reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 107 - GENERAL OPERATING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.107.715 - REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of a storage tank system shall
				  cooperate fully with inspections, monitoring and testing conducted by the
				  department, as well as requests for document submission, testing, and
				  monitoring by the owner or operator pursuant to Section 9005 of Subtitle I of
				  the federal Solid Waste Disposal Act, as amended.
A. Owners and operators shall provide the
				following information to the department:
(1)
				registration for all storage tank systems in accordance with 20.5.102 NMAC,
				which includes certification of installation for new UST systems in accordance
				with Subsection C of 20.5.106.616 NMAC;
(2) reports of all releases in accordance
				with 20.5.102 NMAC and the requirements in 20.5.118 NMAC for reporting
				suspected releases, spills and overfills and confirmed releases;
(3) corrective actions planned or taken as
				required by 20.5.119 NMAC and 20.5.120 NMAC;
(4) notification before storage tank system
				installation, replacement, repair or modification in accordance with 20.5.106
				NMAC and 20.5.107 NMAC; notification when any person assumes ownership of a
				storage tank system in accordance with 20.5.102 NMAC and notification before
				permanent closure or change in service in accordance with 20.5.115 NMAC; it may
				not be feasible for owners and operators to provide advance notice of emergency
				repairs; however, owners and operators shall provide notice of emergency
				repairs as soon as possible after completing emergency repairs;
(5) notification prior to storage tank
				systems changing to certain regulated substances in accordance with Subsection
				A of 20.5.107.708 NMAC; and
(6)
				updated project drawings for any addition, replacement or modification of a
				storage tank system;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to owners and operators of underground
				  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 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.3 - 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 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.5 - 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 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 20.5.108 NMAC is to ensure that releases from
				  underground storage tanks are detected early to minimize potential harmful
				  resulting effects, and to regulate underground 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 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.7 - 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 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.800 - GENERAL RELEASE DETECTION REQUIREMENTS FOR UST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of all UST systems shall comply with the
				  following:
A. Owners and operators of
				UST systems shall provide a method or combination of methods of release
				detection that:
(1) can detect a release from
				any portion of the tank, connected piping and ancillary equipment that
				routinely contains a regulated substance;
(2) is installed and calibrated in accordance
				with the manufacturer's instructions;
(3) is operated and maintained in accordance
				with one of the following, beginning on the effective date of these
				regulations:
(a) manufacturer's
				instructions;
(b) 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; or
(c) requirements
				determined by the implementing agency to be no less protective of human health
				and the environment than Paragraph (1) and (2) of this subsection.
(4) has electronic and mechanical
				components that are tested to ensure proper operation;
(5) with the exceptions of inventory control
				in 20.5.108.802 NMAC and manual tank gauging in 20.5.108.803 NMAC, meets the
				performance requirements in 20.5.108 NMAC in accordance with a third party
				certified method as listed by the national work group on leak detection
				evaluations; and
(6) is capable of
				detecting the leak rate or quantity specified for that method in 20.5.108 NMAC
				with a probability of detection of 0.95 and a probability of false alarm of
				0.05.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.801 - REQUIREMENTS FOR HAZARDOUS SUBSTANCE UST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators of hazardous
				substance UST systems installed before April 4, 2008 shall provide containment
				that meets the requirements in Subsection C of 20.5.108.801 NMAC, and these UST
				systems shall be monitored every 30 days using one or more of the UST methods
				allowed in 20.5.108 NMAC. Owners and operators may request to use an alternate
				method in accordance with the requirements of 20.5.108.814 NMAC and shall
				provide the department with information in writing on effective corrective
				action technologies, health risks, and chemical and physical properties of the
				stored substance along with the characteristics of the UST site.
B. Owners and operators of hazardous
				substance UST systems installed on or after April 4, 2008 shall provide
				containment that meets the requirements in Subsection C of 20.5.108.801 NMAC,
				and shall monitor these UST systems at least every 30 days using interstitial
				monitoring in accordance with 20.5.108.808 NMAC and either 20.5.108.811 NMAC or
				20.5.108.813 NMAC.
C. Release
				detection of hazardous substance UST systems shall meet the following
				requirements.
(1) Owners and operators shall
				design, construct and install secondary containment systems to:
(a) contain regulated substances that escape
				the primary containment until they are detected and removed;
(b) prevent the release of regulated
				substances to the environment at any time during the operational life of the
				UST system; and
(c) be checked for
				evidence of a release monthly; the provisions of
				40
				CFR 265.193, containment and detection of
				releases, may be used to comply with these requirements for storage tank
				systems installed on or before the effective date of these
				regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.802 - INVENTORY CONTROL WITH TANK TIGHTNESS TESTING REQUIREMENTS FOR USTS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of underground storage tanks installed
				  on or before April 4, 2008 may use inventory control in conjunction with tank
				  tightness testing every five years as release detection for 10 years after the
				  storage tank system is installed. After the 10-year anniversary of the storage
				  tank system installation, owners and operators shall use one of the methods in
				  20.5.108.805 NMAC through 20.5.108.809 NMAC. Inventory control with tank
				  tightness testing shall meet the following requirements:
A. Inventory control or another test of
				equivalent performance shall be conducted monthly to detect a release of at
				least one percent of flow-through plus 130 gallons on a monthly
				basis.
B. Inventory volume
				measurements for regulated substance inputs, withdrawals, and the amount still
				remaining in the UST are recorded each operating day.
C. The equipment used is capable of measuring
				the level of regulated substance over the full range of the UST's height to the
				nearest one-eighth of an inch.
D.
				The regulated substance inputs are reconciled with delivery receipts by
				measurement of the UST inventory volume before and after delivery.
E. Deliveries are made through a drop tube
				that extends to within one foot of the UST bottom.
F. Regulated substance dispensing is metered
				and recorded within the state standards for meter calibration or an accuracy of
				six cubic inches for every five gallons of regulated substance
				withdrawn.
G. The measurement of
				any water level in the bottom of the UST is made to the nearest one-eighth of
				an inch at least once a month.
H.
				Practices described in the
American Petroleum Institute
Publication RP 1621, "Bulk Liquid Stock Control at Retail
				Outlets"
may be used, where applicable, as guidance in meeting the
				requirements of 20.5.108.802 NMAC.
I. Owners and operators shall meet all the
				requirements for tank tightness testing in 20.5.108.804 NMAC.
J. At least annually, owners and operators
				shall check the operability and serviceability of any measuring device or
				equipment used for inventory control in accordance with Subsection A of
				20.5.108.800 NMAC.
K. Measurements
				and results of each monthly monitoring period shall be maintained in accordance
				with the recordkeeping requirements in 20.5.108.815 NMAC and shall be provided
				to the department upon request.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.803 - MANUAL TANK GAUGING REQUIREMENTS FOR USTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Manual tank gauging:
(1) may be used as the sole method of release
				detection for regulated underground tanks of 550 gallons or less nominal
				capacity and tanks with a nominal capacity of 551 to 1,000 gallons that meet
				the tank diameter of 48 inches or 64 inches for the life of these
				tanks;
(2) may be used as a method
				of release detection for regulated underground tanks with a nominal capacity of
				551 to 1,000 gallons, with a diameter other than either 48 inches or 64 inches,
				for 10 years after installation in conjunction with periodic tank tightness
				testing in accordance with 20.5.108.802 NMAC and 20.5.108.804 NMAC;
(3) may be used as a method of release
				detection for regulated underground tanks with a nominal capacity of 1,001 to
				2,000 gallons with any diameter for 10 years after installation in conjunction
				with periodic tank tightness testing in accordance with 20.5.108.802 NMAC and
				20.5.108.804 NMAC;
(4) shall not be
				used after the 10th year of the installation for
				tanks described in Paragraphs (2) and (3) of this subsection; after the
				10th year, owners and operators shall change to a
				method described in 20.5.108.805 NMAC through 20.5.108.809 NMAC; and
(5) shall not be used to meet the
				requirements of this part for tanks of greater than 2,000 gallons nominal
				capacity.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.804 - TANK TIGHTNESS TESTING FOR USTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Tank tightness testing (or another test of
				equivalent performance) shall be capable of detecting a one-tenth gallon per
				hour leak rate from any portion of the tank that routinely contains product
				while accounting for the effects of thermal expansion or contraction of the
				product, vapor pockets, tank deformation, evaporation or condensation, and the
				location of the water table. Owners and operators may not use tank tightness
				testing alone as a method of release detection.
B. Owners and operators shall ensure any
				person conducting this testing shall meet the tester requirements in 20.5.105
				NMAC.
C. Owners and operators of
				UST systems shall maintain and provide the department with reports for all tank
				tightness testing conducted on their storage tank systems in accordance with
				20.5.108.815 NMAC and 20.5.8.816 NMAC.
D. An automatic tank gauge system conducting
				a one-tenth gallon per hour leak test does not meet the requirements for tank
				tightness testing in this section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.805 - AUTOMATIC TANK GAUGING REQUIREMENTS FOR USTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators of underground
				storage tanks may use automatic tank gauging as a method of release detection
				if the automatic tank gauging system:
(1)
				tests for the loss of product and can detect a two-tenths gallon per hour leak
				rate from any portion of the storage tank system that routinely contains
				regulated substances;
(2) meets
				inventory control or another test of equivalent performance requirements in
				accordance with 20.5.108.802 NMAC; and
(3) tests the storage tank system using one
				of the following modes:
(a) in-tank static
				testing conducted at least once every 30 days;
(b) continuous in-tank leak detection
				operating on an uninterrupted basis to determine the leak status of the tank at
				least once every 30 days; or
(c)
				continuous in-tank leak detection operating within a process that allows the
				system to gather incremental measurements to determine the leak status of the
				tank at least once every 30 days.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.806 - VAPOR MONITORING REQUIREMENTS FOR USTS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of underground storage tanks may use
				  vapor monitoring or testing as a method of release detection as long as the
				  testing or monitoring for vapors within the soil gas of the excavation zone
				  meets all of the following requirements:
A. The materials used as backfill are
				sufficiently porous (e.g., gravel, sand, crushed rock) to readily allow
				diffusion of vapors from releases into the excavation area.
B. The stored regulated substance, or a
				tracer compound placed in the UST system, is sufficiently volatile (e.g.,
				gasoline) to result in a vapor level that is detectable by the monitoring
				devices located in the excavation zone in the event of a release from the
				UST.
C. The measurement of vapors
				by the monitoring device is not rendered inoperative by groundwater, rainfall,
				soil moisture or other known interferences so that a release could go
				undetected for more than 30 days.
D. The level of background contamination in
				the excavation zone will not interfere with the method used to detect releases
				from the UST, and
E. The vapor
				monitors are designed and operated to detect any significant increase in
				concentration above background of the regulated substance stored in the UST
				system, a component or components of that substance, or a tracer compound
				placed in the UST system.
F. In the
				UST excavation zone, the site is assessed:
(1)
				to ensure compliance with the requirements in Subsections A through D of this
				section; and
(2) to establish the
				number and positioning of monitoring wells that will detect releases within the
				excavation zone from any portion of the tank that routinely contains a
				regulated substance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.807 - GROUNDWATER MONITORING REQUIREMENTS FOR USTS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of underground storage tanks may use
				  groundwater monitoring as a method of release detection as long as the testing
				  or monitoring for liquids on the groundwater meets all of the following
				  requirements:
A. The regulated
				substance stored is immiscible in water and has a specific gravity of less than
				one.
B. Groundwater is never more
				than 20 feet from the ground surface and the hydraulic conductivity of the soil
				between the UST system and the monitoring wells or devices is not less than one
				one-hundredth centimeters per second (e.g., the soil should consist of gravels,
				coarse to medium sands, coarse silts or other permeable materials).
C. The slotted portion of the monitoring well
				casing shall be designed to prevent migration of natural soils or filter pack
				into the well and to allow entry of regulated substance on the water table into
				the well under both high and low groundwater conditions.
D. Monitoring wells shall be sealed from the
				ground surface to the top of the filter pack.
E. Monitoring wells or devices intercept the
				excavation zone or are as close to it as is technically feasible.
F. The continuous monitoring devices or
				manual methods used can detect the presence of at least one-eighth of an inch
				of non-aqueous phase liquid on top of the groundwater in the monitoring
				wells.
G. Within and immediately
				below the UST system excavation zone, the site is assessed to:
(1) ensure compliance with the requirements
				in Subsections A through E of this section; and
(2) establish the number and positioning of
				monitoring wells or devices that will detect releases from any portion of the
				tank that routinely contains product.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.808 - INTERSTITIAL MONITORING REQUIREMENTS FOR USTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and operators of underground
				storage tanks may use interstitial monitoring between the UST and a secondary
				barrier immediately around and underneath the tank, but only if the system is
				designed, constructed and installed to detect a leak from any portion of the
				storage tank system that routinely contains any regulated substance and also
				meets one of the following requirements:
(1)
				For double-walled UST systems, the sampling or testing method can detect a
				release through the inner wall in any portion of the tank that routinely
				contains a regulated substance, and the sampling or testing method complies
				with the requirements of the current edition of an industry code or standard
				approved in advance by the department;
Steel Tank Institute
Standard F841, "Standard for Dual Wall Underground Storage
				Tanks"
may be used to meet this requirement.
(2) For UST systems with a secondary barrier
				within the excavation zone, the sampling or testing method used can detect a
				release between the UST system and the secondary barrier; the monitoring system
				shall meet all of the following requirements:
(a) The secondary barrier around or beneath
				the UST system consists of artificially constructed material that is
				sufficiently thick and impermeable (at least one X 10(-6)) centimeters per
				second for the regulated substance stored) to direct a release to the
				monitoring point and permit its detection.
(b) The barrier is compatible with the
				regulated substance stored so that a release from the UST system will not cause
				a deterioration of the barrier allowing a release to pass through
				undetected.
(c) For cathodically
				protected USTs, the secondary barrier shall be installed so that it does not
				interfere with the proper operation of the cathodic protection
				system.
(d) The groundwater, soil
				moisture, or rainfall will not render the testing or sampling method used
				inoperative so that a release could go undetected for more than thirty
				days.
(e) The site is assessed to
				ensure that the secondary barrier is always above the groundwater and not in a
				25-year flood plain, unless the barrier and monitoring designs are for use
				under such conditions.
(f)
				Monitoring wells are clearly marked and secured to avoid unauthorized access
				and tampering, or
(3) For
				USTs with an internally fitted liner, an automated device can detect a release
				between the inner wall of the UST and the liner, and the liner is compatible
				with the regulated substance stored.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.809 - STATISTICAL INVENTORY RECONCILIATION (SIR) FOR UST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators of underground storage tanks may use release detection methods based
				on the application of statistical principles to inventory data similar to those
				described in 20.5.108.802 NMAC. Owners and operators who use SIR shall:
(1) comply with the requirements in
				Subsections B through G of 20.5.108.802 NMAC;
(2) use a third-party certified quantitative
				method;
(3) use a third-party
				vendor to analyze the data and include the name of the SIR provider and the
				name and version of the SIR method used for analysis;
(4) use a method that is capable of detecting
				a leak rate of two-tenths gallon per hour or a release of 150 gallons within 30
				days;
(5) use a method with a
				threshold that does not exceed one-half the minimum detectible leak rate;
				and
(6) use a method that reports a
				quantitative result with a calculated leak rate.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.810 - REQUIREMENTS FOR UST UNDERGROUND PRESSURIZED PIPING INSTALLED PRIOR TO APRIL 4, 2008

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of underground storage tank systems with
				  piping installed prior to April 4, 2008, except those used for emergency power
				  generation, shall provide release detection for underground pressurized piping
				  that routinely contains regulated substances by 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.
A. Owners and
				operators of UST systems shall:
(1) use
				automatic line leak detectors (including mechanical or electronic detectors)
				that alert the operator to the presence of a leak by restricting or shutting
				off the flow of regulated substances through piping when a leak is detected at
				three gallons per hour at 10 pounds per square inch line pressure within one
				hour;
(2) perform an annual test of
				the operation of the leak detector which includes a simulated leak, is
				conducted in accordance with the manufacturer's testing protocol, and confirms
				the automatic line leak detector detects a leak at three gallons per hour at 10
				pounds per square inch line pressure within one hour; and
(3) use a method, or combination of methods,
				for monitoring the piping for releases that complies with one of the following:
(a) A precision line tightness test is
				conducted every 12 months that is capable of detecting a leak of 0.1 gallons
				per hour at one and one-half times the operating pressure.
(b) The method is capable of detecting a
				two-tenths gallon per hour leak and is used every 30 days.
(c) One of the methods in 20.5.108.805 NMAC
				through 20.5.108.809 NMAC is used, if it is capable of detecting a release from
				any portion of the underground piping that routinely contains a regulated
				substance.
(d) Interstitial
				monitoring is used in accordance with all of the requirements in 20.5.108.808
				NMAC and 20.5.108.811 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.811 - REQUIREMENTS FOR UST UNDERGROUND PRESSURIZED PIPING INSTALLED ON OR AFTER APRIL 4, 2008

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of underground storage tank systems with
				  piping installed on or after April 4, 2008 shall use interstitial monitoring as
				  release detection for underground pressurized piping that routinely contains
				  regulated substances by 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.
A. Owners and operators of UST systems shall:
(1) use automatic line leak detectors
				(including mechanical or electronic detectors) that alert the operator to the
				presence of a leak by restricting or shutting off the flow of regulated
				substances through piping when a leak is detected at three gallons per hour at
				10 pounds per square inch line pressure within one hour; and
(2) perform an annual test of the operation
				of the leak detector which includes a simulated leak, is conducted in
				accordance with the manufacturer's testing protocol, and confirms the automatic
				line leak detector detects a leak at three gallons per hour at 10 pounds per
				square inch line pressure within one hour.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.812 - REQUIREMENTS FOR UST UNDERGROUND SUCTION PIPING INSTALLED PRIOR TO APRIL 4, 2008

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators of underground storage tank systems with piping installed prior to
				April 4, 2008 that conveys regulated substances under suction where the piping
				system does not meet the requirements in Subsection B of 20.5.108.812 NMAC
				shall use one of the following methods. These methods shall be designed to
				detect a release from any portion of underground piping.
(1) A line tightness test shall be conducted
				every three years and the tightness test shall be capable of detecting a
				one-tenth gallon per hour leak rate.
(2) Interstitial monitoring shall be used in
				accordance with all of the requirements in 20.5.108.808 NMAC and 20.5.108.813
				NMAC.
(3) Statistical inventory
				reconciliation shall be used in accordance with 20.5.108.809 NMAC for monthly
				monitoring of underground suction piping in conjunction with line tightness
				testing in accordance with Paragraph (1) of Subsection A of this
				section.
(4) Vapor monitoring shall
				be used in accordance with 20.5.108.806 NMAC.
(5) Groundwater monitoring shall be used in
				accordance with 20.5.108.807 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.813 - REQUIREMENTS FOR UST UNDERGROUND SUCTION PIPING INSTALLED ON OR AFTER APRIL 4, 2008

Current through Register Vol. 35, No. 13, July 16, 2024
A. Owners and
				operators of underground storage tank systems with piping installed on or after
				April 4, 2008 where the piping conveys regulated substances under suction shall
				meet the requirements for interstitial monitoring in 20.5.108.808 NMAC and the
				following:
(1) Sensors shall be installed in
				all containment sumps associated with the piping, including under-dispenser
				containment, transition sumps, and secondary containment sumps used to monitor
				the interstice.
(2) Sensors shall:
(a) monitor the interstice;
(b) monitor all containment sumps associated
				with the piping;
(c) sound an alarm
				and automatically shut off the pump when a regulated substance or water is
				detected;
(d) be positioned in the
				lowest point of the containment sump; and
(e) be tested annually in accordance with
				Subsection B of 20.5.108.805 NMAC.
(3) Containment sumps used for interstitial
				monitoring shall be tested every three years beginning three years after the
				effective date of the regulations. The testing of the containment sumps shall
				comply with one of the following:
(a) the
				testing procedures as described in
Petroleum Equipment
				Institute
Publication RP 1200,
"Recommended
				Practices for the Testing
and Verification of Spill,
				Overfill,
Leak
Detection and
Secondary
Containment
Equipment at
				UST Facilities"
; or
(b)
				the equipment manufacturer's published testing procedures.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.814 - ALTERNATE METHODS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If owners
				and operators want to install materials or methods of release detection
				equipment for tanks or piping required in 20.5.108 NMAC 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 108 - RELEASE DETECTION FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 20.5.108.815 - RELEASE DETECTION RECORDKEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All storage tank system owners and
				operators shall maintain records in accordance with 20.5.107 NMAC demonstrating
				compliance with all applicable requirements of 20.5.108 NMAC. If the owner and
				operator of a storage tank are separate persons, only one person is required to
				maintain the records required by this section; however, both parties are liable
				in the event of noncompliance.
B.
				Records to be maintained shall include, but not be limited to:
(1) all written performance claims pertaining
				to any release detection system used, and the manner in which these claims have
				been justified or tested by the equipment manufacturer or installer;
(2) the results of any sampling, testing, or
				monitoring;
(3) written
				documentation of all calibration, maintenance, and repair of release detection
				equipment permanently located on-site and any schedules of calibration and
				maintenance required by the release detection equipment manufacturer;
(4) no later than three years after the
				effective date of these rule, records of site assessments required under
				20.5.108.806 NMAC and 20.5.108.807 NMAC. Records of site assessments developed
				after the effective date of these rules must be signed by a professional
				engineer, professional geologist, or equivalent licensed professional with
				experience in environmental engineering, hydrogeology, or other relevant
				technical discipline acceptable to the department; and
(5) the results of annual operational tests
				of release detection equipment. At a minimum, the results must list each
				component tested, indicate whether each component tested meets criteria for the
				specified equipment or needs to have action taken, and describe any action
				taken to correct an issue.
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 20.5.109.1 - 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 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.2 - 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 an
				  above ground 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 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.3 - 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 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.5 - 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 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 20.5.109 NMAC is to set forth the requirements
				  for the design, construction, installation and upgrading of above ground
				  storage tank systems in a manner that 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 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.7 - 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 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.8 to 20.5.109.899 - 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 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION › Section 20.5.109.900 - INSTALLATION OF AST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Owners and operators shall properly install all ASTs and piping in accordance
				with the manufacturer's instructions and 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, or in accordance with 20.5.109.920 NMAC. Installations shall
				address the following:
(1) support, if
				required in the sole discretion of the department, by the use of saddles or
				longitudinal supports;
(2) a
				foundation that is of sufficient thickness and reinforcement to support the
				tank when the tank is filled to maximum capacity with a regulated substance and
				that is constructed of concrete with a minimum compression strength of 3,000
				pounds per square inch at 28 days (or other comparable material approved by the
				department), and shall be used for:
(a)
				double-walled or double-bottomed above ground storage tanks;
(b) horizontal tanks with saddles, which
				shall be placed at a minimum on footings constructed of concrete or other
				comparable material approved in advance by the department;
(c) horizontal tanks with longitudinal
				supports, which shall be placed on a concrete slab that extends at least 12
				inches beyond the perimeter of the tank and is constructed of concrete or other
				comparable material approved in advance by the department;
(d) vertical tanks, which shall be placed on
				a concrete slab that extends at least 12 inches beyond the perimeter of the
				tank and is constructed of concrete or other comparable material approved in
				advance by the department; and
(e)
				single-walled above ground storage tanks, which shall be installed inside
				secondary containment that meets the requirements of 20.5.109.904
				NMAC;
(3)
				anchorage;
(4) fills, gauges and
				vents;
(5) environmental
				protection; and
(6) testing and
				inspection.
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 20.5.109.901 - REQUIRED NOTIFICATION PRIOR TO INSTALLATION

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 installation
				  of a storage tank system are to take place. The inspector may require that
				  critical junctures be performed from Monday through Friday during regular
				  business hours.
A. For installations,
				the term "critical junctures" means:
(1)
				installation of any tank pad, vault, or secondary containment for a storage
				tank system;
(2) setting of a
				storage tank and piping, including placement of any anchoring devices, backfill
				to the level of the tank, and strapping, if any;
(3) placing a regulated substance in the
				tank;
(4) any time during the
				installation in which components of piping are connected;
(5) preparation of any excavation immediately
				prior to receiving backfill for piping or containment sumps;
(6) all pressure testing or integrity testing
				of a storage tank system, including associated piping, spill prevention
				equipment, and containment sumps performed during the installation;
(7) completion of backfill and filling of any
				excavation;
(8) installation and
				testing of overfill prevention equipment and release detection
				equipment.
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 20.5.109.902 - PERFORMANCE STANDARDS FOR AST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In order to prevent releases due to
				structural failure, corrosion or spills and overfills for as long as an AST
				system is used to store regulated substances, owners and operators of new AST
				systems shall properly design, construct and initially test each new AST
				system, provide project drawings in accordance with 20.5.109.901 NMAC, and
				ensure that any portion of an AST system that routinely contains regulated
				substances and is in contact with an electrolyte, such as soil, concrete 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 ensure that the entire AST system is
				compatible with any regulated substance conveyed. Owners and operators shall
				use the applicable national code or standard listed below to meet the
				requirements of this section:
(1)
National Fire Protection Association Standard 30, "Flammable and
				Combustible Liquids Code"
;
(2)
National Fire Protection
				Association Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair
				Garages"
;
(3)
National Fire Protection Association Standard 407, "Standard for
				Aircraft Fuel Servicing"
; or
(4)
International Code Council,
				"International Fire Code"
.
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 20.5.109.903 - AST SECONDARY CONTAINMENT: DOUBLE WALLED AST SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall design, provide project drawings
				  for, and install double walled above ground storage tank systems in accordance
				  with the following:
A. Double-walled
				above ground storage tanks shall be installed in accordance with the applicable
				installation requirements in this part and shall use one or more of the
				following, as applicable, to comply with the requirements of this section:
(1)
Underwriters Laboratories 142,
				"Steel Aboveground Tanks for Flammable and Combustible
				Liquids"
;
(2)
Underwriters Laboratories 2085, "Standard for Protected Aboveground
				Tanks for Flammable and Combustible Liquids"
; or
(3)
Underwriters Laboratories 2245,
				"Standard for Below-Grade Vaults for Flammable Liquid Storage
				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 20.5.109.904 - AST SECONDARY CONTAINMENT: SINGLE-WALLED TANKS AND PIPING

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators shall construct a containment area
				  under and around single-walled ASTs and piping, except for piping that meets
				  the requirements of Paragraph (1) of Subsection A of 20.5.109.915 NMAC.
				  Internal lining of ASTs shall not be used as a method of secondary
				  containment.
A. General requirements:
(1) Owners and operators shall design and
				construct secondary containment to minimize damage to the surfaces of the tanks
				due to corrosion, accumulation of water, and stray electrical
				current.
(2) Owners and operators
				shall ensure that any regulated substance stored in an AST system is chemically
				compatible with the secondary containment material. If owners and operators
				store more than one type of regulated substance within a single containment
				area, owners and operators shall ensure that the substances are chemically
				compatible with each other and with the containment material.
(3) Owners and operators shall construct a
				containment area which has a capacity of at least one hundred ten percent of
				the size of the largest AST in the containment area plus the volume displaced
				by the other AST(s).
(4) Owners and
				operators shall not use clay for the construction of secondary
				containment.
(5) Owners and
				operators may use a vault which complies with the requirements of this section
				as secondary containment.
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 20.5.109.905 - USTS USED AS ASTS

Current through Register Vol. 35, No. 13, July 16, 2024
Effective July 1, 2013, the use of USTs as ASTs is
				  prohibited.
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 20.5.109.907 - ADDITIONAL PERFORMANCE STANDARDS FOR FIELD-ERECTED ASTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If owners and operators install a
				field-erected tank, owners and operators shall comply 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 use one or more of the following to comply with the
				requirements of this section:
(1)
American Petroleum Institute Standard 620, "Design and Construction of
				Large, Welded, Low Pressure Storage Tanks"
;
(2)
American Petroleum Institute
				Standard 650, "Welded Tanks for Oil Storage"
;
(3)
American Petroleum Institute
				Specification 12B, "Bolted Tanks for Storage of Production
				Liquids";
(4)
American Petroleum Institute Specification 12D, "Field Welded Tanks for
				Storage of Production Liquids"
; or
(5)
American Society of Mechanical
				Engineers B96.1, "Welded Aluminum-Alloy Storage Tanks"
.