The owner or operator of a new tank battery operated in conjunction with a petroleum production facility, or a new hydrocarbon storage facility operated in conjunction with a petroleum processing facility, located outside the Pecos-Permian intrastate air quality control region, located within the corporate limits of any municipality within the state or located within five miles of the corporate limits of any municipality within the state that has a population of twenty thousand or greater shall not place, store, or hold in a stationary tank or other container any hydrocarbon liquid, the vapor of which contains at any time 24 ppm or more of hydrogen sulfide, unless the tank or other container is equipped with:

1. A. a well-maintained vapor-recovery system consisting of:

   (1) a vapor-gathering system capable of collecting the vapors and gases discharged; and

   (2) a vapor-disposal system capable of processing the vapors and gases so as to minimize emission of sulfur compounds to the atmosphere; or

2. B. any other device that is at least as effective to minimize the loss of vapor or gas containing sulfur or its compounds to the atmosphere.

   [11/30/95; 20.2.38.113 NMAC - Rn, 20 NMAC 2.38.113 10/31/02]

   HISTORY OF 20.2.38 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

   AQCR 621-632, Air Quality Control Regulations - 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, and 632, 07/15/74.

   AQCR 631, Air Quality Control Regulation 631 - Hydrocarbon Storage Facilities, 02/08/83

   History of Repealed Material: [RESERVED]

   Other History:

   AQCR 631, Air Quality Control Regulation 631 - Hydrocarbon Storage Facilities, filed 02/08/83, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.38, Hydrocarbon Storage Facilities, filed 10/30/95.

   20 NMAC 2.38, Hydrocarbon Storage Facilities, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.38 NMAC, Hydrocarbon Storage Facilities, effective 10/31/02.