N.M. Admin. Code § 20.5.110.1005

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

Section 20.5.110.1005 - 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 this requirement:

(1)National Fire Protection Association Standard 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 Above Ground 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 Association Standard 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 Publication 1621, "Bulk Liquid Stock Control at Retail Outlets"; or

(4)National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Codes".

C. Owners and operators of AST systems shall ensure that spill prevention equipment required in 20.5.109.910 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 regulations meet the following requirements:

(1) Spill prevention equipment installed where the outer and inner walls along with bottom of the equipment are clearly visible shall be either monitored monthly or tested every three years. A liquid, pressure, or vacuum test method shall be used in accordance with one of the following:

(a) the equipment manufacturer'sdeveloped and published testing requirements;

(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"; or

(c) the current edition of another industry standard or code of practice developed by a nationally recognized association or independent testing laboratory approved in advance by the department.

(2) Spill prevention equipment installed where the outer walls and the bottom are not visible shall be tested by a liquid, pressure, or vacuum test method every three years in accordance with one of the documents in Paragraph (1) of this subsection.

(3) Factory installed spill prevention equipment installed as an integral component of a double walled storage tank system shall either be tested every three years in accordance with Paragraph (1) of this subsection or, where a leak in the spill prevention equipment can be detected in the interstice of the tank, owners and operators shall monitor the interstice of the tank every 30 days.

(4) Spill prevention equipment that either fails when tested or is found to be damaged during monthly monitoring shall be repaired or replaced in accordance with 20.5.110.1010 NMAC.

(5) 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 20.5.110.1016 NMAC and maintained in accordance with the requirements in 20.5.110.1015 NMAC.

(6) Records of the monthly monitoring and testing required in this subsection shall be maintained in accordance with 20.5.110.1015 NMAC.

D. Owners and operators of AST systems shall ensure that overfill prevention equipment required in 20.5.109.910 NMAC is 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 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 20.5.109.910 NMAC, and if the equipment fails to meet these requirements, it shall be repaired, replaced, or re-installed. The repair, replacement, or re-installation shall be in accordance with the manufacturer's instructions or 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) Drop tube style overfill prevention equipment shall be removed from the tank for the inspection;

(3) Owners and operators shall ensure the inspections or tests are performed in accordance with the methods and procedures listed in one of the following:

(a)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

(b) testing requirements developed and published by the overfill prevention equipment manufacturer;

(4) If more than one type of overfill prevention equipment is installed on an AST, owners and operators shall ensure that none of them will interfere with the proper operation of any of the others; and

(5) A report shall be produced which includes the results of any inspections or testing conducted on overfill prevention equipment and the report shall be submitted to the department in accordance with the requirements in 20.5.110.1016 NMAC and maintained in accordance with the requirements in 20.5.110.1015 NMAC.

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

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

G. Owners and operators of storage tank systems shall ensure 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 § 20.5.110.1005

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