New Mexico Register / Volume XXIX,
Issue 14 / July 24, 2018
TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER
5 PETROLEUM STORAGE TANKS
PART
112 ABOVE GROUND STORAGE TANK EMERGENCY
GENERATOR SYSTEMS
20.5.112.1 ISSUING
AGENCY: New Mexico
Environmental Improvement Board.
[20.5.112.1
NMAC - N, 07/24/2018]
20.5.112.2 SCOPE: This part
applies to
owners and operators of above
ground storage tank emergency generator systems as provided in 20.5.101 NMAC. If the
owner and operator of
an above ground storage tank emergency generator system are separate persons, only one person is required
to comply with the requirements of this part, including any notice and reporting requirements;
however, both parties are liable
in the event of
noncompliance.
[20.5.112.2
NMAC - N, 07/24/2018]
20.5.112.3 STATUTORY AUTHORITY: This part
is promulgated pursuant
to the provisions of the
Hazardous Waste Act, Sections
74-4-1 through 74-4-14 NMSA 1978; and the general provisions of the Environmental Improvement Act, Sections
74-1-1 through 74-1-17 NMSA 1978.
[20.5.112.3
NMAC - N, 07/24/2018]
20.5.112.4 DURATION:
Permanent.
[20.5.112.4
NMAC - N, 07/24/2018]
20.5.112.5 EFFECTIVE DATE: July
24, 2018, unless a later date
is
indicated in
the bracketed history note at the end of a section.
[20.5.112.5
NMAC - N, 07/24/2018]
20.5.112.6 OBJECTIVE: The purpose of
20.5.112 NMAC is to
ensure that above ground
storage tank emergency generator systems are designed,
constructed, installed, modified, repaired, operated, and maintained to
minimize releases, to ensure that releases from
storage tanks are detected
early to minimize potential harmful resulting effects, and to regulate storage tank systems in order
to protect the public health, safety
and welfare and the environment of the state.
[20.5.112.6
NMAC - N, 07/24/2018]
20.5.112.7 DEFINITIONS: The definitions
in 20.5.101
NMAC apply to this part.
[20.5.12.7
NMAC – N, 07/24/2018]
20.5.112.8 to 20.5.112.1199 [RESERVED]
20.5.112.1200 GENERAL
REQUIREMENTS: Owners and
operators of above ground storage tank emergency generator systems shall meet
the requirements in this part in addition to all of the applicable requirements
in the rest of 20.5 NMAC.
[20.5.112.1200
NMAC - N, 07/24/2018]
20.5.112.1201 DEADLINES
FOR CLOSING OR UPGRADING ABOVE GROUND STORAGE TANK EMERGENCY GENERATOR SYSTEMS: Not later than July 1, 2013
owners and operators of AST emergency generator systems must have:
A. upgraded AST emergency
generator
systems to meet all performance standards for AST systems in 20.5.109 NMAC,
with the exception that existing systems need not submit project drawings; or
B. permanently closed
any AST emergency
generator
system that does not meet the performance standards in 20.5.109 NMAC in
accordance with 20.5.115.1502 NMAC.
[20.5.112.1201
NMAC - N, 07/24/2018]
20.5.112.1202 DESIGN,
CONSTRUCTION, AND INSTALLATION OF NEW AND UPGRADED ABOVE GROUND STORAGE TANK
EMERGENCY GENERATOR SYSTEMS: Owners and
operators of above ground storage tank emergency generator systems shall meet
all of the requirements in this section in addition to all of the applicable
requirements in 20.5.109 NMAC.
A. Owners
and operators of ASTs used for emergency power generation where the loss of
electrical power will not result in the loss of human life or serious injury
may install motor fuel dispensers only if the dispensers are connected to the AST
by a separate pump and piping system other than that which supplies a regulated
substance to the emergency generator.
B. Owners and
operator who install a normally closed solenoid valve in accordance with Subsection
D of 20.5.109.902 NMAC on the supply piping so that a leak will not drain the
system by siphon shall meet one of the following:
(1) solenoid
valve shall operate from battery voltage and have manual (nonelectric)
operation; or
(2) install
a manual bypass valve.
C. Owners and
operators of above ground storage tank emergency generator systems shall use
national codes and standards in 20.5.109 NMAC. Owners and operators shall also use or more of
the following to comply with the requirements of this part:
(1) National Fire Protection Association Standard
110, “Standard for Emergency and Standby Power Systems”; and
(2) Petroleum Equipment Institute Publication
RP1400, “Recommended Practices for the Design and Installation of Fueling
Systems for Emergency Generators, Stationary Diesel Engines, and Oil Burner
Systems”.
[20.5.112.1202
NMAC - N, 07/24/2018]
20.5.112.1203 DESIGN,
CONSTRUCTION, AND INSTALLATION OF NEW AND UPGRADED ABOVE GROUND SUB-BASE TANK
EMERGENCY GENERATOR SYSTEMS: Owners
and operators of above ground storage tanks that are installed underneath
emergency generators, and are also known as belly tanks or sub-base generator
tanks, shall meet all of the requirements in this section in addition to all of
the applicable requirements in 20.5.109 NMAC.
A. Owners and
operators shall be required to meet the certified installer requirements in 20.5.105
NMAC for new sub-base ASTs.
B. Owners and
operators shall not be required to meet installation requirements for above
ground piping for any above ground piping that connects the sub-base AST to the
emergency generator.
C. Owners and
operators of sub-base AST systems shall comply with release detection
requirements for tanks and piping in 20.5.111 NMAC no later than three years
after the effective date of these regulations.
[20.5.112.1203
NMAC - N, 07/24/2018]
20.5.112.1204 OPERATION AND MAINTENANCE REQUIREMENTS FOR ABOVE GROUND STORAGE TANK EMERGENCY GENERATOR SYSTEMS: Owners and
operators of above ground storage tank emergency
generator systems shall
meet all of the requirements for operation and maintenance in 20.5.110 NMAC in
addition to all of the applicable requirements in the rest of 20.5 NMAC.
[20.5.112.1204
NMAC - N, 07/24/2018]
20.5.112.1205 RELEASE
DETECTION REQUIREMENTS FOR ABOVE GROUND STORAGE TANK EMERGENCY GENERATOR
SYSTEMS INSTALLED PRIOR TO JULY 24, 2018: Owners and operators of AST emergency
generator systems installed
prior to the effective date of these regulations shall meet all of the
requirements in this section in addition to all of the applicable requirements
in 20.5.111 NMAC.
A. Owners and
operators of AST emergency generator systems shall implement a method, or
combination of methods, no later than three years after the effective date of
these regulations that monitors above ground storage tanks every 30 days for
releases.
B. Owners
and operators of AST emergency generator systems shall provide a method, or
combination of methods, of release detection for underground piping no later
than three years after the effective date of these regulations. The method, or combination of methods, shall
follow 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 comply with the
requirements for release detection for underground piping as follows:
(1) Owners
and operators of AST emergency generator systems with piping that conveys a
regulated substance under pressure shall use automatic line leak detectors for
emergency generators that alert the operator to the presence of a leak by activating
a visual and audible alarm when a leak is detected and that comply with the
requirements of 20.5.111.1105 NMAC, except:
(a) Automatic
line leak detectors for emergency generators shall not be required to restrict
or shut off the flow of regulated substances.
(b) Sensors used for
interstitial monitoring shall not be required to automatically shut off the
submersible turbine pump when a leak is detected in the interstice of the
piping or in containment sumps. Sensors
used for interstitial monitoring shall activate an external audible and visual
alarm when liquid is detected.
(2) Owners
and operators of ASTs with piping that conveys a regulated substance by suction
shall comply with the requirements in 20.5.111.1107 NMAC, except the sensors
used for interstitial monitoring shall not be required to restrict or shut off
the flow of regulated substances. Sensors
used for interstitial monitoring shall activate an audible and visual external alarm
when a liquid is detected.
C. Owners
and operators shall use one or more of the following to comply with the
requirements of this section:
(1) Petroleum Equipment Institute Publication
RP100, “Recommended Practices for Installation of Underground Liquid Storage Systems”;
(2) Petroleum Equipment Institute RP200, “Recommended
Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling”;
(3) American Petroleum Institute Publication RP
1615, “Installation of Underground Hazardous Substances or Petroleum Storage Systems”;
(4) American
Petroleum Institute 570, “Pipe Inspection Code: In-Service Inspection, Repair,
and Alteration of Piping Systems”;
(5) American Society of Mechanical Engineering Standard
B31.3, “Process Piping”;
(6) National Fire Protection Association Standard
NFPA 110, “Standard for Emergency and Standby Power Systems”; and
(7) Petroleum Equipment Institute Publication
RP1400, “Recommended Practices for the Design and Installation of Fueling
Systems for Emergency Generators, Stationary Diesel Engines, and Oil Burner Systems”.
[20.5.112.1205 NMAC - N, 07/24/2018]
20.5.112.1206 RELEASE
DETECTION REQUIREMENTS FOR ABOVE GROUND STORAGE TANK EMERGENCY GENERATOR SYSTEMS
INSTALLED OR MODIFIED ON, OR AFTER, JULY 24, 2018: Owners and operators of AST emergency
generator systems installed on, or after, the effective date of these
regulations shall meet all
of the requirements in this section in addition to all of the applicable
requirements in 20.5.111 NMAC upon installation.
A. Owners and
operators of AST emergency generator systems installed or modified on or after
the effective date of these regulations must implement a method, or combination
of methods, that monitors above ground storage tanks every 30 days for releases
using an applicable method in 20.5.111 NMAC.
B. Owners
and operators of AST emergency generator systems where the piping is installed
or replaced on, or after, the effective date of these regulations, and the
piping conveys a regulated substance under pressure shall use interstitial
monitoring and automatic line leak detectors that alert the operator to the
presence of a leak by activating an external audible and visual alarm when
liquid is detected. Owners and operators
of AST emergency generator systems shall comply with the requirements of 20.5.111.1106
NMAC, except:
(1) automatic
line leak detectors for AST emergency generator systems shall not be required to
shut off the flow of regulated substances; and
(2) sensors
used to meet the interstitial monitoring requirements for AST emergency
generator systems shall not be required to automatically shut off the flow of
product when liquid is detected in the interstice of the piping or in
containment sumps. Sensors used for
interstitial monitoring shall activate a secondary audible or visual alarm when
liquid is detected.
C. Owners
and operators of ASTs where the piping is installed or replaced on, or after, the
effective date of these regulations and the piping conveys a regulated
substance by suction shall comply with the requirements in 20.5.111.1108 NMAC,
except the sensors used for interstitial monitoring shall activate an external audible
and visual alarm when a leak is detected either in the interstice of the piping
or in containment sumps. Sensors used to
meet the interstitial monitoring requirements for AST emergency generator
systems shall not be required to automatically shut off the flow of product
when liquid is detected in the interstice of the piping or in containment
sumps.
D. Owners
and operators shall use one or more of the following to comply with the
requirements of this section:
(1) Petroleum Equipment Institute publication RP100,
“Recommended Practices for Installation of Underground Liquid Storage Systems”;
(2) Petroleum Equipment Institute RP200,
“Recommended Practices for Installation of Aboveground Storage Systems for
Motor Vehicle Fueling”;
(3) American Petroleum Institute publication RP
1615, “Installation of Underground Petroleum Storage Systems”;
(4) American
Petroleum Institute 570, “Pipe Inspection Code: In-Service Inspection, Repair,
and Alteration of Piping Systems”;
(5) American Society of Mechanical Engineering Standard
B31.3, “Process Piping”.
(6) National Fire Protection Association Standard
NFPA 110, “Standard for Emergency and Standby Power Systems”; and
(7) Petroleum Equipment Institute Publication
RP1400, “Recommended Practices for the Design and Installation of Fueling
Systems for Emergency Generators, Stationary Diesel Engines, and Oil Burner
Systems”.
[20.5.112.1206 NMAC - N, 07/24/2018]
20.5.112.1207 CERTIFIED INSTALLERS: Owners and operators of above ground storage
tank
emergency generator systems shall meet the requirements for certified installers in 20.5.105
NMAC in addition to all of the applicable requirements in the rest of 20.5
NMAC.
[20.5.112.1207 NMAC - N, 07/24/2018]
20.5.112.1208 ALTERNATE METHODS:
A. If
owners and operators want to install AST emergency generator systems to meet
the requirements in this part or want to
install release detection equipment for tanks or piping installed prior to the
effective date of these regulations with materials and methods that are not in
accordance with the current edition of an industry standard or code of practice
developed by a nationally recognized association or independent testing
laboratory, owners and operators shall apply in writing to the department,
shall provide supporting documentation, and shall not begin the installation
unless and until the department approves the request in writing. At a minimum, the request for an alternate
method shall contain the following:
(1) date the form is completed;
(2) facility name, facility ID number, address (with county)
and telephone number;
(3) owner name, owner ID number, address and telephone number;
(4) citation to regulation for which alternate method or
material (such as type of piping) is requested;
(5) brief description of the proposed alternate method or
material;
(6) justification of proposed alternate method or material,
including citation to a standard or code supporting its use, if available; and
(7) demonstration of its equivalent protection of public
health, safety and welfare and the environment.
B. Another
type of release detection method, or combination of methods, may be used if
approved pursuant to this section for tanks and piping installed prior to the
effective date of these regulations, and if, for ASTs, it can detect a 0.2
gallon per hour leak rate monthly or a release of 150 gallons within a month
from a tank with a probability of detection of 0.95 and a probability of false
alarm of 0.05.
C. The
department may approve another release detection method for tanks and piping
installed prior to the effective date of these regulations if owners and
operators can demonstrate that the method can detect a release as effectively
as any of the applicable methods allowed in 20.5.111 NMAC. In comparing methods, the department shall
consider the size of release that the method can detect and the frequency and
reliability with which it can be detected. If the method is approved, the owner and
operator shall comply with any conditions imposed by the department on its use
to ensure the protection of public health, safety and welfare and the
environment. The department shall not
grant the request unless owners and operators demonstrate that the request will
provide protection of public health, safety and welfare and the environment equivalent
to the protection provided by the methods in this part.
[20.5.112.1208 NMAC - N, 07/24/2018]
20.5.112.1209 RECORDKEEPING: Owners and operators of AST emergency
generator systems shall
meet the requirements for recordkeeping in this part in addition to all of the
applicable requirements in 20.5.110 NMAC and 20.5.111 NMAC.
[20.5.112.1209 NMAC - N, 07/24/2018]
20.5.112.1210 REPORTING: Owners and
operators of AST emergency generator systems shall meet the requirements
for reporting in this part in addition to all of the applicable requirements in
20.5.110 NMAC and 20.5.111 NMAC.
[20.5.112.1210 NMAC - N, 07/24/2018]
History of 20.5.112 NMAC: [RESERVED]