N.M. Admin. Code § 20.5.109.910

Current through Register Vol. 35, No. 24, December 23, 2024

Section 20.5.109.910 - SPILL AND OVERFILL PREVENTION

A. Except as provided in Subsection B of this section, to prevent spilling and overfilling associated with transfers of regulated substances to above ground storage tank systems, owners and operators shall use the following spill and overfill prevention equipment:

(1) spill prevention equipment that will prevent release of regulated substances to the environment when the transfer hose is detached from the fill pipe (for example, a spill bucket); and

(2) overfill prevention equipment for ASTs that will:

(a) automatically shut off flow into the tank when the tank is no more than ninety-five percent full; or

(b) alert the transfer operator when the tank is no more than ninety percent full by restricting the flow into the tank or triggering a high-level audible and visual alarm.

B. Owners and operators are not required to use the spill and overfill prevention equipment specified in Subsections A and G of this section if approved in writing in advance by the department where:

(1) alternative equipment is used that is determined by the department to be no less protective of public health, safety and welfare and the environment than the equipment specified in Paragraphs (1) or (2) of Subsection A of this section; or

(2) the above ground storage tank system is filled by transfers of no more than 25 gallons at one time;

C. Flow restrictors shall not be used in vent lines and shall not be used as overfill prevention equipment for ASTs.

D. Spill and overfill prevention equipment must be periodically tested or inspected in accordance with 20.5.110.1005 NMAC.

E. Owners and operators of AST systems that were previously exempt from spill and overfill requirements shall install no later than three years after the effective date of these regulations, spill and overfill prevention equipment required in Paragraphs (1) and (2) of Subsection A of this section for any AST system at retail and fleet refueling facilities where the fill port is located within a secondary containment system.

F. Overfill prevention and spill prevention equipment shall be either listed in accordance with an industry standard or code of practice developed by a nationally recognized association or independent testing laboratory for use with flammable and combustible liquids or approved prior to installation in accordance with Paragraph (1) of Subsection B of this section.

N.M. Admin. Code § 20.5.109.910

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