Current through Register Vol. 46, No. 50, December 11, 2024
Section 598-2.2 - General installation, operation, and maintenance requirements(a) Installation requirements. (1) Category 1 requirements. Piping in contact with the ground must be installed in accordance with the following: (i) Backfill. Piping that is installed underground must use backfill material that is a non-corrosive, porous, homogeneous substance and it must be placed completely around the piping and compacted to ensure that the piping is fully and uniformly supported. Backfill of at least six inches in depth must be placed underneath the piping.(ii) Burial depth. Piping buried underground must be installed so that the top of the piping is at least 18 inches below the surface of the ground. Should conditions make compliance with this requirement impracticable, precautions must be taken to prevent physical damage to the piping. It is not necessary to cover the portion of the piping to which an access port is affixed.(iii) Inspection of piping in contact with the ground. ('a') Prior to covering, enclosing, or placing piping in use, the piping must be inspected by a qualified inspector in accordance with a consensus code, standard, or practice developed by a nationally recognized association or independent testing laboratory which meets the requirements of this subparagraph. This inspection must include: ('3') scrapes of protective coatings;('6') structural damage; and('7') improper installation.('b') Before being placed in service, the piping must be tested for tightness in accordance with paragraph 2.3(d)(2) of this Part. ('c') All joints must be liquid-tight and air-tight. If piping is found not to be tight or to be defective, all repairs necessary to remedy the leaks or deficiencies in the piping must be performed prior to the piping being placed in service.('d') Upon completion of the tightness test and inspection, the inspector must sign and date a statement certifying that the system meets the requirements of this subdivision.('e') The inspector's statement and records of the tightness test and repairs must be kept for five years following the date of installation and made part of the spill prevention report.(iv) Installation Instructions. In addition to the above requirements, all piping in contact with the ground must be installed in strict accordance with the manufacturer's instructions and a consensus code, standard, or practice developed by a nationally recognized association or independent testing laboratory consistent with the standards of this subparagraph, such as API 1615. (See section 1.16 of this Part). This includes repair of any damaged coatings prior to backfilling.(2) Category 2 requirements. Tank systems must be installed in accordance with the following: (i) Backfill. Tank systems that are installed underground must use backfill material that is a non-corrosive, porous, homogeneous substance and it must be placed completely around the tank system and compacted to ensure that the tank system is fully and uniformly supported. Backfill of at least six inches in depth must be placed underneath the piping.(ii) Burial depth. Tanks must be installed at a depth consistent with NFPA 30, 1993 section 2-4.2. Piping buried underground must be installed so that the top of the piping is at least 18 inches below the surface of the ground. Should conditions make compliance with this requirement impracticable, precautions must be taken to prevent physical damage to the piping. It is not necessary to cover the portion of the piping to which an access port is affixed.(iii) Connections. ('a') All connections to USTs must be located within a containment sump constructed of a compatible material and capable of containing hazardous substance leaks from the connections. Such sumps must be fitted with a manhole or other means of access so that connections can be inspected.('b') Valves and other ancillary equipment must be protected against physical damage including by freezing or vehicular traffic.(iv) Inspection of tank systems. ('a') Prior to covering, enclosing, or placing a tank system in use, the tank system must be inspected by a qualified inspector in accordance with a consensus code, standard, or practice developed by a nationally recognized association or independent testing laboratory which meets the requirements of this subparagraph. This inspection must include:
('3') scrapes of protective coatings;('6') other structural damage; and('7') improper installation.('b') Before being placed in service, the tank system must be tested for tightness in accordance paragraphs 2.3(c)(1) and 2.3(d)(2) of this Part.('c') All joints must be liquid-tight and air-tight. If the tank system is found not to be tight or to be defective, all repairs necessary to remedy the leaks and deficiencies in the tank system must be performed in accordance with subdivision (h) of this section or in accordance with the manufacturer's instructions prior to it being placed in service.('d') Upon completion of the tightness test and inspection, the inspector must sign and date a statement certifying that the system meets the standards of this subdivision.('e') The inspector's statement and records of the tightness test and repairs must be kept for five years following the date of installation and made part of the spill prevention report.(v) Qualifications of tank system installers. Installation of an underground tank system must be performed by a qualified installer or technician who is trained in the engineering methods for installing underground tank systems.(vi) Installation Instructions. In addition to the above requirements, all tank systems must be installed in strict accordance with the manufacturer's instructions and a consensus code, standard, or practice developed by a nationally recognized association or independent testing laboratory consistent with the standards of this subparagraph, such as API 1615. (See section 1.16 of this Part). This includes repair of any damaged coatings prior to backfilling.(b) Spill and overfill prevention. (1) Labelling requirements. (i) All Category 2 tanks must bear a permanent stencil, label or plate with the following information: ('a') a manufacturer's or qualified engineer's certification that states: 'This tank conforms with 6 NYCRR Part 598'. Tanks installed prior to the effective date of this Part may continue to use existing statements that state 'This tank conforms with 6 NYCRR Part 599';('b') the standard of design by which the tank was manufactured;('c') the hazardous substances which may be stored permanently and compatibly within the tank, or reference to a list available from the manufacturer which identifies substances compatible with all tank materials; ('d') the year in which the tank was manufactured;('e') the dimensions, design and working capacity, and model number of the tank; and ('f') the name of the manufacturer.(ii) All UST systems must have a label that is conspicuously displayed, readily visible to the carrier, and permanently affixed (for example, imbedded in concrete or welded in place) at the fill port which indicates the following information: ('a') the information required in subparagraph (i) of this paragraph;('b') the tank system identification number as shown on the registration certificate;('c') the chemical name (or common name if the chemical name is not appropriate) of the substance stored; and('d') the date of installation of the tank.(iii) All Category 2 aboveground piping must bear a stencil, label or plate which contains the chemical name or common name if the chemical name is not appropriate, for the substance stored. The stencil, label or plate must be located at all valves, pumps, switches and on each side of any wall where piping enters or exits. At least one conspicuously visible label must be provided at each end of the piping.(iv) Labeling of safety/pressure/vacuum relief valves. Where safety, pressure relief or vacuum relief valves are used, each must be permanently labeled with the information listed below. The labeling may be provided on the valve itself, or on a plate or plates securely fastened to the valve. Labels may be stamped, etched, impressed or cast in the valve or nameplate. The label must include the following information: ('a') the name or identifying trademark of the manufacturer;('b') the manufacturer's design or type number;('c') the pipe size of the inlet;('d') the set pressure or vacuum, in PSIG;('e') the full open pressure or vacuum, in PSIG; and('f') the capacity at the indicated pressure or full open vacuum in either cubic feet of gas per minute or cubic feet of gas per hour and be so designated.(v) Monitoring wells must be protected from traffic, permanently labeled as a 'monitoring well' or 'test well- no fill' and equipped with a locking cap which must be locked when not in use to prevent unauthorized access and tampering.(2) Delivery to tank systems. (i) Responsibility for transfers. The operator, when on the premises or when in control of a hazardous substance transfer, is responsible for transfer activities. If the operator is not on the premises and is not in control of a hazardous substance transfer, the carrier is responsible for transfer activities. The requirements of subparagraphs (ii) through (vii) of this paragraph apply to the person responsible for the transfer activities. The operator or carrier must employ practices for preventing transfer spills, overfills, and releases.(ii) Immediately prior to the transfer, the operator/carrier must determine that the hazardous substance will be transferred to the proper tank, that the receiving tank has available capacity to receive the hazardous substance amount to be transferred, and that all tank valving and flow control devices are in the proper positions to accept delivery. All couplings and other connections must be inspected to ensure that they are leak free, undamaged, and fully functional. During and after the transfer, all couplings and other connections must be monitored for leaks.(iii) Brakes must be set, and wheels chocked on all rail cars before and during loading and unloading.(iv) When a truck, rail car, or container is connected to a transfer line, caution signs must be in place to give warning to persons approaching from any potential direction. Signs must remain in place until operations are completed, all connections are removed, and outlets properly closed.(v) During the entire transfer, and while the tank system is connected to the loading or unloading device, the operator/carrier must always supervise, monitor, and control the transfer to prevent overfilling and spilling. The operator/carrier must be trained in the proper transfer procedures and must take immediate action to stop the transfer of the hazardous substance when the working capacity is reached, or if an equipment failure or emergency occurs.(vi) During the transfer of a hazardous substance with a flash point below 100 degrees Fahrenheit (37.8 degrees Celsius) or wherever flammable vapors may be present, all potential ignition sources must be controlled. Sources of ignition include open flames, lightning, smoking, cutting, welding, hot surfaces, friction, heat, sparks from static, electrical or mechanical sources, spontaneous ignition, chemical and physical-chemical reactions, and radiant heat.(vii) Equipment or practices that prevent the mixing of incompatible substances must be in-place. This must include mating of couplings to prevent mixing, written site procedures that prevent delivery of a substance to the wrong tank and which prohibit transfer of incompatible substances at the same time within the same transfer station, or equivalent practices. Any written procedures developed pursuant to this paragraph, must be specified in the spill prevention report required by section 1.9 of this Part.(c) Periodic inspection of overfill prevention equipment. Overfill prevention equipment must be inspected to ensure that the equipment is operating properly and will prevent releases to the environment.(1) Inspections of overfill prevention equipment must be conducted at least once every three years and must, at a minimum, ensure that: (i) the overfill prevention equipment is set to activate at the working capacity specified under paragraph 2.1(b)(3) of this Subpart; and(ii) the overfill prevention equipment will activate when the tank is filled to its working capacity.(2) Inspections must be conducted in accordance with one of the following (refer to section 1.16 of this Part for complete citation of references):(i) manufacturer's instructions;(ii) PEI RP1200, 2019 edition; or(iii) a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.(3) Recordkeeping. Records of inspections required by this subdivision must be retained for three years or until the next inspection, whichever is later.(d) Periodic monitoring/testing of transfer station secondary containment and containment sumps used for interstitial monitoring of piping. Transfer station secondary containment and containment sumps used for interstitial monitoring of piping must be monitored or inspected to ensure that the equipment is operating properly and will prevent releases to the environment. (1) The integrity of transfer station secondary containment and containment sumps used for interstitial monitoring of piping must be documented by meeting one of the following: (i) The equipment is, at a minimum, double-walled and the integrity of both walls is periodically monitored at a frequency not less than the frequency of the applicable walkthrough inspections required under subdivision (f) of this section. (If switching from integrity monitoring to integrity testing, integrity testing must commence within 30 days after the equipment was last monitored, in accordance with subparagraph (ii) of this paragraph.)(ii) The transfer station secondary containment and containment sumps used for interstitial monitoring of piping are tested at least once every three years to ensure the secondary containment and containment sumps are liquid-tight by using vacuum, pressure, or liquid testing in accordance with one of the following criteria (refer to section 1.16 of this Part for complete citation of references): ('a') requirements developed by the manufacturer (Note: this option may be used only if the manufacturer has developed such testing requirements);('b') PEI RP1200, 2019 edition;('c') a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department; or('d') if none of the criteria in clauses ('a') through ('c') of this subparagraph can be feasibly utilized, an alternative testing method may be proposed to the department. Accordingly, the department may approve a testing method that can demonstrate that the secondary containment for the transfer station meets all the requirements of paragraph 2.1(b)(4) of this Subpart.(2) Recordkeeping. Records of tests required by subparagraph (1)(ii) of this subdivision must be retained for three years or until the next test, whichever is later. For double-walled equipment not tested every three years, records indicating that the equipment is double-walled and the integrity of both walls is periodically monitored in accordance with subparagraph (1)(i) of this subdivision, must be retained for as long as the equipment is monitored, plus an additional three years. (e) Periodic inspection/testing of leak detection equipment. (1) Monthly connectivity inspections for electronic equipment. All electronic monitoring systems must be inspected for connectivity at monthly intervals.(2) Annual operability inspections. (i) Leak detection equipment required under subdivision 2.3(b) of this Subpart must be operated and maintained, and inspected annually for operability, in accordance with one of the following: ('a') manufacturer's instructions;('b') PEI RP1200, 2019 edition; or('c') a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.(ii) The inspection must, at a minimum, cover the following components and criteria as applicable: ('a') Automatic tank gauge and other controllers. Test alarm; verify system configuration; and test battery backup.('b') Probes and sensors. Inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks and breaks; and test alarm operability and communication with controller.('c') Automatic line leak detector. Test operability to meet criteria in paragraph 2.3(d)(1) of this Subpart by simulating a leak.('d') Vacuum pumps and pressure gauges. Ensure proper communication with sensors and controller.('e') Hand-held electronic sampling equipment for groundwater and vapor monitoring. Ensure operability.(3) Recordkeeping. Records of inspections and testing required by this subdivision must be retained for three years.(f) Periodic operation and maintenance walkthrough inspections. (1) Walkthrough inspection practices. One of the following types of walkthrough inspections must be performed to ensure proper operation and maintenance of UST systems: (i) walkthrough inspections that, at a minimum, check the following equipment at intervals specified below: ('a') every 30 days (note: fill port catch basins and transfer station secondary containment of UST systems receiving deliveries less frequent than every 30 days may be inspected prior to each delivery): ('1') Fill port catch basins. Visually check for damage; remove liquid or debris; check for and remove obstructions in the delivery piping; check the fill cap to make sure it is securely on the delivery piping; and, for double-walled fill port catch basin with interstitial monitoring, check for a leak in the interstitial area.('2') Leak detection equipment. Check to make sure that the leak detection equipment required under subdivision 2.3(b) of this Subpart is operating with no alarms or other unusual operating conditions present and ensure records of leak detection testing are reviewed and current.('3') Other equipment. Vents, pressure relief devices, gauges, alarms, overfill prevention equipment, spill prevention equipment, cathodic protection monitoring equipment, other monitoring equipment, warning alarms, and safety systems must be visually inspected for cleanliness, leakage, corrosion, and operability.('b') annually: ('1') Containment sumps. Visually check for damage, leaks to the containment area, or releases to the environment; remove liquid (in contained sumps) or debris; and, for double walled sumps with interstitial monitoring, check for a leak in the interstitial area.('2') Handheld leak detection equipment. Check devices such as tank gauge sticks or groundwater bailers for operability and serviceability, if used for a leak detection method listed under subdivision 2.3(c) of this Subpart.(ii) operation and maintenance walkthrough inspections conducted in accordance with one of the following codes of practice (refer to section 1.16 of this Part for complete citation of references): ('a') PEI RP900, 2021; or('b') a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.(2) Recordkeeping. Records of inspections required by this subdivision must be retained for three years. Records must include a list of each tank system component/area checked, whether the equipment/area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if the fill port catch basin is checked less frequently than every 30 days due to infrequent deliveries.(g) Operation and maintenance of corrosion protection. Metal tank system components must be protected from corrosion to prevent releases due to corrosion until the UST system is permanently closed in accordance with subdivision 2.6(b) of this Subpart.(1) Corrosion protection systems must be operated and maintained to continuously and adequately protect metal tank system components that are in contact with the ground and routinely contain hazardous substance.(2) Cathodic protection systems must be tested for proper operation by a qualified cathodic protection tester in accordance with the following requirements: (i) Frequency. Cathodic protection systems are tested within six months of the cathodic protection system's installation, reinstallation, or repair and at yearly intervals thereafter; and(ii) Inspection criteria. One of the following codes of practice (refer to section 1.16 of this Part for complete citation of references) is used to determine that cathodic protection is adequate: ('a') NACE TM0101-2012, 2012 edition;('b') NACE TM0497-2012, 2012 edition;('c') STI R051, January 2006;('d') NACE SP0285-2011, 2011 edition; or ('e') NACE SP0169-2013, 2013 edition.(3) Impressed current systems must be inspected for proper operation every 60 days. The inspection does not need to be conducted by a qualified cathodic protection tester, but must indicate: (i) the current rectifier readings (both voltage and amperage);(ii) whether the current amperage reading is within 20 percent of the baseline amperage reading from the previous annual cathodic protection test;(iii) whether the rectifier clock, if available, has been operated continuously;(iv) whether the bonding cable connections are secure; and(v) any issues found and the actions taken to address them.(4) Records of inspections and testing required by paragraphs (2) and (3) of this subdivision must be retained for three years.(h) Maintenance and repairs. (1) If the tank system or any component thereof is inadequate or not tight, or any inspection shows that continuation of an operation or practice will result in a leak, then: (i) the operation or practice must be modified or discontinued immediately;(ii) the tank system or tank system component must be immediately replaced; or(iii) the tank system must be immediately emptied and taken out of service in accordance with subdivision 2.6(a) of this Subpart before the necessary repairs and required subsequent testing are performed, unless the tank system is permanently closed in accordance with subdivision 2.6(b) of this Subpart. (Examples which may indicate that a leak is imminent include: leaking valves, pumps, and pipe joints; inadequate gauges; tightness test failures; excessive thinning of the tank shell which would indicate structural weakness when the tank is filled; and malfunctioning pressure or temperature gauges.)(2) If the tank system or any component thereof, or continuation of an operation or practice, is not in imminent danger of causing a leak, but an inspection shows that the tank system is malfunctioning or is in disrepair, and that a leak is likely or probable unless action is taken, then: (i) the operation or practice must be modified or discontinued immediately;(ii) the tank system or tank system component must be replaced within 90 days (unless a shorter time is deemed necessary by the department); or(iii) the tank system must be taken out of service in accordance with subdivision 2.6(a) of this Subpart before the necessary repairs and required subsequent testing are performed, unless the tank system is permanently closed in accordance with subdivision 2.6(b) of this Subpart. (Examples of such equipment disrepair include: secondary containment dikes with erosion or rodent damage; deficiencies in coatings for preventing corrosion caused by exposure to the environment; malfunctioning leak detection equipment; and cathodic protection systems which fail to provide the necessary electric current to prevent corrosion.)(3) Repairs must be permanent, equal to or more protective than the standards of original construction and accompanied by a signed statement from the person who performed the repair that the repair meets this requirement.(4) Repairs to a UST system must be properly conducted in accordance with one of the following codes of practice, as applicable (refer to section 1.16 of this Part for complete citation of references):(i) NFPA 30, 2012 edition; (ii) API RP 2200, September 2010; (iii) API RP 1631, June 2001;(iv) NFPA 326, 2010 edition; (v) STI R972, December 2010;(vi) NACE SP0285-2011, 2011 edition;(vii) FTPI RP T-95-02, January 1995; or(viii) a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.(5) Repairs to fiberglass-reinforced plastic tanks must be conducted in accordance with one of the codes of practice in paragraph (4) of this subdivision or may instead be made by the manufacturer's authorized representative in accordance with the manufacturer's specifications for such repair.(6) Metal pipe sections and fittings from which hazardous substance has leaked as a result of corrosion or other damage must be replaced.(7) Noncorrodible pipes and fittings from which hazardous substance has leaked as a result of damage must be repaired or replaced.(8) Within 30 days following the repair of secondary containment for tanks or piping, or containment sumps used for interstitial monitoring, the repaired equipment must be tested in accordance with the manufacturer's instructions, a code of practice listed under paragraph (4) of this subdivision, or subdivision 2.2(d) of this section, as applicable.(9) Within 30 days following the repair of tanks and piping not covered in paragraph (8) of this subdivision, repaired tanks and piping must be tightness tested in accordance with paragraph 2.3(c)(1) and (d)(2) of this Subpart, respectively, with the exception of the following: (i) tanks that are internally inspected in accordance with API RP 1631 following the repair; and(ii) tanks and piping that are monitored for leaks in accordance with a method listed under paragraph 2.3(c)(2) of this Subpart. (10) Within six months following the repair of any tank system component that is cathodically protected, or any repair or reinstallation of a cathodic protection system, the cathodic protection system must be tested and inspected, as applicable, in accordance with paragraphs (g)(2) and (3) of this section to ensure proper operation.(11) Within 30 days following the repair of overfill prevention equipment, fill port catch basins, or transfer station secondary containment, the repaired equipment must be tested or inspected, as applicable, in accordance with subdivision (c) or (d) of this section to ensure proper operation.(12) Recordkeeping. Records of repairs and maintenance performed in accordance with this subdivision must be retained until the UST system is permanently closed in accordance with section 2.6(b) of this Subpart.(i) Tank Linings. (1) Tanks must be lined in accordance with: (i) NLPA 631 (see section 1.16 of this Part); or(ii) a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.(2) Tank linings must be compatible with the substance stored.(3) Linings of carbon steel tanks must be applied no later than eight hours after abrasive blasting and cleaning of the internal surface or in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department. Visible rust, moisture or foreign matter must not be present.(4) All linings must be of sufficient thickness, density and strength to form an impermeable shell which will not crack, soften, flake, or separate from interior surfaces. The lining must maintain a permanent bond to the equipment.(5) The lining's coefficient of thermal expansion must be compatible with the equipment to which it is applied so that stress due to temperature changes will not be detrimental to the soundness of the lining.(6) The lining material must be applied and cured in strict accordance with the lining manufacturer's specifications.(7) The lining must be checked for blisters and air pockets and electrically tested for pinholes. The thickness of the lining must be checked with an Elcometer Thickness Gauge or equivalent method and the hardness checked with a Barcol Hardness Tester or equivalent method to assure compliance with manufacturer's specifications. Any defects must be repaired.(8) The date of installation of the lining, condition of the tank, installation methods, and other pertinent information must be kept in the spill prevention report for the life of the tank system.(9) Within 10 years after a lining is affixed to a tank, the tank must be internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. Reinspection must be performed every five years thereafter.(j) Replacement of rupture disks. All rupture disks must be replaced with new ones at least every three years, or in accordance with any other frequency recommended by the disk manufacturer or justified on the basis of operating experience in the spill prevention report.(k) Switching from one hazardous substance to another hazardous substance. If the substance stored within a tank system is to be switched from one hazardous substance to another, then the tank system must be evaluated by a qualified engineer before the change to the different hazardous substance is made to determine that materials are compatible, pressure and vacuum relief systems are adequate, and that the tank system is properly designed and suitable.(l) Requirements for tanks subject to flooding. Any tank system susceptible to inundation by water from any source must be adequately anchored to prevent flotation, collapse, or lateral movement that might be caused by hydrodynamic and hydrostatic loads, including the effect of buoyancy. In determining whether a tank system is susceptible to inundation by water, the facility must include consideration of the future physical climate risk due to sea level rise, storm surges, and flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable. Tanks must be designed, installed and maintained in accordance with operating standards set forth in NFPA 30, 1993 section 2-6.6 (see section 1.16 of this Part) and in accordance with State and local flood plain regulations. Dikes in flood plains must be designed and installed to withstand structural damage and overtopping by a 100-year flood. If tanks are ballasted with water during flood warning periods, tank valves and other openings must be closed and secured in a locked position in advance of the flood. Ballast water removed from the tank after the flood must not be discharged to the waters of the State unless such discharge is in conformance with the standards of Parts 701, 702, 703 and 750 of this Title, as applicable.(m) Uninspected tank systems. If any of the following tests or inspections are not performed, the owner or operator must take the uninspected portion of the tank system out-of-service pursuant to the requirements of subdivision 2.6(a) of this Subpart:(1) equipment inspections in accordance with subclause 2.2(f)(1)(i)('a')('3') of this section;(2) automatic line leak detector operability inspections in accordance with clause 2.2(e)(2)(ii)('c') of this section;(3) cathodic protection testing in accordance with subdivision 2.2(g) of this section; and(4) lining inspections in accordance with paragraph 2.2(i)(9) of this section.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-2.2
Adopted New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 10/17/2023