New Mexico Administrative Code

A. Owners, operators, certified installers, certified junior installers, and testers of storage tank systems shall report the following conditions to the department within 24 hours, in accordance with 20.5.118.1800 NMAC: (1) visible leaks or seeps from any part of a storage tank …

A. Owners and operators of storage tank systems shall contain and immediately clean up a spill or overfill, and report the spill or overfill to the department within 24 hours in accordance with 20.5.118.1800 NMAC except as provided in Subsection C of this section, and begin corre…

This part applies to owners and operators of storage tanks as defined in 20.5.101 NMAC. This part also applies to owners and operators of AST systems with capacities of 55,000 gallons or more associated with airport hydrant fuel distribution systems and owners and operators of AS…

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 20.5.118 NMAC is to regulate storage tank systems in order to protect the public health, safety and welfare and the environment of the state, and to ensure that suspected and confirmed releases from storage tank systems are promptly reported and investigated and th…

The definitions in 20.5.101 NMAC apply to this part.

New Mexico Environmental Improvement Board.

A. Owners and operators of petroleum storage tank systems shall take corrective action to address all releases, including such action as collection and analysis of relevant site-specific data, soil remediation, groundwater and surface water remediation and any other appropriate a…

A. Upon discovery or confirmation of a release, owners and operators of the storage tank system shall immediately prevent any further release from the storage tank system by whatever means necessary, including removing product from the storage tank system or any part of the stora…

A. Owners and operators shall undertake the initial abatement and site investigation actions specified in this section within 72 hours of discovery or confirmation of a release pursuant to 20.5.118 NMAC, using the default timeline as set forth in Subsection E of 20.5.119.1900 NMA…

A. Owners and operators shall make an oral report to the department summarizing the abatement procedures undertaken and the results of action taken under 20.5.119.1901 and 20.5.119.1902 NMAC within 72 hours of the discovery or confirmation of a release pursuant to 20.5.118 NMAC. …

A. Except for the 72-hour vapor check, owners and operators shall notify the department at least four days prior to the collection of any samples which are required pursuant to this part and upon which laboratory analyses are to be performed to allow the department an opportunity…

A. Owners and operators shall assess the potential for remediation of non-aqueous phase liquid (NAPL) where there is a thickness of greater than one-eighth inch of NAPL on surface water, in any excavation pit, or in any well. Owners and operators shall submit the assessment to th…

A. Owners and operators shall remediate contaminated soil in accordance with 20.5.119.1912, 20.5.119.1914, and 20.5.119.1922 NMAC, unless approved by the department to remove and treat contaminated soil in accordance with this section. (1) The department may approve interim remov…

A. A preliminary investigation is not required when owners and operators can demonstrate that the contamination has not reached groundwater and one of the following two conditions apply: (1) the release is remediated in accordance with this part within 72 hours of discovery or co…

Owners and operators shall conduct a preliminary investigation in accordance with this subsection and under a timeline approved by the department or the timeline set forth in Subsection E of 20.5.119.1900 NMAC. The preliminary investigation shall determine the following, unless o…

A. Owners and operators shall submit paper and electronic copies of a written report of the preliminary investigation and other requirements of the minimum site assessment as defined in 20.5.101.7 NMAC in accordance with a timeline approved by the department or the timeline set f…

A. Owners and operators shall perform a secondary investigation in accordance with a timeline approved by the department or the timeline set forth in Subsection E of 20.5.119.1900 NMAC when the department makes at least one of the following determinations about the site: (1) the …

A. Owners and operators shall submit paper and electronic copies of a written report of the secondary investigation to the department in accordance with a timeline approved by the department or the timeline set forth in Subsection E of 20.5.119.1900 NMAC. The report shall include…

The soil-only contamination assessment is intended to determine whether soil contamination poses a threat to human health or the environment including groundwater or may pose a threat in the future such that corrective action is required. Owners and operators shall comply with th…

A vapor intrusion assessment is intended to determine if vapor intrusion poses a threat to human health and the environment specifically within an overlying building or structure such that corrective action is required. Owners and operators shall comply with this section as requi…

In addition to comparing representative soil concentrations for all contaminants of concern to risk-based screening levels (RBSLs) and site-specific target levels (SSTLs) and concentrations in groundwater and surface water to applicable WQCC and EIB standards, in accordance with,…

A. If approved by the department, owners and operators shall submit a plan for monitored natural attenuation to the department if any of the following conditions have been identified at the site: (1) concentrations of contaminants of concern exceed site-specific target levels (SS…

A. After the public comment period has ended, the department shall review the plan and shall either approve the plan or notify the owner and operator in writing of the deficiencies of the plan. If the secretary determines that a decision on the monitored natural attenuation plan …

A. Owners and operators shall implement the monitored natural attenuation plan after department approval in accordance with a timeline approved by the department or the timeline set forth in Subsection E of 20.5.119.1900 NMAC. B. Owners and operators shall monitor the contaminati…

A. Owners and operators shall submit paper and electronic copies of written reports to the department on the progress of the monitored natural attenuation. Owners and operators shall submit the reports annually unless a different reporting period is approved by the department and…

A. Owners and operators shall evaluate the effectiveness of the monitored natural attenuation plan at the end of each year of monitoring and submit the evaluation to the department for review unless otherwise approved by the department. B. When the department determines that the …

A. Owners and operators may petition the department to approve a modification of the monitored natural attenuation plan for good cause. B. The department may approve a modification of the monitored natural attenuation plan only if such modification provides adequate protection of…

A. Natural attenuation shall be considered complete when all of the following criteria are met: (1) no layer of NAPL greater than one-eighth inch in thickness is present on the water table or in any of the wells; (2) the EIB standard of 0.1 mg/L for methyl tertiary butyl ether (M…

A. If approved by the department, owners and operators shall submit a conceptual remediation plan to the department if any of the following conditions have been identified at the site: (1) a thickness of greater than one-eighth inch of NAPL is present on the surface of the water,…

A. Following department approval of the conceptual remediation plan, owners and operators shall develop a final remediation plan in accordance with this section and shall submit three copies of the final remediation plan to the department in accordance with a timeline approved by…

A. Within 30 days of receipt of the final remediation plan and after the public comment period has ended, the department shall review the plan and shall either approve the plan or notify the owner and operator in writing of the deficiencies of the plan. If the secretary determine…

A. Owners and operators shall implement the final remediation plan after department approval in accordance with a timeline approved by the department or the timeline set forth in Subsection E of 20.5.119.1900 NMAC. Owners and operators shall employ a professional engineer to ensu…

A. Owners and operators shall submit paper and electronic copies of written reports to the department on the operation of the remediation system. Owners and operators shall submit the reports quarterly unless a different reporting period is approved by the department, shall docum…

A. Owners and operators shall evaluate the effectiveness of the approach to remediation at the end of each year of operation and submit the evaluation to the department for review. B. When the department determines that the approach to remediation is not effectively remediating c…

A. Owners and operators may petition the department to approve a modification of the final remediation plan for good cause. B. The department may modify a final remediation plan only if it complies with applicable regulations, provides adequate protection of public health, safety…

A. The department shall consider remediation complete when all of the following criteria are met: (1) no layer of NAPL greater than one-eighth inch in thickness is present on the water table or in any of the wells; (2) the EIB standard of 0.1 mg/L for methyl tertiary butyl ether …

A. A no further action determination is a technical determination issued by the department that documents that the owner or operator of a site has met all applicable WQCC and EIB remediation standards and that no contaminant will present a significant risk of harm to public healt…

A. For good cause shown, the department may extend the time for complying with any deadline set forth in this part. The request shall specify the reason for the request, all actions taken to comply with the deadline and the period of time for which the extension is requested. B. …

A. Owners and operators of petroleum storage tanks where a release has occurred shall retain records documenting compliance with all applicable requirements of 20.5.119 NMAC. If the owner and operator of a petroleum storage tank are separate persons, only one person is required t…

A. Owners and operators shall provide to the department all reports as required in 20.5.119 NMAC in accordance with the timeline or deadlines set forth as stated in 20.5.119.1900 NMAC. B. Owners and operators shall ensure all reports, plans and requests required in 20.5.119 NMAC …

This part applies to owners and operators of petroleum storage tanks as defined in 20.5.101 NMAC. This part also applies to owners and operators of AST systems with capacities of 55,000 gallons or more associated with airport hydrant fuel distribution systems and owners and opera…

This part is promulgated pursuant to the provisions of the Hazardous Waste Act, Sections 74-4-1 through 74-4-14 NMSA 1978, the Ground Water Protection Act, Sections 74-6B-1 through 74-6B-14, NMSA 1978; the Water Quality Act, Sections 74-6-1 through 74-6-17, NMSA 1978; and the gen…

Permanent.

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