New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 5 - PETROLEUM STORAGE TANKS
Part 109 - NEW AND UPGRADED ABOVE GROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION
Section 20.5.109.910 - SPILL AND OVERFILL PREVENTION
Current through Register Vol. 35, No. 6, March 26, 2024
A. Except as provided in Subsection B of this section, to prevent spilling and overfilling associated with transfers of regulated substances to above ground storage tank systems, owners and operators shall use the following spill and overfill prevention equipment:
B. Owners and operators are not required to use the spill and overfill prevention equipment specified in Subsections A and G of this section if approved in writing in advance by the department where:
C. Flow restrictors shall not be used in vent lines and shall not be used as overfill prevention equipment for ASTs.
D. Spill and overfill prevention equipment must be periodically tested or inspected in accordance with 20.5.110.1005 NMAC.
E. Owners and operators of AST systems that were previously exempt from spill and overfill requirements shall install no later than three years after the effective date of these regulations, spill and overfill prevention equipment required in Paragraphs (1) and (2) of Subsection A of this section for any AST system at retail and fleet refueling facilities where the fill port is located within a secondary containment system.
F. Overfill prevention and spill prevention equipment shall be either listed in accordance with an industry standard or code of practice developed by a nationally recognized association or independent testing laboratory for use with flammable and combustible liquids or approved prior to installation in accordance with Paragraph (1) of Subsection B of this section.