Current through Register Vol. 35, No. 18, September 24, 2024
A. Terms beginning
with numerals or the letter "A."
(1) "Above
ground release" means any release to the surface of the land or to surface
water. This includes, but is not limited to, releases from the above ground
portion of an underground storage tank system and releases associated with
overfills and transfer operations during regulated substance deliveries to or
dispensing from an UST system.
(2)
"Above ground storage tank" or "AST" means a single tank or combination of
manifolded tanks, including pipes connected thereto, that is 1,320 gallons or
more, and less than 55,000 gallons, is permanently installed, and is used to
contain petroleum, including crude oil or any fraction thereof that is liquid
at standard conditions of temperature and pressure of 60 degrees fahrenheit and
fourteen and seven-tenths pounds per square inch absolute, and the volume of
which is more than ninety percent above the surface of the ground. Tanks in
vaults and special enclosures are ASTs. A compartment tank with combined total
capacity greater than 1,320 gallons and less than 55,000 gallons is an AST and
for purposes of these regulations is considered to be one tank regardless of
the number of compartments and the number of regulated substances contained.
Above ground storage tank does not include (regardless of size) any:
(a) farm, ranch or residential tank used for
storing motor fuel for noncommercial purposes;
(b) pipeline facility, including gathering
lines regulated under the federal Natural Gas Pipeline Safety Act of 1968 or
the federal Hazardous Liquid Pipeline Safety Act of 1979, or that is an
intrastate pipeline facility regulated under state laws comparable to either
act;
(c) surface impoundment, pit,
pond or lagoon;
(d) storm water or
wastewater collection system;
(e)
flow-through process tank;
(f)
liquid trap, tank or associated gathering lines or other storage methods or
devices related to oil, gas or mining exploration, production, transportation,
refining, processing or storage, or to oil field service industry
operations;
(g) tank used for
storing heating oil for consumptive use on the premises where stored;
(h) tanks, bulk terminals, or related
pipelines and facilities owned or used by a refinery, natural gas processing
plant or pipeline company in the regular course of their refining, processing
or pipeline business; bulk plants are not included in the exemption;
(i) multiple tanks at a facility, that are
individually less than 1,320 gallons, unless tanks that are siphoned together
have a cumulative total capacity greater than 1,320 gallons;
(j) pipes connected to any tank exempted by
Subparagraphs (a) through (i) of this paragraph.
(3) "Accidental release" means any sudden or
non-sudden release neither expected nor intended by the tank owner or operator
of petroleum or other regulated substance from a storage tank that results in a
need for corrective action or compensation for bodily injury or property
damage.
(4) "Airport hydrant fuel
distribution system" (also called airport hydrant system) means an AST or UST
system or a combination thereof which fuels aircraft and operates under high
pressure with large diameter piping that typically terminates into one or more
hydrants (fill stands). The airport hydrant system begins where fuel enters one
or more regulated tanks from an external source such as a pipeline, barge, rail
car, or other motor fuel carrier. AST systems with a capacity of 55,000 gallons
or more associated with airport hydrant fuel distribution systems must comply
with 20.5.101 NMAC, 20.5.102 NMAC, 20.5.117 NMAC, 20.5.118 NMAC, 20.5.119 NMAC,
and 20.5.124 NMAC.
(5) "Ancillary
equipment" means any device including, but not limited to, such devices as
piping, fittings, flanges, valves, and pumps associated with a storage
tank.
(6) "Applicable standards"
means the most relevant target concentrations that legally apply to a
site.
(7) "AST system" means an
above ground storage tank and its associated ancillary equipment and
containment system, if any.
B. Terms beginning with the letter "B."
(1) "Basin sump" means a liquid-tight
collection container with no valves, joints or other penetrations.
(2) "Below ground release" means any release
to the subsurface of the land or to groundwater. This includes, but is not
limited to, releases from the below ground portions of a storage tank system
and releases associated with overfills and transfer operations as the regulated
substance is delivered to or dispensed from a storage tank.
(3) "Beneath the surface of the ground" means
beneath the ground surface or otherwise covered with materials so that physical
inspection is precluded.
(4)
"Bodily injury" shall have the meaning given to this term by applicable state
law; however, this term shall not include those liabilities which, consistent
with standard insurance industry practices, are excluded from coverage in
liability insurance policies for bodily injury.
(5) "Bulk plant" means a facility which is
not a bulk terminal, and which is used for the temporary storage of petroleum
products prior to delivery to gasoline stations, convenience stores, and
commercial accounts, which is smaller than a bulk terminal and is not equipped
with any processing equipment.
(6)
"Bulk terminal" means a large facility for storing and handling petroleum
products that receives and stores bulk deliveries of gasoline and other
products from a pipeline, barges, or directly from a nearby refinery. Equipment
at the terminal facility is usually capable of further processing the product,
including but not limited to: injection of additives or conversion of gasoline
vapors received from transports after making deliveries using stage one vapor
recovery back to liquid form.
(7)
"Bureau" means the New Mexico petroleum storage tank bureau.
C. Terms beginning with the letter
"C."
(1) "Cathodic protection" means a
technique to prevent corrosion of a metal surface by making that surface the
cathode of an electrochemical cell through the application of either galvanic
anodes or impressed current.
(2)
"Certified installer" refers generally to both AST and UST certified
installers.
(3) "Certified
installer-AST" means an individual who has been certified by the department
under 20.5.105 NMAC to install, replace, repair, and modify AST systems in this
state.
(4) "Certified
installer-UST" means an individual who has been certified by the department
under 20.5.105 NMAC to install, replace, repair, and modify UST systems in this
state.
(5) "Certified junior
installer" refers generally to both AST and UST certified junior
installers.
(6) "Certified junior
installer-AST" means an individual who has been certified by the department
under 20.5.105 NMAC to install, replace, repair, and modify spill prevention
equipment and overfill prevention equipment on AST systems regulated under 20.5
NMAC.
(7) "Certified junior
installer-UST" means an individual who has been certified by the department
under 20.5.105 NMAC to install, replace, repair, and modify spill prevention
equipment and overfill prevention equipment on UST systems regulated under 20.5
NMAC.
(8) "Certified operator"
means a class A, B, or C operator trained and certified according to the
requirements of 20.5.105 NMAC.
(9)
"Change in service" means removing a regulated substance from a storage tank
system and placing something in the system that is not a regulated
substance.
(10) "Chief financial
officer," in the case of local government owners and operators, means the
individual with the overall authority and responsibility for the collection,
disbursement, and use of funds by the local government.
(11) "Class A operator" means the individual
who has primary responsibility to operate and maintain the storage tank system
in accordance with 20.5 NMAC. The class A operator typically manages resources
and personnel, such as establishing work assignments, to achieve and maintain
compliance with regulatory requirements.
(12) "Class B operator" means the individual
who has day-to-day responsibility for implementing the requirements of 20.5
NMAC. The class B operator typically implements in-field aspects of operation,
maintenance, and associated recordkeeping for the storage tank
system.
(13) "Class C operator"
means the individual responsible for initially addressing emergencies presented
by a spill or release from a storage tank system. The class C operator
typically controls or monitors the dispensing or sale of regulated
substances.
(14) "Class I liquid"
means any flammable liquid having a flashpoint below 100.0 degrees fahrenheit
(37.8 degrees celsius) and that meets one of the following sub classes:
(a) Class IA liquids include those having
flashpoints below 73 degrees fahrenheit (22.8 degrees celsius) and boiling
points below 100 degrees fahrenheit (37.8 degrees celsius);
(b) Class IB liquids include those having
flashpoints below 73 degrees fahrenheit (22.8 degrees celsius) and boiling
points at or above 100 degrees fahrenheit (37.8 degrees celsius); or
(c) Class IC liquids include those having
flash points at or above 73 degrees fahrenheit (22.8 degrees celsius) but below
100 degrees fahrenheit (37.8 degrees celsius).
(15) "Class II Liquid" means a combustible
liquid having flash points at or above 100 degrees fahrenheit (37.8 degrees
celsius) and below 140 degrees fahrenheit (60 degrees), except any mixture
having components with flashpoints of 200 degrees fahrenheit (93.3 degrees
celsius) or higher, the volume of which make up ninety-nine percent or more of
the total volume of the mixture.
(16) "Class III Liquid" means a combustible
liquid having flashpoints at or above 140 degrees fahrenheit (60 degrees
celsius) and that meets one of the following sub classes. Where the term "Class
III liquid" is used, it shall mean only Class IIIA liquids.
(a) Class IIIA liquids include those having
flash points at or above 140 degrees fahrenheit (60 degrees celsius) and below
200 degrees fahrenheit (93.3 degrees celsius) except any mixture having
components with flashpoints of 200 degrees fahrenheit (93.3 degrees celsius),
or higher, the total volume of which make up ninety-nine percent or more of the
total volume of the mixture;
(b)
Class IIIB liquids include those having flash points at or above 200 degrees
fahrenheit (93.3 degrees celsius);
(c) any liquid that has a flash point at or
above 200 degrees fahrenheit or 93 degrees celsius.
(17) "Community water system" means a public
water system which serves at least 15 service connections used by year-round
residents or regularly serves at least 25 year-round residents.
(18) "Compatible" means the ability of two or
more substances to maintain their respective physical and chemical properties
upon contact with one another for the design life of the storage tank system
and under varied environmental conditions (i.e., at different
temperatures).
(19) "Connected
piping" means all above ground and underground piping including valves, elbows,
joints, flanges, and flexible connectors attached to a tank system through
which regulated substances flow. For the purpose of determining how much piping
is connected to any individual storage tank system, the piping which joins the
two storage tank systems should be allocated equally between them.
(20) "Consumptive use" with respect to
heating oil means the oil is burned on the premises.
(21) "Contain" means the stopping of further
migration of a regulated substance from a release into or through groundwater,
surface water or soil.
(22)
"Containment" means that contamination from a release has been contained and is
not spreading, migrating, spilling, infiltrating or otherwise traveling into
uncontaminated areas. Verification of containment requires the performance of
physical measurements that provide positive proof that contamination is
contained.
(23) "Containment sump"
means a liquid-tight container that protects the environment by containing
leaks and spills of regulated substances from piping, dispensers, pumps, and
related components in the containment area. Containment sumps may be single
walled or secondarily contained and located at the top of tank (tank top or
submersible turbine pump sump), underneath the dispenser (under-dispenser
containment sump), or at other points in the piping run (transition or
intermediate sump). Containment sumps may have valves, joints or penetrations,
such as piping penetrations.
(24)
"Contaminant" means any regulated substance as defined in this section, any
constituent of a regulated substance, or any combination of a regulated
substance or constituent thereof with any other substance or matter.
(25) "Contaminant of concern" means any
contaminant which is suspected of being released at the site based on site
history for which:
(a) the New Mexico water
quality control commission has adopted standards pursuant to the Water Quality
Act, Sections
74-6-1
through
74-6-17
NMSA 1978;
(b) the New Mexico
environmental improvement board has adopted standards, action levels,
risk-based screening levels or site-specific target levels pursuant to the
Hazardous Waste Act, the Ground Water Protection Act, or the Environmental
Improvement Act; or
(c) the New
Mexico environment department has established or approved site-specific target
levels pursuant to the Hazardous Waste Act, the Ground Water Protection Act, or
the Environmental Improvement Act.
(26) "Contaminant saturated soil" means soil
exclusive of the water table and capillary fringe in which non-aqueous phase
liquid is observable in the soil or, if sufficiently liquid, drains from the
soil when the soil is suspended on filter paper or its equivalent.
(27) "Contaminated soil" means soil
containing detectable quantities of contaminants of concern.
(28) "Contractor" means a person who has an
agreement to perform corrective action on behalf of the state or owners or
operators.
(29) "Controlling
interest" means direct ownership or other legal control of at least fifty
percent of the voting stock of another entity.
(30) "Corrective action" means an action
taken to investigate, minimize, eliminate, or clean up a release to protect the
public health, safety, and welfare or the environment.
(31) "Corrective action fund" or "fund" means
the fund created pursuant to the Ground Water Protection Act, Section
74-6B-7
NMSA 1978, to pay or reimburse for corrective action performed pursuant to 20.5
NMAC and the Ground Water Protection Act.
(32) "Corrosion expert" means a person who,
by reason of thorough knowledge of the physical sciences and the principles of
engineering and mathematics acquired by a professional education and related
practical experience, is qualified to engage in the practice of corrosion
control on buried or submerged metal piping systems and metal tanks. Such a
person must be accredited or certified as being qualified by the national
association of corrosion engineers international (NACE). A corrosion expert
shall only perform the specific activities required by these rules for which he
is qualified, certified, registered or licensed; for example, a NACE licensed
cathodic protection tester shall not design a cathodic protection system unless
he is also a NACE licensed cathodic protection technologist, specialist or has
another equivalent qualification, certification, registration or
license.
(33) "Corrosion prevention
plan" means a plan approved in writing by a corrosion expert for a UST or AST
or associated piping, or secondary containment, which plan is designed to
maintain the integrity of the tank or piping for its useful life.
(34) "Corrosion protection" means a technique
to prevent corrosion of a metal surface by making that surface the cathode of
an electrochemical cell through the application of either galvanic anodes or
impressed current, or by isolating the metal surface from soil, water, or other
elements that can cause corrosion, including but not limited to application of
a paint or coating material approved for use as corrosion protection.
(35) "Critical junctures" means the steps of
an installation, replacement, modification, repair or removal of a storage tank
system or any part of a storage tank system, which are important to the
prevention of releases and which are more specifically described in 20.5.106,
20.5.107, 20.5.109, 20.5.110 and 20.5.115 NMAC.
D. Terms beginning with the letter "D."
(1) "Deductible" means the first ten thousand
dollars ($10,000) of minimum site assessment costs, or any lesser amount
determined in accordance with 20.5.123 NMAC.
(2) "Department" means the New Mexico
environment department, also known as the New Mexico department of
environment.
(3) "Dielectric
material" means a material that does not conduct direct electrical current.
Dielectric coatings are used to electrically isolate storage tank systems from
the surrounding soils. Dielectric bushings are used to electrically isolate
portions of storage tank systems, such as tank from piping.
(4) "Director" means the secretary of the New
Mexico environment department also known as the secretary of the environment or
as delegated to the director of the resource protection division of the
department.
(5) "Direct responsible
supervisory control" means responsibility for the direction, control, or
supervision of investigation and remediation activities to assure that the work
is performed in accordance with appropriate industry and regulatory quality
standards.
(6) "Dispenser" means
equipment located above ground that dispenses regulated substances from the
storage tank system.
(7) "Dispenser
system" means the dispenser and the equipment necessary to connect the
dispenser to the storage tank system.
E. Terms beginning with the letter "E."
(1) "Effectively mitigating" means that the
approach taken to corrective action has contained the release and is achieving
reductions in contamination levels such that the standards described in
20.5.119 and 20.5.120 NMAC will be met in a manner protective of public health,
safety and welfare and the environment, within the period of time specified in
the plan for remediation by monitored natural attenuation or
otherwise.
(2) "EIB" means the
environmental improvement board.
(3) "EIB standards" means standards set forth
in 20.5.119, 20.5.120 and 20.7.10 NMAC.
(4) "Electrical equipment" means equipment
which contains dielectric fluid which is necessary for the operation of
equipment such as transformers and buried electrical cable.
(5) "Emergency generator system" means any
UST or AST system that stores any regulated substance for use by emergency
power generators.
(6) "Emergency
repair" means a repair required by immediate danger of a release, or by an
immediate threat to public health, safety and welfare, or to the
environment.
(7) "Environmental
improvement board" (EIB) means the board created in the Environmental
Improvement Act, Sections
74-1-1
through
74-1-17
NMSA 1978.
(8) "Environmental
Improvement Act" means the Environmental Improvement Act, Sections
74-1-1
through
74-1-17
NMSA 1978.
(9) "Excavation zone"
means the area containing the storage tank system and backfill material bounded
by the ground surface, walls, and floor of the pit and trenches into which the
UST system is placed at the time of installation.
(10) "Existing AST system" means an AST
system which is used to contain an accumulation of regulated substances or for
which installation commenced on or before June 14, 2002. Installation will be
considered to have commenced if the owner or operator has obtained all federal,
state and local approvals or permits necessary to begin physical construction
at the site or installation of the tank system, and if either:
(a) a continuous on-site physical
construction or installation program has begun, or
(b) the owner or operator has entered into
contractual obligations, which cannot be canceled or modified without
substantial loss, for physical construction at the site or installation of the
tank system to be completed within a reasonable time.
(11) "Existing UST system" means a UST system
which is used to contain an accumulation of regulated substances or for which
installation has commenced on or before December 22, 1988. Installation will be
considered to have commenced if the owner or operator has obtained all federal,
state and local approvals or permits necessary to begin physical construction
of the site or installation of the tank system, and if either:
(a) a continuous on-site physical
construction or installation program has begun, or
(b) the owner or operator has entered into
contractual obligations, which cannot be canceled or modified without
substantial loss, for physical construction at the site or installation of the
tank system to be completed within a reasonable time.
(12) "Exposed petroleum products" means
petroleum that is present in the non-aqueous phase (i.e. not dissolved in
water) on the surface of the ground, on surface water, or in any surface or
subsurface structures such as utility corridors, basements and
manholes.
(13) "Exposed hazardous
substance" means a regulated substance other than petroleum that is present on
the surface of the ground, on surface water, or in any surface or subsurface
structures such as utility corridors, basements or manholes.
F. Terms beginning with the letter
"F."
(1) "Facility" means a property location
that contains storage tanks.
(2)
"Facility ID number" is a department-issued facility identification
number.
(3) "Farm tank" is a tank
located on a tract of land devoted to the production of crops or raising
animals, including fish, and associated residences and improvements. A farm
tank must be located on the farm property. "Farm" includes fish hatcheries,
range land and nurseries with growing operations.
(4) "Field-constructed tank" means a tank
constructed in the field. For example, a tank constructed of concrete that is
poured in the field, or a steel or fiberglass tank primarily fabricated in the
field. AST systems with a capacity of 55,000 gallons or more associated with
UST systems with field-constructed tanks must comply with 20.5.101 NMAC,
20.5.102 NMAC, 20.5.117 NMAC, 20.5.118 NMAC, 20.5.119 NMAC, and 20.5.124
NMAC.
(5) "Financial reporting
year" means the latest consecutive twelve-month period for which any of the
following reports used to support a financial test is prepared:
(a) a 10-K report submitted to the
SEC;
(b) an annual report of
tangible net worth submitted to Dun and Bradstreet; or
(c) annual reports submitted to the energy
information administration or the rural utilities service; "financial reporting
year" may thus comprise a fiscal or a calendar year period.
(6) "Flow restrictor" means an
overfill prevention device that decreases the flow of a regulated substance
into a UST during a delivery at a preset height by decreasing the flow of
vapors out of the UST.
(7)
"Flow-through process tank" is a tank that forms an integral part of a
production process through which there is a steady, variable, recurring, or
intermittent flow of materials during the operation of the process.
Flow-through process tanks do not include tanks used for the storage of
materials prior to their introduction into the production process or for the
storage of finished products or by-products from the production
process.
(8) "Free product" refers
to a regulated substance that is present as a non-aqueous phase liquid (for
example, liquid not dissolved in water).
(9) "Functionality test" means a test for
automatic line leak detectors which determines whether they are operating
correctly.
(10) "Fund" means the
corrective action fund which was created pursuant to Section
74-6B-7
NMSA 1978, to pay or reimburse for corrective action required at leaking
storage tank sites.
G.
Terms beginning with the letter "G."
(1)
"Gathering lines" means any pipeline, equipment, facility, or building used in
the transportation of oil or gas during oil or gas production or gathering
operations.
(2) "Ground Water
Protection Act" means the Ground Water Protection Act, Sections
74-6B-1
through
74-6B-14
NMSA 1978.
H. Terms
beginning with the letter "H."
(1) "Hazardous
substance UST system" or "hazardous substance UST" means an underground storage
tank system that contains an accumulation of hazardous substances defined in
Section 101(14) of the federal Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) but not including any substance
regulated as a hazardous waste under Subtitle C of the federal Resource
Conservation and Recovery Act (RCRA). Hazardous substance UST includes a tank
with a mixture of such substances and petroleum, but which is not a petroleum
UST system.
(2) "Hazardous Waste
Act" means the Hazardous Waste Act, Sections
74-4-1
through
74-4-14
NMSA 1978.
(3) "Heating oil" means
petroleum that is No. 1; No. 2; No. 4--light; No. 4-heavy; No. 5-light; No.
5-heavy; and No. 6 technical grades of fuel oil; other residual fuel oils
(including navy special fuel oil and bunker C); and other fuels when used as
substitutes for one of these fuel oils. Heating oil is typically used in the
operation of heating equipment, boilers, or furnaces.
(4) "Hybrid storage tank system" means a
storage tank system where any combination of above ground and underground
storage tank systems are connected in a manner where fuel enters one tank from
the other tank under pressure or gravity flow but is not part of a siphon
system.
(5) "Hydraulic lift tank"
means a tank holding hydraulic fluid for a closed-loop mechanical system that
uses compressed air or hydraulic fluid to operate lifts, elevators, and other
similar devices.
I. Terms
beginning with the letter "I".
(1) "Imminent
threat to public health and the environment" means a condition that creates a
substantial probability of harm, when the probability and potential extent of
harm make it reasonably necessary to take immediate action to prevent, reduce,
or mitigate the actual or potential damages to public health and the
environment.
(2) "Incurred" means
billed to the owner or operator.
(3) "Initiation of containment" means the
point in time at which a system designed to achieve containment is put into
continuous operation.
(4) "Install"
or "installation" means the work involved in placing a storage tank system or
any part thereof in, on or above the ground and preparing it to be placed in
service.
(5) "Installation Date"
means for existing storage tank systems, the date when a regulated substance
was placed in the tank, or where the date is unknown, the approximate date the
installation was completed. For a new installation, the date a regulated
substance is first placed in each tank.
(6) "Installation of a new or replaced motor
fuel dispenser system" means the installation of a new motor fuel dispenser and
the equipment necessary to connect the dispenser to the storage tank system,
but shall not mean the installation of a motor fuel dispenser installed
separately from the equipment needed to connect the dispenser to the storage
tank system. The equipment necessary to connect the motor fuel dispenser to the
storage tank system may include check valves, shear valves, unburied risers or
flexible connectors, or other transitional components that are beneath the
dispenser and connect the dispenser to the underground piping.
(7) "Integrity test" means an evaluation
process that has been independently tested and approved by a nationally
recognized association or independent testing laboratory to determine, in the
case of a UST, the suitability of the tank for continuous containment of a
regulated substance, or, in the case of an AST, both the suitability of the
tank for continuous containment of a regulated substance and the necessary
hydraulic properties of the tank to contain the outward pressure of the
regulated substance.
(8) "Internal
inspection" means a formal inspection of an AST by an inspector authorized by
the American petroleum institute or certified by the steel tank institute. The
inspection shall determine whether the AST tank bottom or shell is severely
corroded and leaking, and shall include an evaluation of the tank bottom and
shell thickness to see whether they meet minimum thickness requirements. The
inspector shall visually examine all tanks included in the inspection and, if
applicable, check for tank bottom settlement.
(9) "Interstitial monitoring" is a leak
detection method which surveys the space between a storage tank system's walls
and the secondary containment system for a change in steady state
conditions.
(10) "Inventory
controls" are techniques used to identify a loss of product that are based on
volumetric measurements in the tank and reconciliation of those measurements
with product delivery and withdrawal records.
J. Terms beginning with the letter
"J."
K. Terms beginning with the
letter "K."
L. Terms beginning with
the letter "L."
(1) "Landfarming" is the
remediation of petroleum contaminated soils on or at ground surface using
natural aeration and volatilization, disking and natural and enhanced
bioremediation to reduce the concentrations of petroleum hydrocarbons to
regulatory levels; requires a groundwater discharge permit.
(2) "Leak" means any spilling, emitting,
discharging, escaping, or disposing of a regulated substance due to the failure
of components of a storage tank system to contain a regulated substance as
designed. A leak may or may not result in a release to the
environment.
(3) "Legal defense
cost" is any expense that an owner or operator or provider of financial
assurance incurs in defending against claims or actions brought:
(a) by EPA or a state to require corrective
action or to recover the costs of corrective action;
(b) by or on behalf of a third party for
bodily injury or property damage caused by an accidental release; or
(c) by any person to enforce the terms of a
financial assurance mechanism.
(4) "Liquid" means any material that has a
fluidity greater than that of 300 penetration asphalt when tested in accordance
with
ASTM D 5, "Test for Penetration for Bituminous Materials"
. When not otherwise identified, the term liquid shall mean both flammable and
combustible liquids.
(5) "Liquid
trap" means sumps, well cellars, and other traps used in association with oil
and gas production, gathering, and extraction operations (including gas
production plants), for the purpose of collecting oil, water, and other
liquids. Such liquid traps may temporarily collect liquids for subsequent
disposition or reinjection into a production or pipeline stream, or may collect
and separate liquids from a gas stream.
(6) "Loading rack" means the area around and
including loading arms, pumps, meters, shutoff valves, relief valves, and other
equipment used to load and unload fuel cargo tanks, trucks, tank trucks,
railroad cars, cars, other distribution containers or other transport vehicles,
if the loading rack services or is attached to one or more storage tank(s)
regulated in 20.5 NMAC.
(7) "Local
government" shall have the meaning given this term by applicable state law. The
term is generally intended to include counties, municipalities, school
districts, and special districts, including flood control and conservancy
districts.
(8) "Lower explosive
limit" means the lowest percentage of a substance in an airspace that is
explosive.
(9) "LST ranking system"
means the leaking storage tank ranking system, the ranking or site
prioritization system developed for and modified by the department using the
analytical hierarchy process to rank sites where a release from a storage tank
has occurred based upon public health, safety and welfare and environmental
concerns.
M. Terms
beginning with the letter "M."
(1) "Magnitude
of contamination" means the maximum concentrations of contaminants of concern
that resulted from a release.
(2)
"Maintenance" means the normal operational upkeep to prevent a storage tank
system from releasing product.
(3)
"Minimum site assessment" or "MSA" means the sum total of all of the following
activities:
(a) reporting, investigating and
confirming a release pursuant to 20.5.118 NMAC; and
(b) determining the on-site extent, magnitude
and impact of contamination by conducting investigations and reporting to the
department pursuant to 20.5.119.1902 NMAC or 20.5.120.2002 NMAC (initial
abatement), 20.5.119.1903 NMAC or 20.5.120.2003 NMAC (report on initial
abatement), 20.5.119.1907 NMAC or 20.5.120.2007 NMAC (preliminary
investigation), and 20.5.119.1909 NMAC or 20.5.120.2009 NMAC (report on the
preliminary investigation).
(4) "Mining" means the process of obtaining
useful minerals from the earth's crust or from previously disposed or abandoned
mining wastes, including exploration, open-cut mining and surface operation,
the disposal of refuse from underground and in situ mining, mineral
transportation, concentrating, milling, evaporation, leaching and other
processing. "Mining" does not mean the exploration and extraction of potash,
sand, gravel, caliche, borrow dirt and quarry rock used as aggregate in
construction, the exploration and extraction of natural petroleum in a liquid
or gaseous state by means of wells or pipes, the development or extraction of
coal, the extraction of geothermal resources, smelting, refining, cleaning,
preparation, transportation or other off-site operations not conducted on
permit areas or the extraction, processing or disposal of commodities,
byproduct materials or wastes or other activities regulated by the federal
nuclear regulatory commission.
(5)
"Mobile AST" means an above ground storage tank that is not field-erected, and
which is capable of changes in location.
(6) "Modification" means any change to any
portion of a storage tank system that is not a repair. For purposes of 20.5.105
NMAC, the term does not include the process of relining a tank through the
application of such materials as epoxy resins.
(7) "Monitored natural attenuation" means a
methodology for remediation that relies upon a variety of naturally occurring
chemical, physical and biological processes to achieve target concentrations in
a manner that is equally as protective of public health, safety and welfare,
and the environment as other methods, and that is accompanied by a program of
monitoring to document the progress and results of the above-mentioned
processes.
(8) "Monthly" means once
per month, not to exceed 30 days.
(9) "Motor fuel" means a complex blend of
hydrocarbons typically used in the operation of a motor engine, such as motor
gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend
containing one or more of these substances (for example: motor gasoline blended
with alcohol).
(10) "Motor fuel
dispenser system" or "dispenser system" means a motor fuel dispenser and the
equipment necessary to connect the dispenser to a storage tank system. The
equipment necessary to connect the motor fuel dispenser to the storage tank may
include check valves, shear valves, unburied risers of flexible connectors, or
other transitional components that are beneath the dispenser and connect the
dispenser to the piping.
N. Terms beginning with the letter "N."
(1) "NAPL" means non-aqueous phase liquid as
defined in this section.
(2) "New
AST system" means an AST system for which installation has commenced after June
14, 2002. Installation will be considered to have commenced if the owner or
operator has obtained all federal, state and local approvals or permits
necessary to begin physical construction at the site or installation of the
tank, and if either:
(a) a continuous on-site
physical construction or installation program has begun, or
(b) the owner or operator has entered into
contractual obligations which cannot be canceled or modified without
substantial loss for physical construction at the site or installation of the
tank system to be completed within a reasonable time.
(3) "New storage tank system" means a new AST
system or a new UST system.
(4)
"New UST tank system" means an UST system for which installation has commenced
after December 22, 1988. Installation will be considered to have commenced if
the owner or operator has obtained all federal, state and local approvals, or
permits necessary to begin physical construction at the site or installation of
the tank, and if either:
(a) a continuous
on-site physical construction or installation program has begun, or
(b) the owner or operator has entered into
contractual obligations which cannot be canceled or modified without
substantial loss for physical construction at the site or installation of the
tank system to be completed within a reasonable time.
(5) "Non-aqueous phase liquid" (NAPL) means
an interstitial body of liquid oil, petroleum product or organic solvent or
other organic substance, including an emulsion containing such material; in the
case of liquid oil or a petroleum product, the term is synonymous with "phase
separated hydrocarbon" and "free product."
(6) "Non-commercial purposes" with respect to
motor fuel means not for resale.
(7) "Non-community water system" means a
public water system that is not a community water system.
(8) "Normal maintenance" means an activity
involving work on a storage tank system that is not a repair, replacement, or
installation, which may include but is not limited to: painting, replacing
fuses, or touchup. Any time an activity involves disconnecting or affecting the
integrity of the piping, tank, spill or overfill systems, or work on line or
tank leak detection systems, then the activity is not normal maintenance but is
instead a repair.
O.
Terms beginning with the letter "O."
(1)
"Occurrence" means an accident, including continuous or repeated exposure to
conditions, which results in a release from a storage tank. This definition is
intended to assist in the understanding of 20.5.123 NMAC and is not intended
either to limit the meaning of "occurrence " in a way that conflicts with
standard insurance usage or to prevent the use of other standard insurance
terms in place of "occurrence."
(2)
"On the premises where stored" with respect to heating oil means storage tank
systems located on the same property where the stored heating oil is
used.
(3) "Operational life" is the
period beginning from the time when the installation of the tank system is
commenced until it is properly closed pursuant to 20.5.115 NMAC.
(4) "Operator" means any person in control
of, or having responsibility for, the daily operation of a storage tank
system.
(5) "Overfill release" is a
release that occurs when a tank is filled beyond its capacity, resulting in a
discharge of the regulated substance to the environment.
(6) "Owner" means, in the case of a storage
tank in use on November 8, 1984 or brought into use after that date, any person
who owns a storage tank used for storage, use, or dispensing of regulated
substances; and in the case of a storage tank in use before November 8, 1984
but no longer in use after that date, any person who owned such tank
immediately before the discontinuation of its use. For purposes of the
registration requirements of 20.5.102
NMAC only, the term "owner" excludes any person who:
(a) had a UST taken out of operation on or
before January 1, 1974;
(b) had a
UST taken out of operation after January 1, 1974 and removed from the ground
prior to November 8, 1984; or
(c)
had an AST taken out of operation on or before July 1, 2001.
(7) "Owner ID number" means a
department issued owner identification number.
P. Terms beginning with the letter "P."
(1) "Permanently installed AST" means an AST
or mobile AST that is on site for more than 365 consecutive days and dispensing
or storing a regulated substance for distribution at any time during that
period.
(2) "Person" means any
individual, trust, firm, joint stock company, federal agency, corporation
including a government corporation, partnership, association, state,
municipality, commission, political subdivision of a state, or any interstate
body. "Person" also includes a consortium, a joint venture, a commercial
entity, and the United States government.
(3) "Petroleum" means crude oil, crude oil
fractions, and refined petroleum fractions, including gasoline, kerosene,
heating oils, and diesel fuels.
(4)
"Petroleum marketing facilities" include all facilities at which petroleum is
produced or refined and all facilities from which petroleum is sold or
transferred to other petroleum marketers or to the public.
(5) "Petroleum marketing firms" are all firms
owning petroleum marketing facilities. Firms owning other types of facilities
with storage tank systems as well as petroleum marketing facilities are
considered to be petroleum marketing firms.
(6) "Petroleum tank system," "petroleum
storage tank" or "petroleum UST" means a storage tank system that contains
petroleum or a mixture of petroleum with de minimis quantities of other
regulated substances. Such systems include those containing motor fuels, jet
fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum
solvents, and used oils.
(7) "Pipe"
or "piping" means the hollow cylinder or the tubular conduit constructed of
non-earthen materials that routinely contains and conveys regulated substances
within a storage tank system. Such piping includes any elbows, couplings,
unions, valves, or other in-line fixtures that contain and convey regulated
substances from the storage tank to the dispenser or other end-use
equipment.
(8) "Pipeline
facilities, including gathering lines," are new and existing pipe rights-of-way
and any equipment, facilities, or buildings regulated under the federal Natural
Gas Pipeline Safety Act of 1968, 49 U.S.C. App. 1671, et seq., or the federal
Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. App. 2001, et seq., or
which is an intrastate pipeline facility regulated under state laws comparable
to either act.
(9) "Positive
sampling, testing or monitoring results" refers to the results of sampling,
testing or monitoring using a method described in 20.5.108 NMAC or 20.5.111
NMAC that indicate a release from a storage tank system has occurred.
(10) "Potable drinking water well" means any
hole (dug, driven, drilled, or bored) that extends into the earth until it
meets groundwater which may supply water for a community water system, a
non-community public water system, or otherwise may supply water for human
consumption (consisting of drinking, bathing, cooking, or other similar uses).
Such wells may provide water to entities such as a single-family residence,
group of residences, businesses, schools, parks, campgrounds, and other
permanent or seasonal communities.
(11) "Potentially explosive levels of
petroleum hydrocarbon vapors" means vapors which register in excess of ten
percent LEL (lower explosive limit) on a combustible gas indicator properly
calibrated for pentane.
(12)
"Potentially harmful petroleum hydrocarbon vapors" means vapors which register
a reading of five whole units above ambient concentrations total aromatic
hydrocarbons in any structure in the vicinity of the release site, on a
photoionization detector, flame ionization detector or an equivalent device
properly calibrated to detect hydrocarbon vapors at a minimum detection limit
of at least one ppm.
(13) "Product"
means a regulated substance.
(14)
"Product deliverer" means any person who delivers or deposits product into a
storage tank system. This term includes, but is not limited to, major oil
companies, jobbers, petroleum transportation companies, brokers and other
product delivery entities.
(15)
"Professional engineer" is an individual licensed in New Mexico to engage in
the practice of engineering under the New Mexico Engineering and Surveying
Practices Act, Sections
61-23-1
through
61-23-32
NMSA 1978.
(16) "Project drawings"
means schematic drawings of tanks, piping, and ancillary equipment, which need
not be prepared, stamped or signed by a professional engineer.
(17) "Property damage" shall have the meaning
given this term by applicable state law. This term shall not include those
liabilities which, consistent with standard insurance industry practices, are
excluded from coverage in liability insurance policies for property damage.
However, such exclusions for property damage shall not include corrective
action associated with releases from tanks which are covered by the
policy.
(18) "Provider of financial
assurance" means an entity that provides financial assurance to an owner or
operator of a storage tank system through one of the mechanisms listed in
20.5.117.1705 through 20.5.117.1716 NMAC, including a guarantor, insurer, risk
retention group, surety, issuer of a letter of credit, issuer of a
state-required mechanism, or a state.
(19) "Public water system" means a system for
the provision to the public of piped water for human consumption (consisting of
drinking, bathing, cooking, or other similar uses) if such system has at least
15 service connections or regularly serves an average of at least 25
individuals daily at least 60 days out of the year. Such term includes any
collection, treatment, storage, and distribution facilities under the control
of the operator of such system and used primarily in connection with such
system; and any collection or pretreatment storage facilities not under such
control which are used primarily in connection with such system. A public water
system is either a "community water system" or a "non-community water
system."
Q. Terms
beginning with the letter "Q".
(1) "Qualified
firm" means a person, as defined in this section, qualified by the department
under 20.5.122 NMAC to undertake corrective action.
(2) "Qualified tester" means an individual
who has the training, testing equipment manufacturer's certifications, and
experience to test spill and overfill prevention equipment, containment sumps,
interstitial and sump sensors, automatic line leak detectors, cathodic
protection systems, and to conduct precision tank and line tightness testing on
any above ground or underground storage tank systems. Also, the individual
meets the requirements for testers in 20.5.105 NMAC and has submitted the
information required in 20.5.105 NMAC to the department.
R. Terms beginning with the letter "R".
(1) "RBSL" means risk-based screening level
as used in 20.5.119 NMAC.
(2)
"Receptor" means a person, plant or animal community, structure, utility,
surface water, designated wellhead or source water protection area or water
supply well that is or may be adversely affected by a release.
(3) "Red tag" means a tamper-resistant tag on
a storage tank system's fill pipes that clearly identifies a storage tank
system as ineligible for product delivery, deposit or acceptance. The tag shall
be easily visible and state that it is unlawful to deliver to, deposit into, or
accept product into, the ineligible storage tank system.
(4) "Regulated substance" means:
(a) for USTs: any substance defined in
Section 101
(14) of the federal Comprehensive Environmental
Response, Compensation and Liability Act, but not including any substance
regulated as a hazardous waste under Subtitle C of the federal Resource
Conservation and Recovery Act, as amended; and
(b) for ASTs and USTs: petroleum, including
crude oil or any fraction thereof which is liquid at standard conditions of
temperature and pressure of 60 degrees fahrenheit and fourteen and seven-tenths
pounds per square inch absolute; asphalt is not a regulated substance; the term
"regulated substance" includes but is not limited to petroleum and
petroleum-based substances comprised of a complex blend of hydrocarbons derived
from crude oil through processes of separation, conversion, upgrading and
finishing, such as motor fuels (including ethanol-based motor fuels), jet
fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum
solvents, and used oils.
(5) "Release" means any spilling, leaking,
emitting, discharging, escaping, leaching or disposing of a regulated substance
from a storage tank system into groundwater, surface water or soil.
(6) "Release detection" means determining
whether a release of a regulated substance has occurred from a storage tank
system into the environment or a leak has occurred into the interstitial area
between a storage tank system and a secondary barrier around it.
(7) "Remediation" is the process of reducing
the concentration of contaminants in air, water or soil to a level that poses
an acceptable risk to public health, safety and welfare and the
environment.
(8) "Repair" means to
restore to proper operating condition any defective or damaged part of a
storage tank system. Repair does not include normal maintenance. For these
purposes, normal maintenance shall include but is not limited to: painting,
replacing fuses, or touchup. Any time an activity involves disconnecting or
affecting the integrity of the piping, tank, spill or overfill systems, or work
on line or tank leak detection systems, then the activity is not normal
maintenance and is a repair.
(9)
"Replace" or "peplaced" means:
(a) for a
storage tank or dispenser system, to remove an existing tank or dispenser
system and install a new tank or dispenser; and
(b) for piping, to remove either 20 feet or
more or fifty percent or more of piping, whichever is less, and install other
piping, excluding flex connectors and other transitional components, connected
to a single tank. For tanks with multiple piping runs, this definition applies
independently to each piping run.
(10) "Residential tank" is a tank located on
property used primarily for dwelling purposes.
(11) "Responsible party-lead site" means a
site where the owner or operator takes corrective action and applies to the
fund for payment of corrective action costs, as distinct from a site where the
state takes corrective action.
(12)
"Return to service" means to bring a storage tank into operation after the tank
has been in temporary or permanent closure.
(13) "Risk-based screening level" (RBSL)
means an action level or target level for a contaminant of concern determined
using default criteria set by the department and site-specific data for
thickness of the contaminated zone and depth to groundwater in accordance with
20.5.119 NMAC.
(14) "Rural and
remote area" means that a storage tank facility is located in an area that is
more than 20 miles from another facility that sells fuel to the public and that
is open year-round.
S.
Terms beginning with the letter "S."
(1)
"Secondary containment" or "secondarily contained" means:
(a) for USTs and ASTs: a release prevention
and release detection system for a storage tank, its piping and associated
ancillary equipment that is designed to prevent a release from migrating beyond
the secondary containment system outer wall (in the case of a double-walled
tank system) or excavation area (in the case of a liner or vault system) before
the release can be detected. Such a system may include, but is not limited to,
synthetic impervious liners. This term includes containment sumps when used for
interstitial monitoring of piping.
(b) For USTs: a release prevention and
release detection system for a tank or piping. This system has an inner and
outer barrier with an interstitial space that is monitored for leaks.
(2) "Secretary" means the
secretary of the New Mexico environment department also known as the secretary
of the environment.
(3) "Septic
tank" is a water-tight covered receptacle designed to receive or process,
through liquid separation or biological digestion, the sewage discharged from a
building sewer. The effluent from such receptacle is distributed for disposal
through the soil and settled solids and scum from the tank are pumped out
periodically and hauled to a treatment facility.
(4) "Siphon system" means two or more storage
tanks where the tops of the tanks are installed at the same level, the fuel
levels equalize by atmospheric pressure, and the piping connecting them is
installed through penetrations on the tops of the tanks.
(5) "Site" means a place where there is or
was at a previous time one or more storage tanks and may include areas
contiguous to the actual location or previous location of the tanks.
(6) "Site conceptual exposure scenario" means
a qualitative evaluation of exposure information for a site that identifies the
relevant contaminant source, release mechanisms, media of concern, complete and
incomplete exposure pathways, and receptors.
(7) "Site-specific target level" (SSTL) means
an action level or target level for a contaminant of concern determined using
more site-specific data as used in 20.5.119 NMAC.
(8) "Source water" means water that could be
used for domestic purposes, including but not limited to ground water, natural
springs, and surface water, even if such water is not currently being used for
domestic purposes.
(9) "Special
enclosure" means an above or below grade AST installation that surrounds an AST
or ASTs, including but not limited to pits, cellars, and basements.
(10) "Spill" means:
(a) any spill or overfill of a regulated
substance that exceeds its reportable quantity under 40 CFR 302 in accordance
with CERCLA;
(b) any spill or
overfill of petroleum that exceeds 25 gallons or causes a sheen on surface
water or reaches groundwater; or
(c) any spill or overfill of petroleum of 25
gallons or less, the cleanup of which cannot be accomplished within 24
hours.
(11) "SSTL" means
site-specific target level as used in 20.5.119 NMAC.
(12) "State-lead site" means a site where the
department takes corrective action using the fund because the owners and
operators are unknown, unable or unwilling to take corrective action as
described in 20.5.121.2102 NMAC or because the department determines that a
single entity is necessary to lead the corrective action.
(13) "Storage tank" means any above ground
storage tank or underground storage tank.
(14) "Storage tank fee" means fees required
by Section
74-4-4.4
NMSA 1978 and Section
74-6B-9
NMSA 1978.
(15) "Storage tank
system" means a storage tank and its associated ancillary equipment and
containment system, if any.
(16)
"Storm water or wastewater collection system" means piping, pumps, conduits,
and any other equipment necessary to collect and transport the flow of surface
water run-off resulting from precipitation or domestic, commercial, or
industrial wastewater to and from retention areas or any areas where treatment
is designated to occur.
(17)
"Substantial business relationship" means the extent of a business relationship
necessary under applicable state law to make a guarantee contract issued
incident to that relationship valid and enforceable. A guarantee contract is
issued "incident to that relationship" if it arises from and depends on
existing economic transactions between the guarantor and the owner or
operator.
(18) "Substantial
governmental relationship" means the extent of a governmental relationship
necessary under applicable state law to make an added guarantee contract issued
incident to that relationship valid and enforceable. A guarantee contract is
issued "incident to that relationship" if it arises from a clear commonality of
interest in the event of a storage tank release such as coterminous boundaries,
overlapping constituencies, common groundwater aquifer, or other relationship
other than monetary compensation that provides a motivation for the guarantor
to provide a guarantee.
(19) "Sump"
means any pit or reservoir that meets the definition of tank (including troughs
or trenches connected to it that serves to temporarily collect regulated
substances.
(20) "Surface
impoundment" is a natural topographic depression, man-made excavation, or diked
area formed primarily of earthen materials (although it may be lined with
man-made materials) that is designed to hold an accumulation of regulated
substances and that is not an injection well.
T. Terms beginning with the letter "T".
(1) "Tangible net worth" means the tangible
assets that remain after deducting liabilities; such assets do not include
intangibles such as goodwill and rights to patents or royalties. For purposes
of this definition, "assets" means all existing and all probable future
economic benefits obtained or controlled by a particular entity as a result of
past transactions.
(2) "Tank" is a
stationary device designed to contain an accumulation of regulated substances
which is constructed of non-earthen materials (e.g., concrete, steel, plastic)
that provide structural support.
(3) "Tank chart" means a table that converts
the number of inches of liquid in the tank into the number of
gallons.
(4) "Target
concentrations" means any concentration of a contaminant to which a medium is
required to be remediated under any provision of 20.5 NMAC protective of human
health, safety and welfare, and the environment. For purposes of 20.5.120 NMAC,
target concentrations as they apply to soil contamination shall be based on
standards prescribed by applicable law or, if there are no applicable
standards, the standard set forth in
20.6.3.10
NMAC.
(5) "Temporary closure" is
the state of a storage tank system that is not receiving deliveries, has no
regulated substance being transmitted through its piping, and whose owner or
operator has notified the department that it is in temporary closure. Temporary
closure shall not exceed 12 months unless the owner or operator receives an
extension from the department and meets the requirements of 20.5.115
NMAC.
(6) "Termination" under
Subsections A and B of 20.5.117.1757 NMAC means only those changes that could
result in a gap in coverage as where the insured has not obtained substitute
coverage or has obtained substitute coverage with a different retroactive date
than the retroactive date of the original policy.
(7) "Tester" means an individual who has the
training, testing equipment manufacturer's certifications, and experience to
test spill and overfill prevention equipment, containment sumps, interstitial
and sump sensors, automatic line leak detectors, cathodic protection systems,
and to conduct precision tank and line tightness testing on any above ground or
underground storage tank systems.
(8) "Third party" means an independent entity
that is not affiliated with the owner and operator of a storage tank
system.
(9) "Third party certified"
means a process whereby release detection equipment or a method of release
detection has been evaluated by an independent third-party testing laboratory
which has published a report stating the equipment or method meets the claims
made by the manufacturer.
(10)
"Tightness testing" means a procedure for testing the ability of a storage tank
system to prevent an inadvertent release of any stored substance into the
environment (or, in the case of an UST system, intrusion of groundwater into a
storage tank system).
(11)
"Training program" means any program that meets the requirements of 20.5.104
NMAC and provides information to and evaluates the knowledge of a class A,
class B, or class C operator through testing, practical demonstration, or
another approach acceptable to the department regarding requirements for
storage tank systems.
(12) "Trap
door" means a device installed on the fill riser above the connection of remote
fill line on a UST system that is designed to prevent a regulated substance
from escaping the fill riser in the event of an overfill, and it allows for the
manual gauging of the tank through this riser.
U. Terms beginning with the letter "U".
(1) "Under-dispenser containment" or "UDC"
means containment underneath a dispenser system designed to prevent leaks from
the dispenser and piping within or above the UDC from reaching soil or
groundwater.
(2) "Underground area"
means an underground room, such as a basement, cellar, shaft or vault,
providing enough space for physical inspection of the exterior of the tank
situated on or above the surface of the floor.
(3) "Underground release" means any below
ground release.
(4) "Underground
storage tank" or "UST" means a single tank or combination of tanks, including
pipes connected thereto, that are used to contain an accumulation of regulated
substances and the volume of which, including the volume of the underground
pipes connected thereto, is ten percent or more beneath the surface of the
ground. A compartment tank with combined total capacity greater than 110
gallons is a UST and for purposes of these regulations is considered to be one
tank regardless of the number of compartments and the number of regulated
substances contained. The term does not include any:
(a) farm, ranch or residential tank of 1,100
gallons or less capacity used for storing motor fuel for noncommercial
purposes;
(c) pipeline facility,
including gathering lines which are regulated under the federal Natural Gas
Pipeline Safety Act of 1968, 49 U.S.C. App. 1671, et seq., or the federal
Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. App. 2001, et seq., or
which is an intrastate pipeline facility regulated under state laws comparable
to either act;
(d) surface
impoundment, pit, pond or lagoon;
(e) storm water or wastewater collection
system;
(f) flow-through process
tank;
(g) liquid traps or
associated gathering lines directly related to oil or gas production and
gathering operations;
(h) storage
tank situated in an underground area, such as a basement, cellar, mineworking,
drift, shaft or tunnel, if the storage tank is situated upon or above the
surface of the undesignated floor;
(i) tank used for storing heating oil for
consumptive use on the premises where stored;
(j) tank exempted by rule of the EIB after
finding that the type of tank is adequately regulated under another federal or
state law; or
(k) pipes connected
to any tank exempted by Subparagraphs (a) through (j) of this
paragraph.
(5) "Un-manned
facility" means a storage tank system without a sales office, store or other
business establishment associated with it. Examples of un-manned facilities
include, but are not limited to, a card-lock fueling station with no attendant
and a tank serving an emergency generator at a utility transfer
station.
(6) "Unsaturated zone" is
the subsurface zone containing water under pressure less than that of the
atmosphere, including water held by capillary forces within the soil and
containing air or gases generally under atmospheric pressure. This zone is
limited above by the ground surface and below by the upper surface of the zone
of saturation (i.e., the water table).
(7) "Upgrade" means the addition,
modification, or retrofit of some systems such as but not limited to cathodic
protection, lining, or spill and overfill controls to improve the ability of an
underground storage tank system to prevent the release of product.
(8) "USTR" means the version of the
environmental improvement board's underground storage tank regulations in
effect prior to adoption of the standard format in the New Mexico
Administrative Code in 1995.
(9)
"UST system" means an underground storage tank and its associated ancillary
equipment and containment system, if any.
V. Terms beginning with the letter "V."
(1) "Vault" means a liquid-tight structure
that completely surrounds a tank that is above, below or partially above or
below the ground surface.
W. Terms beginning with the letter "W."
(1) "Wastewater treatment tank" means a tank
that is designed to receive and treat an influent of wastewater through
physical, chemical, or biological methods.
(2) "Workplan" means a written plan for
corrective action, including, but not limited to, a scope of work, schedule for
implementation, and description of qualifications of persons who will perform
the work.
(3) "WQCC" means the New
Mexico water quality control commission.
(4) "WQCC standards" means standards set
forth in 20.6.4 NMAC, standards for interstate and intrastate streams, and
20.6.2 NMAC, ground and surface water protection.
X. Terms beginning with the letter "X."
[RESERVED]
Y. Terms beginning with
the letter "Y." [RESERVED]
Z. Terms
beginning with the letter "Z." [RESERVED]