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 document
Separate sections of current NM Petroleum Storage Tank Regulations are available below (20.5.101 NMAC, 20.5.102 NMAC, etc.)
New Regulations Take Effect July 24, 2021/Las nuevas regulaciones entran en vigor el 24 de julio de 2021
Thanks to all who attended last week’s virtual presentations! Here are the slides:
July 24, 2021 Deadlines and more for Underground Storage Tanks
July 24, 2021 Deadlines and more for Aboveground Storage Tanks
“Hybrid storage tank system” means a storage tank system where any combination of above ground and underground storage tank systems are connected in a manner where fuel enters one tank from the other tank under pressure or gravity flow but is not part of a siphon system (from 20.5.101.7(H)(4) NMAC.)
More virtual presentation on these requirements are planned for the week of July 12-16, 2021:
Tuesday, July 13, 2021: 2:00pm – 3:30pm Mountain Standard Time
Requirements for Aboveground Storage Tanks (ASTs)
Wednesday, July 14, 2021: 9:00am – 10:30am Mountain Standard Time
Requirements for Airport Hydrant Systems USTs, USTs with Field-Constructed Tanks, Hybrid Storage Tank Systems
Thursday, July 15, 2021: 2:00pm – 3:30pm Mountain Standard Time
Requirements for Underground Storage Tanks (USTs)
Meeting links for meetings Coming Soon! Click the blue “Subscribe to Email Alerts” button on the home page and choose one or more of the Petroleum Storage Tank/PST options under Program Updates. If you’re already subscribed, you will not be added twice.
If any person requires further information, assistance, an interpreter or auxiliary aid to participate in this meeting or access documents, please contact Bonney Hughes as soon as possible at 505.372-8336 (Relay users please access the number via the New Mexico Relay Network) or bonney.hughes@state.nm.us.
Si alguna persona necesita obtener más información, asistencia, un intérprete o un dispositivo auxiliar para participar en esta reunión o acceder a los documentos, comuníquese con Bonney Hughes lo antes posible llamando al 505.372-8336 (los usuarios de Relay pueden acceder al número a través de New Mexico Relay Network) o bonney.hughes@state.nm.us.
- A qualified tester must perform the first test of your spill and overfill prevention equipment and interstitial monitoring containment sumps by July 24, 2021.
- Owners, operators, certified installers, junior installers, and testers must report leaks, releases, or spills (including failed tests) within 24 hours by contacting the Leak of the Week listed here: https://www.env.nm.gov/petroleum_storage_tank/leaks-spills-and-incident-reports/ or by calling (505) 827-9329 outside of state business hours if it is an emergency. This requirement is in effect now and has been in effect for many years.
- Handy spreadsheet here to help you comply with testing-related regulations and deadlines that are fast approaching.
- Read and attend the presentation(s) above for the type of equipment you have to learn what else you need to do by the July deadline and more.
Important statutes (laws) related to Petroleum Storage Tanks in New Mexico (more coming soon):
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Hazardous Waste Act (74-4 NMSA 1978)
Ground Water Protection Act (74-6B NMSA 1978)
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. Click here to jump to more information about these two changes.
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.
- 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.
If you’d like to be on our email list, please subscribe at https://www.env.nm.gov/petroleum_storage_tank.
** 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
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
20.5.107 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
20.5.111 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
20.5.115 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
20.5.118 NMAC (formerly 20.5.7), Reporting and Investigation of Suspected and Confirmed Releases
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.
Presentations on New Mexico’s Petroleum Storage Tank regulations
Outreach Presentation Overview
Part 114 Outreach Presentation
Part 115 Outreach Presentation
Part 118 Outreach Presentation
Part 119-122 Outreach Presentation
Part 123 Outreach Presentation
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