New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 5 - PETROLEUM STORAGE TANKS
Part 115 - OUT-OF-SERVICE STORAGE TANK SYSTEMS AND CLOSURE
Section 20.5.115.1504 - ASSESSING THE SITE AT CLOSURE OR CHANGE IN SERVICE
Universal Citation: 20 NM Admin Code 20.5.115.1504
Current through Register Vol. 35, No. 18, September 24, 2024
A. Before permanent closure or a change in service is completed, owners and operators shall measure for the presence of a release where contamination is most likely to be present at the storage tank site.
(1) In selecting sample types, sample
locations, and measurement methods, the bureau shall consider the method of
closure, the nature of the stored regulated substance, the type of backfill for
any USTs, the depth to groundwater, and other factors appropriate for
identifying the presence of a release. Examples of sample locations may include
but are not limited to piping junctions, under dispensers and under storage
tanks.
(2) A bureau inspector may
waive the requirement for soil sampling when an AST is closed or may require
alternate tests for the presence of a release, based on site specific
conditions that demonstrate equivalent environmental protection. For example,
at a site where an AST has been operated for less than 10 years with impervious
secondary containment, the inspector may waive soil sampling as the secondary
containment would have effectively prevented any release outside the
containment. The bureau may require soil sampling or a site assessment at a
later date if site-specific circumstances indicate that a release may have
occurred.
(3) The requirements of
this section are satisfied if one of the external release detection methods
allowed in 20.5.108.806 NMAC and 20.5.108.807 NMAC is operating in accordance
with the requirements in 20.5.108 NMAC at the time of closure, and indicates no
release has occurred.
B. If contaminated soils, contaminated groundwater, non-aqueous phase liquid or vapor is discovered as a result of activities required by this section, or by any other manner, owners and operators shall notify the department in accordance with 20.5.118 NMAC and begin corrective action in accordance with 20.5.119 NMAC and 20.5.120 NMAC.
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