New Mexico Petroleum Storage Tank Regulations

 Complete 20.5 NMAC and key laws currently in effect: Complete current NM Petroleum Storage Tank Regulations in one pdf

Recent Petroleum Storage Tank regulation changes that may affect you:

The current part 123, Corrective Action Fund Administration, of the Petroleum Storage Tank regulations, 20.5 NMAC, went into effect December 27, 2018.

Changes to 20.6.2 NMAC, Water Quality Control Commission regulations, including changes to ground water quality standards, went into effect December 21, 2018.

The two changes above may affect you if there’s a leak or spill from one of your tanks. Scroll to bottom of page for more information.

The Petroleum Storage Tank Regulations, 20.5 NMAC (except part 123-formerly part 17), that were adopted by the Environmental Improvement Board on 5/25/2018 were published and are effective as of July 24, 2018. 

If you’d like to be on our email list, please subscribe at https://www.env.nm.gov/petroleum_storage_tank.

• You may download and print your own copy of the revised regulations or any linked document below. They are in pdf format. If your computer asks you to choose a program to read the file, choose Adobe Acrobat
• Questions on the regulation changes may be emailed to pst.regulations@state.nm.us and may be used for FAQs (frequently asked questions) on the PSTB website or elsewhere. Identifying information will be removed before the question is used.

** CORRECTION – If you downloaded or received the summary before 8/22/18, please download again. Grace period is 15 days (p.2; began in 2019).**

*CORRECTED 8/22/18*2018 20.5 NMAC Summary of Major Changes

*SPANISH version of summary*Resumen de Los Principales Cambios en la Regulación de Tanques de Almacenamiento de Petróleo

Outreach Presentation Overview

UST Outreach Presentation

AST Outreach Presentation

Part 114 Outreach Presentation

Part 115 Outreach Presentation

Part 118 Outreach Presentation

Part 119-122 Outreach Presentation

Crosswalk of 20.5 NMAC (2012) and 20.5 NMAC (2018) Petroleum Storage Tank Regulations

Complete current NM Petroleum Storage Tank Regulations and key laws

20.5.101 NMAC (formerly 20.5.1), General Provisions

20.5.102 NMAC (formerly 20.5.2), Registration of Tanks

20.5.103 NMAC (formerly 20.5.3), Annual Fee

20.5.104 NMAC (formerly 20.5.18), Operator Training

20.5.105 NMAC (formerly 20.5.14), Certification of Tank Installers and Junior Installers; Requirements for Testers

20.5.106 NMAC (formerly 20.5.4), New and Upgraded Underground Storage Tank Systems: Design, Construction, and Installation

20.5.107 NMAC (formerly 20.5.5), General Operating Requirements for Underground Storage Tank Systems

20.5.108 NMAC (formerly 20.5.6), Release Detection for Underground Storage Tank Systems

20.5.109 NMAC (formerly 20.5.4), New and Upgraded Above Ground Storage Tank Systems: Design, Construction, and Installation

20.5.110 NMAC (formerly 20.5.5), General Operating Requirements for Above Ground Storage Tank Systems

20.5.111 NMAC (formerly 20.5.6), Release Detection for Above Ground Storage Tank Systems

20.5.112 NMAC (formerly 20.5.4), Above Ground Storage Tank Emergency Generator Systems

20.5.113 NMAC (formerly 20.5.4), Underground Storage Tank Emergency Generator Systems

20.5.114 NMAC (no former part), Airport Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed Tanks, and Hybrid Storage Tank Systems

20.5.115 NMAC (formerly 20.5.8), Out-of-Service Storage Tank Systems and Closure

20.5.116 NMAC (formerly 20.5.19), Delivery Prohibition

There was a publishing error in 20.5.117 NMAC below. Use the version of 20.5.117.1755 immediately below instead of the version of 20.5.117.1755 NMAC in 20.5.117 as published. Download both for the complete rule. The error will be corrected in a rulemaking. Watch this page for further information.**

Section 1755 of 20.5.117 – Corrected version

20.5.117 NMAC (formerly 20.5.9), Financial Responsibility (version with error in section 1755 as published in NM Register)

20.5.118 NMAC (formerly 20.5.7), Reporting and Investigation of Suspected and Confirmed Releases

20.5.119 NMAC (formerly 20.5.12), Corrective Action for Storage Tank Systems Containing Petroleum Products

20.5.120 NMAC (formerly 20.5.13), Corrective Action for UST Systems Containing Other Regulated Substances

20.5.121 NMAC (formerly 20.5.15), Corrective Action Fund Use and Expenditures

20.5.122 NMAC (formerly 20.5.16), Qualification of Persons Performing Corrective Action

20.5.123 NMAC (formerly 20.5.17), Corrective Action Fund AdministrationThis part was adopted by the Secretary of NMED on November 19, 2018 and became effective December 27, 2018.

20.5.124 NMAC (formerly 20.5.11), Lender Liability

20.5.125 NMAC (formerly 20.5.10), Administrative Review

The New Mexico State Records Center and Archives publishes the regulations on their website. The old version of the Petroleum Storage Tank regulations was repealed when the new version was adopted, so scroll past the repealed sections to find the current regulations: http://164.64.110.134/nmac/T20C005.

Additional information on changes to part 123 of the Petroleum Storage Tank regulations that took effect 12/27/2018 and changes to 20.6.2 NMAC, Water Quality Control Commission regulations that took effect 12/21/2018.

See 20.5.123 NMAC (formerly 20.5.17), Corrective Action Fund, above, for the current Part 123 regulation.

Presentation given at stakeholders’ meeting on proposed changes to 20.5.123 NMAC

Sections 7, 10, 1203, 1210, 3102, 3105 through 3109, 3112, 3114, 4101,4103 through 4106, 4108, 4109, 4114, 5002 through 5006, 5101, 5102, 5202, 5206, and 5209 of 20.6.2 NMAC, Water Quality Control Commission regulations, were amended effective December 21, 2018. Note in particular that some of the ground water quality standards have changed. Please refer to http://www.srca.nm.gov/nmac/nmregister/xxix/20.6.2amend.html for the changes and the new regulation.

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