N.M. Admin. Code § 20.5.118.1801

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

Section 20.5.118.1801 - SUSPECTED RELEASES

A. Owners, operators, certified installers, certified junior installers, and testers of storage tank systems shall report the following conditions, which are considered suspected releases, to the department within 24 hours, in accordance with 20.5.118.1800 NMAC, and follow the procedures in Subsection B of this section:

(1) evidence of released regulated substances in the vicinity of the storage tank site, including but not limited to, the presence of non-aqueous phase liquid or vapors in soils, basements, sewer and utility lines, groundwater, drinking water or nearby surface water;

(2) unusual operating conditions such as, but not limited to, no flow of product, slow flow of product, the erratic function of product dispensing equipment, the sudden loss of a regulated substance from the storage tank system, an unexplained presence of water in the storage tank system, the presence of a regulated substance in containment sumps or in the annular or interstitial space of secondarily contained tanks or piping, or interstitial sensor alarm conditions, unless after an investigation:

(a) the storage tank system equipment or component is determined not to have released regulated substances into the environment;

(b) all defective storage tank system equipment or components are immediately repaired or replaced; and

(c) for secondarily contained storage tank systems, except as provided for in Subparagraph (d) of Paragraph (2) of Subsection A of 20.5.108.808 NMAC, any liquid in the interstitial space not used as part of the interstitial monitoring method (for example brine filled) is immediately removed.

(3) monitoring or test results, including investigation of an alarm, that are anything other than a "pass" or "normal" result from any release detection method in 20.5.108 NMAC and 20.5.111 NMAC, or that indicate a release may have occurred unless:

(a) the monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring is performed which does not indicate that a release has occurred;

(b) the leak is contained in the secondary containment; and

(i) except as provided for in Subparagraph (d) of Paragraph (2) of Subsection A of 20.5.108.808 NMAC, any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed; and

(ii) all defective storage tank system equipment or components are immediately repaired or replaced.

(c) the investigation determines no release has occurred;

(d) in the case of statistical inventory reconciliation, described in 20.5.108 NMAC, inconclusive or failed monthly results are overturned by the third-party vendor within 24 hours of the receipt of the report from the vendor; or

(e) the alarm was investigated and determined to be a non-release event (for example, from a power surge or caused by filling or dispensing from the tank during release detection testing).

(4) failing results from continuous monitoring or periodic testing of spill prevention equipment and containment sumps; or

(5) other evidence of failure or deterioration such as but not limited to holes, cracks, or corrosion in the storage tank system.

B. Owners and operators shall investigate all suspected releases of regulated substances within seven days of discovery of the suspected release. Owners and operators shall conduct appropriate storage tank system testing, site check or another procedure, with prior approval by the department of the procedure.

(1) System test. Owners and operators shall conduct appropriate system tests approved by the department according to the requirements for tightness testing for USTs in 20.5.108.804 NMAC and in Subparagraph (a) of Paragraph (3) of Subsection A of 20.5.108.810 NMAC, and for ASTs in 20.5.111.1101 NMAC and Subparagraph (a) of Paragraph (3) of Subsection A of 20.5.111.1105 NMAC, or as appropriate, secondary containment testing described in 20.5.107 NMAC or 20.5.110 NMAC.

(a) The test must determine whether:

(i) a leak exists in any portion of the tank or piping that has the potential to contain a regulated substance;

(ii) a breach of the inner or outer wall of the secondary containment has occurred; or

(iii) the integrity of the tank system is compromised such that a release has occurred.

(b) If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, upgrade or close the storage tank system. In addition, owners and operators must begin corrective action in accordance with 20.5.119 NMAC if test results for the storage tank system indicate that a release has occurred.

(c) Further investigation is not required if test results for the storage tank system do not show a leak exists and if environmental contamination is not the basis for suspecting a release.

(2) Site check. When there is evidence of a release of a regulated substance in the vicinity of a storage tank system, owners and operators shall conduct a site check as directed by the department.

(a) Owners and operators shall investigate a release in the locations where contamination is most likely to be present at the storage tank site.

(b) In selecting sample types, sample locations, and measurement methods, owners and operators shall consider the nature of the stored regulated substance, the basis for the suspected release report, the type of backfill, depth to groundwater, and other appropriate site-specific conditions.

(c) The department shall approve sample types, locations and methods of measurement.

(3) In the case of a suspected release indicated by statistical inventory reconciliation, after following the process outlined in 20.5.108.809.C NMAC, owners and operators shall conduct appropriate system tests or site checks approved by the department.

C. In the event of a suspected release, the secretary may take any action necessary, including suspension of the use of a storage tank system and requiring additional testing or other actions to investigate whether a release has occurred.

D. Owners and operators who do not demonstrate that a release has not occurred within 30 days of the reporting of a suspected release, or another timeframe approved by the department, shall be subject to the requirements of 20.5.118.1802 NMAC and the requirements of 20.5.119 NMAC or 20.5.120 NMAC for confirmed releases.

E. Owners and operators shall report to the department in writing all results of the storage tank system test, site check or other procedure approved by the department in accordance with this part. Any report submitted in accordance with this section shall contain, at a minimum, the information required in Subsection A of 20.5.118.1800 NMAC.

[To provide notice to the department under this section, telephone the department staff person currently on duty; to obtain this number, check the petroleum storage tank bureau's pages on the department website.]

N.M. Admin. Code § 20.5.118.1801

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