N.M. Admin. Code § 20.5.109.908

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

Section 20.5.109.908 - PERFORMANCE STANDARDS FOR EXISTING AST SYSTEMS

A. Owners and operators of existing single walled AST systems (installed on or before July 1, 2001), must have complied with the following requirements:

(1) New AST performance standards in 20.5.109 NMAC by July 1, 2011;

(2) Upgrade requirements in Subsections C, D, and E of 20.5.109.908 NMAC by the deferred date of July 1, 2013; or

(3) Closure requirements in 20.5.115 NMAC by July 1, 2011.

(4) Any good faith upgrades to an AST system secondary containment made in compliance with this part prior to December 3, 2010 shall be deemed in compliance with this section.

B. Owners and operators of existing AST systems that do not comply with the requirements of the International Fire Code shall provide approval from the state fire marshal's office to the department no later than three years after the effective date of these regulations.

C. Tank Upgrade Requirements. Owners and operators must have upgraded existing single walled ASTs by installing secondary containment or replaced them with double walled ASTs by July 1, 2013 in accordance with 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. ASTs that have not been upgraded by the effective date of these regulations shall be permanently closed in accordance with 20.5.115 NMAC.

(1) Owners and operators of ASTs must have met secondary containment requirements either by the installation new concrete secondary containment in accordance with 20.5.109.904 NMAC or upgraded the existing concrete secondary containment to meet the general requirements in Subsection A of 20.5.109.904 NMAC along with one of the following:

(a) submit to the department a report stamped by a professional engineer for the existing concrete secondary containment that demonstrates the secondary containment system is able to contain a release of regulated substance for seven days and properly supports the AST systems within the secondary containment; or

(b) coat the interior of, or install an internal lining in, the existing concrete secondary containment in accordance with the manufacturer's instructions or in accordance with 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;

(2) Owners and operators of ASTs must have upgraded the secondary containment by the installation of liners that meet the following:

(a) requirements for liners as secondary containment in Subsection C of 20.5.109.904 NMAC; and

(b) requirements for installation of AST systems in 20.5.109.900 NMAC; or

(3) Owners and operators of ASTs must have met the secondary containment requirements by the installation of steel secondary containment in accordance with the requirements in Subsection D of 20.5.9.904 NMAC.

D. Piping upgrade requirements. Owner and operators of ASTs must have met the requirements of 20.5.109.916 NMAC for secondary containment of piping.

E. Owners and operators must have used one or more of the following to comply with the existing secondary containment requirements:

(1)American Concrete Institute 350-06, "Code Review for Environmental Engineering Concrete Structures";

(2)American Concrete Institute 350.2R-04, "Concrete Structures for Containment of Hazardous Materials";

(3)American Concrete Institute 224R-01, "Control of Cracking in Concrete Structures";

(4)National Association of Corrosion Engineers International RP0892-2007, "Coatings and Linings Over Concrete for Chemical Immersion and Containment Service";

(5)Society of Protective Coatings TU2/NACE6G197, "Design, Installation and Maintenance of Coating Systems for Concrete Used in Secondary Containment";

(6)National Association of Corrosion Engineers International Standard Number 6/SSPC-SP 13, "Surface Preparation of Concrete";

(7)National Association of Corrosion Engineers International RP0281, "Method for Conducting Coating (Paint) Panel Evaluation Testing in Atmospheric Exposures"; or

(8)American Society for Testing and Materials D4258, "Standard Practice for Surface Cleaning Concrete for Coating".

N.M. Admin. Code § 20.5.109.908

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