N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-3.1

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

Section 613-3.1 - UST systems: design, construction, and equipment

(a)Applicability. The provisions of this Subpart apply to UST systems that are part of a facility, where the UST system:

(1) contains heating oil used for on-premises consumption;

(2) has a storage capacity of 1,100 gallons or less and stores motor fuel for noncommercial purposes (i.e., not for resale) at a farm or residence; or

(3) is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50.

(b)Design and equipment requirements for UST systems. UST systems must meet the following requirements:

(1)Tank requirements.

(i)Category 1 tank requirements. Reserved.

(ii)Category 2 tank requirements. Category 2 tanks must have been properly designed and constructed, and any portion in contact with the ground and routinely contains petroleum must have been protected from corrosion in accordance with clause (a), (b), or (c) of this subparagraph. Category 2 tanks in inaccessible areas must instead have met the requirements of clause (d) of this subparagraph. In addition, all tanks must have been secondarily contained in accordance with clause (e) of this subparagraph.

(a)Fiberglass-reinforced plastic tanks. Tanks made of fiberglass-reinforced plastic (FRP) must have been designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(1) UL 1316, July 1983;

(2) CAN4-S615-M83, 1983; or

(3) a code of practice listed under clause (iii)(a) of this paragraph.

(b)Cathodically protected steel tanks. Steel tanks must have been cathodically protected in accordance with the following:

(1) The tank was designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, April 1981;

(ii) ULC-S603-M1981, 1981; or

(iii) a code of practice listed under subclause (iii)(b)(1) of this paragraph.

(2) The tank was coated with a suitable dielectric material.

(3) The cathodic protection system was designed, fabricated, and installed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) API RP 1632, January 1983;

(ii) ULC-S603.1-M1982, 1982;

(iii) sti-P3®, July 1983; or

(iv) a code of practice listed under subclause (iii)(b)(3) of this paragraph.

(4) Field-installed cathodic protection systems were designed by a corrosion expert.

(5) Impressed current systems were designed to allow determination of current operating status as required under paragraph 3.2(i)(3) of this Subpart.

(c)Clad or jacketed steel tanks. Steel tanks must have been clad or jacketed with a noncorrodible material in accordance with the following:

(1) The tank was designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, April 1981;

(ii) ULC-S603-M1981, 1981; or

(iii) a code of practice listed under subclause (iii)(c)(1) of this paragraph.

(2) The tank was clad or jacketed with a noncorrodible material in accordance with either one of the codes of practice listed under subclause (iii)(c)(2) of this paragraph or the following:

(i) The tank was electrically insulated from the piping with dielectric fittings, bushings, washers, sleeves or gaskets which are compatible with petroleum, petroleum additives, and corrosive soils.

(ii) The tank had an exterior fiberglass reinforced plastic shell bonded firmly to the steel. This must have consisted of a base coat of resin five to eight mils (0.005 to 0.008 inch) in thickness overlain by two layers of resin with fiberglass reinforcement with a thickness of at least 85 mils (0.085 inch) after rolling. A final coat of resin must have been applied to a thickness of 10 to 15 mils (0.01 to 0.015 inch). The thickness of the completed coating must have been a minimum of 100 mils (0.1 inch) after curing. The coating's coefficient of thermal expansion must have been compatible with steel so that stress due to temperature changes will not be detrimental to the soundness of the coating and a permanent bond between coating and steel is maintained. The coating must have been of sufficient density and strength to form a hard impermeable shell which will not crack, wick, wear, soften, or separate and which must be capable of containing the product under normal service conditions in the event the steel wall is perforated. The coating must be noncorrodible under adverse underground electrolytic conditions and must be compatible with petroleum products and petroleum additives.

(iii) The coating was factory-inspected for air pockets, cracks, blisters, pinholes, and electrically tested at 10,000 volts for coating short circuits or coating faults. Any defects were repaired. The coating was factory-checked with a Barcol Hardness Tester or equivalent to assure compliance with the manufacturer's minimum specified hardness standard for cured resin.

(d)Tanks installed in inaccessible areas. Tanks installed in an inaccessible area must have been designed and constructed in accordance with section 4.1(b)(1)(ii) (a) or (b) of this Part.

(e)Secondary containment design. Tanks must have been secondarily contained in accordance with the following:

(1)Performance standards. The tank secondary containment is able to:

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

(ii) prevent the release of petroleum.

(2)Options for secondary containment. The tank secondary containment consisted of one of the following:

(i)Double-walled construction. Double-walled tanks must have been designed and constructed in accordance with either one of the codes of practice listed under subclause (iii)(e)(2) of this paragraph or the following:

(A) The interstitial space of the double-walled tank can be monitored for tightness.

(B) Steel outer jackets had a minimum thickness of 10-gauge and were coated as required under subclause (b)(2) or item (c)(2)(ii) of this subparagraph.

(C) There were no penetrations of any kind through the jacket to the tank except top entry manholes and fittings required for filling, emptying, or venting the tank, or monitoring the interstitial space.

(D) The outer jacket covered at least the bottom 80 percent of the tank.

(E) The jacket was designed to contain an inert gas or liquid at a pressure greater than the maximum internal pressure or be able to contain a vacuum for a period of one month.

(ii)Vaults. Vaults must have been liquid-tight, compatible with the petroleum stored in the tank system, and able to withstand chemical deterioration and structural stresses from internal and external causes. The vault must have been a continuous structure with a chemical-resistant water stop used at any joint. There must have been no drain connections or other entries through the vault except for top entry manholes and other top openings required for filling, emptying, venting, and monitoring the tank, and pumping of any petroleum that leaks into the vault.

(iii)Cut-off walls. Cut-off walls must have met the following requirements:

(A) Cut-off walls were used only where groundwater levels are above the bottom of the tank excavation.

(B) Cut-off walls consisted of an impermeable barrier with a permeability rate to water equal to or less than 1x10^-6 cm/s, which will not deteriorate in an underground environment and in the presence of petroleum.

(C) Cut-off walls extended around the perimeter of the excavation and to an elevation below the lowest groundwater level.

(D) If a synthetic membrane was used for a cut-off wall, any seams, punctures, or tears in the membrane must have been repaired in accordance with manufacturer's instructions and made liquid-tight prior to backfilling. No penetrations of the cut-off wall are allowed.

(E) If impervious native soil was used for a cut-off wall, the soil must have been continuous, of sufficient depth, thickness, and extent to contain a leak, and had a permeability rate to water equal to or less than 1x10^-6 cm/s.

(iv)Impervious underlayment. Impervious underlayment must have met the following requirements:

(A) Impervious underlayment was used only under a tank where groundwater levels are below the bottom of the excavation and where soils are well drained. The underlayment had a permeability rate to water equal to or less than 1x10^-6 cm/s and will not deteriorate in an underground environment and in the presence of petroleum. The underlayment may have consisted of impervious native soils, an impervious concrete pad, a synthetic membrane, or any equivalent material. If a synthetic membrane was used for impervious underlayment, any seams, punctures or tears must have been repaired in accordance with manufacturer's instructions prior to backfilling.

(B) Impervious underlayment extended at least one foot beyond the sides and ends of the tank and had a slope of at least one-quarter inch per foot to a sump. An observation well was positioned in the sump and extended to the surface of the excavation for the purpose of sampling for leaks and pumping out water or petroleum which may accumulate.

(C) Surface waters are drained from the site using practices which may include capping the site with asphalt, concrete, or other impervious cover which is sloped to drainways leading away from the tank.

(iii)Category 3 tank requirements. Category 3 tanks must be properly designed and constructed, and any portion in contact with the ground and routinely contains petroleum must be protected from corrosion in accordance with clause (a), (b), or (c) of this subparagraph. Category 3 tanks in inaccessible areas must instead meet the requirements of clause (d) of this subparagraph. In addition, all tanks must be secondarily contained in accordance with clause (e) of this subparagraph.

(a)Fiberglass-reinforced plastic tanks. Tanks made of fiberglass-reinforced plastic (FRP) must be designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(1) UL 1316, January 1994;

(2) CAN4-S615-M83, 1998;

(3) UL 1856, June 2020 (structural systems only); or

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

(b)Cathodically protected steel tanks. Steel tanks must be cathodically protected in accordance with the following:

(1) The tank is designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, December 1996;

(ii) ULC-S603-00, 2000; or

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

(2) The tank is coated with a suitable dielectric material.

(3) The cathodic protection system is designed, fabricated, and installed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) sti-P3®, September 2013;

(ii) UL 1746, January 2007;

(iii) ULC-S603.1-11, 2011;

(iv) NACE SP0285-2011, 2011; or

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

(4) Field-installed cathodic protection systems are designed by a corrosion expert.

(5) Impressed current systems are designed to allow determination of current operating status as required under paragraph 3.2(i)(3) of this Subpart.

(c)Clad or jacketed steel tanks. Steel tanks must be clad or jacketed with a noncorrodible material in accordance with the following:

(1) The tank is designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, December 1996;

(ii) ULC-S603-00, 2000; or

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

(2) The tank is clad or jacketed with a noncorrodible material that is designed, fabricated, and installed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 1746, January 2007;

(ii) STI F894, September 2013;

(iii) STI F961, September 2013;

(iv) STI F922, January 2013; or

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

(d)Tanks installed in inaccessible areas. Tanks installed in an inaccessible area must be designed and constructed in accordance with section 4.1(b)(1)(iii) (a) or (b) of this Part.

(e)Secondary containment design. Tanks must be secondarily contained in accordance with the following:

(1)Performance standards. The tank secondary containment is able to:

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

(ii) prevent the release of petroleum;

(2) Tanks designed and constructed in accordance with clause (a), (b), or (c) of this subparagraph are, at a minimum, double-walled and are also designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, December 1996;

(ii) UL 1316, January 1994;

(iii) UL 1746, January 2007;

(iv) UL 1856, June 2020 (structural systems only);

(v) STI F841, January 2006;

(vi) STI F922, January 2013; or

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

(3) Tanks installed in accordance with clause (d) of this subparagraph have secondary containment consisting of one of the following:

(i)Double-walled construction. Double-walled tanks must be designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(A) UL 142, December 2006;

(B) UL 80, September 2007;

(C) ULC-S601-07, 2007; or

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

(ii)Vaults. Vaults must be liquid-tight, compatible with the petroleum stored in the tank system, and able to withstand chemical deterioration and structural stresses from internal and external causes. The vault must be a continuous structure with a chemical-resistant water stop used at any joint. There must be no drain connections or other entries through the vault except for top entry manholes and other top openings required for filling, emptying, venting, and monitoring the tank, and pumping of any petroleum that leaks into the vault.

(2)Piping and ancillary equipment requirements. The requirements of this paragraph apply to all piping and ancillary equipment that are in contact with the ground and routinely contains petroleum.

(i)Category 1 requirements. Reserved.

(ii)Category 2 requirements. Category 2 piping must have been properly designed, constructed, and protected from corrosion, in accordance with clause (a) or (b) of this subparagraph. Category 2 ancillary equipment must have been protected from corrosion in accordance with clause (b) of this subparagraph, as applicable.

(a) Piping made of a noncorrodible material must have either been designed and constructed in accordance with clause (iii)(a) of this paragraph or met the following requirements:

(1) The materials, joints, and joint adhesives are compatible with petroleum, petroleum additives, and corrosive soils.

(2) Piping was designed, constructed, and installed with access ports to permit tightness testing without the need for extensive excavation.

(b) Piping and ancillary equipment made of metal must have either been designed and constructed in accordance with clause (iii)(b) of this paragraph or met the following requirements:

(1) The cathodic protection system will provide a minimum of 30 years of protection in corrosive soils.

(2) Cathodic protection was provided using sacrificial anodes or impressed current.

(3) Monitors were installed and kept in proper working condition to check on the adequacy of the cathodic protection system. If at any time the monitor shows that the electrical current necessary to prevent corrosion is not being maintained, the cathodic protection equipment must be repaired in accordance with subdivision 3.2(j) of this Subpart.

(4) Except where cathodic protection is provided by impressed current, piping and ancillary equipment had dielectric bushings, washers, sleeves, or gaskets installed at the end to electrically isolate the piping and ancillary equipment from the tank and the dispenser. These dielectric connectors must be compatible with petroleum, petroleum additives, and corrosive soils.

(5) Piping was designed, constructed, and installed with access ports to permit tightness testing without the need for extensive excavation.

(iii)Category 3 requirements. Category 3 piping must be properly designed, constructed, and protected from corrosion, in accordance with clause (a) or (b) of this subparagraph. Category 3 ancillary equipment must be protected from corrosion in accordance with clause (b) of this subparagraph, as applicable.

(a) Piping made of a noncorrodible material must meet the following requirements:

(1) The materials, joints, and joint adhesives are compatible with petroleum, petroleum additives, and corrosive soils.

(2) Piping is designed, constructed, and installed with access ports to permit tightness testing without the need for extensive excavation.

(3) Piping is designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 971, February 2006;

(ii) ULC-S660-08, 2008; or

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

(b) Piping and ancillary equipment made of metal must meet the following requirements:

(1) The cathodic protection system will provide a minimum of 30 years of protection in corrosive soils.

(2) Cathodic protection is provided using sacrificial anodes or impressed current.

(3) Monitors are installed and kept in proper working condition to check on the adequacy of the cathodic protection system. If at any time the monitor shows that the electrical current necessary to prevent corrosion is not being maintained, the cathodic protection equipment must be repaired in accordance with subdivision 3.2(j) of this Subpart.

(4) Except where cathodic protection is provided by impressed current, piping and ancillary equipment have dielectric bushings, washers, sleeves, or gaskets installed at the end to electrically isolate the piping and ancillary equipment from the tank and the dispenser. These dielectric connectors must be compatible with petroleum, petroleum additives, and corrosive soils.

(5) Piping is designed, constructed, and installed with access ports to permit tightness testing without the need for extensive excavation.

(6) Piping is designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 971A, October 2006; or

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

(7) The piping or ancillary equipment is coated with a suitable dielectric material.

(8) The cathodic protection system is designed, fabricated, and installed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) API RP 1632, January 1996 (revised 2002);

(ii) STI R892, January 2006;

(iii) NACE SP0169-2013, 2013;

(iv) NACE SP0285-2011, 2011; or

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

(9) Field-installed cathodic protection systems are designed by a corrosion expert.

(10) Impressed current systems are designed to allow determination of current operating status as required under paragraph 3.2(i)(3) of this Subpart.

(3)Overfill prevention. Except as specified under subparagraph (iii) of this paragraph, Category 2 and 3 tanks must be equipped with overfill prevention equipment that meets the following requirements:

(i) Overfill prevention equipment must do one of the following:

(a) accurately show the level/volume of petroleum in the tank and be accessible to the person responsible for transfer activities, such that the level/volume of petroleum in the tank can be conveniently read from the fill port;

(b) automatically shut off flow into the tank when the tank is no more than 95 percent full;

(c) alert the person responsible for transfer activities when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm (note: vent whistles cannot be used as high-level alarms); or

(d) restrict flow 30 minutes prior to overfilling so that none of the fittings located on top of the tank are exposed to petroleum due to overfilling;

(e) alert the person responsible for transfer activities with a high-level alarm one minute before overfilling so that none of the fittings located on top of the tank are exposed to petroleum due to overfilling (note: vent whistles cannot be used as high-level alarms); or

(f) automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to petroleum due to overfilling.

(ii) The overfill prevention equipment must be appropriate for the type of delivery made to the UST system and all other tank system equipment installed.

(iii) Overfill prevention equipment is not required if the UST system is filled by transfers of no more than 25 gallons at one time.

(4)Fill port catch basins. Reserved.

(5)Dispenser systems. Reserved.

(6)Valves. UST systems must be equipped with valves described in this paragraph as applicable.

(i)Shear valves. Dispensers of motor fuel under pressure from a remote pumping system must be equipped with a shear valve (i.e., impact valve). Category 1 and 2 valves must meet the standards set forth in NFPA 30A (1984 edition), section 4-3.6. Category 3 valves must meet the standards set forth in NFPA 30A (2012 edition), section 6.3.9.

(ii)Solenoid or anti-siphon valves. Piping and dispensers that are part of UST systems storing motor fuel and are at an elevation below the top of the tank, must be equipped with a device such as a solenoid valve that is positioned adjacent to and downstream from the operating valve. Category 1 and 2 valves must meet the standards set forth in NFPA 30A (1984 edition), section 2-1.7. Category 3 valves must meet the standards set forth in NFPA 30A (2012 edition), section 4.2.4.

(iii)Backflow check valves. Delivery piping associated with a pump-filled tank must be equipped with a properly functioning check valve or equivalent device that provides automatic protection against backflow. Check valves are required only when the arrangement of the delivery piping is such that backflow from the receiving tank is possible.

(iv)Operating valves. Connections on a tank through which petroleum can normally flow and that have the potential to drain the tank via gravity, must be equipped with an operating valve to control the flow. Operating valves must be installed as close as practicable to the tank connection.

(7)Compatibility. Tank system equipment must be either made of or lined with materials that are compatible with the petroleum stored in the UST system.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-3.1

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