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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.

*NEW* The draft regulations were submitted to the Environmental Improvement Board (EIB) on October 6, 2017 with a request to petition the EIB at its next meeting on October 27, 2017 for a hearing date. The hearing on the draft regulations will not be held on October 27, but will be scheduled for a later date by the EIB at that time, if the EIB chooses to hold a hearing on the matter. The EIB meeting will begin at 9:30 a.m. in room 307 of the State Capitol Building, 490 Old Santa Fe Trail, Santa Fe, NM 87501. The draft agenda of the meeting will be posted at https://www.env.nm.gov/environmental-improvement-board/ approximately 10 days before the meeting.

Things to know:

  • The proposed revisions to the regulations have been posted below.
  • 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.
  • You may submit questions and comments on the proposed regulations to pst.regulations@state.nm.us for the bureau's consideration.
  • There will be an opportunity to present technical and non-technical testimony at the hearing. The public notice for the hearing will contain instructions on how to provide testimony. The public notice will be published in the Albuquerque Journal and the New Mexico Register, and will be posted on the EIB and PSTB websites.
  • Updates and additional details will be provided in future communications.

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.

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

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