N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.3

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

Section 613-1.3 - Definitions

(a)Aboveground storage tank system or AST system means any tank system that is not an underground storage tank system.

(b)Accessible area means an area - such as a room, basement, cellar, shaft, or vault - that allows for the physical inspection of the entire exterior of the tank.

(c)Ancillary equipment means fittings, flanges, valves, pumps, and other devices that are used to distribute, meter, or control the flow of petroleum to and from a tank. This term does not include a dispenser system.

(d)Carrier means a person who transports petroleum to or from a tank system. Transporting petroleum does not include dispensing petroleum from a tank system.

(e)Category 1 means any tank system component (e.g., tank, piping, ancillary equipment, fill port catch basins, containment sumps, secondary containment, etc.) installed before December 27, 1986.

(f)Category 2 means any tank system component (e.g., tank, piping, ancillary equipment, fill port catch basins, containment sumps, secondary containment, etc.) installed from December 27, 1986 through October 11, 2015.

(g)Category 3 means any tank system component (e.g., tank, piping, ancillary equipment, fill port catch basins, containment sumps, secondary containment, etc.) installed after October 11, 2015.

(h)Cathodic protection means the prevention of electrolytic corrosion of a metallic structure by causing it to act as the cathode rather than as the anode of an electrochemical cell.

(i)Cathodic protection tester means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to metal portions of tank systems in contact with the ground. At a minimum, such persons must have education, training and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of metal portions of tank systems in contact with the ground.

(j)Change-in-service means switching the material stored within a tank system from a petroleum substance to a non-petroleum substance. This term is a form of permanent closure.

(k)Class A Operator means the individual who has primary responsibility to operate and maintain the UST system(s) at a facility in accordance with applicable requirements of this Part. The Class A Operator typically manages resources and personnel to achieve and maintain compliance with the requirements of this Part.

(l)Class B Operator means the individual who has day-to-day responsibility for complying with applicable requirements of this Part. The Class B Operator typically implements field aspects of operation, maintenance, and associated recordkeeping for a UST system.

(m)Class C Operator means the individual who has primary responsibility for initially addressing emergencies presented by a spill or release from a UST system. The Class C Operator typically controls or monitors the dispensing or sale of petroleum.

(n)Compatible means, in the case of two or more substances, able to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the tank system.

(o)Containment sump means a liquid-tight container that protects the environment by containing leaks and spills of petroleum and petroleum mixtures from piping, dispensers, pumps, and related components in the containment area. Containment sumps may be located at the top of a tank (e.g., tank top sump, submersible turbine pump sump), underneath a dispenser (i.e., under-dispenser containment sump), or at other points in the piping run (e.g., transition sump, intermediate sump).

(p)Corrosion expert means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education, training, and related practical experience, is qualified to engage in the practice of corrosion control of metal portions of tank systems in contact with the ground. Such a person must be:

(1) a professional engineer (P.E.) licensed and registered in New York State (by the New York State Education Department under Title 8 of Article 145 of the Environmental Conservation Law, entitled "Engineering, Land Surveying, and Geology"), who has certification or licensing that includes education and experience in corrosion control of metal portions of tank systems in contact with the ground; or

(2) an individual that is accredited or certified by NACE International as a corrosion specialist or cathodic protection specialist.

(q)Department means the New York State Department of Environmental Conservation.

(r)Design capacity means the amount of petroleum that a tank is designed to hold. If a certain portion of a tank is unable to store petroleum because of its integral design (e.g., electrical equipment or other interior components take up space), the design capacity of the tank is thereby reduced. Actions taken to physically alter the design capacity of a tank (such as drilling a hole in the side of the tank so that it cannot hold petroleum above that point) will not change the design capacity of the tank.

(s)Dielectric material means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate tank systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the tank system (e.g., tank from piping).

(t)Discovery, for the purpose of spill reporting, means observing, directly or indirectly, or being informed of an observation.

(u)Dispenser system means equipment that is located aboveground, is attached to the tank system, and transfers petroleum to its point of use (e.g., motor vehicles, fuel-burning equipment). This term includes the equipment necessary to connect the dispenser to the tank system.

(v)Environment means any water, water vapor, land including land surface or subsurface, air, fish, wildlife, biota, and all other natural resources.

(w)Excavation zone means the volume containing the UST system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

(x)

(1)Facility means a single property, or contiguous or adjacent properties used for a common purpose and owned or operated by the same person or persons, on or in which are located:

(i) one or more tank systems having a combined storage capacity of more than 1,100 gallons (including a major facility); or

(ii) an underground storage tank system having a storage capacity that is greater than 110 gallons.

(2) This term does not include:

(i) any operational tank system;

(ii) any temporary tank system;

(iii) any tank system that is part of a pipeline facility that has been constructed, acquired, or operated in accordance with a Certificate of Public Convenience and Necessity issued by the Federal Energy Regulatory Commission pursuant to the terms of 15 U.S.C. section 717f;

(iv) any heating oil tank system used for on-premises consumption that is not interconnected to any other heating oil tank system and which has a storage capacity of less than 1,100 gallons, unless such tank system or systems are located on a property that has another tank system or set of tank systems that otherwise independently meets the definition of facility under subparagraph (1)(i) or (1)(ii) of this subdivision;

(v) any tank system that has a storage capacity of 1,100 gallons or less and is used to store motor fuel for non-commercial purposes (not for resale) at a farm or residence, unless such tank system or systems are located on a property that has another tank system or set of systems that otherwise independently meets the definition of facility under subparagraph (1)(i) or (1)(ii) of this subdivision;

(vi) any tank system that is used to store or contain asphalt cement (however, a tank system used to store or contain asphaltic emulsions is included);

(vii) any tank system that has been permanently closed in accordance with sections 2.6(b), 3.5(b), 4.5(b), or 5.6(b) of this Part;

(viii) pipelines that enter or leave the property; or

(ix) any wastewater treatment tank system which is:

(a) an AST system; or

(b) a UST system regulated under Section 307(b) or 402 of the Clean Water Act.

(y)Facility owner means any person who has legal or equitable title to the real property of a facility.

(z)Farm means a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. This term includes fish hatcheries, rangeland, and nurseries with growing operations.

(aa)Field-constructed tank means a tank that is completely or primarily constructed on-site.

(ab)Fill port catch basin means a liquid-tight container that protects the environment by containing leaks and spills of petroleum and petroleum mixtures that occur during delivery (e.g., overfills, excess petroleum from the delivery hose).

(ac)Flow-through process tank system means a tank system that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. This term does not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.

(ad)Free product means petroleum that is present as a nonaqueous phase liquid (e.g., liquid that is not dissolved in water.)

(ae)Gathering lines means any pipeline, equipment, site, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

(af)

(1)Hazardous substance means:

(i) a substance included on the list provided under section 597.3 of this Title; or

(ii) a hazardous substance mixture.

(2) This term does not include petroleum as defined in subdivision (ba) of this section, except as may be part of a blend described in paragraph (ag)(2) of this section.

(ag)Hazardous substance mixture means a blend that consists of two or more substances and contains:

(1) one percent or more by volume of one or more substances covered under subparagraph (af)(1)(i) of this section (singly or in combination);

(2) less than 70 percent by volume of the substances covered under subparagraphs (ba)(1)(i) through (iii) of this section (singly or in combination); and

(3) no hazardous waste as identified or listed under Part 371 of this Title.

(ah)Heating oil means petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, or No. 6 technical grade of fuel oil; other residual fuel oils (including Navy Special Fuel Oil, Bunker C, and clarified oil); and other forms of petroleum when burned solely for heating purposes. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces. This term does not include motor fuel used in a generator.

(ai)Hydrant system means a tank system which fuels aircraft, watercraft, or rail vehicles and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands).

(aj)Hydraulic lift tank system means a tank system holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

(ak)In contact with the ground means:

(1) for cathodic protection, on, partially, or fully beneath the surface of the ground, or covered by materials (which induce galvanic corrosion in tank system components); or

(2) for installation and leak detection, on, partially, or fully beneath the surface of the ground, or covered by materials. This definition does not apply to tank system components the exterior of which can be fully physically inspected, or to secondarily contained piping that are located completely aboveground.

(al)Inaccessible area means an area - such as a room, basement, cellar, shaft, or vault - that does not allow for the physical inspection of the exterior of the tank. This term does not include any room, basement, cellar, shaft, vault, etc. that is backfilled following tank installation.

(am)Install or installation means the emplacement of a tank system, or any part thereof, beneath, on, or above the ground. The movement of a tank from one location for use in a different location constitutes the installation of a tank system. Tank retrofits that create a new primary and/or secondary wall constitute a new tank installation.

(an)Leak, spill, or spillage means any escape of petroleum from the ordinary containment employed in the normal course of storage, transfer, processing, or use. Any escape of petroleum that enters containment equipment (e.g., catch basin, containment sump) is a spill.

(ao)Leak detection means determining whether a release of petroleum has occurred from a tank system or a spill has occurred into the interstitial space between the tank system and its secondary barrier or secondary containment around the tank system.

(ap)Lining means a coating of noncorrodible epoxy-based resins (or an equivalent coating) that is bonded firmly to the interior surface of a tank and which is compatible with the petroleum stored, for the primary purpose of isolating the tank interior surface from the stored petroleum to prevent internal corrosion.

(aq)Liquid trap means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

(ar)Major facility includes any refinery, storage or transfer terminal, pipeline, deep water port, drilling platform, or any appurtenance related to any of the preceding that is used or is capable of being used to refine, produce, store, handle, transfer, process, or transport petroleum. A vessel will be considered a major facility only when petroleum is transferred between vessels in the waters of the State of New York. Fueling operations between vessels will not be considered petroleum transfers between vessels for the purposes of this definition. A facility with a combined design capacity less than 400,000 gallons is not a major facility for the purposes of this Part.

(as)Motor fuel means petroleum that is typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, jet fuel, or No. 1 or No. 2 diesel fuel.

(at)On-premises consumption means consumed at the site where the tank system containing the heating oil is located.

(au)On-shore major facility means a major facility that is not a vessel or a drilling platform, is located on or under any land and, if partially or totally located on submerged land, is physically connected to the shore by permanent structures located above the mean high-water level.

(av)Operating day means a calendar day that the facility received or dispensed petroleum.

(aw)Operational tank system means a tank system that is integral to, or connected to, equipment or machinery for which the petroleum in the system is used solely for operational purposes. Petroleum in an operational tank system is not consumed in any context (such as being combusted as fuel or used as a raw material in a manufacturing process). Examples of operational tank systems include hydraulic lift tank systems, lubricating oil system reservoirs, electrical cable oil reservoirs, and electrical transformers.

(ax)Operator means any person who leases, operates, controls, or supervises a facility.

(ay)Overfill means filling a tank beyond its design capacity.

(az)Person means any individual, public or private corporation, political subdivision, government agency, municipality, co-partnership, association, firm, consortium, joint venture, interstate body, trust, estate, or any other legal entity whatsoever.

(ba)

(1)Petroleum means:

(i) crude oil and any fraction thereof;

(ii) synthetic forms of lubricating oils, dielectric oils, insulating oils, hydraulic oils, and cutting oils;

(iii) any complex blend of hydrocarbons that is not derived from crude oil; or

(iv) any petroleum mixture.

(2) This term does not include:

(i) any hazardous substance covered under subdivision (af) of this section, except as may be part of a blend described in subdivision (bb) of this section;

(ii) animal or vegetable oils; or

(iii) substances that are gases at standard temperature and pressure.

(bb)Petroleum mixture means:

(1) a blend that consists of two or more substances that contains:

(i) one percent or more by volume of one or more substances covered under subparagraphs (ba)(1)(i) through (iii) of this section (singly or in combination);

(ii) less than one percent by volume of the substances covered under subparagraph (af)(1)(i) of this section (singly or in combination); and

(iii) no hazardous waste as identified or listed under Part 371 of this Title; or

(2) a blend that consists of two or more substances that contains:

(i) 70 percent or more by volume of the substances covered under subparagraphs (ba)(1)(i) through (iii) of this section (singly or in combination); and

(ii) one or more other substances, except any hazardous waste as identified or listed under Part 371 of this Title.

(bc)Pipe or piping means a hollow cylinder or tubular conduit constructed of non-earthen materials that is used for the conveyance of petroleum.

(bd)Primary containment means any tank, piping or ancillary equipment which, under normal operating conditions, routinely contains petroleum.

(be)Release means any intentional or unintentional action or omission resulting in the releasing, discharging, spilling, leaking, pumping, pouring, emitting, emptying or dumping of petroleum into the waters of the State or onto lands from which it might flow or drain into said waters, or into waters outside the jurisdiction of the State when damage may result to lands, waters, or natural resources within the jurisdiction of the State. A leak or spill of petroleum into secondary containment that does not reach the environment, does not constitute a release.

(bf)Repair means to restore to working order a tank, pipe, fill port catch basin, overfill prevention equipment, corrosion protection equipment, leak detection equipment, or other tank system component that has either caused a leak or a suspected leak of petroleum from the tank system, or failed to function properly.

(bg)Replaced means:

(1) for piping, the removal of piping that is connected to a single tank and installation of other piping in its place. For tanks with multiple piping runs, this definition applies independently to each piping run; or

(2) for all other tank system components, the removal of a tank system component and installation of another of that tank system component in its place.

(bh)Residence means a building that is primarily used for dwelling purposes, including any home, apartment building, or nursing home. This term does not include a hospital or hotel.

(bi)Retail motor fuel facility means a facility engaged in the business of selling motor fuel to customers for on-road use.

(bj)Rural and remote area means an area where one retail motor fuel facility is more than 20 miles from the nearest other retail motor fuel facility.

(bk)Secondary containment means containment that prevents any spilled or leaked petroleum from reaching the land or water outside the containment before cleanup occurs.

(bl)Septic tank means a watertight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil, while settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.

(bm)Stationary device means a device that is not mobile. Examples of stationary devices include tank systems that are fixed or permanently in place on foundations, racks, cradles, or stilts.

(bn)Storage capacity means the total volume capacity of a tank system.

(bo)Stormwater collection system or wastewater collection system means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of stormwater and wastewater does not include treatment except where incidental to conveyance.

(bp)Subtitle I means Subtitle I of the Resource Conservation and Recovery Act, 42 U.S.C. sections 6991 - 6991m, entitled "Regulation of Underground Storage Tanks."

(bq)Surface impoundment means a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials) that is not an injection well.

(br)Tag means a sign that is attached by the Department or its authorized representative to the fill port of a tank system giving notice that delivery is prohibited.

(bs)Tank means a stationary device designed to store petroleum that is constructed of non-earthen materials that provide structural support. Each compartment of a compartmented tank is treated as an individual tank that is part of the same tank system.

(bt)Tank system means the tank, all associated piping, ancillary equipment, fill port catch basins, containment sumps, secondary containment, and any other containment equipment. This term includes all tank compartments as well as interconnected tanks where petroleum can flow between the tanks. This term does not include a dispenser system; septic tank; surface impoundment, pit, pond or lagoon; any tank used for emergency spill or overflow containment that is expeditiously emptied after use; stormwater or wastewater collection system; flow-through process tank system; or liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

(bu)Tank system owner means any person who has legal or equitable title to a tank system.

(bv)Temporary tank system means an aboveground tank system that is installed and intended for use on a property for no more than 180 consecutive days during any 12-month period.

(bw)Tightness test means a test that is capable of detecting a leak from a tank system of 0.1 gallon per hour, unless expressly stated otherwise within in this Part, with a probability of detection of at least 95 percent and a probability of false alarm of no more than 5 percent (with a threshold for declaring a leak of 0.05 gallon per hour). A tightness test is valid only if it is performed by a person who has been trained and certified or credentialed by the manufacturer/vendor in the test method utilizing the testing equipment.

(bx)Title 10 means Title 10 of Article 17 of the Environmental Conservation Law (ECL), entitled "Control of the Bulk Storage of Petroleum."

(by)Under-dispenser containment or UDC means containment equipment underneath a dispenser system, designed to prevent leaks from the dispenser and piping within and above the UDC from reaching soil or groundwater.

(bz)Underground storage tank system or UST system means a tank system that has ten percent or more of its volume beneath the surface of the ground or covered by materials (e.g., backfill, concrete encasement). This term does not include a tank system situated in an accessible area. A tank system that is covered by materials does not include a tank system where the tank is completely above the surface of the ground or in an accessible area, and is:

(1) fully enclosed within pre-fabricated secondary containment; or

(2) insulated in order to store heated petroleum.

(ca)Used for a common purpose means that the primary activity at the properties is the same. A common purpose among properties may be shown if the primary activity at each property falls under the same six-digit classification code of the North American Industry Classification System (a standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the United States business economy).

(cb)Wastewater treatment tank system means a tank system that is designed to receive and treat influent wastewater through physical, chemical, or biological methods.

(cc)Waters or waters of the State means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State of New York, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private, which are wholly or partially within or bordering the State or within its jurisdiction.

(cd)Working capacity means the portion of the design capacity of a tank that may be filled before engaging the overfill prevention device, reduced by an allowance for freeboard and petroleum expansion.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.3

Adopted, New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 10/11/2015

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