Current through Register Vol. 35, No. 6, March 26, 2024
Owners and operators shall ensure that releases due to
spilling or overfilling do not occur.
A. Owners and operators shall ensure that the
volume available in a tank is greater than the volume of product to be
transferred to the tank before the transfer is made and that the transfer
operation is monitored constantly to prevent overfilling and spilling. Owners
and operators shall comply with the transfer procedures described in 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)
National Fire Protection
Association
Standard 30A, "Code for Motor
Fuel Dispensing Facilities and Repair Garages";
(2)
International Code
Council, "International Fire Code";
(3)
Petroleum Equipment Institute
Publication RP600, "Recommended Practices for Overfill Prevention for
Shop-Fabricated Aboveground Tanks"; or
(4)
American Petroleum Institute
Standard 2350, "Overfill Protection for Storage Tanks in Petroleum
Facilities".
B.
For additional guidance on Subsection A, see the following:
(1)
National Fire Protection
Association
Standard 385, "Standard for Tank
Vehicles for Flammable and Combustible Liquids";
(2)
American Petroleum Institute
Recommended Practice 1007, "Loading and Unloading of MC 306/DOT 406 Cargo Tank
Motor Vehicles";
(3)
American Petroleum Institute Bulletin1621, "Recommended Good Practices
for Bulk Liquid-Loss Control in Service Stations"; or
(4)
National Fire Protection
Association
Standard 30, "Flammable and
Combustible Liquids Code".
C. Owners and operators of UST systems shall
ensure that spill prevention equipment required in 20.5.106.613 NMAC is liquid
tight, maintained, and fully operational at all times. In order to ensure the
equipment meets these requirements, owners and operators shall, no later than
three years after the effective date of these rules, meet the following
requirements:
(1) Single walled spill
prevention equipment shall be tested every three years either by a vacuum,
pressure, or liquid test method that meets one of the following:
(a) the equipment manufacturer's developed
and published testing requirements; or
(b)
Petroleum Equipment Institute RP
1200, "Recommended Practices for the Testing and Verification of Spill,
Overfill, Leak Detection, and Secondary Containment Equipment at UST
Facilities".
(2)
Single walled spill prevention equipment installed in a containment sump shall
be tested every three years or the containment sump shall be tested every three
years. Testing shall either be by a vacuum, pressure, or liquid method that
meets one of the following:
(a) the equipment
manufacturer's developed and published testing requirements; or
(b)
Petroleum Equipment Institute RP
1200, "Recommended Practices for the Testing and Verification of Spill,
Overfill, Leak Detection, and Secondary Containment Equipment at UST
Facilities".
(3)
Double walled spill prevention equipment that is periodically monitored every
30 days shall have records of the monitoring maintained in accordance with the
requirements in 20.5.107.714 NMAC. If monthly monitoring is not being conducted
or records of the monitoring cannot be produced, a test in accordance with
Subsection C of this section shall be conducted within the next thirty days of
discontinuing periodic monitoring of the equipment.
(4) Single walled containment sumps installed
to meet spill prevention requirements shall be tested every three years.
Testing shall be by a vacuum, pressure, or liquid method that meets one of the
following:
(a) the equipment manufacturer's
developed and published testing requirements; or
(b)
Petroleum Equipment Institute RP
1200, "Recommended Practices for the Testing and Verification of Spill,
Overfill, Leak Detection, and Secondary Containment Equipment at UST
Facilities".
(5)
Double walled containment sumps that are installed to meet spill prevention
requirements shall either be tested every three years or monitored as follows:
(a) Testing shall be by a vacuum, pressure,
or liquid method that meets one of the following:
(i) the equipment manufacturers developed and
published testing requirements; or
(ii)
Petroleum Equipment Institute RP
1200, "Recommended Practices for the Testing and Verification of Spill,
Overfill, Leak Detection, and Secondary Containment Equipment at UST
Facilities";
(b)
Monitoring shall be performed either continuously or monthly with a sensor or
visual inspection as follows:
(i) continuous
monitoring by liquid, pressure, or vacuum shall be done electronically and
shall activate an alarm when liquid is detected in the interstice of the
sump;
(ii) monthly monitoring with
a sensor shall be conducted at least every 30 days and in accordance with
either the manufacturer's instructions or the current edition of a national
code or standard;
(iii) monthly
monitoring by visual inspection may be used if a leak from the inner wall of
the sump can be detected by a visual check of the
interstice;
(6) Containment sumps installed prior to the
effective date of these regulations shall be tested in accordance with
Paragraph (2) of Subsection C of this section prior to the beginning of monthly
monitoring, if applicable;
(7)
Sensors used for monthly monitoring of spill prevention equipment or
containment sumps associated with spill prevention equipment shall be
functionality tested annually in accordance with the requirements in Subsection
B of 20.5.108.808 NMAC;
(8) If
evidence is found during the monthly monitoring that containment sumps or spill
prevention equipment are no longer liquid tight, owners and operators shall
have the equipment repaired or replaced in accordance with the requirements in
20.5.107.709 NMAC;
(9) A report
shall be produced which includes the results of any vacuum, pressure, or liquid
testing conducted on spill prevention equipment and the report shall be
submitted to the department in accordance with the requirements in 20.5.107.715
NMAC and maintained in accordance with the requirements in 20.5.107.714
NMAC.
D. Spill prevention
equipment that either fails when tested or is found to be damaged during
periodic monitoring shall be repaired or replaced in accordance with
20.5.107.709 NMAC.
E.
Owners and operators of UST systems shall ensure that overfill prevention
equipment required in 20.5.106.613 NMAC is maintained and fully operational at
all times. Owners and operators shall either use the methods and procedures for
the inspection as listed in Petroleum Equipment Institute RP 1200,
"Recommended Practices for the Testing and Verification of Spill, Overfill,
Leak Detection, and Secondary Containment Equipment at UST
Facilities," or those developed and published by the equipment
manufacturer. In order to ensure the equipment meets these requirements, owners
and operators shall, no later than three years after the effective date of
these regulations, and every three years thereafter, have the overfill
prevention equipment inspected or tested and shall meet the following:
(1) The inspection shall verify the equipment
meets the requirements in 20.5.106.613 NMAC, and if the equipment fails to meet
these requirements, it shall be repaired or replaced. The repair or replacement
shall be in accordance with 20.5.107.709 NMAC.
(2) Prior to the inspection of flow
restrictors on vent lines on existing USTs, either a vacuum or pressure decay
test shall be conducted in order to ensure all of the penetrations on top of
the tank are vapor tight. If the tank fails the test it shall be repaired prior
to placing the tank back into service.
(3) Flow restrictors on vent lines that are
found to be inoperable during the inspection shall be replaced with different
type of overfill prevention equipment. Flow restrictors shall not be installed
or replaced with another flow restrictor on or after the effective date of
these regulations.
(4) Drop tube
style overfill prevention equipment shall be removed from the tank and
inspected for operability.
(5) If
more than one type of overfill prevention equipment is installed on a UST,
owners and operators shall ensure that none of them will interfere with the
proper operation of any of the others.
(6) A report on tests and inspections of
overfill prevention equipment shall be produced which meets the requirements in
Subsection D of 20.5.107.715 NMAC, and the report shall be maintained in
accordance with the requirements in 20.5.107.714 NMAC. The report shall be
submitted to the department in accordance with the requirements in Subsections
B and C of 20.5.107.715 NMAC.
F. Owners and operators shall report,
investigate, and clean up any spills and overfills in accordance with 20.5.118
NMAC.
G. Owners and operators of a
storage tank system that meets the requirements for temporary closure where the
tank is empty as defined in 20.5.115.1501 NMAC shall not be required to
periodically test the spill and overfill prevention equipment.
H. Owners and operators of storage tank
systems shall ensure that tests of all spill and overfill prevention equipment
as required in this section are performed by a qualified tester. The
requirements for testers can be found in 20.5.105 NMAC.
