.816 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Environmental Improvement Board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of airport hydrant
				  fuel distribution systems, UST systems with field-constructed tanks, and hybrid
				  storage tank systems as provided in 20.5.101 NMAC. If the owner and operator of
				  an airport hydrant fuel distribution system, UST system with field-constructed
				  tanks, or hybrid storage tank system 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 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.3 - 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 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.5 - 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 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 20.5.114 NMAC is to ensure that airport
				  hydrant fuel distribution systems, UST systems with field-constructed tanks,
				  and hybrid storage tank systems are installed, modified, repaired, operated,
				  and maintained to minimize releases from storage tank systems, to ensure that
				  releases are detected early to minimize potential harmful resulting effects,
				  and to regulate storage tank systems in order 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 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.7 - 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 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.8 to 20.5.114.1399 - RESERVED

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1400 - GENERAL REQUIREMENTS FOR AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators of airport hydrant fuel distribution systems, field-constructed
				tanks, and hybrid storage tank systems shall comply with the requirements of
				20.5.114 NMAC in addition to all the applicable requirements in the rest of
				20.5 NMAC.
B. Owners and operators
				of USTs that are part of an airport hydrant fuel distribution system shall
				comply with the registration requirements in 20.5.102 NMAC no later than three
				years after the effective date of the regulations.
C. Owners and operators of USTs with
				field-constructed tanks shall comply with the registration requirements in
				20.5.102 NMAC no later than three years after the effective date of the
				regulations.
D. Owners and
				operators of ASTs and USTs that are part of hybrid storage tank systems shall
				comply with the registration requirements in 20.5.102 NMAC no later than three
				years after the effective date of the regulations.
E. Owners and operators of airport hydrant
				fuel distribution systems, field-constructed tanks, and hybrid storage tank
				systems shall comply with the following requirements on the effective date of
				the regulations:
(1) release reporting
				requirements in 20.5.118 NMAC;
(2)
				corrective action requirements in 20.5.119 through 20.5.123 NMAC;
(3) closure requirements in 20.5.115
				NMAC;
(4) financial responsibility
				requirements in 20.5.117 NMAC; and
(5) lender liability requirements in 20.5.124
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1401 - UPGRADE REQUIREMENTS FOR EXISTING AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
No later than three years after the effective date of the
				  regulations, all airport hydrant fuel distribution systems, UST systems with
				  field-constructed tanks, and hybrid storage tank systems installed prior to the
				  effective date of these regulations shall comply with the following
				  requirements:
A. Above ground storage
				tank systems. Tanks greater than 10 years old without cathodic protection must
				be assessed to ensure the tank is structurally sound and free of corrosion
				holes prior to adding cathodic protection. The assessment must be by internal
				inspection or another method determined by the department to adequately assess
				the tank for structural soundness and corrosion holes. AST systems or system
				components found to be structurally unsound or to have corrosion holes or
				damage shall be replaced in accordance with the requirements for a new AST
				system in 20.5.109 NMAC or permanently closed in accordance with 20.5.115 NMAC.
				AST systems shall be protected from corrosion in accordance with 20.5.109 NMAC
				and 20.5.110 NMAC and shall comply with spill and overfill prevention equipment
				requirements in accordance with 20.5.109 NMAC and 20.5.110 NMAC.
B. Underground storage tank systems. UST
				system components in contact with an electrolyte and that routinely contain
				regulated substances shall meet one of the following:
(1) be constructed of a non-corrodible
				material or steel clad with a non-corrodible material that meets the
				performance standards in 20.5.106.603 NMAC and 20.5.106.609 NMAC; or
(2) be constructed of metal and cathodically
				protected in accordance with the requirements in 20.5.106 NMAC, 20.5.107 NMAC,
				and in accordance with a code of practice developed by a nationally recognized
				association or independent testing laboratory and meet the following:
(a) Tanks greater than 10 years old without
				cathodic protection must be assessed to ensure the tank is structurally sound
				and free of corrosion holes prior to adding cathodic protection. The assessment
				must be by internal inspection or another method determined by the department
				to adequately assess the tank for structural soundness and corrosion
				holes.
(b) Existing steel tanks
				shall comply with the upgrade requirements in 20.5.106.607 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1402 - ADDITIONAL REQUIREMENTS FOR HYBRID STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators of hybrid storage
				tank systems shall, no later than one year after the effective date of these
				regulations, install redundant automatic shut off and manual override equipment
				on the piping transferring a regulated substance from the AST to the UST in
				order to prevent overfills.
B.
				Owners and operators of existing hybrid storage tank systems who replace the
				underground piping on or after the effective date of these regulations shall
				install double walled piping including but not limited to the underground
				remote fill piping. Containment sumps shall be installed at both ends of the
				underground piping. The new underground piping shall be interstitially
				monitored monthly in accordance with 20.5.108.811 NMAC or 20.5.8.813 NMAC as
				applicable upon installation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1403 - NEW AIRPORT HYDRANT SYSTEMS, UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners
				and operators of airport hydrant systems and field-constructed USTs installed
				after the effective date of the regulations shall comply with all applicable
				parts of 20.5 NMAC upon installation.
B. Airport hydrant systems shall not be
				required to meet secondary containment requirements for piping.
C. UST systems with field-constructed tanks
				with a tank capacity greater than 50,000 gallons shall not be required to meet
				secondary containment requirements for piping.
D. Owners and operators shall not install
				hybrid storage tank systems after the effective date of these
				regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1404 - OPERATION AND MAINTENANCE OF AIRPORT HYDRANT SYSTEMS, USTS WITH FIELD-CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall comply with the requirements in
				  20.5.107 NMAC and 20.5.110 NMAC no later than three years after the effective
				  date of these regulations for existing systems and upon installation for new
				  systems. In addition to the monthly inspection requirements in 20.5.107.707
				  NMAC, owners and operators must inspect the following additional areas for
				  airport hydrant systems at least once every 30 days if confined space entry per
				  the occupational safety and health administration (see 29 CFR part 1910) is not
				  required or at least annually if confined space entry is required and keep
				  documentation of the inspection per 20.5.107.714 NMAC
A. Hydrant pits--visually check for any
				damage; remove any liquid or debris; and check for any leaks, and
B. Hydrant piping vaults--check for any
				hydrant piping leaks.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1405 - OPERATOR TRAINING REQUIREMENTS FOR AIRPORT HYDRANT SYSTEMS, UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall comply with the requirements in
				  20.5.104 NMAC no later than three years after the effective date of these
				  regulations for existing systems and upon installation for new
				  systems.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1406 - DEADLINE FOR IMPLEMENTATION OF RELEASE DETECTION

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of existing airport hydrant fuel
				  distribution systems, UST systems with field-constructed tanks, and hybrid
				  storage tank systems shall meet release detection requirements described in
				  this part no later than three years after the effective date of these
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1407 - METHODS OF RELEASE DETECTION FOR UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators of field-constructed tanks with a capacity less than or equal to
				50,000 gallons shall meet the release detection requirements in 20.5.108
				NMAC.
B. Owners and operators of
				field-constructed tanks with a capacity greater than 50,000 gallons shall meet
				either the requirements in 20.5.108 NMAC (except 20.5.108.806 NMAC and
				20.5.108.807 NMAC shall be combined with inventory control as stated below) or
				use one or a combination of the following alternative methods of release
				detection:
(1) conduct an annual tank
				tightness test that can detect a 0.5 gallon per hour leak rate;
(2) use an automatic tank gauging system that
				can detect a leak rate less than or equal to one gallon per hour to perform
				release detection at least every 30 days. This method shall be combined with a
				tank tightness test that can detect a 0.2 gallon per hour leak rate that is
				performed at least every three years;
(3) use an automatic tank gauging system that
				can detect a leak rate less than or equal to two gallons per hour to perform
				release detection at least every 30 days. This method shall be combined with a
				tank tightness test that can detect a 0.2 gallon per hour leak rate that is
				performed at least every two years;
(4) perform vapor monitoring (conducted in
				accordance with 20.5.108.806 NMAC for a tracer compound placed in the storage
				tank system) capable of detecting a 0.1 gallon per hour leak rate at least
				every two years;
(5) perform
				inventory control (conducted in accordance with department of defense
Directive 4140.25-M; ATA Airport Fuel Facility Operations and
				Maintenance Guidance Manual
; or equivalent procedures) at least every
				30 days that can detect a leak equal to or less than 0.5 percent of
				flow-through; and
(a) perform a tank tightness
				test that can detect a 0.5 gallon per hour leak rate at least every two years;
				or
(b) perform vapor monitoring or
				groundwater monitoring (conducted in accordance with 20.5.108.806 NMAC and
				20.5.108.807 NMAC, respectively, for the stored regulated substance) at least
				every 30 days.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1409 - RELEASE REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall report any suspected or confirmed
				  releases to the department in accordance with the requirements in 20.5.118
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1410 - CLOSURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of airport hydrant fuel distribution
				  systems, UST systems with field-constructed tanks, and hybrid storage tank
				  systems shall comply with closure requirements in 20.5.115 NMAC for temporary
				  closure, return to service, and permanent closures.
A. Owners and operators of hybrid storage
				tank systems shall permanently close any above ground storage tanks in
				accordance with the requirements in 20.5.115.1502 NMAC within 12 months of
				placing them in temporary closure. Once owners and operators have placed the
				above ground storage tanks into temporary closure they can no longer return
				them to service.
B. Owners and
				operators shall use the
Unified Facilities Criteria (UFC) 3-460-01,
				"Design: Petroleum Fuel Facilities"
to comply with the requirements in
				this section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1411 - APPLICABILITY OF CLOSURE REQUIREMENTS TO PREVIOUSLY CLOSED STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
When directed by the department, the owner and operator of an
				  UST system with field-constructed tanks, airport hydrant system, or hybrid
				  storage tank system permanently closed before the effective date of these
				  regulations must assess the excavation zone and close the storage tank system
				  in accordance with 20.5.115 NMAC if releases from the storage tank system may,
				  in the judgment of the department, pose a current or potential threat to human
				  health and the environment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1412 - ALTERNATE METHOD REQUEST

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of airport hydrant fuel distribution
				  systems and UST systems with field-constructed tanks shall comply with either
				  20.5.106.617 NMAC, 20.5.107.713 NMAC, 20.5.109.920 NMAC, and 20.5.110.1014 NMAC
				  when submitting an alternate methods request.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1413 - RECORDKEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall maintain records, including
				  release detection records, according to the recordkeeping requirements in
				  20.5.107.714 NMAC, 20.5.108.815 NMAC, 20.5.110.1015 NMAC and 20.5.111.1111
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 114 - AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS, UST SYSTEMS WITH FIELD- CONSTRUCTED TANKS, AND HYBRID STORAGE TANK SYSTEMS › Section 20.5.114.1414 - REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall meet the reporting requirements
				  in 20.5.107.715 NMAC, 20.5.108.816 NMAC, 20.5.110.1016 and 20.5.111.1112
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of 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. Owners and operators of
				  airport hydrant systems, field-constructed tanks, and hybrid storage tank
				  systems shall follow the requirements for temporary closure and return to
				  service requirements in 20.5.114 NMAC in addition to the requirements in this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.3 - 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
				  74-1-16
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.5 - 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 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 20.5.115 NMAC is to regulate storage tank
				  systems to protect the public health, safety and welfare and the environment of
				  the state, and to provide safe and effective closure requirements for
				  out-of-service systems.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.7 - 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 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.1500 - REQUIRED NOTIFICATION PRIOR TO TEMPORARY OR PERMANENT CLOSURE, RETURN TO SERVICE, REMOVAL, OR CHANGE IN SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice required.
(1) At least 30 days before beginning either
				permanent closure, temporary closure, return to service, change in service, or
				removal of a tank pursuant to this part, or within another reasonable time
				period if approved in advance by the department, owners and operators shall
				notify the department in writing of their intent to remove, close or make the
				return to or change in service, unless such action is in response to corrective
				action.
(2) If owners and operators
				do not notify the department that a tank is out of service, the tank shall be
				considered to be in service for the purpose of these regulations.
(3) Additionally, owners and operators shall
				notify the department in writing at least 30 days prior to placing any
				regulated substance into a tank that has been in temporary or permanent
				closure, or before a return to service.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.1501 - TEMPORARY CLOSURE AND RETURN TO SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a storage tank system is in temporary
				closure and the tank contains greater than one inch or 0.3 percent by weight of
				the total capacity of the storage tank system of a regulated substance, owners
				and operators shall:
(1) continue to operate,
				maintain, and monitor corrosion protection systems in accordance with 20.5.107
				NMAC and 20.5.110 NMAC;
(2)
				continue to maintain financial responsibility in accordance with 20.5.117
				NMAC;
(3) continue to meet the
				requirements for operator training in 20.5.104 NMAC;
(4) continue to meet operation and
				maintenance requirements for secondary containment, spill prevention equipment,
				overfill prevention equipment, and release detection, in accordance with
				20.5.107 NMAC and 20.5.110 NMAC;
(5) continue to meet release detection
				requirements in 20.5.108 NMAC and 20.5.111 NMAC;
(6) continue to meet piping release detection
				requirements in 20.5.108 NMAC or 20.5.111 NMAC until the piping is purged of
				regulated substances and capped; and
(7) continue to comply with 20.5.118 NMAC,
				20.5.119 NMAC, and 20.5.120 NMAC if a release is suspected or
				confirmed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.1502 - PERMANENT CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. To
				permanently close a tank, owners and operators shall empty and clean it by
				removing all liquids, accumulated sludges, and vapors. Owners and operators
				shall properly dispose of any liquids and sludge removed from a storage tank.
(1) Owners and operators shall either remove
				from the ground all USTs closed permanently, fill them with an inert solid
				material or close in place in a manner approved by the department.
(2) Owners and operators shall perform the
				following closure operations on AST systems:
(a) ASTs being closed in place shall be
				rendered vapor free; owners and operators shall make provisions for adequate
				ventilation to ensure that the AST remains vapor free;
(b) vent lines shall remain open and shall be
				maintained in accordance with the current edition of a standard or code of
				practice developed by a nationally recognized association or independent
				testing laboratory, or manufacturer's recommendations;
(c) all access openings shall be secured,
				normally with spacers, to assist ventilation;
(d) ASTs shall be secured against tampering
				and flooding;
(e) the name of the
				product last stored, the date of permanent closure and "PERMANENTLY CLOSED"
				shall be stenciled in a readily visible location on each AST;
(f) piping shall be removed or closed in
				place; if closed in place, piping shall be disconnected from ASTs, rendered
				vapor free, and filled with inert material, capped or blind flanged; owners and
				operators seeking to close piping in place shall propose a closure plan for the
				piping in writing to the department at least 30 days prior to closure; the
				department may approve the plan on a case-by-case basis, after considering the
				extent and depth of piping, the proximity of the piping to buildings, the
				extent of pavement at the facility, and other factors raised by owners and
				operators; if the department does not approve a closure plan, owners and
				operators shall remove the piping; and
(g) owners and operators shall dismantle or
				remove AST systems and secondary containment to the extent needed to conduct
				the site assessment required in 20.5.115.1504 NMAC.
(3) For mobile AST systems, owners and
				operators shall perform all of the closure requirements in Paragraph (2) of
				this subsection, except they need not perform the requirements of Subparagraph
				(e) of Paragraph (2) of this subsection. Owners and operators shall remove or
				cap piping when permanently closing a mobile AST. Owners and operators shall
				perform a site assessment that complies with the requirements of 20.5.115.1504
				NMAC before permanent closure of any permanently installed mobile tank is
				completed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.1503 - CHANGES IN SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Continued
				use of a storage tank system to store a non-regulated substance is a change in
				service.
B. Owners and operators
				shall notify the department in compliance with 20.5.115.1500 NMAC of any change
				in service, and any change in location of AST systems that are operational and
				registered pursuant to 20.5.102 NMAC.
C. Before a change in service, owners and
				operators shall empty and clean the tank by removing all liquid and accumulated
				sludge, and shall properly dispose of any liquids and sludge removed from a
				storage tank. Owners and operators shall also conduct a site assessment meeting
				the requirements of 20.5.115.1504 NMAC. The current edition of the following
				cleaning and closure procedures shall be used as applicable to comply with the
				requirements of this section:
(1)
American Petroleum Institute Publication RP 1604, "Closure of
				Underground Petroleum Storage Tanks"
;
(2)
American Petroleum Institute
				Standard 2015, "Requirements for Safe Entry and Cleaning of Petroleum Storage
				Tanks"
;
(3)
American Petroleum Institute Publication RP 2016, "Guidelines and
				Procedures for Entering and Cleaning Petroleum Storage
				Tanks"
;
(4)
American Petroleum Institute Publication 2202, "Guidelines for
				Protecting Against Lead Hazards when Dismantling and Disposing of Steel from
				Tanks that have Contained Leaded Gasoline"
;
(5)
American Petroleum Institute
				Publication RP 1631, "Interior Lining and Periodic Inspections of Underground
				Storage Tanks"
; or
(6)
The National Institute for Occupational Safety and Health "Criteria for
				a Recommended Standard: Working in Confined Space"
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.1504 - ASSESSING THE SITE AT CLOSURE OR CHANGE IN SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before permanent closure or a change in
				service is completed, owners and operators shall measure for the presence of a
				release where contamination is most likely to be present at the storage tank
				site.
(1) In selecting sample types, sample
				locations, and measurement methods, the bureau shall consider the method of
				closure, the nature of the stored regulated substance, the type of backfill for
				any USTs, the depth to groundwater, and other factors appropriate for
				identifying the presence of a release. Examples of sample locations may include
				but are not limited to piping junctions, under dispensers and under storage
				tanks.
(2) A bureau inspector may
				waive the requirement for soil sampling when an AST is closed or may require
				alternate tests for the presence of a release, based on site specific
				conditions that demonstrate equivalent environmental protection. For example,
				at a site where an AST has been operated for less than 10 years with impervious
				secondary containment, the inspector may waive soil sampling as the secondary
				containment would have effectively prevented any release outside the
				containment. The bureau may require soil sampling or a site assessment at a
				later date if site-specific circumstances indicate that a release may have
				occurred.
(3) The requirements of
				this section are satisfied if one of the external release detection methods
				allowed in 20.5.108.806 NMAC and 20.5.108.807 NMAC is operating in accordance
				with the requirements in 20.5.108 NMAC at the time of closure, and indicates no
				release has occurred.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.1505 - APPLICABILITY TO PREVIOUSLY CLOSED STORAGE TANK SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When directed by the department, owners
				and operators of UST systems permanently closed before December 22, 1988, shall
				assess the excavation zone and close the UST systems in accordance with this
				part if releases from the UST system may, in the judgment of the department,
				pose a current or potential threat to public health, safety and welfare and the
				environment.
B. When directed by
				the department, owners and operators of AST systems permanently closed before
				August 15, 2003, shall assess the entire AST system area and close the AST
				systems in accordance with this part if releases from the AST system may, in
				the judgment of the department, pose a current or potential threat to public
				health, safety and welfare and the environment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE › Section 20.5.115.1506 - CLOSURE RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners
				and operators shall maintain records in accordance with 20.5.107 NMAC and
				20.5.110 NMAC that demonstrate compliance with all closure requirements of this
				part.
B. Owners and operators shall
				ensure that the results of the assessment required in 20.5.115.1504 NMAC are
				maintained in accordance with 20.5.107.714 NMAC and 20.5.110.1015 NMAC after
				completion of permanent closure or change in service in one of the following
				ways:
(1) by the owners and operators who
				took the storage tank system out of service;
(2) by the current owners and operators of
				the storage tank system site; or
(3) by mailing these records to the
				department if they cannot be maintained at the closed facility.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 116 - DELIVERY PROHIBITION › Section 20.5.116.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of storage tanks
				  and facilities holding petroleum and to product deliverers, as defined in
				  20.5.101 NMAC, who deliver petroleum, and to any person subject to the
				  provisions of 20.5 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 116 - DELIVERY PROHIBITION › Section 20.5.116.3 - 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; the Groundwater Protection Act, Sections
				  74-6B-1
				  through
				  74-6B-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 116 - DELIVERY PROHIBITION › Section 20.5.116.5 - 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 116 - DELIVERY PROHIBITION › Section 20.5.116.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to set forth the prohibitions for
				  the delivery, deposit, or acceptance of product at or to a storage tank or a
				  facility that has been determined by the department to be ineligible for such
				  delivery, deposit or acceptance, in order 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 116 - DELIVERY PROHIBITION › Section 20.5.116.1600 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be unlawful for any owner, operator or product
				  deliverer to deliver to, deposit into or accept a regulated substance at or to
				  a storage tank or a facility that has been identified by the department as
				  ineligible for product delivery, deposit or acceptance. It shall also be
				  unlawful for any person to remove, tamper with, destroy or damage a red tag or
				  certificate posted pursuant to this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 116 - DELIVERY PROHIBITION › Section 20.5.116.1601 - DELIVERY PROHIBITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Mandatory ineligibility. The department shall classify a storage tank as
				ineligible for delivery, deposit or acceptance of product if any of the
				following conditions exist at the storage tank, or shall classify a facility as
				ineligible for delivery or acceptance of product if any of the following
				conditions exist at every storage tank at the facility:
(1) required spill prevention equipment is
				not installed;
(2) required
				overfill protection equipment is not installed;
(3) required leak detection equipment is not
				installed; or
(4) required
				corrosion protection equipment is not installed, including required corrosion
				protection equipment for a buried metal flexible connector.