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New Mexico Underground Storage Tank Process (18-NM-a)

Pursuant to the authority granted in the Hazardous Waste Act (New Mexico) and the Environmental Improvement General Provisions, The New Mexico Environment Department (NMED) Petroleum Storage Tank Bureau oversees the installation, modification, and removal of underground storage tanks (UST) in New Mexico. Developers should first determine if their UST system is exempt from NMAC 20.5 regulation and then follow the accompanying requirements. The NMED encourages early project consultation.


Underground Storage Tank Process Process

18-NM-a.1 to 18-NM-a.2 – Is the UST system excluded under NMAC 20.5.1?

NMAC 20.5.1 excludes the following UST systems from regulation:

  • Any UST system holding hazardous waste listed or identified under Subtitle C of the federal Resource Conservation and Recovery Act, except for any UST system containing petroleum;
  • Any wastewater treatment tank systems and any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the federal Clean Water Act;
  • Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;
  • Any UST system with a capacity of 110 gallons or less;
  • Any UST system that contains a de minimis concentration of regulated substances;
  • Any emergency spill or overflow containment UST system that is expeditiously emptied after use;
  • Any storage tank systems containing radioactive material that are regulated under the Atomic Energy Act of 1954;
  • Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the nuclear regulatory commission under 10 CFR part 50 appendix A;
  • Airport hydrant fuel distribution systems; and
  • UST systems with field-constructed tanks.

UST systems that fit within an exception do not require further regulation; however, any UST system in New Mexico (including those expressly excepted from regulation) must conform to three baseline criteria including:

  • Preventing releases due to corrosion or structural failure for the operational life of the tank;
  • Protecting against corrosion and structured in a way to prevent the release of any stored substance; and
  • Using lining material that is compatible with the substance to be stored.

18-NM-a.3 – Underground Storage Tank 30 Day Notice Form

The owner of a UST must give the NMED written notice of installation 30 days prior to commencing any installation activities. NMAC 20.5.2.10.

18-NM-a.4 to 18-NM-a.5 – Did the Developer Submit an EPA Form 7530-1 Notice?

Generally, a developer must register the proposed activities related to UST systems with the NMED. The NM Underground Storage Tank Registration form is provided. The required registration information is extensive, but generally requires identifying information, descriptions of the tank, internal protection, piping, and use of the tank.

18-NM-a.6 – EPA Form 7530-1; Annual Fee

Alternatively, a developer may submit a EPA Notification for UST Form 7530-1 to the NMED in lieu of the NM Underground Storage Tank Registration form. In either case, a developer must submit the $100 annual payment fee to the NMED within 30 days of putting the UST into service. NMAC 20.5.3.8.B.1.d.

18-NM-a.7 – Registration Certificate

It is illegal for any person to operate a UTS system without a current and valid registration certificate. If the developer submits a complete NM Underground Storage Tank Registration form or EPA Notification for UST Form 7530-1 and the $100 annual fee, the NMED will issue an initial registration certificate. Regardless of the date of issuance, the initial registration certificate expires on the next succeeding June 30. The NMED will issue a renewed registration certificate upon payment of the annual fee on or before July 1 of each year. NMAC 20.5.2.15.




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