N.M. Admin. Code § 20.5.101.2

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.5.101.2 - SCOPE

A. This part applies to 20.5.101 through 20.5.125 NMAC.

B. Any UST system holding hazardous wastes that are listed or identified under Subtitle C of the federal Resource Conservation and Recovery Act, or a mixture of such hazardous waste and other hazardous regulated substances, is excluded from these regulations. This subsection does not apply to any UST system containing petroleum.

C. Previously deferred storage tank systems: Airport hydrant fuel distribution systems and UST systems with field-constructed tanks must meet all applicable requirements of 20.5 NMAC, including those in 20.5.114 NMAC, and storage tank systems that store fuel for use by emergency power generators must meet all applicable requirements of 20.5 NMAC, including those in 20.5.112 NMAC or 20.5.113 NMAC.

D. The following types of storage tank systems are excluded from the requirements of 20.5.102 through 20.5.125 NMAC:

(1) any wastewater treatment tank systems and any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the federal Clean Water Act;

(2) equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

(3) any UST system with a capacity of 110 gallons or less or any AST system with a capacity of 1,320 gallons or less, or any AST system with a capacity of 55,000 gallons or more not associated with an airport hydrant fuel distribution system or a UST system with a field-constructed tank;

(4) any UST system that contains a de minimis concentration of regulated substances;

(5) any emergency spill or overflow containment UST system that is expeditiously emptied after use;

(6) any storage tank systems containing radioactive material that are regulated under the Atomic Energy Act of 1954;

(7) any storage tank system that is part of an emergency generator system at nuclear power generation facilities regulated by the nuclear regulatory commission under 10 CFR Part 50 Appendix A;

E. Partial Exclusions. 20.5.103 NMAC through 20.5.116 NMAC, 20.5.120 NMAC through 20.5.123 NMAC, and 20.5.125 NMAC do not apply to:

(1) wastewater treatment tanks that do not fall under Paragraph (1) of Subsection C of this section;

(2) ASTs with a capacity of 55,000 gallons or more associated with airport hydrant fuel distribution systems;

(3) ASTs with a capacity of 55,000 gallons or more associated with UST systems with field-constructed tanks;

F. Notwithstanding the foregoing exclusions, no person may install a storage tank system listed in Subsection D of this section for the purpose of storing regulated substances unless such storage tank system (whether of single- or double-walled construction):

(1) will prevent releases due to corrosion or structural failure for the operational life of the storage tank system; and

(2) is cathodically protected against corrosion, constructed of non-corrodible material, steel clad with a non-corrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and

(3) the material used in the construction or lining of the tank is compatible with the substance to be stored.

G. 20.5.106 NMAC, 20.5.107 NMAC, 20.5.108 NMAC, 20.5.115 NMAC, 20.5.117 NMAC, and 20.5.118 NMAC shall not apply to an existing AST or UST system which has never contained a regulated substance until the system is placed in service.

N.M. Admin. Code § 20.5.101.2

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018