N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-2.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 613-2.2 - General installation, operation, and maintenance requirements

(a)Installation requirements.

(1)Category 1 requirements. Reserved.

(2)Category 2 requirements. Category 2 tank system components must have met the following requirements:

(i) Tank system components were installed in accordance with the manufacturer's instructions and NFPA 30, 1984 edition.

(ii) Piping in contact with the ground was tightness tested in accordance with paragraph 2.3(d)(2) of this Subpart before being covered, enclosed, or placed in use.

(iii) Tank system joints were liquid-tight and air-tight.

(iv) Any damage to tank coatings was repaired in accordance with manufacturer's instructions prior to backfilling.

(3)Category 3 requirements. Category 3 tank system components must meet the following requirements:

(i) Tank system components are properly installed in accordance with the manufacturer's instructions and one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(a) API RP 1615, April 2011;

(b) PEI RP100, 2011 edition;

(c) NFPA 30 and 30A, 2012 editions; or

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

(ii) Any damage to tank coatings is repaired in accordance with manufacturer's instructions prior to backfilling.

(iii) A signed statement by the installer certifying that the tank system component was installed in compliance with subparagraph (i) of this paragraph, and one of the following documents, must be submitted to the Department within 30 days of installation and retained for the life of the UST system:

(a) records the installer has been certified by the tank or piping manufacturers, as applicable;

(b) the completed manufacturer's installation checklist showing that the tank or piping segment was installed in accordance with the manufacturer's instructions; or

(c) records the tank or piping segment installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation.

(b)As-built information records. An accurate facility diagram that includes the following information must be maintained until the facility has been permanently closed:

(1)Category 1 tank system components. Reserved.

(2)Category 2 tank system components.

(i) the location of:

(a) each tank and its associated piping, including registration identification number;

(b) fill ports;

(c) dispensing equipment;

(d) check valves;

(e) transition sumps (if any);

(f) monitoring or recovery wells (if any); and

(ii) at least one visible reference point (e.g., facility structure), a frame of reference (e.g., north arrow), and scale of the drawing.

(3)Category 3 tank system components.

(i) the location of:

(a) each tank and its associated piping, including registration identification number;

(b) fill ports;

(c) dispensing equipment;

(d) check valves;

(e) transition sumps (if any);

(f) monitoring or recovery wells (if any);

(ii) at least one visible reference point (e.g., facility structure), a frame of reference (e.g., north arrow), and scale of the drawing; and

(iii) the following attributes:

(a) physical dimensions of each tank; and

(b) installation date for each Category 3 piping segment.

(c)Compatibility with biofuel blends.

(1) The operator and tank system owner must be able to demonstrate compatibility of every component of a UST system storing petroleum containing either greater than ten percent ethanol or greater than 20 percent biodiesel, using one of the following documents:

(i) a certification or listing of the tank system component by a nationally recognized, independent testing laboratory for use with the stored biofuel blend; or

(ii) a written statement of compatibility from the tank system component manufacturer. The manufacturer's statement must be in writing, indicate an affirmative statement of compatibility, and specify the range of biofuel blends with which the equipment or component is compatible.

(2)Recordkeeping. Records required by this subdivision must be maintained until the UST system is permanently closed in accordance with subdivision 2.6(b) of this Subpart.

(d)Spill and overfill prevention. Facilities must be protected against releases due to spilling or overfilling in accordance with the following requirements:

(1) Category 2 and 3 tanks must have a label at every fill port indicating the tank's registration identification number, design and working capacities, and type(s) of petroleum that can be stored in the UST system.

(2) Fill ports must be color coded in accordance with API RP 1637 (April 2020). If a UST system contains petroleum that does not have a corresponding API color code, the type of petroleum currently in the UST system must be identified (e.g., stenciled lettering) at or near the fill port. For any fill port connected to multiple tanks storing different types of petroleum, the types of petroleum in each of the UST systems must be identified (e.g., with a label or placard) near the fill port.

(3) Monitoring wells must be clearly identified (e.g., labeled as "monitoring well", color coded in accordance with API RP 1637 (April 2020)) to prevent the accidental delivery of petroleum and must be sealed or capped to prevent liquids from entering from the surface.

(4)Delivery of petroleum to a UST system.

(i) The operator, when on the premises or when in control of the delivery, is responsible for transfer activities. If the operator is not on the premises and is not in control of a delivery, the carrier is responsible for transfer activities. The requirements of subparagraphs (ii) through (viii) 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) One of the transfer procedures described in NFPA 385 (2012 edition) or API RP 1007 (March 2001) must be used to comply with the requirements of this paragraph. In circumstances of technical infeasibility, practices must be developed and employed to ensure that releases due to spilling or overfilling do not occur.

(iii) Immediately prior to a delivery, the operator/carrier must determine that the delivery will be made to the proper tank system, the tank has sufficient capacity to receive the volume of petroleum to be delivered, and all ancillary equipment are in the appropriate position 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 delivery, all couplings and other connections must be monitored for leaks.

(iv) Immediately prior to a delivery, fill port catch basins must be inspected to ensure that they are empty. No deliveries may be made to the UST system if the fill port catch basin contains water, petroleum, or debris.

(v) Brakes must be set and wheels chocked on all rail cars before and during the delivery.

(vi) When a truck, rail car, or container is connected to the delivery piping, 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.

(vii) During the delivery, 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 petroleum when the tank's working capacity has been reached, or if an equipment failure or emergency occurs.

(viii) Immediately after a delivery, fill port catch basins must be inspected to ensure that they are empty. The fill port catch basin may not be left containing water, petroleum, or debris.

(e)Periodic inspection of overfill prevention equipment. Overfill prevention equipment must be inspected to ensure that the equipment is operating properly and will prevent releases.

(1) Inspections of overfill prevention equipment must be conducted at least once every three years which, at a minimum, ensures 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 1.10 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 required by this subdivision must be retained for three years or until the next inspection, whichever is later.

(f)Periodic monitoring/testing of fill port catch basins and containment sumps used for interstitial monitoring of piping. Fill port catch basins and containment sumps used for interstitial monitoring of piping must be monitored or tested to ensure that the equipment is operating properly and will prevent releases (i.e., is liquid-tight).

(1) The integrity of fill port catch basins 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 monitored: at installation and reinstallation; within 30 days after repair (of the equipment); and, thereafter, at a frequency not less than the frequency of the applicable walkthrough inspections required under subdivision (h) 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 equipment is tested: at installation and reinstallation; within 30 days after repair (of the equipment); and, thereafter, at least once every three years. Vacuum, pressure, or liquid testing is performed in accordance with one of the following criteria (refer to section 1.10 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; or

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

(2)Recordkeeping. Records 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.

(g)Periodic inspection/testing of leak detection equipment.

(1)Connectivity inspections for electronic equipment. All electronic monitoring systems must be inspected for connectivity at 30-day intervals.

(2)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)Handheld electronic sampling equipment for groundwater and vapor monitoring. Ensure operability.

(3)Recordkeeping. Records required by this subdivision must be retained for three years.

(h)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, checks the following equipment at intervals specified below:

(a) every 30 days (note: fill port catch basins 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.

(b) annually:

(1)Containment sumps. Visually check for damage, leaks to the containment area, or releases; 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 1.10 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 required by this subdivision must be retained for three years. Records must also include delivery records if the fill port catch basin is checked less frequently than every 30 days due to infrequent deliveries.

(i)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 petroleum.

(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.

(ii)Inspection criteria. One of the following codes of practice (refer to section 1.10 of this Part for complete citation of references) is used to determine that cathodic protection is adequate:

(a) NACE TM0101-2012, 2012;

(b) NACE TM0497-2012, 2012;

(c) STI R051, January 2006;

(d) NACE SP0285-2011, 2011; or

(e) NACE SP0169-2013, 2013.

(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)Recordkeeping. Records required by paragraphs (2) and (3) of this subdivision must be retained for three years.

(5) Within 10 years after lining installation and every 5 years thereafter, Category 1 tanks lined in accordance with subclause 2.1(b)(1)(i)(b)(1) or item 2.1(b)(1)(i)(b)(3)(i) of this Subpart must be internally inspected and found to be structurally sound, with the lining still performing in accordance with original design specifications. The lining inspection must be conducted in accordance with one of the codes of practice listed under subparagraphs (i) through (iii) of this paragraph. A report detailing the inspection results must be retained for five years. If the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with subdivision (j) of this section, then the lined tank must be permanently closed in accordance with subdivision 2.6(b) of this Subpart.

(i) API RP 1631, June 2001;

(ii) KWA Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera, September 1999; or

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

(j)Repairs and modifications.

(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 or manufacturer's specifications, and must be accompanied by a signed statement from the person who performed the repair, that the repaired tank system component 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 1.10 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;

(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 petroleum has leaked as a result of corrosion or other damage must be replaced.

(7) Noncorrodible pipes and fittings from which petroleum has leaked or that have been damaged must be repaired or replaced.

(8) For a piping repair or replacement, a new piping run must be installed when 50 percent or more of the piping run is removed, unless the piping run meets the requirements of subparagraph 2.1(b)(2)(iii) of this Subpart.

(9) Within 30 days following the repair of overfill prevention equipment or fill port catch basins, the repaired equipment must be tested or inspected, as applicable, in accordance with subdivision (e) or (f) of this section to ensure proper operation.

(10) 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(f) of this section, as applicable.

(11) Within 30 days following the repair of tanks and piping not covered in paragraph (10) of this subdivision, repaired tanks and piping must be tightness tested in accordance with paragraph 2.3(c)(3) 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 (June 2001) following the repair;

(ii) Category 1 and Category 2 field-constructed tanks with a design capacity greater than 50,000 gallons that are tightness tested in accordance with paragraph 2.3(e)(1) of this Subpart following the repair;

(iii) piping that is associated with a field-constructed tank with a design capacity greater than 50,000 gallons, and is tightness tested in accordance with paragraph 2.3(f)(1) of this Subpart following the repair; and

(iv) tanks and piping that are monitored for leaks in accordance with a method listed under paragraph 2.3(c)(4) through (9), or (d)(3) of this Subpart, as applicable.

(12) 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 (i)(2) and (3) of this section to ensure proper operation.

(13)Recordkeeping.

(i) Records required by paragraphs (1) through (12) of this subdivision must be retained until the UST system is permanently closed in accordance with section 2.6(b) of this Subpart.

(ii) Written documentation of all repairs of leak detection equipment installed on-site must be retained for at least three years after the servicing work is completed.

(k)UST systems in locations subject to flooding.

(1) For Category 1 or 2 tanks located in an area where the tank may become buoyant because of a rise in the water table, flooding, or accumulation of water, safeguards must be maintained in accordance with section 2-5.6 of NFPA 30 (1984 edition). If such safeguards include ballasting of a tank with water during flood warning periods, tank system 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 the discharge is in conformance with the standards of Parts 701, 702, 703, and 750 of this Title, as applicable.

(2) For Category 3 tanks located in an area where the tank may become buoyant because of a rise in the water table, flooding, or accumulation of water from fire suppression operations, uplift protection must be provided in accordance with Sections 22.14 and 23.14 of NFPA 30 (2012 edition).

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-2.2

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