Current through Register Vol. 35, No. 6, March 26, 2024
Owners and operators shall use a storage tank system made of
or lined with materials that are compatible with the substance stored in the
storage tank system.
A. Owners and
operators must notify the department at least 30 days prior to changing the
substance in any of their tanks to a regulated substance containing greater
than ten percent ethanol, greater than twenty percent biodiesel, or any other
regulated substance identified by the department.
B. In addition, owners and operators with
storage tank systems storing these regulated substances must meet one of the
following:
(1) demonstrate compatibility of
the storage tank system (including the tank, piping, containment sumps, pumping
equipment, release detection equipment, spill equipment, and overfill
equipment). Owners and operators may demonstrate compatibility of the storage
tank system by using one of the following options:
(a) certification or listing of storage tank
system equipment or components by a nationally recognized, independent testing
laboratory for use with the regulated substance stored; or
(b) equipment or component manufacturer
approval. The manufacturer's approval must be in writing, include an
affirmative statement of compatibility, specify the range of biofuel blends the
equipment or component is compatible with, and be from the equipment or
component manufacturer.
(2) for storage tank systems or system
components that contain, but are not compatible with, one of the regulated
substances listed in Subsection A of 20.5.110.1009 NMAC, or for those storage
tank systems where compatibility cannot be determined, remove all regulated
substances from the tank system by the effective date of these regulations, and
comply with one of the following:
(a) replace
the storage tank system or system components in accordance with the
requirements for a new storage tank system in 20.5.109 NMAC;
(b) prior to putting the tank back in
service, modify the storage tank system in accordance with 20.5.110.1010 NMAC
and one of the following:
(i) install an
internal lining in the tank, in accordance with the lining manufacturer's
installation instructions, to address compatibility issues; or
(ii) comply with tank or equipment
manufacturer's instructions;
(c) change the regulated substance stored to
one that is compatible with the storage tank system; or
(d) permanently close the storage tank system
within 12 months of the effective date of these regulations in accordance with
the permanent closure requirements in 20.5.115.1502 NMAC; or
(3) use another option determined
by the department to be no less protective of human health and the environment
than the options listed in this section.
C. Owners and operators must maintain records
documenting compliance with this section for as long as the storage tank system
is used to store the regulated substance.
D. Owners and operators shall use 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 to comply with the compatibility requirements of this section.
American Petroleum Institute Recommended Practice RP 1626, "Storing and
Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and
Filling Stations" shall be used to comply with the requirements of
this section as they pertain to storage of ethanol blends.
