N.M. Admin. Code § 20.5.107.704

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

Section 20.5.107.704 - OPERATION AND MAINTENANCE OF SPILL AND OVERFILL PREVENTION

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 the requirements of this section:

(1)National Fire Protection AssociationStandard 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 Aboveground 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 AssociationStandard 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 Bulletin1621, "Recommended Good Practices for Bulk Liquid-Loss Control in Service Stations"; or

(4)National Fire Protection AssociationStandard 30, "Flammable and Combustible Liquids Code".

C. Owners and operators of UST systems shall ensure that spill prevention equipment required in 20.5.106.613 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 rules, meet the following requirements:

(1) Single walled spill prevention equipment shall be tested every three years either by a vacuum, pressure, or liquid test method that meets one of the following:

(a) the equipment manufacturer's developed and published testing requirements; or

(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".

(2) Single walled spill prevention equipment installed in a containment sump shall be tested every three years or the containment sump shall be tested every three years. Testing shall either be by a vacuum, pressure, or liquid method that meets one of the following:

(a) the equipment manufacturer's developed and published testing requirements; or

(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".

(3) Double walled spill prevention equipment that is periodically monitored every 30 days shall have records of the monitoring maintained in accordance with the requirements in 20.5.107.714 NMAC. If monthly monitoring is not being conducted or records of the monitoring cannot be produced, a test in accordance with Subsection C of this section shall be conducted within the next thirty days of discontinuing periodic monitoring of the equipment.

(4) Single walled containment sumps installed to meet spill prevention requirements shall be tested every three years. Testing shall be by a vacuum, pressure, or liquid method that meets one of the following:

(a) the equipment manufacturer's developed and published testing requirements; or

(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".

(5) Double walled containment sumps that are installed to meet spill prevention requirements shall either be tested every three years or monitored as follows:

(a) Testing shall be by a vacuum, pressure, or liquid method that meets one of the following:

(i) the equipment manufacturers developed and published testing requirements; or

(ii)Petroleum Equipment Institute RP 1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection, and Secondary Containment Equipment at UST Facilities";

(b) Monitoring shall be performed either continuously or monthly with a sensor or visual inspection as follows:

(i) continuous monitoring by liquid, pressure, or vacuum shall be done electronically and shall activate an alarm when liquid is detected in the interstice of the sump;

(ii) monthly monitoring with a sensor shall be conducted at least every 30 days and in accordance with either the manufacturer's instructions or the current edition of a national code or standard;

(iii) monthly monitoring by visual inspection may be used if a leak from the inner wall of the sump can be detected by a visual check of the interstice;

(6) Containment sumps installed prior to the effective date of these regulations shall be tested in accordance with Paragraph (2) of Subsection C of this section prior to the beginning of monthly monitoring, if applicable;

(7) Sensors used for monthly monitoring of spill prevention equipment or containment sumps associated with spill prevention equipment shall be functionality tested annually in accordance with the requirements in Subsection B of 20.5.108.808 NMAC;

(8) If evidence is found during the monthly monitoring that containment sumps or spill prevention equipment are no longer liquid tight, owners and operators shall have the equipment repaired or replaced in accordance with the requirements in 20.5.107.709 NMAC;

(9) 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 20.5.107.715 NMAC and maintained in accordance with the requirements in 20.5.107.714 NMAC.

D. Spill prevention equipment that either fails when tested or is found to be damaged during periodic monitoring shall be repaired or replaced in accordance with 20.5.107.709 NMAC.

E. Owners and operators of UST systems shall ensure that overfill prevention equipment required in 20.5.106.613 NMAC is maintained and fully operational at all times. Owners and operators shall either use the methods and procedures for the inspection as listed in 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 those developed and published by the equipment manufacturer. 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 20.5.106.613 NMAC, and if the equipment fails to meet these requirements, it shall be repaired or replaced. The repair or replacement shall be in accordance with 20.5.107.709 NMAC.

(2) Prior to the inspection of flow restrictors on vent lines on existing USTs, either a vacuum or pressure decay test shall be conducted in order to ensure all of the penetrations on top of the tank are vapor tight. If the tank fails the test it shall be repaired prior to placing the tank back into service.

(3) Flow restrictors on vent lines that are found to be inoperable during the inspection shall be replaced with different type of overfill prevention equipment. Flow restrictors shall not be installed or replaced with another flow restrictor on or after the effective date of these regulations.

(4) Drop tube style overfill prevention equipment shall be removed from the tank and inspected for operability.

(5) If more than one type of overfill prevention equipment is installed on a UST, owners and operators shall ensure that none of them will interfere with the proper operation of any of the others.

(6) A report on tests and inspections of overfill prevention equipment shall be produced which meets the requirements in Subsection D of 20.5.107.715 NMAC, and the report shall be maintained in accordance with the requirements in 20.5.107.714 NMAC. The report shall be submitted to the department in accordance with the requirements in Subsections B and C of 20.5.107.715 NMAC.

F. Owners and operators shall report, investigate, and clean up any spills and overfills in accordance with 20.5.118 NMAC.

G. Owners and operators of a storage tank system that meets the requirements for temporary closure where 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.

H. Owners and operators of storage tank systems shall ensure that 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.

N.M. Admin. Code § 20.5.107.704

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