New Mexico Register / Volume XXIX,
Issue 14 / July 24, 2018
TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER
5 PETROLEUM STORAGE TANKS
PART 113 UNDERGROUND STORAGE TANK EMERGENCY
GENERATOR SYSTEMS
20.5.113.1 ISSUING
AGENCY: New Mexico
Environmental Improvement Board.
[20.5.113.1 NMAC - N, 07/24/2018]
20.5.113.2 SCOPE:
This part
applies to owners
and operators of underground storage tank emergency
generator systems as provided in
20.5.101 NMAC. If the owner and operator of an underground 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.
[20.5.113.2 NMAC - N, 07/24/2018]
20.5.113.3 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.
[20.5.113.3 NMAC - N, 07/24/2018]
20.5.113.4 DURATION: Permanent.
[20.5.113.4 NMAC - N, 07/24/2018]
20.5.113.5 EFFECTIVE DATE: July 24, 2018, unless
a later date
is
indicated in
the bracketed history note at the end of a section.
[20.5.113.5 NMAC - N, 07/24/2018]
20.5.113.6 OBJECTIVE:
The purpose of
20.5.113 NMAC is to
ensure that underground
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.
[20.5.113.6 NMAC - N, 07/24/2018]
20.5.113.7 DEFINITIONS: The definitions
in 20.5.101
NMAC apply to this part.
[20.5.113.7 NMAC - N, 07/24/2018]
20.5.113.8 to
20.5.113.1299 [RESERVED]
20.5.113.1300 GENERAL REQUIREMENTS: Owners and operators of underground 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.
[20.5.113.1300 NMAC - N, 07/24/2018]
20.5.113.1301 DEADLINES FOR CLOSING OR UPGRADING
EXISTING UST EMERGENCY GENERATOR SYSTEMS:
Not later than July 1, 2013, owners and operators of UST emergency
generator systems installed prior to April 4, 2008, must have:
A. upgraded
UST emergency generator systems to meet all performance standards for UST
systems in this part and 20.5.106 NMAC; or
B. permanently
closed any UST emergency generator system that does not meet the performance
standards in this part and 20.5.106 NMAC in accordance with 20.5.115.1502 NMAC.
[20.5.113.1301 NMAC - N, 07/24/2018]
20.5.113.1302 DESIGN,
CONSTRUCTION, AND INSTALLATION OF NEW AND UPGRADED UNDERGROUND STORAGE TANK EMERGENCY
GENERATOR SYSTEMS: Owners and
operators of underground storage tank emergency generator systems shall meet
all of the requirements in this section in addition to all of the applicable
requirements in 20.5.106 NMAC.
A. Owners
and operators of USTs 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
UST by a separate pump and piping system other than that which supplies a
regulated substance to the emergency generator;
B. Owners and
operators who install a normally closed solenoid valve on the supply piping so
that a leak will not drain the system by siphon shall meet one of the
following:
(1) the
solenoid valve shall operate from battery voltage and have manual (nonelectric)
operation; or
(2) owners and operators shall install a
manual bypass valve.
C. Owners and operators of underground
storage tank emergency generator systems shall use national codes and standards
as required in 20.5.106 NMAC. Owners and operators shall also use one 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”.
D. Owners and
operators of UST emergency generator systems installed prior to April 4, 2008 must
have either met the requirements for new UST systems in 20.5.106.606 NMAC or have
upgraded the UST systems in accordance with the requirements in 20.5.106.607
NMAC.
E. Owners and
operators of UST emergency generator systems installed on or after April 4,
2008 shall meet the secondary containment requirements in 20.5.106.606 NMAC at
installation.
F. Owners and
operators shall use one or more of the following to meet the requirements for
this section:
(1) Petroleum
Equipment Institute Publication RP100, “Recommended Practices for Installation
of Underground Liquid Storage Systems”;
(2) American Petroleum Institute Publication RP
1615, “Installation of Underground Hazardous Substances or Petroleum Storage
Systems”;
(3) American
Petroleum Institute 570, “Pipe Inspection Code: In-Service Inspection, Rating,
Repair, and Alteration of Piping Systems”;
(4) American Society of Mechanical Engineers Standard
B31.3, “Process Piping”;
(5) National Fire Protection Association Standard
110, “Standard for Emergency and Standby Power Systems”; and
(6) 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”.
[20.5.113.1302 NMAC - N, 07/24/2018]
20.5.113.1303 RELEASE
DETECTION REQUIREMENTS FOR UST EMERGENCY GENERATOR SYSTEMS INSTALLED PRIOR TO
JULY 24, 2018: Owners and operators
of UST 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 20.5.108
NMAC.
A. Owners and
operators of UST 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 underground storage tanks every 30 days for
releases.
B. Owners
and operators of UST 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 UST 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 meet the requirements
of 20.5.108.810 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 to
meet the interstitial monitoring requirements shall not be required to
automatically shut off the submersible turbine pump when a liquid 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 UST emergency generator systems with piping
that conveys a regulated substance by suction shall comply with the
requirements in 20.5.108.812 NMAC, except 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 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) American Petroleum Institute Publication RP
1615, “Installation of Underground Hazardous Substances or Petroleum Storage
Systems”;
(3) American
Petroleum Institute 570, “Pipe Inspection Code: In-Service Inspection, Repair, and
Alteration of Piping Systems”;
(4) American
Society of Mechanical Engineers Standard B31.3, “Process Piping”;
(5) National Fire Protection Association Standard
110, “Standard for Emergency and Standby Power Systems”; and
(6) 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”.
[20.5.113.1303 NMAC - N, 07/24/2018]
20.5.113.1304 RELEASE
DETECTION REQUIREMENTS FOR UST EMERGENCY GENERATOR SYSTEMS INSTALLED OR
MODIFIED ON, OR AFTER JULY 24, 2018:
Owners and
operators of UST 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 20.5.106 NMAC upon installation.
A. Owners and
operators of UST emergency generator systems installed or modified on
or after the effective date of these regulations shall use interstitial monitoring in accordance
with 20.5.108.810 NMAC to meet the requirements for monthly monitoring.
B. Owners
and operators of UST 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 UST emergency generator systems shall meet the requirements of 20.5.108.811
NMAC, except:
(1) Automatic
line leak detectors for UST emergency generator systems shall not be required
to restrict or shut off the flow of regulated substances; and
(2) Sensors used to
meet the interstitial monitoring requirements for UST 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 and visual alarm when liquid is detected.
C. Owners
and operators of UST 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 by suction shall comply
with the requirements in 20.5.108.813 NMAC, except that the sensors used for
interstitial monitoring shall activate an external audible and visual alarm
when liquid is detected either in the interstice of the piping or in
containment sumps. Sensors used to meet the interstitial
monitoring requirements for UST 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) American Petroleum Institute Publication RP
1615, “Installation of Underground Hazardous Substances or Petroleum Storage
Systems”;
(3) American
Petroleum Institute 570, “Pipe Inspection Code: In-Service Inspection, Repair, and
Alteration of Piping Systems”;
(4) American Society of Mechanical Engineers Standard
B31.3, “Process Piping”;
(5) National Fire Protection Association Standard
110, “Standard for Emergency and Standby Power Systems”; and
(6) 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”.
[20.5.113.1304 NMAC - N, 07/24/2018]
20.5.113.1305 CERTIFIED INSTALLERS: Owners and operators of underground 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.
[20.5.113.1305 NMAC - N, 07/24/2018]
20.5.113.1306 ALTERNATE METHODS:
A. If
owners and operators want to install UST emergency generator systems to meet
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 or 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 or piping installed prior to the
effective date of the regulations, and if, for USTs, the method can detect a two-tenth
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 or piping installed
prior to the effective date of the regulations if owners and operators can
demonstrate that the method can detect a release as effectively as any of the
applicable methods allowed in 20.5.108 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.
[20.5.113.1306 NMAC - N, 07/24/2018]
20.5.113.1307 RECORDKEEPING: Owners and
operators of underground storage tank emergency generator systems shall
meet the requirements for recordkeeping in this part in addition to all of the
applicable requirements in 20.5.107 NMAC and 20.5.108 NMAC.
[20.5.113.1307 NMAC - N, 07/24/2018]
20.5.113.1308 REPORTING: Owners and
operators of underground storage tank emergency generator systems shall
meet the requirements for reporting in this part in addition to all of the
applicable requirements in 20.5.107.715 NMAC and 20.5.108.816 NMAC.
[20.5.113.1308 NMAC - N, 07/24/2018]
History of 20.5.113 NMAC: [RESERVED]