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 this requirement:
(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 Above Ground 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
Publication 1621, "Bulk Liquid Stock Control at Retail Outlets";
or
(4)
National Fire
Protection Association Standard 30, "Flammable and Combustible Liquids
Codes".
C.
Owners and operators of AST systems shall ensure that spill prevention
equipment required in 20.5.109.910 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 regulations meet the following requirements:
(1) Spill prevention equipment installed
where the outer and inner walls along with bottom of the equipment are clearly
visible shall be either monitored monthly or tested every three years. A
liquid, pressure, or vacuum test method shall be used in accordance with one of
the following:
(a) the equipment
manufacturer'sdeveloped and published testing requirements;
(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"; or
(c) the
current edition of another industry standard or code of practice developed by a
nationally recognized association or independent testing laboratory approved in
advance by the department.
(2) Spill prevention equipment installed
where the outer walls and the bottom are not visible shall be tested by a
liquid, pressure, or vacuum test method every three years in accordance with
one of the documents in Paragraph (1) of this subsection.
(3) Factory installed spill prevention
equipment installed as an integral component of a double walled storage tank
system shall either be tested every three years in accordance with Paragraph
(1) of this subsection or, where a leak in the spill prevention equipment can
be detected in the interstice of the tank, owners and operators shall monitor
the interstice of the tank every 30 days.
(4) Spill prevention equipment that either
fails when tested or is found to be damaged during monthly monitoring shall be
repaired or replaced in accordance with 20.5.110.1010 NMAC.
(5) 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 20.5.110.1016 NMAC and maintained in
accordance with the requirements in 20.5.110.1015 NMAC.
(6) Records of the monthly monitoring and
testing required in this subsection shall be maintained in accordance with
20.5.110.1015 NMAC.
D.
Owners and operators of AST systems shall ensure that overfill prevention
equipment required in 20.5.109.910 NMAC is 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 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 20.5.109.910 NMAC, and if the equipment fails to meet
these requirements, it shall be repaired, replaced, or re-installed. The
repair, replacement, or re-installation shall be in accordance with the
manufacturer's instructions or 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) Drop tube style overfill prevention
equipment shall be removed from the tank for the inspection;
(3) Owners and operators shall ensure the
inspections or tests are performed in accordance with the methods and
procedures listed in one of the following:
(a)
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
(b) testing requirements developed and
published by the overfill prevention equipment manufacturer;
(4) If more than one type of
overfill prevention equipment is installed on an AST, owners and operators
shall ensure that none of them will interfere with the proper operation of any
of the others; and
(5) A report
shall be produced which includes the results of any inspections or testing
conducted on overfill prevention equipment and the report shall be submitted to
the department in accordance with the requirements in 20.5.110.1016 NMAC and
maintained in accordance with the requirements in 20.5.110.1015 NMAC.
E. Owners and operators shall
report, investigate, and clean up any spills and overfills in accordance with
20.5.118 NMAC.
F. Owners and
operators of a storage tank system that meets the requirements for temporary
closure and 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.
G. Owners and operators
of storage tank systems shall ensure 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.
