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Proposed Regulation Revisions

The Petroleum Storage Tank Bureau is in the process of revising the Petroleum Storage Tank Regulations to adopt provisions of the new federal rules and to clarify the existing rules where needed. EPA’s updated underground storage tanks (UST) regulations are final and have been published in the Federal Register. You can access these regulations via EPA’s website at http://www2.epa.gov/ust/revising-underground-storage-tank-regulations-revisions-existing-requirements-and-new.

New Mexico has state program approval (SPA) and has three years to reapply in order to retain our SPA status. New Mexico must adopt the revised federal rules in order to maintain SPA status with petroleum storage tank regulations. This means that until New Mexico’s regulations are revised and receive EPA approval, owners and operators in New Mexico must continue to follow current state requirements.

To view the PSTB Regulations that are currently in effect >> Click Here.

Public stakeholder meetings were held in June 2017 and August 2016 on draft revised versions of parts of these regulations.

The draft regulations were submitted to the Environmental Improvement Board (EIB) on October 6, 2017. Amended draft regulations were submitted to the EIB on January 25, 2018. The EIB held a public hearing on the proposed regulations February 21 and 22, 2018. Those wishing to provide technical and non-technical testimony had the opportunity to do so. The Environmental Improvement Board (EIB) will be deliberating on the proposed repeal and replace of the petroleum storage tank regulations, 20.5 NMAC during their meeting on April 27, 2018.

More information may be available on the EIB website: http://www.env.nm.gov/eib. The purpose of the hearing was to consider repealing 20.5.1 NMAC - 20.5.16 NMAC, 20.5.18 NMAC and 20.5.19 NMAC (the current regs except for part 17, see below) and replacing them with 20.5.101 NMAC through 20.5.122 NMAC, 20.5.124 NMAC and 20.5.125 NMAC (the new proposed regs posted below).

To see the full legal notices which were published in newspapers and the NM Register, click on one of these:

NOTICE OF PUBLIC HEARING TO REPEAL AND REPLACE CERTAIN PETROLEUM STORAGE TANK REGULATIONS

AVISO DE AUDIENCIA PÚBLICA PARA REVOCAR Y REEMPLAZAR CIERTAS REGLAMENTACIONES SOBRE TANQUES DE ALMACENAMIENTO DE PETRÓLEO

Things to know:

  • The proposed revisions to the regulations have been posted below. The versions below are the amended versions, if an amended version of that part was submitted to the EIB. Most amendments are minor. Material added in the amended version is underlined; material proposed to be removed is struck through.
  • Given the extensive changes, the organization of the regulations is proposed to change. For example, under the proposed regulations, AST and UST requirements are in different parts when distinct and appropriate.

If you’d like to be on one of our email lists, please subscribe at https://www.env.nm.gov/ust/ustbtop.html.

You may download and print your own copy of the proposed revised regulations. They are in pdf format. Please note, if you attempt to view these online, you will only see the first page. You must download them to see the entire part. If your computer asks you to choose a program to read the file, choose Adobe Acrobat.

Petition to repeal and replace existing NM Petroleum Storage Tank Regulations

Proposed part 101 (replaces current part 1), General Provision & Definitions*

Proposed part 102 (replaces current part 2), Registration of Tanks*

Proposed part 103 (replaces current part 3), Annual Fee*

Proposed part 104 (replaces current part 18), Operator Training*

Proposed part 105 (replaces current part 14), Certification of Tank Installers and Junior Installers; Requirements for Testers*

Proposed part 106 (replaces part of current part 4), New and Upgraded Underground Storage Tank Systems: Design, Construction, and Installation*

Proposed part 107 (replaces part of current part 5), General Operating Requirements for Underground Storage Tank Systems*

Proposed part 108 (replaces part of current part 6), Release Detection for Underground Storage Tank Systems*

Proposed part 109 (replaces part of current part 4), New and Upgraded Above Ground Storage Tank Systems: Design, Construction, and Installation*

Proposed part 110 (replaces part of current part 5), General Operating Requirements for Above Ground Storage Tank Systems*

Proposed part 111 (replaces part of current part 6), Release Detection for Above Ground Storage Tank Systems*

Proposed part 112, Above Ground Storage Tank Emergency Generator Systems*

Proposed part 113, Underground Storage Tank Emergency Generator Systems

Proposed part 114, Airport Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed Tanks, and Hybrid Storage Tank Systems*

Proposed part 115 (replaces current part 8), Out-of-Service Storage Tank Systems and Closure*

Proposed part 116 (replaces current part 19), Delivery Prohibition

Proposed part 117 (replaces current part 9), Financial Responsibility*

Proposed part 118 (replaces current part 7), Reporting and Investigation of Suspected and Confirmed Releases

Proposed part 119 (replaces current part 12), Corrective Action for Storage Tank Systems Containing Petroleum Products*

Proposed part 120 (replaces current part 13), Corrective Action for Storage Tank Systems Containing Other Regulated Substances*

Proposed part 121 (replaces current part 15), Corrective Action Fund Use and Expenditures*

Proposed part 122 (replaces current part 16), Qualification of Persons Performing Corrective Action

Proposed part 123 (replaces current part 17), Corrective Action Fund Administration (this part will be proposed for revision under the NM Environment Dept Secretary's rulemaking authority)

Proposed part 124 (replaces current part 11), Lender Liability*

Proposed part 125 (replaces current part 10), Administrative Review*

*Amended version, submitted to EIB January 25, 2018

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