Yes, owning a tank in New Mexico is legal but subject to strict state and local regulations. The New Mexico Environment Department (NMED) oversees tank compliance under the Tank Regulation Act, with recent 2026 amendments tightening inspection and permitting requirements. Federal EPA standards (40 CFR Part 280) apply to underground storage tanks (USTs), while aboveground tanks (ASTs) fall under NMED’s Aboveground Storage Tank Act. Violations risk fines up to $10,000 per day, and local fire codes may impose additional restrictions.
Key Regulations for Owning a Tank in New Mexico
- Permitting: All tanks storing hazardous substances require NMED approval; permits are site-specific and non-transferable. New installations must undergo hydrostatic testing and leak detection system certification.
- Inspections: USTs require annual compliance inspections by certified professionals, while ASTs face biennial checks under NMED’s AST Program. Unannounced inspections may occur post-2026 under expanded enforcement.
- Spill Prevention: Tanks must include secondary containment (e.g., dikes or double-walled systems) and leak detection meeting EPA’s Performance Standards. Owners must report spills within 24 hours to NMED’s Hazardous Waste Bureau.
Local jurisdictions (e.g., Albuquerque Environmental Health or Santa Fe Fire Department) may impose stricter rules, such as setback distances or fire suppression mandates. Military surplus tanks repurposed for civilian use must comply with NMED’s Demilitarized Vehicle Conversion Guidelines. Consult the New Mexico Tank Regulations Manual (2025) for updates.