N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-3.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 598-3.1 - Design, construction, and installation

(a) Applicability. This Subpart applies to aboveground tank systems used to store hazardous substances which includes a tank with a storage capacity of 185 gallons or greater.

(b) Design and equipment requirements for AST systems.

(1) Tank requirements. Tanks must be of sufficient structural strength to withstand normal handling and use. The tank must be compatible with the hazardous substance being stored and with any soil the tank is in contact with. Tanks must be protected from, or resistant to, all forms of internal and external wear, vibration, shock and corrosion. Tanks must have a stable foundation under all operating conditions and be protected from fire, heat, vacuum and pressure which might cause tank failure. Tanks must be protected from physical damage by moving machinery such as forklifts and trucks. If fiberglass-reinforced-plastic material is used, the material must be of sufficient density and strength to form a hard, impermeable shell which will not crack, wick, wear, soften or separate under normal service conditions. All tanks must be designed with a minimum of 30 years of useful life unless a shorter useful life is defined in the spill prevention report.

(i) Category 1 tank requirements. Every tank must meet the following requirements:

('a') Tank design and construction standards.

(1) All Category 1 tanks must be designed, constructed, and installed or certified by a qualified engineer or technician in accordance with one of the following:

(i') API 650;

(ii') API 620;

('iii') CAN4-S601-M84;

('iv') CAN4-S630-M84;

(v) ASTM D4097-88;

(vi) ASTM D3299-88, (see section 1.16 of this Part); or

(vii) a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.

(2) Tanks subject to scouring. All Category 1 tanks subject to scouring by the inflow of hazardous materials or subject to wear from manual gauging must be equipped with wear plates, diffusers, or alternate means to prevent localized wear or corrosion. If wear plates are used, they must cover an area of at least 144 square inches and be installed in a manner which avoids crevice corrosion.

('3') Tanks subject to melting. All tanks constructed of plastic, cross-linked polyolefin, high density polyethylene, fiberglass-reinforced-plastic or any other material subject to melting when exposed to fire must be suitably protected against fire and located so that any spill or release resulting from the failure of these materials could not expose persons, buildings, structures or the environment.

('4') Manways. All Category 1 tanks with a design capacity of 5,000 gallons or more must be provided with an access lid or manhole.

('5') Explosion protection. Tanks must be protected from explosion in accordance with generally accepted engineering practices. Protection must be provided by fail-safe cooling systems, fireproofing, depressurizing valves, foundation sloping to prevent burning liquids from accumulating under the tank, or other equally effective means determined by a qualified engineer and acceptable to the department.

('b') Corrosion protection.

(1) The bottom of a Category 1 tank in contact with the ground must be protected from external corrosion by one of the following:

('i') corrosion resistant materials; or

('ii') a cathodic protection system.

(2) Cathodic protection must consist of one or a combination of the following:

('i') sacrificial anodes and coating;

('ii') impressed current; or

('iii') another method that is designed and installed in accordance with a code of practice (including API 651) developed by a nationally recognized association or independent testing laboratory and approved by the department.

('3') The cathodic protection system must be designed and constructed by a qualified engineer or corrosion specialist and must provide a minimum of 30 years of protection against external corrosion. The engineer or specialist must supervise the installation of all field fabricated cathodic protection systems and prefabricated systems where necessary to assure that the system has been installed as designed.

('4') Tanks which are protected with sacrificial anodes must be electrically insulated from the piping if the piping is constructed of a conductive material unless the cathodic protection system has been designed to protect the entire tank system. Electrical insulation must be provided by dielectric fittings, bushings, washers, sleeves or gaskets which are chemically stable when exposed to the stored substances and soil.

('5') The cathodic protection system must be installed with a monitor or monitoring port that allows for annual review of the adequacy of protection.

('6') The tank must be isolated from or protected against stray electric currents which include currents from underground cables, electric machinery, railroad systems and electrical grounding rods.

('7') Tank and piping connections of two dissimilar metals which together create a corrosion inducing galvanic cell are prohibited.

('8') External coatings must be fiberglass-reinforced-plastic, epoxy, or other suitable dielectric material with a minimum thickness of 10 mils after curing. The coating must be factory applied or equivalent, have a coefficient of thermal expansion compatible with that of steel and be firmly bonded to the steel. It must be of sufficient strength and density to form a hard, impermeable shell that will not crack, wick, wear, soften, flake or separate and must be non-corrodible under adverse underground electrolytic conditions. The application of the coating must be in strict accordance with the instructions of the supplier of the coating material.

('9') Coatings must be inspected for air pockets, cracks, blisters, and pinholes, and must be electrically tested for coating short circuits or coating faults. Any defects must be repaired in accordance with the manufacturer's instructions prior to installation.

('10') The exposed exterior surfaces of all aboveground tank systems must be protected from corrosion.

Protection must be provided by using at least one of the following methods:

('i') corrosion resistant equipment materials such as stainless steel or Monel;

('ii') non-metallic cladding, epoxy coating, or similar coating with a minimum finish thickness of 10 mils (0.01 inches);

('iii') paints, consisting of an inhibitive primer coat intermediate inhibitive and two or more final coats applied to a surface prepared to a SSPC SP #6 blast (see section 1.16 of this Part); or

(iv') an equivalent or more protective surface coating or corrosion protection system designed and installed in accordance with a consensus code, standard or practice of a nationally recognized association or independent testing laboratory.

('c') Secondary containment.

('1') All Category 1 tanks used to store a hazardous substance must have a secondary containment system which can contain a leak or spill. The secondary containment system must prevent spills that might result from tank rupture, failure of pumps, valves and other ancillary equipment and overfilling from entering the land or waters of the State. In addition, the system must isolate and protect the tank from traffic, fire, and spills of incompatible substances which may originate from adjacent storage or work areas. If the stored substance is a liquid at storage conditions and a gas at ambient conditions, then secondary containment must be provided to contain the liquid component of any spill until the phase change from liquid to gas occurs or the spill is cleaned-up, whichever comes first. Secondary containment systems must consist of one of the following:

('i') a surrounding dike and impoundment system in accordance with subclause ('7') of this clause;

('ii') a remote catch tank or impoundment area in accordance with subclause ('8') of this clause; or

('iii') another method that is designed and installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.

('2') The secondary containment system must be:

('i') designed and constructed with a permeability rate to the hazardous substance stored of 1 x 10-6 cm/sec or less;

('ii') designed, installed, and operated to prevent any migration of hazardous substances out of the system before cleanup;

('iii') designed so that overfills from connections, vents and pressure relief devices occur within the secondary containment system or are directed to another appropriate collection device;

('iv') constructed, coated or lined with materials that are compatible with the substance stored and the environment. (All joints must be tight and leak-free using one or a combination of stops, grouts, coatings, gaskets or welds. The secondary containment system must have sufficient structural strength and thickness to withstand equipment and pedestrian traffic, hydrostatic forces, frost heaving and weathering);

('v') placed on a foundation which prevents settlement, compression or uplift;

('vi') equipped with a sump and a manually controlled pump or siphon, manually controlled dike valve, or any other manually controlled drainage system to permit the drainage of liquids resulting from leaks, spills or precipitation. Control of the pump, siphon or valve must be possible from outside of the diked area. All valves for gravity drainage systems must be locked in a closed position except when the operator is draining accumulated liquids from the containment area. Spilled or leaked substances must be removed from the secondary containment system within 24 hours of the spill or leak; and

('vii') capable of containing at least 110 percent of the capacity of the largest tank or manifolded tanks that are connected in such a way as to permit the combined contents to spill, whichever is greater.

('3') Stormwater discharges from a secondary containment system must be uncontaminated. Stormwater which is contaminated must be discharged and treated in accordance with department requirements imposed under Parts 701, 702, 703, and 750 of this Title, as applicable.

('4') If clay soil is used for the secondary containment system it must be installed in accordance with generally accepted engineering practices and must be of such character that any spill will be readily recoverable and will result in a minimal amount of the secondary containment soil being contaminated.

('5') If a pre-engineered manufactured clay liner is used, it must be installed in accordance with the manufacturer's instructions.

('6') If a synthetic liner is used, it must be compatible with the substance in storage, be at least 60 mils in thickness, not deteriorate in an underground environment and have an expected useful life defined in the spill prevention report based on manufacturer's specifications or warranty and operator use. All punctures, tears or inadequate seams in the liner must be repaired in accordance with the manufacturer's instructions prior to placing in use. Since some chemicals will readily diffuse through a synthetic liner, the synthetic liner used must have been tested and found resistant to diffusion of the substance stored.

('7') Standards for dike and impoundment systems.

('i') In addition to the requirements of subclauses ('1') through ('6') of this clause, a dike system used for secondary containment must be constructed in accordance with NFPA, 1993 sections 2-3.4.3 (see section 1.16 of this Part), unless specified otherwise in these regulations.

('ii') All dikes and impoundment floors subject to hydraulic pressure must be designed to prevent migration of moisture into the dike system.

('iii') If constructed within a floodplain, the dike must be designed and installed to withstand structural damage and overtopping by a 100-year flood.

('iv') A slope of not less than one percent away from the tank must be provided for at least 50 feet or to the dike base, whichever is less.

('v') To permit access, the outside base of the dike at ground level must be no closer than 10 feet to any property line that is or can be built upon.

('vi') The walls of the diked area must not exceed an average height of six feet above interior grade, unless provisions are made for safe access and egress to tanks, valves and other equipment.

('vii') Each diked area with two or more tanks containing a flammable, combustible or unstable hazardous liquid must be subdivided pursuant to NFPA 30, 1993 section 2-3.4.3(g) (see section 1.16 of this Part). The subdivision may be by intermediate dikes, drainage channels or curbs, and must prevent spills from endangering tanks within the diked area.

('8') Standards for remote impoundment. Remote catch tanks and surface impounding areas used for secondary containment must comply with the following:

('i') All of the general requirements of subclauses (1) through ('6') of this clause must be followed;

('ii') A slope of not less than one percent away from the tank must be provided so that accumulated liquid drains away from the tank to the sump;

('iii') The route of the drainage system must be located so that if liquids in the drainage system are ignited, the fire will not affect tank systems or adjoining property; and

('iv') The confines of the surface impounding area must be located so that when filled to capacity, the liquid level will be no closer than 50 feet from any property line that is or can be built upon, or from any tank.

(ii) Category 2 tank requirements. Every tank must meet the following requirements:

('a') Tank design and construction standards.

(1) All Category 2 tanks must be designed, constructed, and installed or certified by a qualified engineer or technician in accordance with one of the following:

(i') API 650;

(ii') API 620;

('iii') CAN4-S601-M84;

('iv') CAN4-S630-M84;

(v) ASTM D4097-88;

(vi) ASTM D3299-88, (see section 1.16 of this Part); or

(vii) a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.

(2) Tanks subject to scouring. All Category 2 tanks subject to scouring by the inflow of hazardous materials or subject to wear from manual gauging must be equipped with wear plates, diffusers, or alternate means to prevent localized wear or corrosion. If wear plates are used, they must cover an area of at least 144 square inches and be installed in a manner which avoids crevice corrosion.

('4') Manways. All Category 2 tanks with a design capacity of 5,000 gallons or more must be provided with an access lid or manhole.

('6') Impermeable barriers under tanks in contact with the ground. Tanks in contact with the ground must be constructed with a double bottom or underlain by an impervious barrier such as a concrete pad or a cutoff barrier. The permeability rate of the barrier relative to the substance stored must be equal to or less than 1 x 10- 6 cm/sec. The barrier must not deteriorate in an underground environment or in the presence of the hazardous substance being stored.

('b') Corrosion protection.

(1) The bottom of a Category 2 tank in contact with the ground must be protected from external corrosion by one of the following:

('i') corrosion resistant materials; or

('ii') a cathodic protection system.

(2) Cathodic protection must consist of one or a combination of the following:

('i') sacrificial anodes and coating;

('ii') impressed current; or

('iii') another method that is designed and installed in accordance with a code of practice developed (including API 651) by a nationally recognized association or independent testing laboratory and approved by the department.

('5') The cathodic protection system must be installed with a monitor or monitoring port that allows for annual review of the adequacy of the cathodic protection.

('7') Tank and piping connections of two dissimilar metals which together create a corrosion inducing galvanic cell are prohibited.

(10) The exposed exterior surfaces of all aboveground tank systems must be protected from corrosion.

Protection must be provided by using at least one of the following methods:

('i') corrosion resistant equipment materials such as stainless steel or Monel;

('ii') non-metallic cladding, epoxy coating, or similar coating with a minimum finish thickness of 10 mils (0.01 inches);

('iii') paints, consisting of an inhibitive primer coat, intermediate inhibitive and two or more final coats applied to a surface prepared to a SSPC SP #6 blast (see section 1.16 of this Part); or

('iv') an equivalent or more protective surface coating or corrosion protection system designed and installed in accordance with a consensus code, standard or practice of a nationally recognized association or independent testing laboratory.

('c') Secondary containment.

(1) All Category 2 tanks used to store a hazardous substance must have a secondary containment system which can contain a leak or spill. The secondary containment system must prevent spills that might result from tank rupture, failure of pumps, valves and other ancillary equipment, and overfilling from entering the land or waters of the State. In addition, the system must isolate and protect the tank from traffic, fire, and spills of incompatible substances which may originate from adjacent storage or work areas. If the stored substance is a liquid at storage conditions and a gas at ambient conditions, then secondary containment must be provided to contain the liquid component of any spill until the phase change from liquid to gas occurs or the spill is cleaned-up, whichever comes first. Secondary containment systems must consist of one of the following:

('i') a surrounding dike and impoundment system in accordance with subclause ('7') of this clause;

('ii') a remote catch tank or impoundment area in accordance with subclause ('8') of this clause; or

(2) The secondary containment system must be:

('i') designed and constructed with a permeability rate to the hazardous substance stored of 1 x 10-6 cm/sec or less;

('ii') designed, installed, and operated to prevent any migration of hazardous substances out of the system before cleanup;

('iii') designed so that overfills from connections, vents and pressure relief devices occur within the secondary containment system or are directed to another appropriate collection device;

(v') placed on a foundation which prevents settlement, compression or uplift;

(vi) equipped with a sump and a manually controlled pump or siphon, manually controlled dike valve, or any other manually controlled drainage system to permit the drainage of liquids resulting from leaks, spills or precipitation. Control of the pump, siphon or valve must be possible from outside of the diked area. All valves for gravity drainage systems must be locked in a closed position except when the operator is draining accumulated liquids from the containment area. Spilled or leaked substances must be removed from the secondary containment system within 24 hours of the spill or leak; and

('5') If a pre-engineered manufactured clay liner is used, it must be installed in accordance with the manufacturer's instructions.

('7') Standards for dike and impoundment systems.

('i') In addition to the requirements of subclauses ('1') through ('6') of this clause, a dike system used for secondary containment must be constructed in accordance with NFPA, sections 2-3.4.3 (see section 1.16 of this Part), unless specified otherwise in these regulations.

('ii') All dikes and impoundment floors subject to hydraulic pressure must be designed to prevent migration of moisture into the dike system.

('iii') If constructed within a floodplain, the dike must be designed and installed to withstand structural damage and overtopping by a 100-year flood.

('iv') A slope of not less than one percent away from the tank must be provided for at least 50 feet or to the dike base, whichever is less.

(v') To permit access, the outside base of the dike at ground level must be no closer than 10 feet to any property line that is or can be built upon.

(vi) The walls of the diked area must not exceed an average height of six feet above interior grade, unless provisions are made for safe access and egress to tanks, valves and other equipment.

(vii) Each diked area with two or more tanks containing a flammable, combustible or unstable hazardous liquid must be subdivided pursuant to NFP A, section 2-3.4.3(g) (see section 1.16 of this Part). The subdivision may be by intermediate dikes, drainage channels or curbs, and must prevent spills from endangering tanks within the diked area.

('8') Standards for remote impoundment. Remote catch tanks and surface impounding areas used for secondary containment must comply with the following:

('i') All of the general requirements of subclauses (1) through ('6') of this clause must be followed;

('ii') A slope of not less than one percent away from the tank must be provided so that accumulated liquid drains away from the tank to the sump;

('iii') The route of the drainage system must be located so that if liquids in the drainage system are ignited, the fire will not affect tank systems or adjoining property; and

(2) Piping Requirements. Piping must be compatible with the substance(s) stored and be protected from or resistant to all forms of internal and external wear, vibration, shock and corrosion. Piping must be free of leakage, structurally sound, properly supported under all operating conditions, and protected from fire, heat, vacuum, and pressure which would cause the system to fail. Piping must be designed and installed to prevent damage from expansion, jarring, vibration, contraction, and frost. The expected useful life of the system must be specified in the spill prevention report.

(i) Category 1 piping requirements. Category 1 piping that is in contact with the ground must have met all piping requirements in accordance with subparagraph (ii) of this paragraph by December 22, 1998. Category 1 aboveground piping must have met all piping requirements in accordance with clauses (ii)('a') through ('c') of this paragraph by December 22, 1999.

(ii) Category 2 piping requirements.

('a') Piping design and construction standards

(1) Category 2 piping must be designed and constructed in accordance with one or more of the following:

(i') ULC-C107.7;

('ii') ASTM D2996-88; (see section 1.16 of this Part); or

('iii') a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.

(2) Adequate provisions must be made to protect all exposed piping from damage that might result from moving machinery such as forklifts, automobiles and trucks.

('3') Joint compounds and gaskets must be compatible with the substance(s) stored.

('4') Piping must contain shut-off valves located adjacent to pump or compressor connections.

('5') Flexible connectors, elbows, loops, expansion chambers, or other equipment must be installed singularly, or in combination, to allow for movement and prevent damage from water hammer.

('6') Piping that carries liquid hazardous substances which expand upon freezing must be protected from freezing or must have provisions to prevent rupture due to freezing of the hazardous substance.

('7') Refrigerated piping must be constructed of materials suitable for the operating conditions in the tank system.

('8') Piping which employs screw-type fittings must be provided with means to prevent leakage from these fittings.

('b') Corrosion protection.

(1) Piping in contact with the ground and subject to corrosion must be protected from external corrosion by one of the following:

('i') corrosion resistant materials; or

('ii') a cathodic protection system.

(2) Cathodic protection must consist of one or a combination of the following:

('i') sacrificial anodes and coating;

('ii') impressed current; or

('iii') another method that is designed and installed in accordance with a code of practice (including API 1632 or NACE RP-01-69) developed by a nationally recognized association or independent testing laboratory and approved by the department.

('3') The corrosion protection system must be designed and constructed by a qualified engineer or corrosion specialist and must be designed to provide a minimum of 30 years of protection against external corrosion. The engineer or specialist must supervise the installation of all field fabricated protection systems and prefabricated systems to assure that the system has been installed as designed.

('4') Piping which is protected by cathodic protection other than impressed current must be electrically insulated from the tank unless the cathodic protection has been designed to protect the tank and piping. This insulation must be provided by dielectric fittings, bushings, washers, sleeves or gaskets which are chemically stable when exposed to the stored substances or corrosive soil.

('5') Each cathodic protection system must have a monitor or monitoring port that allows the adequacy of the cathodic protection system to be checked on an annual basis.

('6') Piping must be isolated from, or protected against, sources of stray electric current which include underground cables, electric machinery, railroad systems and electrical grounding rods.

('7') Tank and piping connections of two dissimilar metals which together create a corrosion-inducing galvanic cell are prohibited.

('8') External coatings must be fiberglass-reinforced plastic, epoxy, or any other suitable dielectric material with a minimum thickness of 10 mils after curing. The coating must be factory-applied, or equivalent, and have a coefficient of thermal expansion compatible with that of steel and be firmly bonded to the steel. It must be of sufficient strength and density to form a hard, impermeable shell that will not crack, wick, wear, soften, flake or separate and must be non-corrodible under adverse underground electrolytic conditions. The application of the coating must be in strict accordance with the instructions of the supplier of the coating material.

(10) The exposed exterior surfaces of all aboveground tank systems must be protected from corrosion.

Protection must be provided by using at least one of the following methods:

('i') corrosion resistant equipment materials such as stainless steel or Monel;

('ii') non-metallic cladding, epoxy coating, or similar coating with a minimum finish thickness of 10 mils (0.01 inches);

('iii') paints, consisting of an inhibitive primer coat intermediate inhibitive and two or more final coats applied to a surface prepared to a SSPC SP #6 blast (see section 1.16 of this Part); or

('c') Secondary containment for piping in contact with the ground.

(1) All Category 2 piping in contact with the ground must be installed with secondary containment or other acceptable means of detecting leakage and preventing it from entering the environment. This must consist of one of the following:

('i') double-walled piping in accordance with subclause ('3') of this clause;

('ii') a synthetic trench liner in accordance with subclause ('4') of this clause; or

(2) The secondary containment system must:

('i') contain hazardous substance leaked from the primary containment until it is detected and remediated;

('ii') prevent the release of hazardous substance;

('iii') be designed and constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec or less;

('iv') be designed, installed, and operated to prevent any migration of hazardous substances out of the system at any time during the use of the piping;

(v') allow for detection and collection of spills and accumulated liquids until the collected material is removed;

(vi) be constructed of or lined with materials that are compatible with the hazardous substances to be placed in the piping. The materials must have sufficient strength and thickness to prevent failure due to pressure, physical contact with the materials to which it is exposed, climatic conditions, and the stresses it is subject to during normal operation;

(vii) be placed on a suitable foundation which prevents failure due to settlement, compression or uplift;

(viii) be sloped or otherwise designed and operated to drain and remove liquids resulting from leaks, spills and precipitation. Spilled or leaked substances must be removed from the secondary containment system within 24 hours. If the owner or operator can demonstrate that removal of the spilled or leaked substance, or accumulated precipitation cannot be accomplished within 24 hours, then it must be removed in as timely a manner as possible to prevent harm to human health and the environment; and

('ix') have a leak detection system that is designed, installed, and operated so that it will either detect the failure of the primary containment structure or the presence of any spill or leak of hazardous substance or accumulated liquid in the secondary containment system within two hours.

('3') Double-walled piping. If the secondary containment system consists of double-walled piping, the piping must be constructed in accordance with the following:

('i') outer walls of double-walled piping must be protected from corrosion in accordance with clause ('b') of this subparagraph;

('ii') the outer wall must enclose the primary piping;

('iii') the outer wall must be designed to allow for monitoring of leaks in accordance with paragraph 3.3(c)(2) of this Part; and

('iv') the outer wall must allow for safe venting of vapors.

('4') Synthetic trench liners. Synthetic liners used as secondary containment must be designed, constructed, and installed in accordance with the following:

('i') the liner must surround the piping completely (for example, it is capable of preventing lateral as well as vertical migration of the hazardous substances being stored).

('ii') the liner must be able to prevent the interference of precipitation and groundwater intrusion;

('iii') the liner must be compatible with the substance in storage, be at least 60 mils in thickness and not deteriorate in an underground environment for the life of the tank system. Since some chemicals will readily diffuse through a synthetic liner, the liner used must have been tested and found resistant to diffusion of the substance stored;

('iv') the expected useful life of the liner must be specified in the spill prevention report;

('v') all punctures, tears or inadequate seams in the liner must be repaired in accordance with the manufacturer's instructions prior to backfilling; and

('vi') the liner must be installed with a slope to the sump of at least one quarter of an inch per foot.

('d') Aboveground piping requirements.

('1') Unless constructed of a corrosion resistant material, the exterior surfaces of aboveground piping must be protected from corrosion. The surface must be prepared to a SSPC SP #6 blast, (see section 1.16 of this Part), or equivalent, and be protected by an inhibitive primer coat, intermediate inhibitive and two or more final coats of paint, or have an equivalent or more protective surface coating or protective system designed to prevent corrosion and deterioration.

('2') All Category 2 permanent aboveground piping greater than two inches in diameter must have welded or flanged connections or be plastic lined metal piping with flared end connections. Screwed connections are not acceptable where the threads are exposed to hazardous substances flowing within the piping. This does not apply to piping components such as gauges and instruments not normally available in flange connections.

('3') Piping passing through dike walls must be designed to prevent excessive stresses as a result of settlement or fire exposure.

(3) Overfill prevention. Overfill prevention equipment and practices must consist of the following:

(i) ASTs must be equipped with a gauge or other monitoring device which accurately determines the level or quantity of the substance in the tank. The gauge must be accessible to the operator or carrier and be installed so that it can be conveniently read. Where filling or emptying is remotely operated, all gauges, gauge labeling, and alarms required must be located at the remote operating station. In addition, remote flow controls must be provided.

(ii) ASTs must be equipped with one of the following:

('a') a device which will alert the operator or carrier by triggering either a high-level warning alarm when the substance reaches 95 percent of the working capacity of the tank;

('b') a device such as a high-level trip (delivery cut-off system) which will automatically shut off or restrict flow when the substance level reaches the working capacity of the tank; or

('c') an automatic by-pass to an overflow tank if the overflow tank is equipped with overflow protection or other equivalent systems for preventing overfills.

(4) Transfer station secondary containment and spill prevention equipment.

(i) Secondary containment for transfers. Transfer of hazardous substances must take place within a transfer station equipped with a permanently installed secondary containment system. This containment system must:

('a') be capable of containing leaks and spills likely to occur during the transfer, including leaks or spills from connections, couplings, vents, pumps, valves, hose failure, or overturning of a container. Open-ended fill pipes must be located within the secondary containment system;

('b') be designed and constructed with a permeability rate to the substance(s) transferred of less than 1 x 10-6 cm/sec. Properly designed concrete which has water stops on all seams and is compatible with the substance(s) stored or other equivalent or superior material satisfies this requirement;

('c') be designed, installed, and operated to prevent any migration of hazardous substances out of the system before cleanup. The system is not required to be designed to contain the gaseous component of a spill;

('d') be constructed, coated, or lined with materials that are compatible with the substances to be transferred and the environment. The system must have sufficient strength and thickness to withstand wear, hydrostatic forces, frost heaving and weathering. The system must support any vehicle brought into the transfer station, and must have a foundation which prevents failure due to settlement, compression, or uplift;

('e') be equipped with a sump and a manually controlled pump or siphon, manually controlled dike valve, or any other manually controlled drainage system to permit the drainage of liquids resulting from leaks, spills, and precipitation. Control of the pump, siphon or valve must be possible from outside of the diked area. All drainage systems must be locked in a closed position when a transfer of a hazardous substance is in progress. Spilled or leaked substances must be removed from the containment system within 24 hours; and

('f') contain the volume of any leak or spill likely to occur at the transfer station. If the stored substance is a liquid at storage conditions and a gas at ambient conditions, then secondary containment must be provided to contain the liquid component of any spill until the phase change from liquid to gas occurs or the spill is cleaned-up, whichever comes first.

('g') Stormwater must be pumped from slop tanks and catch tanks to allow for the containment of the volume required by clause ('f') of this subparagraph.

(ii) Spill prevention at pumps and valves. The owner or operator must prevent spills and leaks at all pumps and valves by using at least one of the following methods:

('a') installation of sealless pumps and valves, fail-safe double seal pumps and valves or equivalent technology;

('b') implementation of a pump and valve maintenance and repair program. The frequency of inspection and scope of maintenance and repair must be based on a minimum of five years of actual operating and service records, manufacturer's recommendation or records for similar operations. The basis for the program, frequency of inspection, and scope of maintenance and repair must be identified in the spill prevention report; or

('c') installation of pumps and valves within a catchment basin such as a drip pan, pad or secondary containment system. The catchment basin must be designed and constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec or less and be compatible with the hazardous substance stored. If a catchment basin is used, it must be inspected each day of operation for accumulation of liquid and have capacity adequate to contain all spills likely to accumulate in the basin.

(5) Valves and couplings. AST systems must be equipped with valves and couplings which meet the following:

(i) any coupling or open-ended valve used for making a transfer must be located within the secondary containment system of the transfer station;

(ii) where a substance transfer pipe or fill pipe is not drained of liquid upon completion of a transfer operation, it must be equipped with a valve such as a dry disconnect shutoff valve which prevents discharges from the line;

(iii) where siphoning or back flow is possible, fill pipes must be equipped with a properly functioning check valve, siphon break or equivalent device or system which provides automatic protection against backflow; and

(iv) each tank connection through which a hazardous substance can normally flow must be equipped with an operating valve or other appropriate means to control such flow, which must have the proper capacity and control characteristics. They must also have a proper mechanical balance for the application so that they are capable of shutting off flow against the operating pressure and capable of being manually controlled or have fail-safe features which operate in the event of a power loss.

(6) Venting.

(i) All tanks must be protected from over-pressurization and excessive vacuums such as those that may be caused by operator error, filling, emptying, atmospheric temperature changes, pumping, refrigeration, heating and fire exposure. Protection must be provided by one or a combination of the following means:

('a') vents;

('b') rupture discs;

('c') pressure/vacuum relief devices;

('d') controllers;

('e') fail-safe vessel designs; or

('f') other means determined by a qualified engineer.

(ii) If a pilot-operated relief valve is used, it must be designed so that the main valve will open automatically and will protect the tank in the event of failure of the pilot valve or another essential functioning device.

(iii) Open vents must be provided with a flame-arresting device, if used on a tank containing a flammable hazardous substance or if used on tanks containing a hazardous substance that is heated above its flash point.

(iv) All vent discharge openings must be designed and constructed to prevent interference of operation due to precipitation.

(v) Discharge from vents must not terminate in or underneath any building if the discharge could pose a fire, health or safety problem.

(vi) All vents must have provisions for draining any condensate which may accumulate.

(vii) Vents must be arranged so that the possibility of tampering will be minimized.

(viii) Vents must have direct contact with the vapor space of the tank.

(ix) The capacity of the vent must not be restricted below design.

(x) Tanks fitted with relief valves must not be equipped with an isolation valve below the relief valve unless two or more relief valves are provided and isolation valves are interlocked.

(xi) All cooled tanks with sealed double-wall construction must have a pressure relief valve on the outer wall in addition to a pressure relief valve or safety disk on the inner tank.

(xii) All atmospheric tanks and all low-pressure tanks must be equipped with normal vents designed to accommodate:

('a') inbreathing resulting from maximum outflow of hazardous substances from the tank;

('b') inbreathing resulting from contraction of vapors caused by maximum decrease in atmospheric temperature;

('c') outbreathing resulting from maximum inflow of hazardous substances into the tank and maximum evaporation caused by such inflow; and

('d') outbreathing resulting from expansion and evaporation that result from maximum increase in atmospheric temperature (thermal breathing).

(xiii) Normal vents may include a pilot-operated relief valve, a pressure relief valve, a pressure-vacuum valve, a conservation vent, an open vent or an equivalent device or a combination of devices.

(xiv) Emergency vents. All atmospheric, low-pressure and high-pressure tanks must have emergency vents to ensure that the safe pressure for the tank is not exceeded. Emergency vents must be designed by a qualified engineer in accordance with generally accepted engineering practices. Emergency vent designs may include: larger or additional open vents, pressure-vacuum valves, pressure relief valves, a gauge hatch that permits the cover to lift under abnormal internal pressure, a manhole cover that lifts when exposed to abnormal internal pressure; or other practice for pressure and vacuum relief.

(7) Pressure, vacuum, and thermal monitoring.

(i) All tanks subject to failure due to pressure or vacuum must be provided with pressure/vacuum gauges and pressure/vacuum controllers.

(ii) Thermal monitors, pressure/vacuum indicators, and their corresponding alarms must be provided for all tanks where a reaction may cause damage to the tank system or endanger human health, safety or the environment.

(iii) All heated or cooled tanks must be equipped with a temperature and pressure gauge and appropriate thermal controls.

(iv) Special precaution against overheating or overcooling must be provided for heated or cooled tanks in accordance with generally accepted engineering practices. Protection must be provided by one or a combination of the following means: temperature controllers, insulation, alarms, fail-safe cooling systems, material selection, or other means determined by a qualified engineer.

(8) Compatibility. Tank system equipment must be either made of or lined with materials that are compatible with the hazardous substance stored in the AST system.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-3.1

Adopted New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 10/17/2023