UST Operator Certification Procedures
Class C Operator Training
In New Mexico, Class C training should be done on-site and must be done by an A/B operator. They may use our training course and orientation checklist to guide them through Class C operator training.
All of PASS’ operator training courses are offered through our in-house designed and built Learning Management System (LMS). Our courses are available on-demand, 24/7 and are accessible from any internet-connected computer, tablet, or phone. The student can complete an entire course in a single session or take the course in segments. The training may be stopped and restarted, allowing for maximum schedule flexibility. PASS also does not impose time restrictions on course access, so students may take as much time as they need to complete their training. Once training for C operators is completed, a certificate is available to save and print.
Registration & Fees
- Registration: Owners/operators must register all storage tanks unless those tanks have previously been registered and the information contained in the registration is still accurate. For new installations, the registration form (instructions for completing the registration form) and the applicable fee must be submitted to the PSTB within 60 days of placing a regulated substance in the tank. When ownership of a tank changes, when a new tank is placed into service, or when any previously submitted information changes, a new registration form must be submitted.
- Tank Fee: Owners/operators must pay the annual tank fee on July 1 for each fiscal year (July 1 through June 30) or portion of a year that a tank is in use. If July 1 falls on a Saturday or Sunday, payment will be due the following Monday. The annual fee is $100 per tank.
- Registration Certificate: Upon submission of a complete registration form and payment of the annual fee, the PSTB will issue a registration certificate, which must be displayed at the storage tank facility at all times. An initial registration certificate will expire on the next succeeding June 30, regardless of its date of issuance. Renewal registration certificates will expire on June 30 of each year.
Release Reporting
Owners, operators, installers, and testers of storage tank systems must report any suspected or confirmed releases to the PSTB within 24 hours. To report a spill, overfill, or suspected or confirmed release during business hours, owners/operators should call (505-476-4397) or go to Report a Leak or Spill here
https://www.env.nm.gov/petroleum_storage_tank/. During evenings and weekends, call the NMED emergency number (505-827-9329). Prior to contacting the PSTB, owners/operators should complete an Incident report form by clicking the form and instructions links under Report a Leak or Spill here:
https://www.env.nm.gov/petroleum_storage_tank/.
Owners/operators may refer to
https://www.srca.nm.gov/parts/title20/20.005.0118.html for more information.
Release Detection
UST owners/operators in New Mexico must meet standards in 20.5.106 and must use one of the following methods of release detection at least once every 30 days:
For USTs installed before April 4, 2008:
- Automatic Tank Gauge (ATG);
- Secondary containment with interstitial monitoring;
- Statistical Inventory Reconciliation (SIR);
- Vapor monitoring; or
- Groundwater monitoring
For USTs installed after April 4, 2008, must use interstitial monitoring.
AST owners/operators in New Mexico must use one of the following methods of release detection at least once every 30 days:
- Visual inspection, but only if all portions of the AST, including the bottom, is visible and accessible, if the interstice of double-walled and double-bottomed ASTs is inspected, and if a log of the results is available at the facility.
- Interstitial monitoring
- Automatic tank gauging if the system is third-party certified and the certification has been reviewed and approved by the national work group on leak detection evaluations for use with ASTs
In addition, ASTs must either be in secondary containment or owners/operators must perform a tightness test or internal inspection 10 years after installation or have performed one by 8/15/2004.
Financial Responsibility
New Mexico follows the federal financial responsibility coverage amounts found in
40 CFR §280.93 (scroll to page 77 of 119 in the pdf document). Owners/operators may use any one or a combination of the following mechanisms to demonstrate financial responsibility.
- Self-insurance
- Guarantee
- Insurance and risk retention group coverage
- Surety bond
- Letter of credit
- Trust fund
- Stand-by trust fund
Inspection & Testing Requirements
Class A or Class B operators must perform a
monthly inspection of each storage tank system for which they are designated and record the results on a checklist (see 20.5.104.409 NMAC for minimum requirements: https://www.srca.nm.gov/parts/title20/20.005.0104.html.) Sample checklists for USTs and ASTs are here under “Drafting an Operation and Maintenance Plan for Storage Tank Systems”:
https://www.env.nm.gov/petroleum_storage_tank/guidance-documents-ast-and-ust/. The Class A or Class B operator must provide the owner/operator with a copy of each completed checklist and inform the owner/operator of any conditions that may require follow-up actions. Owners/operators must maintain copies of all inspection checklists and attachments for the previous twelve months at the facility or at an approved off-site location.
Owners and operators must demonstrate that persons who perform tests on storage tank systems have the experience, training, and education to perform those tests (see 20.5.105.504 NMAC,
https://www.srca.nm.gov/parts/title20/20.005.0105.html.)
Delivery Prohibition/Non-Compliance Enforcement
If the
Petroleum Storage Tank Bureau (PSTB) determines that a UST, AST, or storage tank system is out of compliance with state or federal storage tank regulations, it may classify that system as ineligible for delivery, deposit, or acceptance of product. New Mexico regulations describe two different categories of ineligibility: mandatory and discretionary.
- Mandatory Ineligibility: If required spill prevention, overfill protection, leak detection, and/or corrosion protection equipment is not installed at every storage tank at the facility, the PSTB will classify the tank(s) as mandatorily ineligible for delivery, deposit, or acceptance of product. In cases of mandatory ineligibility, the PSTB will issue to the owner/operator a notice of intent to place a red tag on the tank(s) identifying the tank(s) as ineligible for delivery, deposit, or acceptance of product. The notice of intent will list the identified violations and provide the owner/operator 30 days from the date of the notice to correct the violations. If the classification would jeopardize the availability of, or access to, motor fuel in a rural and remote area, the PSTB will defer classification for up to 180 days.
- Discretionary Ineligibility: If improper operation or maintenance of required spill prevention, overfill prevention, leak detection, or corrosion protection equipment, or operation of the storage tank or facility in a manner that creates an imminent threat to public health and the environment is discovered at a facility, the PSTB may classify a storage tank as ineligible for delivery, deposit, or acceptance of product. In cases of discretionary ineligibility, the PSTB will first issue a notice of violation listing the identified violations and providing the owner/operator 30 days from the date of the notice to correct the violations. If the owner/operator fails to correct the violations within 30 days, the PSTB will issue a notice of deficiency re-stating the violations and providing the owner/operator an additional 30 days from the date of the notice to correct the violations. If the owner/operator fails to correct the violations within 30 days, the PSTB will issue a notice of intent to red tag re-stating the violations and providing the owner/operator an additional 30 days from the date of the notice to correct the violations.
If the owner or operator fails to correct the violations within the time frame provided in the notice of intent to red tag, the PSTB will attach a red tag the fill pipe of every storage tank classified as ineligible for delivery and post a certificate at the facility prohibiting delivery to red tagged tanks.
The PSTB will also add the facility to the
list of ineligible facilities on its website. This list can be found in the top right-hand corner of the main PSTB page (Delivery Prohibition). In order for a red-tagged tank or facility to be reclassified as eligible for delivery, deposit, or acceptance of the product, the owner/operator must provide a written statement of compliance to the PSTB and inspector that the violations have been corrected. The PSTB will then confirm that the violations have been corrected, document the level of product in each tank, remove each red tag and, within three business days, remove the facility from its list of ineligible facilities.
Temporary & Permanent Closure