New Mexico Administrative Code

A. Owners and operators shall provide project drawings for and install new AST systems which include vaults in accordance with the following requirements: (1) A vault must completely enclose each tank, with no openings in the vault enclosure except those necessary for access to, …

A. Owners and operators shall properly design and construct new piping, provide project drawings, initially test piping, and ensure that any steel portion of piping that routinely contains regulated substances and is in contact with an electrolyte, such as soil or water, shall be…

A. If owners and operators construct or operate piping of fiberglass-reinforced plastic or flexible piping, the piping shall: (1) be completely underground; (2) be within secondary containment that includes a release detection system that meets the requirements of 20.5.111 NMAC; …

If owners and operators construct or operate piping of steel for an AST system, owners and operators shall properly design and construct and provide project drawings for piping that routinely contains regulated substances in accordance with the current edition of an industry stan…

To install new piping or replace existing piping in an AST system, owners and operators shall only use piping that is: A. double-walled in compliance with 20.5.109.903 NMAC; B. designed and constructed with secondary containment that meets the requirements of 20.5.109.904 NMAC; o…

Owners and operators shall install a containment sump underneath each dispenser system associated with an AST, unless the dispenser is located within secondary containment. A. Owners and operators shall hydrostatically test the sump upon installation, in accordance with manufactu…

A. Owners and operators shall design, construct and install loading racks following the current edition of an industry standard or code of practice developed by a nationally recognized association or independent testing laboratory approved in advance by the department. Owners and…

A. Certification of compliance. All owners and operators of new above ground storage tank systems shall certify in the registration form required by 20.5.102 NMAC compliance with the following requirements: (1) installation of tanks and piping in 20.5.109 NMAC; (2) installation o…

A. If owners and operators want to install tanks, piping, storage tank systems, spill and overfill equipment, secondary containment, or any other requirement of this part with materials or methods that are not in accordance with the current edition of an industry standard or code…

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New Mexico Environmental Improvement Board.

Owners and operators shall properly maintain all tanks, piping, secondary containment and other associated equipment required in 20.5.109 NMAC, and shall ensure that all tanks, piping, secondary containment and other associated equipment for all storage tank systems are fully ope…

Owners and operators of all storage tank systems shall adopt and implement a written operations and maintenance plan, which they shall keep at the facility for the life of the storage tank system. Owners and operators of unmanned storage tank systems may keep the operations and m…

A. Owners and operators shall operate, maintain and repair secondary containment in accordance with the current edition of an industry standard or code of practice developed by a nationally recognized association or independent testing laboratory approved in advance by the depart…

A. Owners and operators shall operate, maintain and repair the walls and floor of a vault in accordance with the current edition of an industry standard or code of practice developed by a nationally recognized association or independent testing laboratory approved in advance by t…

Owners and operators shall operate, maintain and repair venting systems in accordance with the current edition of an industry standard or code of practice developed by a nationally recognized association or independent testing laboratory approved in advance by the department. At …

Owners and operators shall ensure that releases due to spilling or overfilling do not occur. A. Owners and operators shall ensure that the volume available in a tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the trans…

Owners and operators of metal storage tank systems with any metal tank or piping with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented until the storage tank system is permanently closed or undergoes a change…

A. Owners and operators shall maintain all containment sumps (including but not limited to under dispenser sumps and transition sumps) and draw off liquid that has accumulated in the containment sumps within one week of the accumulation, and shall remove any other debris that has…

A. Owners and operators shall conduct walk-through inspections that, at a minimum, check equipment as specified below: (1) For spill and overfill prevention equipment, every 30 days (exception: spill prevention equipment at AST systems receiving deliveries at intervals greater th…

Owners and operators shall use a storage tank system made of or lined with materials that are compatible with the substance stored in the storage tank system. A. Owners and operators must notify the department at least 30 days prior to changing the substance in any of their tanks…

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

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) documentation of operation of corrosion protection equipment that demonstrates compliance with 20.5.110.1006 NMAC; (2) documentation of storage tank system repairs, repla…

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. A. Owners and operators shall provide the follo…

This part applies to owners and operators of above ground storage tanks as provided in 20.5.101 NMAC. If the owner and operator of a storage tank are separate persons, only one person is required to comply with the requirements of this part, including any notice and reporting req…

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 20.5.110 NMAC is to ensure that the operation and maintenance of above ground storage tanks will prevent releases and to protect the public health, safety and welfare and the environment of the state.

The definitions in 20.5.101 NMAC apply to this part.

New Mexico Environmental Improvement Board.

A. Owners and operators of new and existing AST systems shall monitor monthly for releases using a method, or combination of methods, of release detection that can detect a release from any portion of the tank, connected piping and ancillary equipment that routinely contains a re…

A. Owners and operators shall perform a tightness test or internal inspection of ASTs 10 years after installation, unless the AST is in secondary containment that complies with the requirements of 20.5.109 NMAC. Owners or operators shall use one or more of the standards and codes…

A. Owners and operators of ASTs may use visual inspection as a method of release detection if: (1) all portions of the ASTs, including the AST bottoms, are completely visible, readily accessible and are inspected monthly; (2) owners and operators maintain a written log of the vis…