Current through Register Vol. 35, No. 18, September 24, 2024
A. All existing UST systems (installed on or
before December 22, 1988), by the effective date of these regulations, must
have complied with one of the following requirements:
(1) new UST performance standards in 20.5.106
NMAC;
(2) upgrade requirements in
Subsection B of 20.5.106.607 NMAC; or
(3) closure requirements in 20.5.115
NMAC.
B. UST upgrading
requirements. Owners and operators must have upgraded existing steel USTs by
the effective date of these regulations to meet one of the following
requirements 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. Steel
USTs that have not been upgraded by the effective date of these regulations
shall be immediately permanently closed in accordance with 20.5.115 NMAC.
(1) Internal lining.
(a) USTs upgraded by internal lining must
meet the following:
(i) the lining was
installed in accordance with an industry standard or code of practice developed
by a nationally recognized association or independent testing laboratory that
was approved in advance by the department, and
(ii) within 10 years after installation of
internal lining and every five years thereafter, the lined UST is required to
be internally inspected in accordance with the current edition of an industry
standard or code of practice developed by a nationally recognized association
or independent testing laboratory, or manufacturer's recommendation, approved
in advance by the department.
(b) One of the following shall be used to
comply with internal lining upgrading requirements:
(i)
National Leak Prevention
Association Standard 631, Chapter B, "Future Internal Inspection Requirements
for Lined Tanks";
(ii)
American Petroleum Institute Recommended Practice 1631, "Interior
Lining and Periodic Inspection of Underground Storage Tanks";
or
(iii)
Ken Wilcox
Associates Recommended Practice, "Recommended Practice for Inspecting Buried
Lined Steel Tanks Using a Video Camera".
(c) Owners and operators shall permanently
close USTs in accordance with the requirements of 20.5.115 NMAC if the internal
lining is not performing in accordance with the original design specifications
and cannot be repaired in accordance with one of the following codes:
(i)
National Fire Protection
Association
Standard 30, "Flammable and Combustible Liquids
Code";
(ii)
American Petroleum Institute Recommended Practice RP 2200, "Repairing
Hazardous Liquid Pipelines";
(iii)
American Petroleum Institute
Recommended Practice RP 1631, "Interior Lining and Periodic Inspection of
Underground Storage Tanks";
(iv)
National Fire Protection
Association Standard 326, "Standard for the Safeguarding of Tanks and
Containers for Entry, Cleaning, or Repair" or;
(v)
National Leak Prevention
Association Standard 631, Chapter A, "Entry, Cleaning, Interior Inspection,
Repair, and Lining of Underground Storage Tanks".
(2) Cathodic protection.
USTs upgraded by cathodic protection shall meet the requirements of
20.5.106.602 NMAC and owners and operators must have ensured the integrity of
the tank by:
(a) performing internal
inspections and assessments to ensure that the tank was structurally sound and
free of corrosion holes prior to installing the cathodic protection system;
or
(b) if the tank had been
installed for less than 10 years, by either having monitored monthly for
releases in accordance with 20.5.108 NMAC or by having assessed for corrosion
holes by conducting two tightness tests that met the requirements of 20.5.108
NMAC and that were approved in advance by the department. Owners and operators
must have conducted the first tightness test prior to installing the cathodic
protection system. Owners and operators must have conducted the second
tightness test between three and six months following the first operation of
the cathodic protection system.
(c)
Owners and operators shall use one or more of the following to comply with
cathodic protection upgrade requirements:
(i)
Steel Tank Institute Recommended Practice R972, "Recommended Practice
for the Addition of Supplemental Anodes to STI-P3® USTs"
;
(ii)
NACE International
Standard Practice SP0285, "External Corrosion Control of Underground Storage
Tank Systems by Cathodic Protection"; or
(iii)
American Petroleum Institute
Publication RP 1632, "Cathodic Protection of Underground Petroleum Storage
Tanks and Piping Systems".
(3) Internal lining combined with cathodic
protection. USTs upgraded by internal lining combined with cathodic protection
must have met the following:
(a) the lining
was installed in accordance with the current edition of an industry standard or
code of practice developed by a nationally recognized association or
independent testing laboratory, as follows:
(i)
National Leak Prevention
Association Standard 631, Chapter B, "Future Internal Inspection Requirements
for Lined Tanks";
(ii)
American Petroleum Institute Recommended Practice 1631, "Interior
Lining and Periodic Inspection of Underground Storage
Tanks";
(iii)
National Fire Protection Association Standard 326, "Standard for the
Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair",
or
(iv)
National Leak
Prevention Association Standard 631, Chapter A, "Entry, Cleaning, Interior
Inspection, Repair, and Lining of Underground Storage Tanks";
and
(b) the cathodic
protection meets the requirements of 20.5.106.602 NMAC and has complied with
one of the following:
(i)
Steel Tank
Institute Recommended Practice R972, "Recommended Practice for the Addition of
Supplemental Anodes to STI-P3®USTs"; or
(ii)
NACE International Standard
Practice SP0285, "External Control of Underground Storage Tank Systems by
Cathodic Protection"; or
(iii)
American Petroleum
Institute
Publication RP 1632, "Cathodic Protection of
Underground Petroleum Storage Tanks and Piping Systems".
C. Piping
upgrade requirements. Owners and operators shall cathodically protect and
upgrade metal piping in existing UST systems that routinely contain regulated
substances and are in contact with an electrolyte, such as soil, to meet the
requirements of 20.5.106.609 NMAC or 20.5.106.610 NMAC.
D. Spill and overfill prevention equipment.
Owners and operators shall comply with the spill and overfill prevention
requirements in 20.5.106.613 NMAC. Owners and operators of existing UST systems
who installed oil/water separators to meet spill prevention requirements shall
discontinue their use in meeting these requirements and shall install new spill
prevention equipment that meets the requirements in Subsection F of
20.5.106.613 NMAC no later than three years after the effective date of these
regulations.
E. Owners and
operators of existing fiberglass reinforced plastic UST systems may install an
internal lining in order to address compatibility issues in accordance with
Fiberglass Tank and Pipe Institute Recommended Practice T-95-1,
"Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage
Tanks".