N.M. Admin. Code § 20.5.110.1009

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

Section 20.5.110.1009 - COMPATIBILITY

Owners and operators shall use a storage tank system made of or lined with materials that are compatible with the substance stored in the storage tank system.

A. Owners and operators must notify the department at least 30 days prior to changing the substance in any of their tanks to a regulated substance containing greater than ten percent ethanol, greater than twenty percent biodiesel, or any other regulated substance identified by the department.

B. In addition, owners and operators with storage tank systems storing these regulated substances must meet one of the following:

(1) demonstrate compatibility of the storage tank system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment). Owners and operators may demonstrate compatibility of the storage tank system by using one of the following options:

(a) certification or listing of storage tank system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or

(b) equipment or component manufacturer approval. The manufacturer's approval must be in writing, include an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer.

(2) for storage tank systems or system components that contain, but are not compatible with, one of the regulated substances listed in Subsection A of 20.5.110.1009 NMAC, or for those storage tank systems where compatibility cannot be determined, remove all regulated substances from the tank system by the effective date of these regulations, and comply with one of the following:

(a) replace the storage tank system or system components in accordance with the requirements for a new storage tank system in 20.5.109 NMAC;

(b) prior to putting the tank back in service, modify the storage tank system in accordance with 20.5.110.1010 NMAC and one of the following:

(i) install an internal lining in the tank, in accordance with the lining manufacturer's installation instructions, to address compatibility issues; or

(ii) comply with tank or equipment manufacturer's instructions;

(c) change the regulated substance stored to one that is compatible with the storage tank system; or

(d) permanently close the storage tank system within 12 months of the effective date of these regulations in accordance with the permanent closure requirements in 20.5.115.1502 NMAC; or

(3) use another option determined by the department to be no less protective of human health and the environment than the options listed in this section.

C. Owners and operators must maintain records documenting compliance with this section for as long as the storage tank system is used to store the regulated substance.

D. Owners and operators shall use 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 to comply with the compatibility requirements of this section. American Petroleum Institute Recommended Practice RP 1626, "Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations" shall be used to comply with the requirements of this section as they pertain to storage of ethanol blends.

N.M. Admin. Code § 20.5.110.1009

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