New Mexico Administrative Code

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…

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 containmen…

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.…

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.

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 regul…

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…

A. Owners and operators of underground piping associated with USTs with field-constructed tanks less than or equal to 50,000 gallons shall meet the release detection requirements in 20.5.108 NMAC. B. Owners and operators of underground piping associated with airport hydrant syste…

Owners and operators shall report any suspected or confirmed releases to the department in accordance with the requirements in 20.5.118 NMAC.

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 ope…

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 tan…

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.

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.

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.

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 wit…

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 20.5.114 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 ensur…

The definitions in 20.5.101 NMAC apply to this part.

New Mexico Environmental Improvement Board.

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 o…

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 corrosi…

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 …

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 …

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, t…

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, pos…

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 mai…

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; ho…

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.

Permanent.

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

The purpose of 20.5.115 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.

The definitions in 20.5.101 NMAC apply to this part.

New Mexico Environmental Improvement Board.

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 …

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 …

A. Mandatory ineligibility. Notice of intent to red tag: Upon identification of a condition or conditions at one or more storage tanks at a facility under Subsection A of 20.5.116.1601 NMAC, the department shall issue the owner and operator a notice of intent to red tag stating t…

A. Red tag. In order to prevent the delivery, deposit or acceptance of product at or to a storage tank or a facility that has been identified by the department as ineligible under 20.5.116.1601 NMAC and 20.5.116.1602 NMAC, the department shall affix a tamper-proof red tag to the …

Owners and operators shall empty all regulated substances from storage tanks that have been affixed with a red tag if the violations have not been corrected within 30 days of the placement of the red tag. This section shall not limit or supersede the application of 20.5.118 NMAC …

Owners and operators shall permanently close a storage tank system that has been affixed with a red tag if the violations associated with the red tag have not been corrected within 12 months of the placement of the red tag. Permanent closure must meet the requirements in 20.5.115…

A. Owners and operators. Notification of red tag placement, including a tank's status as being ineligible for deliveries, shall be provided to an owner or operator in the following manner: (1) Owner or operator present. If the owner or operator is present on the site, the departm…

A. Statement of compliance from owner or operator. In order for an owner or operator of a storage tank or facility which has been determined by the department as ineligible under this rule to have the storage tank or facility reclassified by the department as eligible to receive …

The department shall defer classifying a storage tank or facility as ineligible for delivery, deposit or acceptance of product if such classification would jeopardize the availability of, or access to, motor fuel in a rural and remote area as defined in 20.5.101.7 NMAC, or where …

A. Emergency situations. The department may authorize delivery or deposit of product to an emergency generator tank that is otherwise ineligible for delivery or deposit if the owner or operator can demonstrate to the satisfaction of the department that: (1) a commercial power fai…

A. Storage tank equipment tampering prohibited. It shall be unlawful for any person, including product deliverers, to remove, tamper with, destroy, damage or disable storage tank equipment, including but not limited to release detection and other safety mechanisms, in the course …

Any owner or operator of a facility that contains storage tanks to which the department has affixed a red tag prohibiting delivery pursuant to this part may appeal to the secretary by submitting a written request for hearing. A. Timelines. The request must be made in writing to t…

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.