New Mexico Administrative Code

Owners and operators of a storage tank system shall ensure that repairs, replacements, and modifications will prevent releases due to structural failure or corrosion as long as the storage tank system is used to store regulated substances. A. Determining whether repair, replaceme…

A. For the purpose of enforcing the provisions of these regulations, all owners and operators of storage tanks shall, upon the request of the secretary or authorized department representatives, furnish information relating to such tanks, including tank equipment and contents, con…

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 replace…

Owners and operators shall view any inspection, review or approval by the department as permission to proceed in accordance with all applicable rules, codes and standards. Review and approval by the department shall not relieve any owner, operator, or certified tank installer of …

A. If owners and operators want to operate, maintain, replace, repair or modify any part of a storage tank system with materials or methods that are not in accordance with the current edition of an industry standard or code of practice developed by a nationally recognized associa…

A. Owners and operators shall maintain the following information for the life of the storage tank system: (1) a corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used, in accordance with 20.5.106.604 NMAC and 20.5.106.610 NMAC; (2) d…

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 fe…

New Mexico Environmental Improvement Board.

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 requ…

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.

Permanent.

July 24, 2018, unless a later date is indicated in the bracketed history note at the end of a section.

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 environmen…

The definitions in 20.5.101 NMAC apply to this part.

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 equipme…

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 allowe…

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…

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 …

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 produ…

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 …

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 back…

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 …

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 …

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…

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 th…

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 i…

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 meth…

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 shal…

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 associ…

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 mai…

A. Owners and operators shall provide to the department all reports as required in 20.5.108 NMAC within 60 days of completion of the tests. B. Owners and operators shall report any test or inspection results that are anything other than a "pass" or "normal" result to the departme…

New Mexico Environmental Improvement Board.

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…

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.

Permanent.

July 24, 2018, unless a later date is indicated in the bracketed history note at the end of a section.

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…

The definitions in 20.5.101 NMAC apply to this part.

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 lab…

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 install…

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, provid…

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 requirement…

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 containm…

Effective July 1, 2013, the use of USTs as ASTs is prohibited.

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…

A. Owners and operators of existing single walled AST systems (installed on or before July 1, 2001), must have complied with the following requirements: (1) New AST performance standards in 20.5.109 NMAC by July 1, 2011; (2) Upgrade requirements in Subsections C, D, and E of 20.5…