N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-2.3
Current through Register Vol. 46, No. 45, November 2, 2024
Section 613-2.3 - Leak detection(a)General leak detection requirements. (1) A method, or combination of methods, of leak detection must be provided, that: (i) can detect a leak from any portion of the tank and the piping that are in contact with the ground or are in inaccessible areas, and routinely contain petroleum;(ii) is installed and calibrated in accordance with the manufacturer's instructions; and(iii) meets the requirements of subdivisions (c) through (f) of this section, as applicable. In addition, the methods listed under paragraphs (c)(2), (3), (4), (8) and (9), (d)(1) through (3), (e)(1) through (5), and (f)(1) through (4) of this section must be capable of detecting the leak rate or quantity specified for that method with a probability of detection of 95 percent and a probability of false alarm of 5 percent.(2) If a method of leak detection that complies with the requirements of this section cannot be implemented, the UST system must be permanently closed in accordance with subdivision 2.6(b) of this Subpart.(3) If the petroleum stored will change such that the UST system would then be subject to new inspections and tests required under this section, these inspections and tests must be performed before the change occurs.(b)Specific leak detection requirements for tanks and piping. (1)Tank leak detection. Tanks must be monitored for leaks as follows: (i)Category 1 tanks. (a) Except for tanks described under clause (b) of this subparagraph, Category 1 tanks must be monitored for leaks at weekly intervals using one of the methods listed under paragraphs (c)(2), (4), (5), (6), (7), (8), and (9) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement. Additionally, inventory monitoring must be performed in accordance with paragraph (c)(1) of this section for tanks which store any amount of motor fuel or kerosene that will be sold as part of a commercial transaction.(b)Alternative tank leak detection. Category 1 field-constructed tanks with a design capacity greater than 50,000 gallons must be monitored for leaks at weekly intervals using one of the methods listed under paragraphs (c)(4), (7), or (9) of this section, or using one or a combination of the alternative methods listed under subdivision (e) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.(ii)Category 2 tanks. (a) Except for tanks described under clause (b) of this subparagraph, Category 2 tanks must be monitored for leaks at weekly intervals in accordance with paragraph (c)(7) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement. Additionally, inventory monitoring must be performed in accordance with paragraph (c)(1) of this section for tanks which store any amount of motor fuel or kerosene that will be sold as part of a commercial transaction.(b)Alternative tank leak detection. Category 2 field-constructed tanks with a design capacity greater than 50,000 gallons must be monitored for leaks at weekly intervals in accordance with paragraph (c)(7) of this section, or using one or a combination of the alternative methods listed under subdivision (e) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.(iii)Category 3 tanks. Category 3 tanks must be monitored for leaks at weekly intervals in accordance with paragraph (c)(7) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement. Additionally, inventory monitoring must be performed in accordance with paragraph (c)(1) of this section for tanks which store any amount of motor fuel or kerosene that will be sold as part of a commercial transaction.(2)Piping leak detection. Except for piping described under subparagraph (iii) of this paragraph, piping that is in contact with the ground and routinely contains petroleum must be monitored for leaks as follows: (i)Pressurized piping. (a)Category 1 piping. Category 1 piping that conveys petroleum under pressure must: (1) be equipped with an automatic line leak detector that is operated in accordance with paragraph (d)(1) of this section; and(2) have an annual line tightness test performed in accordance with paragraph (d)(2) of this section; or(3) be monitored for leaks at weekly intervals in accordance with paragraph (d)(3) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.(b)Category 2 piping. Category 2 piping that conveys petroleum under pressure must: (1) be equipped with an automatic line leak detector that is operated in accordance with paragraph (d)(1) of this section; and(2) have an annual line tightness test performed in accordance with paragraph (d)(2) of this section; or(3) be monitored for leaks at weekly intervals in accordance with paragraph (d)(3) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.(c)Category 3 piping. Category 3 piping that conveys petroleum under pressure must be equipped with an automatic line leak detector that is operated in accordance with paragraph (d)(1) of this section, and be monitored for leaks at weekly intervals in accordance with paragraph (c)(7) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.(ii)Suction and gravity-fed piping. (a)Category 1 piping. Category 1 piping that conveys petroleum under suction must either have a line tightness test performed at least every three years in accordance with paragraph (d)(2) of this section, or be monitored for leaks at weekly intervals in accordance with paragraph (d)(3) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.(b)Category 2 piping. Category 2 piping that conveys petroleum under suction must either have a line tightness test performed at least every three years in accordance with paragraph (d)(2) of this section, or be monitored for leaks at weekly intervals in accordance with paragraph (d)(3) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.(c)Category 3 piping. Category 3 piping that conveys petroleum under suction must be monitored for leaks at weekly intervals in accordance with paragraph (c)(7) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.(d) No leak detection is required for suction piping that is demonstrated to be designed and constructed to meet the following standards: (1) The piping operates at less than atmospheric pressure.(2) The piping is sloped so that the contents of the pipe will drain back into the tank if the suction is released.(3) Only one check valve is included in each suction line.(4) The check valve is located directly below and as close as practicable to the suction pump.(iii)Alternative piping leak detection. Piping that is associated with a field-constructed tank with a design capacity greater than 50,000 gallons, must be monitored for leaks using one of the methods required under paragraph (c)(7), (d)(1), (d)(2), or (d)(3) of this section, as applicable, or using one or a combination of the alternative methods listed under subdivision (f) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.(c)Tank leak detection methods. Tank leak detection methods used to meet the requirements of paragraph (b)(1) of this section must be conducted in accordance with the following:(1)Inventory monitoring. Inventory monitoring must meet the following requirements: (i) Volume measurements for petroleum delivered, dispensed, and the amount still remaining in the tank (or each interconnected set of tanks), are recorded each operating day.(ii) The equipment used is capable of measuring the level of petroleum over the full range of the tank's height to the nearest one-eighth of an inch.(iii) The petroleum delivered is reconciled with delivery receipts by measurement of the volume before and after delivery.(iv) Deliveries are made through a drop tube that extends to within one foot of the tank bottom.(v) Petroleum dispensing is metered and recorded within an accuracy of six cubic inches for every five gallons of petroleum withdrawn.(vi) The measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch and recorded each operating day.(vii) Every operating day, the difference between the expected and actual amount of petroleum in the tank is calculated. At 10-day intervals, the sum of the daily differences is calculated and compared to the thresholds in clauses (a) and (b) of this subparagraph to determine if a leak is suspected. A leak is suspected when: (a) the tank has a recurring accumulation of water within the 10-day period; or(b) the sum of the daily differences over the ten-day interval exceeds the largest of three-quarters of one percent (0.0075) of: (1) tank design capacity;(2) total amount of petroleum delivered to the UST system; or(3) total amount of petroleum dispensed from the UST system.(2)Manual tank gauging. Manual tank gauging must meet the following requirements: (i) Tank petroleum level measurements are taken at the beginning and ending of a period, as listed under subparagraph (iv) of this paragraph, during which no petroleum is added to or removed from the tank.(ii) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period.(iii) The equipment used is capable of measuring the level of petroleum over the full range of the tank's height to the nearest one-eighth of an inch.(iv) A leak is suspected and subject to the requirements of section 2.4 of this Subpart if the variation between beginning and ending measurements exceeds the weekly or monthly standards in Table 2: Table 2: Manual Tank Gauging |
Tank Design Capacity | Minimum Test Duration | Weekly Standard (One Test) | Monthly Standard (Four-Test Average) |
<550 | 36 | 10 | 5 |
551 to 1,000 (tank diameter = 64") | 44 | 9 | 4 |
551 to 1,000 (tank diameter = 48") | 58 | 12 | 6 |
(v) Tanks with a design capacity equal to or less than 550 gallons, and tanks with a design capacity from 551 to 1,000 gallons that meet the tank diameter criteria in Table 2, may use this as the sole method of leak detection. Tanks with a design capacity greater than 1,000 gallons may not use this method to meet the requirements of this Subpart.(3)Tank tightness testing. (i) Tank tightness testing (or another test of equivalent performance) must be capable of detecting a leak at the rate of 0.1 gallon per hour from any portion of the tank that routinely contains petroleum while accounting for the effects of thermal expansion or contraction of the petroleum, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.(ii)Qualifications of test technicians. Tightness tests must be performed by a technician who has an understanding of variables which affect the test and is trained in the performance of the test.(4)Automatic tank gauging. Automatic tank gauging equipment which tests for the loss of petroleum must meet the following requirements: (i) The automatic petroleum level monitor test can detect a leak at the rate of 0.2 gallons per hour from any portion of the tank that routinely contains petroleum.(ii) The automatic tank gauging equipment must meet the inventory monitoring requirements of paragraph (1) of this subdivision, as applicable. (Note: the use of automatic tank gauging equipment does not require inventory monitoring, but the automatic tank gauging equipment must be capable of acquiring tank volume measurements, including tank-bottom water measurements, to the same standards required for inventory monitoring.)(iii) The test must be performed with the equipment operating in one of the following modes: (a) in-tank static testing performed on a weekly basis; or(b) continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the equipment to gather incremental measurements to determine the leak status of the tank at weekly intervals.(5)Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements: (i) The materials used as backfill are sufficiently porous (e.g., gravel, sand, crushed rock) to readily allow diffusion of vapors from leaks into the excavation area.(ii) The stored petroleum, or a tracer compound placed in the UST system, is sufficiently volatile (e.g., gasoline) to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a leak from the tank.(iii) The measurement of vapors by the monitoring device is not rendered inoperative by groundwater, rainfall, soil moisture, or other known interferences so that a leak could go undetected for more than seven days.(iv) The level of background contamination in the excavation zone will not interfere with the method used to detect leaks from the tank.(v) Vapor monitors are designed and operated to detect any significant increase in concentration above background levels of the petroleum stored in the UST system, a component or components of that substance, or a tracer compound placed in the UST system.(vi) In the tank excavation zone, the site is assessed to ensure compliance with the requirements of subparagraphs (i) through (iv) of this paragraph and to establish the number and positioning of monitoring wells or devices that will detect leaks within the excavation zone from any portion of the tank that routinely contains petroleum. Assessments developed after October 13, 2015 must be signed by a professional engineer or professional geologist 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").(vii) Monitoring wells are clearly marked in accordance with paragraph 2.2(d)(3) of this Subpart and secured to avoid unauthorized access and tampering.(6)Groundwater monitoring. Testing or monitoring for liquids on the groundwater must meet the following requirements: (i) The petroleum stored is immiscible in water and has a specific gravity of less than one.(ii) Groundwater is never more than 20 feet from the ground surface, and the hydraulic conductivity of the soil(s) between the UST system and the monitoring wells or devices is not less than 0.01 cm/s (e.g., the soil should consist of gravels, coarse to medium sands, coarse silts, or other permeable materials).(iii) The slotted portion of the monitoring well casing is designed to prevent migration of natural soils or filter pack into the well and to allow entry of petroleum on the water table into the well under both high and low groundwater conditions.(iv) Monitoring wells are sealed from the ground surface to the top of the filter pack.(v) Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible.(vi) The continuous electronic monitoring devices or manual methods used can detect the presence of at least one-eighth of an inch of free product on top of the groundwater in the monitoring wells.(vii) Within and immediately below the UST system excavation zone, the site is assessed to ensure compliance with the requirements of subparagraphs (i) through (v) of this paragraph and to establish the number and positioning of monitoring wells or devices that will detect leaks from any portion of the tank that routinely contains petroleum. Assessments developed after October 13, 2015 must be signed by a professional engineer or professional geologist 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").(viii) Monitoring wells are clearly marked in accordance with paragraph 2.2(d)(3) of this Subpart and secured to avoid unauthorized access and tampering.(7)Interstitial monitoring. Interstitial monitoring between the primary and secondary containment may be used if the monitoring equipment is designed, constructed, and installed to detect a leak from any portion of the tank that routinely contains petroleum, and if the monitoring equipment meets the requirements of either subparagraph (i), (ii), or (iii) of this paragraph:(i) For a double-walled tank, the sampling or testing method: (a) can detect a leak through the inner wall in any portion of the tank that routinely contains petroleum; and(b) is capable of detecting a breach in both the inner and outer walls of the tank if using continuous vacuum, pressure, or liquid-filled methods of interstitial monitoring.(ii) For a UST system with secondary containment within the excavation zone, the sampling or testing method can detect a leak between the primary and secondary containment, and the following conditions are met: (a) The secondary containment consists of artificially constructed material that is sufficiently thick and impermeable (i.e., with a permeability rate to water equal to or less than 1x10-6 cm/s) to direct a leak to the monitoring point and permit its detection.(b) The secondary containment is compatible with the petroleum stored so that a leak from the UST system will not cause a deterioration of the secondary containment, allowing a leak to pass through undetected.(c) For cathodically protected tanks, the secondary containment is installed so that it does not interfere with the proper operation of the cathodic protection system.(d) The groundwater, soil moisture, or rainfall will not render the testing or sampling method inoperative so that a leak could go undetected for more than seven days.(e) The site is assessed to ensure that the secondary containment is always above the groundwater and not in a 25-year flood plain, unless the secondary containment and monitoring designs are for use under such conditions.(f) Monitoring wells are clearly marked in accordance with paragraph 2.2(d)(3) of this Subpart and secured to avoid unauthorized access and tampering.(iii) UST systems installed in a vault that allows for monitoring of the vault space, must meet the requirements of clauses (ii)(a) through (c) of this paragraph.(8)Statistical inventory reconciliation. Statistically based testing or monitoring methods must: (i) report a quantitative result with a calculated leak rate;(ii) be capable of detecting a leak rate of 0.2 gallons per hour; and(iii) use a threshold that does not exceed one-half the minimum detectible leak rate.(9)Other methods. Another leak detection method, or combination of methods, may be used if: (i) it can detect a leak at the rate of 0.2 gallons per hour with a probability of detection of 95 percent and a probability of false alarm of 5 percent, and the method is demonstrated to detect a leak as effectively as any of the methods allowed under paragraphs (4) through (8) of this subdivision; and(ii) the Department approves the method. If the Department approves the method, all conditions imposed by the Department must be met.(d)Piping leak detection methods. Piping leak detection methods used to meet the requirements of paragraph (b)(2) of this section must be conducted in accordance with the following: (1)Automatic line leak detectors. Methods which indicate the presence of a leak by restricting or shutting off the flow of petroleum through piping, or triggering an audible or visual alarm, may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within one hour.(2)Line tightness testing. (i) Line tightness testing must be capable of detecting a leak at the rate of 0.1 gallon per hour at one and one-half times the operating pressure.(ii)Qualifications of test technicians. Tightness tests must be performed by a technician who has an understanding of variables which affect the test and is trained in the performance of the test.(3)Other methods. The methods listed under paragraphs (c)(5) through (9) of this section may be used if they are designed to detect a leak from any portion of the piping that routinely contains petroleum.(e)Alternative leak detection methods for field-constructed tanks with a design capacity greater than 50,000 gallons. Tank leak detection methods used to meet the requirements of clause (b)(1)(i)(b) or (ii)(b) of this section must be conducted in accordance with the following: (1)Annual tightness testing. Annual tank tightness testing must be performed in accordance with subparagraph (c)(3)(ii) of this section and be capable of detecting a leak at the rate of 0.5 gallon per hour from any portion of the tank that routinely contains petroleum while accounting for the effects of thermal expansion or contraction of the petroleum, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.(2)Automatic tank gauging in combination with tank tightness testing. Automatic tank gauging in combination with tank tightness testing must be conducted in accordance with one of the following: (i) Automatic tank gauging is performed at weekly intervals in accordance with subparagraphs (c)(4)(ii) and (iii) of this section and is capable of detecting a leak at the rate of one gallon per hour from any portion of the tank that routinely contains petroleum. In addition, tank tightness testing is performed at least every three years in accordance with subparagraphs (c)(3)(ii) of this section and is capable of detecting a leak at the rate of 0.2 gallons per hour from any portion of the tank that routinely contains petroleum while accounting for the effects of thermal expansion or contraction of the petroleum, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.(ii) Automatic tank gauging is performed at weekly intervals in accordance with subparagraphs (c)(4)(ii) and (iii) of this section and is capable of detecting a leak at the rate of two gallons per hour from any portion of the tank that routinely contains petroleum. In addition, tank tightness testing is performed at least every two years in accordance with subparagraphs (c)(3)(ii) of this section and is capable of detecting a leak at the rate of 0.2 gallons per hour from any portion of the tank that routinely contains petroleum while accounting for the effects of thermal expansion or contraction of the petroleum, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.(3)Vapor monitoring using tracer compound. Vapor monitoring must be performed annually in accordance with paragraph (c)(5) of this section using a tracer compound placed in the UST system and must be capable of detecting a leak at the rate of 0.1 gallons per hour.(4)Inventory control in combination with tank tightness testing, vapor monitoring, or groundwater monitoring. Inventory control in combination with tank tightness testing, vapor monitoring, or groundwater monitoring must be conducted in accordance with the following: (i) Inventory control is conducted at least every 30 days in accordance with one of the following standards (refer to section 1.10 of this Part for complete citation of references): (a) Department of Defense Manual 4140.25; or(b) a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the Department.(ii) Inventory control is capable of detecting a leak at the rate of 0.5 percent or less of flow-through.(iii) Inventory control is combined with one of the following leak detection methods: (a)Tank tightness testing. Tank tightness testing is performed annually in accordance with subparagraph (c)(3)(ii) of this section and is capable of detecting a leak at the rate of 0.5 gallon per hour from any portion of the tank that routinely contains petroleum while accounting for the effects of thermal expansion or contraction of the petroleum, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.(b)Vapor or groundwater monitoring. Vapor or groundwater monitoring is performed at weekly intervals in accordance with paragraph (c)(5) or (6), respectively, of this section.(5)Other methods. Another leak detection method, or combination of methods, may be used if: (i) the method is demonstrated to detect a leak as effectively as any of the methods allowed under paragraphs (1) through (4) of this subdivision; and(ii) the Department approves the method. If the Department approves the method, all conditions imposed by the Department must be met.(f)Alternative leak detection methods for piping associated with field-constructed tanks with a design capacity greater than 50,000 gallons or airport hydrant systems. Piping leak detection methods used to meet the requirements of subparagraph (b)(2)(iii) of this section must be conducted in accordance with the following: (1)Bulk piping tightness testing. Line tightness testing must be performed in accordance with the following:(i) Line tightness testing is performed semiannually or annually in accordance with subparagraph (d)(2)(ii) of this section.(ii) Line tightness testing is capable of detecting a leak at the rates in Table 3, at or above the operating pressure: Table 3: Maximum Leak Detection Rate Per Test Section Volume |
Piping Segment Volume | Semiannual Test | Annual Test |
<50,000 | 1.0 | 0.5 |
>=50,000 to <75,000 | 1.5 | 0.75 |
>=75,000 to <100,000 | 2.0 | 1.0 |
>=100,000 | 3.0 | 1.5 |
(iii) Piping segment volumes >=100,000 gallons not capable of meeting the maximum 3.0 gallons per hour leak rate (for semiannual testing) may instead be tested at a leak rate up to 6.0 gallons per hour in accordance with the schedule in Table 4: Table 4: Phase-In Schedule for Piping Segments >=100,000 Gallons in Volume |
Test | Due Date | Maximum Leak Detection Rate |
First test | Not later than October 13, 2018 | 6.0 |
Second test | Between October 13, 2018 and October 13, 2021 | 6.0 |
Third test | Between October 13, 2021 and October 13, 2022 | 3.0 |
Subsequent tests | After October 13, 2022 | 3.0 (Semiannual Test) or 1.5 (Annual Test) per Table 3 |
(2)Vapor monitoring using tracer compound. Vapor monitoring must be performed annually in accordance with paragraph (c)(5) of this section using a tracer compound placed in the UST system and must be capable of detecting a leak at the rate of 0.1 gallons per hour.(3)Inventory control in combination with bulk piping tightness testing, vapor monitoring, or groundwater monitoring. Inventory control in combination with bulk piping tightness testing, vapor monitoring, or groundwater monitoring must be conducted in accordance with the following: (i) Inventory control is conducted at least every 30 days in accordance with one of the following standards (refer to section 1.10 of this Part for complete citation of references): (a) Department of Defense Manual 4140.25; or(b) a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the Department.(ii) Inventory control is capable of detecting a leak at the rate of 0.5 percent or less of flow-through.(iii) Inventory control is combined with one of the following leak detection methods: (a)Bulk piping tightness testing. Bulk piping tightness testing is performed in accordance with paragraph (1) of this subdivision and is capable of detecting a leak at the rates for semiannual testing in Table 3; or(b)Vapor or groundwater monitoring. Vapor or groundwater monitoring is performed at weekly intervals in accordance with paragraph (c)(5) or (6), respectively, of this section.(4)Other methods. Another leak detection method, or combination of methods, may be used if: (i) the method is demonstrated to detect a leak as effectively as any of the methods allowed under paragraphs (1) through (3) of this subdivision; and(ii) the Department approves the method. If the Department approves the method, all conditions imposed by the Department must be met.(g)Recordkeeping. Records required by this section must meet the following requirements: (1) The results or records of any sampling, testing, or monitoring must be retained for at least three years.(2) The results of tightness testing must be retained for three years or until the next test, whichever is later, and include the following information: (i) facility registration number;(ii) tank identification number used on the application form required under section 1.9 of this Part for the tank or piping tested;(vi) certification by the technician that the test complies with subparagraph (c)(3)(i), subparagraph (d)(2)(i), paragraph (e)(1), clause (e)(4)(iii)(a), subparagraph (f)(1)(ii) or (iii), or clause (f)(3)(iii)(a) of this section;(vii) statement of technician's qualifications;(viii) address of technician; and(ix) signature of technician.(3) A copy of the results of tightness testing must be submitted to the Department within 30 days after performance of the test(s).(4) Site assessment reports required under subparagraph 2.3(c)(5)(vi) or (6)(vii) of this section must be retained for as long as vapor or groundwater monitoring is used to satisfy the requirements of this Subpart.(5) Written performance claims pertaining to any leak detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, must be retained for five years after the date of equipment installation.(6) Written documentation of all calibration, maintenance, and repairs of leak detection equipment installed on-site must be retained for at least three years after the servicing work is completed. Schedules of required calibration and maintenance provided by the leak detection equipment manufacturer must be retained for five years after the date of equipment installation.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-2.3
Adopted, New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 10/11/2015Amended New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 10/17/2023