Current through Register Vol. 35, No. 6, March 26, 2024
A.
Owners, operators, certified installers, certified junior installers, and
testers of storage tank systems shall report the following conditions, which
are considered suspected releases, to the department within 24 hours, in
accordance with 20.5.118.1800 NMAC, and follow the procedures in Subsection B
of this section:
(1) evidence of released
regulated substances in the vicinity of the storage tank site, including but
not limited to, the presence of non-aqueous phase liquid or vapors in soils,
basements, sewer and utility lines, groundwater, drinking water or nearby
surface water;
(2) unusual
operating conditions such as, but not limited to, no flow of product, slow flow
of product, the erratic function of product dispensing equipment, the sudden
loss of a regulated substance from the storage tank system, an unexplained
presence of water in the storage tank system, the presence of a regulated
substance in containment sumps or in the annular or interstitial space of
secondarily contained tanks or piping, or interstitial sensor alarm conditions,
unless after an investigation:
(a) the
storage tank system equipment or component is determined not to have released
regulated substances into the environment;
(b) all defective storage tank system
equipment or components are immediately repaired or replaced; and
(c) for secondarily contained storage tank
systems, except as provided for in Subparagraph (d) of Paragraph (2) of
Subsection A of 20.5.108.808 NMAC, any liquid in the interstitial space not
used as part of the interstitial monitoring method (for example brine filled)
is immediately removed.
(3) monitoring or test results, including
investigation of an alarm, that are anything other than a "pass" or "normal"
result from any release detection method in 20.5.108 NMAC and 20.5.111 NMAC, or
that indicate a release may have occurred unless:
(a) the monitoring device is found to be
defective, and is immediately repaired, recalibrated or replaced, and
additional monitoring is performed which does not indicate that a release has
occurred;
(b) the leak is contained
in the secondary containment; and
(i) except
as provided for in Subparagraph (d) of Paragraph (2) of Subsection A of
20.5.108.808 NMAC, any liquid in the interstitial space not used as part of the
interstitial monitoring method (for example, brine filled) is immediately
removed; and
(ii) all defective
storage tank system equipment or components are immediately repaired or
replaced.
(c) the
investigation determines no release has occurred;
(d) in the case of statistical inventory
reconciliation, described in 20.5.108 NMAC, inconclusive or failed monthly
results are overturned by the third-party vendor within 24 hours of the receipt
of the report from the vendor; or
(e) the alarm was investigated and determined
to be a non-release event (for example, from a power surge or caused by filling
or dispensing from the tank during release detection testing).
(4) failing results from
continuous monitoring or periodic testing of spill prevention equipment and
containment sumps; or
(5) other
evidence of failure or deterioration such as but not limited to holes, cracks,
or corrosion in the storage tank system.
B. Owners and operators shall investigate all
suspected releases of regulated substances within seven days of discovery of
the suspected release. Owners and operators shall conduct appropriate storage
tank system testing, site check or another procedure, with prior approval by
the department of the procedure.
(1) System
test. Owners and operators shall conduct appropriate system tests approved by
the department according to the requirements for tightness testing for USTs in
20.5.108.804 NMAC and in Subparagraph (a) of Paragraph (3) of Subsection A of
20.5.108.810 NMAC, and for ASTs in 20.5.111.1101 NMAC and Subparagraph (a) of
Paragraph (3) of Subsection A of 20.5.111.1105 NMAC, or as appropriate,
secondary containment testing described in 20.5.107 NMAC or 20.5.110 NMAC.
(a) The test must determine whether:
(i) a leak exists in any portion of the tank
or piping that has the potential to contain a regulated substance;
(ii) a breach of the inner or outer wall of
the secondary containment has occurred; or
(iii) the integrity of the tank system is
compromised such that a release has occurred.
(b) If the system test confirms a leak into
the interstice or a release, owners and operators must repair, replace, upgrade
or close the storage tank system. In addition, owners and operators must begin
corrective action in accordance with 20.5.119 NMAC if test results for the
storage tank system indicate that a release has occurred.
(c) Further investigation is not required if
test results for the storage tank system do not show a leak exists and if
environmental contamination is not the basis for suspecting a
release.
(2) Site check.
When there is evidence of a release of a regulated substance in the vicinity of
a storage tank system, owners and operators shall conduct a site check as
directed by the department.
(a) Owners and
operators shall investigate a release in the locations where contamination is
most likely to be present at the storage tank site.
(b) In selecting sample types, sample
locations, and measurement methods, owners and operators shall consider the
nature of the stored regulated substance, the basis for the suspected release
report, the type of backfill, depth to groundwater, and other appropriate
site-specific conditions.
(c) The
department shall approve sample types, locations and methods of
measurement.
(3) In the
case of a suspected release indicated by statistical inventory reconciliation,
after following the process outlined in 20.5.108.809.C NMAC, owners and
operators shall conduct appropriate system tests or site checks approved by the
department.
C. In the
event of a suspected release, the secretary may take any action necessary,
including suspension of the use of a storage tank system and requiring
additional testing or other actions to investigate whether a release has
occurred.
D. Owners and operators
who do not demonstrate that a release has not occurred within 30 days of the
reporting of a suspected release, or another timeframe approved by the
department, shall be subject to the requirements of 20.5.118.1802 NMAC and the
requirements of 20.5.119 NMAC or 20.5.120 NMAC for confirmed
releases.
E. Owners and operators
shall report to the department in writing all results of the storage tank
system test, site check or other procedure approved by the department in
accordance with this part. Any report submitted in accordance with this section
shall contain, at a minimum, the information required in Subsection A of
20.5.118.1800 NMAC.
[To provide notice to the department under this section,
telephone the department staff person currently on duty; to obtain this number,
check the petroleum storage tank bureau's pages on the department
website.]
