Current through Register Vol. 35, No. 6, March 26, 2024
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.
D. Piping upgrade
requirements. Owner and operators of ASTs must have met the requirements of
20.5.109.916 NMAC for secondary containment of piping.
E. Owners and operators must have used one or
more of the following to comply with the existing secondary containment
requirements:
(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".
