New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 5 - PETROLEUM STORAGE TANKS
Part 101 - GENERAL PROVISIONS
Section 20.5.101.2 - SCOPE
Current through Register Vol. 35, No. 18, September 24, 2024
A. This part applies to 20.5.101 through 20.5.125 NMAC.
B. Any UST system holding hazardous wastes that are listed or identified under Subtitle C of the federal Resource Conservation and Recovery Act, or a mixture of such hazardous waste and other hazardous regulated substances, is excluded from these regulations. This subsection does not apply to any UST system containing petroleum.
C. Previously deferred storage tank systems: Airport hydrant fuel distribution systems and UST systems with field-constructed tanks must meet all applicable requirements of 20.5 NMAC, including those in 20.5.114 NMAC, and storage tank systems that store fuel for use by emergency power generators must meet all applicable requirements of 20.5 NMAC, including those in 20.5.112 NMAC or 20.5.113 NMAC.
D. The following types of storage tank systems are excluded from the requirements of 20.5.102 through 20.5.125 NMAC:
E. Partial Exclusions. 20.5.103 NMAC through 20.5.116 NMAC, 20.5.120 NMAC through 20.5.123 NMAC, and 20.5.125 NMAC do not apply to:
F. Notwithstanding the foregoing exclusions, no person may install a storage tank system listed in Subsection D of this section for the purpose of storing regulated substances unless such storage tank system (whether of single- or double-walled construction):
G. 20.5.106 NMAC, 20.5.107 NMAC, 20.5.108 NMAC, 20.5.115 NMAC, 20.5.117 NMAC, and 20.5.118 NMAC shall not apply to an existing AST or UST system which has never contained a regulated substance until the system is placed in service.