TITLE
20 ENVIRONMENTAL PROTECTION
CHAPTER
5 PETROLEUM STORAGE TANKS
PART
109 NEW AND UPGRADED ABOVE
GROUND STORAGE TANK SYSTEMS: DESIGN,
CONSTRUCTION,
AND INSTALLATION
20.5.109.1 ISSUING AGENCY: New Mexico Environmental
Improvement Board.
[20.5.109.1
NMAC - N, 07/24/2018]
20.5.109.2 SCOPE: 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.
[20.5.109.2
NMAC - N, 07/24/2018]
20.5.109.3 STATUTORY AUTHORITY: 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.
[20.5.109.3
NMAC - N, 07/24/2018]
20.5.109.4 DURATION: Permanent.
[20.5.109.4
NMAC - N, 07/24/2018]
20.5.109.5 EFFECTIVE DATE: July
24, 2018,
unless a later date is indicated in the bracketed history note at the end of a
section.
[20.5.109.5
NMAC - N, 07/24/2018]
20.5.109.6 OBJECTIVE: 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.
[20.5.109.6
NMAC - N, 07/24/2018]
20.5.109.7 DEFINITIONS: The definitions in 20.5.101 NMAC
apply to this part.
[20.5.109.7
NMAC - N, 07/24/2018]
20.5.109.8 to
20.5.109.899 [RESERVED]
20.5.109.900
INSTALLATION OF AST SYSTEMS:
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.
B. Tanks and
underground piping installed or replaced after July 1, 2013 must be secondarily
contained in accordance with 20.5.109.903 NMAC or 20.5.109.904 NMAC, except for
any piping that meets the requirements for safe suction in 20.5.111.1108 NMAC.
C. Secondary
containment must be able to contain regulated substances leaked from the
primary containment until they are detected and removed and prevent the release
of regulated substances to the environment at any time during the operational
life of the AST.
D. Owners
and operators shall provide an approval from the New Mexico state fire
marshal’s office to the department for any exceptions to the requirements of
the international fire code, including any AST at a retail fueling facility
that exceeds the size limit on ASTs;
E. In addition to
other requirements of this section, if owners or operators want to place into
service any shop-fabricated AST that has been permanently closed at any
location, owners and operators shall:
(1) not
use the AST until they have provided to the department:
(a) the
age and type of tank;
(b) the
tank manufacturer;
(c) a
list of regulated and non-regulated substances previously stored in the tank
and for what duration;
(d) a
description of any unusual circumstances involving the AST; and
(e) any
other information requested by the bureau based on the circumstances; and
(2) install
the system in compliance with all requirements for new AST systems in this
part.
F. Based on the
information received in Subsection D of this section, the department may
require owners and operators who want to relocate an AST that has been
temporarily or permanently closed to have the tank recertified by a certified
tank inspector, the tank manufacturer, or a professional engineer prior to use.
G. Owners and
operators shall use the applicable national code or standard listed below to comply
with the requirements for the installation of above ground storage tank systems
in this part:
(1) American Petroleum Institute Standard 650, “Welded Tanks for Oil Storage”;
(2) American Petroleum Institute Standard 2610, “Design,
Construction, Operation, Maintenance, and Inspection of Terminal & Tank
Facilities”;
(3) National Fire Protection Association
Standard 30, “Flammable and
Combustible Liquids Code”;
(4) National Fire Protection Association
Standard 30A, “Code for Motor Fuel
Dispensing Facilities and Repair Garages”;
(5) Petroleum Equipment Institute Publication
RP200, “Recommended Practices for
Installation of Above Ground Storage Tank Systems for Motor Vehicle Fueling”;
(6) Petroleum Equipment Institute Publication
RP700, “Recommended Practices for the Design and Maintenance of Fluid
Distribution Systems at Vehicle Maintenance Facilities”;
(7) Petroleum Equipment Institute Publication
RP800, “Recommended Practices for the Design and Installation of Bulk Storage
Plants”;
(8) Petroleum Equipment Institute Publication
RP1000, “Recommended Practices for the Installation of Marina Fueling Systems”;
(9) Petroleum Equipment Institute Publication
RP1300, “Recommended Practices for the Design, Installation, Service, Repair,
and Maintenance of Aviation Fueling Systems”;
(10) Petroleum Equipment Institute Publication
RP1400, “Recommended Practices for the Design and Installation of Fueling
Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner
Systems”;
(11) Steel Tank Institute RP R912, “Installation Instructions for Shop
Fabricated Aboveground Storage Tanks for Flammable, Combustible Liquids”;
or
(12) International Code Council, “International Fire Code”.
[20.5.109.900
NMAC - N, 07/24/2018]
20.5.109.901 REQUIRED NOTIFICATION PRIOR TO
INSTALLATION: 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.
B. Owners,
operators and certified tank installers shall give at least 30 days written
notice before the installation of a storage tank system. At a minimum, the installation notice shall
contain the following information:
(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) contractor
name, address, and telephone number;
(5) tank
details (number and size, type and materials, products to be stored);
(6) piping
material and type of leak detection;
(7) type
of spill and overfill prevention;
(8) type
of corrosion protection (sacrificial, impressed current, or none with
explanation why corrosion protection not required);
(9) method
of leak detection (automatic tank gauges, visual, interstitial monitoring);
(10) approximate
date installation will take place; and
(11) the
signature of the owner or owner's representative filling out the form.
C. Owners,
operators and certified tank installers shall provide required project drawings
with the 30-day written notice.
D. In addition to
the written notice described in this section, owners, operators and certified
tank installers shall give oral notice at least 24 hours in advance of the
commencement of the procedure. In the
oral notice, owners, operators and certified tank installers shall describe any
changes to the 30-day written notice required in Subsection B of this section,
such as different equipment or installation methods.
E. If owners,
operators and certified tank installers are separate persons, only one person
is required to comply with the notice requirements of this section; however,
all parties are liable in the event of noncompliance.
[20.5.109.901
NMAC - N, 07/24/2018]
[The
department provides an optional form that may be used for notification of
installation. The form is available
on
the Petroleum Storage Tank Bureau’s pages on the department’ website or by
contacting the Petroleum Storage Tank Bureau at 505-476-4397 or 2905 Rodeo Park
Drive East, Building 1, Santa Fe, New Mexico 87505.]
20.5.109.902 PERFORMANCE STANDARDS FOR AST
SYSTEMS:
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”.
B. Owners
and operators shall install and operate only ASTs made of steel that are constructed
in accordance with one or more of the following, as applicable:
(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”;
(3) Underwriters Laboratories 2245, “Standard for Below-Grade Vaults for
Flammable Liquid Storage Tanks”;
(4) American Petroleum Institute Standard 650, “Welded Tanks for Oil Storage”; or
(5) International Code Council, “International Fire Code”.
C. Owners
and operators shall protect newly installed ASTs from corrosion in accordance
with one or more of the following:
(1) American Petroleum Institute Publication RP
1632, “Cathodic Protection of
Underground Petroleum Storage Tanks and Piping Systems”;
(2) National Association of Corrosion Engineers
International Standard RP0169, “Control
of External Corrosion on Underground or Submerged Metallic Piping Systems”;
(3) Steel Tank Institute R892, “Recommended Practice for Corrosion
Protection of Underground Piping Networks Associated with Liquid Storage and
Dispensing Systems”;
(4) Steel Tank Institute R893, “Recommended Practice for External Corrosion
Protection of Shop Fabricated Aboveground Storage Tank Floors”;
(5) American Petroleum Institute Publication
RP651, “Cathodic Protection of
Aboveground Petroleum Storage Tanks”.
D. Above
ground tanks located at an elevation so as to produce a gravity head on the
dispenser system or piping shall be equipped with an anti-siphon or solenoid
valve which meets the requirements of 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 install and adjust
the anti-siphon or solenoid valve so that fuel cannot flow by gravity or siphon
from the tank to the dispenser system, loading rack, or other equipment, if the
piping fails when the dispensing or transferring equipment is not in use. One of the following shall be used to meet
the requirements of this Subsection:
(1) National Fire Protection Association
Standard 30A, “Code for Motor Fuel Dispensing Facilities and Repair Garages”;
or
(2) International Code Council, “International
Fire Code”.
[20.5.109.902
NMAC - N, 07/24/2018]
20.5.109.903 AST
SECONDARY CONTAINMENT: DOUBLE WALLED AST SYSTEMS:
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”.
B. Above ground
piping shall meet the requirements in 20.5.109.913 NMAC and 20.5.109.915 NMAC;
C. Underground
piping shall be double-walled and meet the requirements for underground piping
in this part. Owners and operators shall
use one or more of the following, as applicable, to meet these requirements:
(1) Underwriters Laboratories Standard 971, “Standard
for Nonmetallic Underground Piping for Flammable Liquids”;
(2) Underwriters Laboratories Standard 567,
“Standard for Emergency Breakaway Fittings, Swivel Connectors and
Pipe-Connection Fittings for Petroleum Products and LP-gas”;
(4) ULC Standards CAN/ULC-S633:2017,
“Standard for Flexible Connector Piping for Fuels”.
D. Containment
sumps shall be installed in accordance with the requirements in this part.
E. Owners and
operators shall base all secondary containment systems on 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. One or more of the
following shall be used, as applicable, to comply with these requirements:
(1) Petroleum Equipment Institute Publication RP
200, “Recommended Practices for Installation of Above Ground Storage Systems
for Motor Vehicle Fueling”;
(2) Society of Protective Coatings
SSPC-TU2/NACE6G197, “Design, Installation and Maintenance of Coating Systems
for Concrete used in Secondary Containment”;
(3) American Concrete Institute Publication ACI
350-06, “Code Requirements for Environmental Engineering Concrete Structures”;
(4) American Petroleum Institute Standard 650,
“Welded Tanks for Oil Storage”; or
(5) Steel Tank Institute RP R912, “Installation
Instructions for Shop Fabricated Aboveground Storage Tanks for Flammable,
Combustible Liquids”.
[20.5.109.903
NMAC - N, 07/24/2018]
20.5.109.904 AST
SECONDARY CONTAINMENT: SINGLE-WALLED TANKS AND PIPING:
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.
B. Concrete secondary
containment. Owners and operators may
use concrete for construction of the containment area except for masonry or
cinder block which shall not be used.
(1) If
owners and operators use concrete for construction of secondary containment
installed on or after July 1, 2011, the concrete containment shall be designed
and constructed in accordance with an industry standard or code of practice
developed by a nationally recognized association or independent testing
laboratory, which shall be approved in advance of construction by the
department. New concrete secondary
containment shall comply with Subparagraph (a), (b) or (c) below:
(a) be
coated or internally lined with a material which, in conjunction with the
concrete, has a demonstrated permeability rate to the regulated substance
stored of 1 x 10-7 centimeters per second or less;
(b) be
installed in accordance with a set of plans that have been stamped by a
professional engineer demonstrating that the secondary containment system is
able to contain a release of regulated substances for seven days and properly
support the above ground storage tank systems within the secondary containment;
or
(c) be
installed in accordance with an alternate method for concrete secondary
containment design and construction that is approved in advance by the
department pursuant to 20.5.109.920 NMAC.
(2) One
of the following shall be used to comply with the concrete secondary
containment requirements:
(a) American Concrete Institute 350-06, “Code
Review for Environmental Engineering Concrete Structures”;
(b) American Concrete Institute 350.2R-04,
“Concrete Structures for Containment of Hazardous Materials”;
(c) American Concrete Institute 224R-01,
“Control of Cracking in Concrete Structures”;
(d) National Association of Corrosion Engineers
International RP0892-2007, “Coatings and Linings Over Concrete for Chemical
Immersion and Containment Service”;
(e) Society of Protective Coatings
TU2/NACE6G197, “Design, Installation and Maintenance of Coating Systems for
Concrete Used in Secondary Containment”;
(f) National Association of Corrosion Engineers
International Standard Number 6/SSPC-SP 13, “Surface Preparation of Concrete”;
(g) National Association of Corrosion Engineers
International RP0281, “Method for Conducting Coating (Paint) Panel Evaluation
Testing in Atmospheric Exposures”; or
(h) American Society for Testing and Materials
D4258, "Standard Practice for Surface Cleaning Concrete for Coating”.
(3) Owners
and operators of existing AST systems shall have the option of fulfilling the
requirements of this subsection by submitting to the department a report
stamped by a professional engineer demonstrating that the secondary containment
system is able to contain a release of regulated substances for seven days and
properly support the above ground storage tank systems within the secondary
containment.
C. Liners as
secondary containment.
(1) If
owners and operators use geo-synthetic membrane for secondary containment, the
geo-synthetic membranes or liners shall have a minimum thickness of 60 mils.
(2) Owners
and operators shall install liners 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 the manufacturer’s specifications. Owners and operators shall submit to the
department a report on the installation of the geo-synthetic membrane which
shall certify that the geo-synthetic membrane has been installed in accordance
with the manufacturer's recommendations or an industry standard or code of
practice developed by a nationally recognized association or independent
testing laboratory. The report shall
contain the date of the inspection and installation of the geo-synthetic
membrane, the test methods used during the inspection, data collected during
the inspection, and the standard or code of practice according to which the
installation was conducted. An installer
or inspector with appropriate certification or experience (which shall be
documented in the report) shall prepare the report.
(3) Earthen
dike fields shall be lined with a geo-synthetic membrane to qualify as
secondary containment.
D. Steel
as secondary containment. If owners and
operators use steel for construction of the secondary containment area, and if
the steel is routinely in contact with soil, water, concrete, or another
electrolyte, owners and operators shall cathodically protect the containment
area 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.
[20.5.109.904
NMAC - N, 07/24/2018]
20.5.109.905 USTS USED AS ASTS: Effective July
1, 2013, the use of
USTs as ASTs is prohibited.
[20.5.109.905
NMAC - N, 07/24/2018]
20.5.109.906 [RESERVED]
20.5.109.907 ADDITIONAL PERFORMANCE STANDARDS FOR
FIELD-ERECTED ASTS:
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”.
[20.5.109.907
NMAC - N, 07/24/2018]
20.5.109.908 PERFORMANCE
STANDARDS FOR EXISTING AST SYSTEMS:
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 20.5.109.908 NMAC by the deferred
date of July 1, 2013; or
(3) Closure
requirements in 20.5.115 NMAC by July 1, 2011.
(4) Any
good faith upgrades to an AST system secondary containment made in compliance
with this part prior to December 3, 2010 shall be deemed in compliance with
this section.
B. Owners and
operators of existing AST systems that do not comply with the requirements of
the International Fire Code shall provide approval from the state fire marshal’s
office to the department no later than three years after the effective date of
these regulations.
C. Tank Upgrade
Requirements. Owners and operators must
have upgraded existing single walled ASTs by installing secondary containment
or replaced them with double walled ASTs by July 1, 2013 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. ASTs that have
not been upgraded by the effective date of these regulations shall be
permanently closed in accordance with 20.5.115 NMAC.
(1) Owners
and operators of ASTs must have met secondary containment requirements either
by the installation new concrete secondary containment in accordance with
20.5.109.904 NMAC or upgraded the existing concrete secondary containment to
meet the general requirements in Subsection A of 20.5.109.904 NMAC along with
one of the following:
(a) submit
to the department a report stamped by a professional engineer for the existing
concrete secondary containment that demonstrates the secondary containment
system is able to contain a release of regulated substance for seven days and
properly supports the AST systems within the secondary containment; or
(b) coat
the interior of, or install an internal lining in, the existing concrete
secondary containment in accordance with the manufacturer’s instructions or 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;
(2) Owners
and operators of ASTs must have upgraded the secondary containment by the
installation of liners that meet the following:
(a) requirements
for liners as secondary containment in Subsection C of 20.5.109.904 NMAC; and
(b) requirements
for installation of AST systems in 20.5.109.900 NMAC; or
(3) Owners
and operators of ASTs must have met the secondary containment requirements by
the installation of steel secondary containment in accordance with the
requirements in Subsection D of 20.5.9.904 NMAC.
(1) American Concrete Institute 350-06, “Code
Review for Environmental Engineering Concrete Structures”;
(2) American Concrete Institute 350.2R-04,
“Concrete Structures for Containment of Hazardous Materials”;
(3) American Concrete Institute 224R-01,
“Control of Cracking in Concrete Structures”;
(4) National Association of Corrosion Engineers
International RP0892-2007, “Coatings and Linings Over Concrete for Chemical
Immersion and Containment Service”;
(5) Society of Protective Coatings
TU2/NACE6G197, “Design, Installation and Maintenance of Coating Systems for
Concrete Used in Secondary Containment”;
(6) National Association of Corrosion Engineers
International Standard Number 6/SSPC-SP 13, "Surface Preparation of
Concrete”;
(7) National Association of Corrosion Engineers
International RP0281, “Method for Conducting Coating (Paint) Panel Evaluation
Testing in Atmospheric Exposures”; or
(8) American Society for Testing and Materials
D4258, "Standard Practice for Surface Cleaning Concrete for Coating”.
[20.5.109.908
NMAC - N, 07/24/2018]
20.5.109.909 ABOVE
GROUND STORAGE TANKS AT MARINAS:
A. Owners and
operators of AST systems at marinas shall install an automatic break-away
device to shut off flow of fuel from on-shore piping, which shall be located at
the connection of the on-shore piping and the piping leading to the dock. Owners and operators shall install another
automatic break-away device to shut off flow of fuel located at any connection
between flexible piping and hard piping on the dispenser system and dock. The automatic break-away devices shall be
easily accessible, and their location shall be clearly marked.
B. Owners and
operators of AST systems at marinas shall electrically isolate dock piping
where excessive stray electrical currents are encountered.
C. Owners and operators
of AST systems at marinas shall protect piping from stress due to tidal action.
D. Owners and
operators of AST systems at marinas shall install spill catchment basins in
addition to a system that will allow the level of regulated substance in the AST
to be monitored during a delivery of fuel to the AST. Unless the AST system is equipped with an
audible overfill alarm that will alert the transfer operator at ninety percent
of capacity, and overfill protection which will shut off flow of product during
a fuel delivery to the tank at ninety-five percent, owners and operators shall
visually monitor the delivery of fuel.
E. Owners
and operators shall use one or more of the following to comply with the
requirements in this section:
(1) Petroleum Equipment Institute Publication RP
1000, “Recommended Practices for the Installation of Marina Fueling Systems”;
or
(2) National
Fire Protection Association Standard 30A, “Code for Motor Fuel Dispensing Facilities and Repair Garages”.
[20.5.109.909
NMAC - N, 07/24/2018]
20.5.109.910 SPILL AND OVERFILL PREVENTION:
A. Except as
provided in Subsection B of this section, to prevent spilling and overfilling
associated with transfers of regulated substances to above ground storage tank
systems, owners and operators shall use the following spill and overfill
prevention equipment:
(1) spill
prevention equipment that will prevent release of regulated substances to the
environment when the transfer hose is detached from the fill pipe (for example,
a spill bucket); and
(2) overfill
prevention equipment for ASTs that will:
(a) automatically
shut off flow into the tank when the tank is no more than ninety-five percent
full; or
(b) alert
the transfer operator when the tank is no more than ninety percent full by
restricting the flow into the tank or triggering a high-level audible and
visual alarm.
B. Owners and
operators are not required to use the spill and overfill prevention equipment
specified in Subsections A and G of this section if approved in writing in
advance by the department where:
(1) alternative
equipment is used that is determined by the department to be no less protective
of public health, safety and welfare and the environment than the equipment
specified in Paragraphs (1) or (2) of Subsection A of this section; or
(2) the
above ground storage tank system is filled by transfers of no more than 25
gallons at one time;
C. Flow restrictors
shall not be used in vent lines and shall not be used as overfill prevention
equipment for ASTs.
D. Spill and
overfill prevention equipment must be periodically tested or inspected in
accordance with 20.5.110.1005 NMAC.
E. Owners and
operators of AST systems that were previously exempt from spill and overfill requirements
shall install no later than three years after the effective date of these
regulations, spill and overfill prevention equipment required in Paragraphs (1)
and (2) of Subsection A of this section for any AST system at retail and fleet
refueling facilities where the fill port is located within a secondary
containment system.
F. Overfill
prevention and spill prevention equipment shall be either listed in accordance
with an industry standard or code of
practice developed by a nationally recognized association or independent
testing laboratory for use with flammable and combustible liquids or
approved prior to installation in accordance with Paragraph (1) of Subsection B
of this section.
[20.5.109.910
NMAC - N, 07/24/2018]
20.5.109.911 VENTING
FOR ABOVE GROUND STORAGE TANK SYSTEMS:
A. Owners and
operators shall design and construct venting for all above ground storage tank
systems, 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.
B. Normal
atmospheric tank vents shall be located so that the discharge point is outside
of buildings and higher than the fill pipe opening. Vent pipes shall be installed not less than
15 feet from power ventilation air intake devices and not less than five feet
from a building opening. Vent outlets
and devices shall be designed and installed to minimize blockage. Normal vent piping on AST systems installed
after the effective date of these regulations shall not be used for any purpose
other than venting the tank.
C. Types of vent
pipes.
(1) Vent
pipes that are provided for normal tank venting shall extend at least 12 feet
above ground level.
(2) If
attached to a structure, vent pipes shall extend at least five feet above the
highest projection of the canopy or roof.
(3) Vent
pipes for normal tank venting shall be of appropriate size for the capacity and
operating conditions of the tank.
(4) Emergency
vents shall be of appropriate size for the capacity of the AST and shall be
installed on the primary tank and on the interstice of all double-walled tanks.
D. One of the
following shall be used to comply with the requirements of this section:
(1) Petroleum Equipment Institute Publication
RP200 “Recommended Practices for Installation of Above Ground Storage Tank
Systems for Motor Vehicle Fueling”;
(2) National Fire Protection Association
Standard 30, “Flammable and Combustible Liquids Code”;
(3) Underwriters Laboratories 142, “Steel
Aboveground Tanks for Flammable and Combustible Liquids”; or
(4) International Code Council, “International
Fire Code”.
[20.5.109.911
NMAC - N, 07/24/2018]
20.5.109.912 VAULTS:
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, inspection of, and filling,
emptying, and venting of the tank. Each
tank shall be enclosed in its own vault, although adjacent vaults may share a
common wall. However, for good cause
shown, the department, in its sole discretion, may grant a variance from the
one-tank-one-vault requirement, for existing tanks only, if owners and
operators demonstrate that the variance will provide equivalent protection of
health, safety and welfare and the environment.
(2) Every
vault shall be liquid tight or sealed with no backfill around the tank. If a vault is constructed of concrete, owners
and operators shall ensure it meets the requirements of Subsection B of
20.5.109.904 NMAC.
(3) There
shall be adequate space between the tank and the vault for inspection of the
tanks and its appurtenances.
(4) Above-grade
vaults shall be resistant to damage from the impact of a motor vehicle, or
suitable collision barriers shall be installed.
(5) A
vault shall include connections to permit venting of each vault to dilute,
disperse, and remove any vapors prior to personnel entering the vault.
(6) A
vault shall be equipped with a detection system capable of detecting liquids,
including water, and capable of activating an audible alarm.
(7) A
vault shall include a means for recovering liquid from the vault.
(a) If
a pump is used to meet this requirement, it shall not be permanently installed
in the vault.
(b) Electric-powered
portable pumps shall meet the requirements of 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.
(c) National Fire Protection Association
Standard 70, “National Electrical Code” shall be used to comply with the
requirements of this paragraph.
B. Vault
construction. Owners and operators shall
design and construct:
(1) the
walls and floor of a vault of reinforced concrete at least six inches thick;
(2) the
top of an above-grade vault of noncombustible material, and shall design and
construct the top:
(a) to
be weaker than the walls of the vault, to ensure that the thrust of any
explosion occurring inside the vault is directed upward before significantly
high pressure can develop within the vault; and
(b) to
safely relieve or contain the force of any explosion occurring inside the
vault.
(3) the
top and floor of the vault and the tank foundation to withstand the anticipated
loading, including loading from vehicular traffic, where applicable; and
(4) the
walls and floor of any vault installed below grade in compliance with good
engineering practice to withstand anticipated soil and hydrostatic loading.
C. All tanks,
piping and other associated equipment in the interior of a vault shall meet the
requirements of 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. One of the following shall be used to comply
with this requirement:
(1) National Fire Protection Association
Standard 70, “National Electrical Code”; or
(2) Underwriters Laboratories 2245, “Standard
for Below-Grade Vaults for Flammable Liquid Storage Tanks”.
D. Venting
of vaults.
(1) Vent
pipes that are provided for normal tank venting shall extend at least 12 feet
above ground level.
(2) Emergency
vents shall be vapor tight and may be permitted to discharge inside the vault.
(3) Owners
and operators shall not use long-bolt manhole covers for this purpose.
(4) Owners
and operators shall ensure that all vault vents meet the requirements of 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. The following
shall be used to comply with this requirement: National Fire Protection Association Standard 91, “Standard for Exhaust
Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate
Solids”.
E. Vault entry.
(1) A
vault shall include a method of personnel entry.
(2) Owners
and operators shall post a warning sign indicating procedures for safe entry at
each entry point.
(3) Owners
and operators shall secure each entry point against unauthorized entry and
vandalism.
(4) Owners
and operators shall provide each vault with a suitable means for admission of a
fire suppression agent.
[20.5.109.912
NMAC - N, 07/24/2018]
20.5.109.913 GENERAL PERFORMANCE STANDARDS FOR
PIPING:
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 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 use one or more of
the following to comply with the requirements of this section:
(1) third
party certification from a nationally recognized laboratory;
(2) American Society of Mechanical Engineering
Standard B31.3, “Process Piping”;
(3) American Society of Testing and Materials
A53, “Standard Specification for Pipe, Steel, Black and Hot-Dipped,
Zinc-Coated, Welded and Seamless”;
(4) American Society of Testing and Materials
A106, “Standard Specification for Seamless Carbon Steel Pipe for
High-Temperature Service”; or
(5) American Society of Testing and Materials
A135, “Standard Specification for Electric-Resistance-Welded Steel Pipe”.
B. Owners
and operators shall ensure that piping is compatible with any regulated substance
conveyed in accordance with 20.5.110.1009 NMAC.
C. Owners
and operators shall protect all piping from impact, settlement, vibration,
expansion, corrosion, and damage by fire.
D. Owners
and operators shall install a containment sump at any point where piping
transitions from above the surface of the ground to below the ground surface.
Containment sumps shall be either listed in accordance with an industry standard or code of
practice developed by a nationally recognized association or independent testing
laboratory
for use with flammable and combustible liquids or approved prior to
installation by the Department in accordance with the alternate methods
requirements in 20.5.109.920 NMAC.
E. If
owners and operators install more than one type of piping at a storage tank
system, then owners and operators shall comply with the requirements applicable
to each type of piping for that run of piping.
[20.5.109.913
NMAC - N, 07/24/2018]
20.5.109.914 PERFORMANCE STANDARDS FOR PIPING
CONSTRUCTED OF NON-CORRODIBLE MATERIAL:
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;
(3) have
a suitable cover approved by the piping manufacturer; or
(4) have
equivalent protection approved by the piping manufacturer and approved by the
department prior to installation.
B. If
owners and operators install non-corrodible piping in an AST system, the piping
shall be double-walled.
C. Owners and operators shall ensure
that the piping meets the requirements of 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, and
that the piping is approved by the manufacturer for the application for which
it is to be used. Owners and operators
shall use one or more of the following to comply with this requirement:
(1) Underwriters Laboratories Standard 971,
“Standard for Nonmetallic Underground Piping for Flammable Liquids”; or
(2) Underwriters Laboratories of Canada Standard
S660, “Standard for Nonmetallic Underground Piping for Flammable and
Combustible Liquids”.
[20.5.109.914
NMAC - N, 07/24/2018]
20.5.109.915 PERFORMANCE STANDARDS FOR STEEL PIPING
FOR AST SYSTEMS: 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 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 install all piping in accordance with the piping manufacturer’s
recommendations.
A. Steel
piping for ASTs shall be coated with a suitable material approved by the piping
manufacturer and shall be either:
(1) totally
above the ground with all surfaces visible; or
(2) entirely
contained in secondary containment that complies with the requirements of
20.5.109.916 NMAC.
B. Steel
piping with an internal diameter greater than two inches shall be welded or
flanged together.
C. Owners
and operators shall use one or more of the following to comply with the
requirements of this section:
(1) American Society of Mechanical Engineering
Standard B31.3, “Process Piping”;
(2) American Society of Testing and Materials
A53, “Standard Specification for Pipe, Steel, Black and Hot-Dipped,
Zinc-Coated, Welded and Seamless”; or
(3) American Society of Testing and Materials A
135, “Standard Specification for Electric-Resistance-Welded Steel Pipe”.
[20.5.109.915
NMAC - N, 07/24/2018]
20.5.109.916 SECONDARY CONTAINMENT FOR AST
PIPING: 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; or
C. steel
piping that meets the requirements of 20.5.109.915 NMAC.
[20.5.109.916
NMAC - N, 07/24/2018]
20.5.109.917 SECONDARY CONTAINMENT FOR AST
DISPENSERS: 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 manufacturer’s recommendations.
B. The following
may be used to comply with this containment sump requirement: dispenser liners,
under-dispenser containment, dispenser pans, and dispenser sump liners.
C. Under-dispenser
containment sumps shall be either listed in accordance with an industry standard or code of
practice developed by a nationally recognized association or independent
testing laboratory for use with flammable and combustible liquids or
approved prior to installation by the department in accordance with the
alternate methods requirements in 20.5.109.920 NMAC.
[20.5.109.917
NMAC - N, 07/24/2018]
20.5.109.918 LOADING RACKS:
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 operators
shall use one or more of the following to comply with the requirements of this
section:
(1) American Petroleum Institute Standard 2610,
“Design, Construction, Operation,
Maintenance & Inspection of Terminal and Tank Facilities”;
(2) National Fire Protection Association
Standard 30, “Flammable and
Combustible Liquids Code”;
(3) International Code Council, “International Fire Code”; or
(4) Petroleum
Equipment Institute RP 800, “Recommended Practices for Installation of Bulk
Storage Plants”.
B. Owners
and operators of aviation fuel storage tank systems who install loading racks
shall comply with National Fire
Protection Association Standard 407, “Standard for Aircraft Fuel Servicing”.
C. Owners and
operators shall install a containment system that is designed to contain all
releases of regulated substances that occur during loading and unloading
operations at the loading rack. For all
loading racks, owners and operators shall install either:
(1) a
drainage system, or secondary containment system meeting the requirements of
20.5.109 NMAC, with a catchment basin capable of containing the largest
compartment of a tank car or tanker truck that is loaded or unloaded at the
facility; or
(2) a
drainage system that is connected to a treatment facility designed to receive
releases of regulated substances that occur during loading and unloading
operations.
D. Owners and
operators shall ensure that loading racks are at least 25 feet from ASTs
containing class I liquids (such as gasoline), buildings, and property
lines. Owners and operators shall ensure
that loading racks are at least 15 feet from tanks containing class II or class
III liquids.
[20.5.109.918
NMAC - N, 07/24/2018]
20.5.109.919 REQUIRED CERTIFICATIONS:
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
of cathodic protection of steel tanks and piping in 20.5.109.902 NMAC and
Subsection D of 20.5.109.904 NMAC;
(3) financial
responsibility under 20.5.117 NMAC; and
(4) release
detection in 20.5.111 NMAC.
B. Installer
certification. All owners and operators
of new above ground storage tank systems shall ensure that the installer
certifies in the registration form required by 20.5.102 NMAC that the methods
used to install the tanks and piping comply with the requirements in 20.5.109
NMAC.
C. Certification of
installation. For installations after
August 15, 2003, owners and operators shall demonstrate compliance with the
installation standards in 20.5.109.900 NMAC.
Owners and operators shall provide a certification of installation on
the AST registration form required by 20.5.102 NMAC, which asserts that all of
the following methods of certification, testing, and inspection were used to
demonstrate compliance with installation requirements of the AST system:
(1) the
installer has been certified by the tank and piping manufacturers;
(2) the
installer has been certified or licensed as required in 20.5.105 NMAC;
(3) the
installer has notified, submitted required documentation to, and the
installation has been inspected by the department; and
(4) all
work listed in the manufacturer’s installation checklists has been completed.
[20.5.109.919
NMAC - N, 07/24/2018]
20.5.109.920 ALTERNATE METHODS:
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 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.
B. The department
shall not grant the request unless owners and operators demonstrate that the
request will provide equivalent protection of public health, safety and welfare
and the environment.
[20.5.109.920
NMAC - N, 07/24/2018]
[The
department provides an optional form that may be used to request approval of an
alternate method. The form is
available
on the Petroleum Storage Tank Bureau’s pages on the department website or by
contacting the Petroleum Storage Tank Bureau at 505-476-4397 or 2905 Rodeo Park
Drive East, Building 1, Santa Fe, New Mexico 87505.]
Pre-NMAC History: The material in this part was derived
from that previously filed with the commission of
public records - state records center
and archives.
EIB/USTR-4, Underground Storage Tank
Regulations - Part IV - New and Upgraded UST Systems: Design,
Construction, and Installation, filed
9/12/88
EIB/USTR-4, Underground Storage Tank
Regulations - Part IV - New and Upgraded UST Systems: Design,
Construction, and Installation, filed
8/4/89
EIB/USTR-4, Underground Storage Tank
Regulations - Part IV - New and Upgraded UST Systems: Design,
Construction, and Installation, filed
6/12/90
History of Repealed Material: 20 NMAC 5.4, Underground Storage Tanks,
New and Upgraded UST Systems:
Design, Construction, and Installation
(filed 2/27/97), repealed 8/15/03.
20.5.4 NMAC, Petroleum Storage Tanks,
New and Upgraded Tank Systems: Design, Construction and Installation
(filed 7/16/03) repealed 4/4/08.
20.5.4 NMAC, Petroleum Storage Tanks,
New and Upgraded Tank Systems: Design, Construction and Installation
(filed 4/4/08) repealed 07/24/2018.
Other History:
EIB/USTR-4, Underground Storage Tank
Regulations - Part IV - New and Upgraded UST Systems: Design,
Construction, and Installation (filed
6/12/90), renumbered, reformatted and replaced by 20 NMAC 5.4, New and
Upgraded UST Systems: Design,
Construction, and Installation, effective 11/5/95.
20 NMAC 5.4, Underground Storage Tanks,
New and Upgraded UST Systems: Design, Construction, and
Installation (filed 10/6/95) replaced by
20 NMAC 5.4, New and Upgraded UST Systems: Design, Construction, and
Installation, effective 4/1/97.
20 NMAC 5.4, Underground Storage Tanks,
New and Upgraded UST Systems: Design, Construction, and
Installation (filed 2/27/97) was
renumbered, reformatted and replaced by 20.5.4 NMAC, New and Upgraded Tank
Systems: Design, Construction and
Installation, effective 8/15/03.
20.5.4 NMAC, Petroleum Storage Tanks,
New and Upgraded Tank Systems: Design, Construction and Installation
(filed 8/15/03) was replaced by 20.5.109
NMAC, Petroleum Storage Tanks, New and Upgraded Above Ground Storage Tank
Systems: Design, Construction and Installation, effective 7/24/18.