N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-3.3

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

Section 613-3.3 - 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) and (d) of this section, as applicable. In addition, the methods listed under paragraphs (c)(1), (2), (7), and (d)(1) through (3) 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 3.5(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. Category 1 tanks must have an annual tank tightness test performed in accordance with paragraph (c)(1) of this section, with the exception of tanks that are:

(a) part of UST systems storing No. 5 or No. 6 fuel oil;

(b) monitored for leaks at weekly intervals using one of the methods listed under paragraphs (c)(2), (3), (4), (5), and (7) of this section; or

(c) encased in concrete and monitored for leaks at weekly intervals in accordance with paragraph (c)(6) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.

(ii)Category 2 tanks. Category 2 tanks must be monitored for leaks at weekly intervals using one of the methods listed under paragraphs (c)(2), (3), (4), and (5) 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)(5) of this section. Continuous electronic monitoring satisfies the weekly monitoring requirement.

(2)Piping leak detection. 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. Except for piping that is part of UST systems storing No. 5 or No. 6 fuel oil, 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;

(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 and is part of UST systems storing motor fuel, must be equipped with an automatic line leak detector that is operated in accordance with paragraph (d)(1) of this section.

(c)Category 3 piping. Category 3 piping that conveys petroleum under pressure and is part of UST systems storing motor fuel, must be equipped with an automatic line leak detector that is operated in accordance with paragraph (d)(1) of this section.

(ii)Suction and gravity-fed piping.

(a)Category 1 piping. Except for piping that is part of UST systems storing No. 5 or No. 6 fuel oil, Category 1 piping that conveys petroleum under suction must have an annual line tightness test in accordance with paragraph (d)(2) of this section.

(b)Category 2 piping. Reserved.

(c)Category 3 piping. Reserved.

(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.

(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)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.

(2)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 gallon per hour from any portion of the tank that routinely contains petroleum.

(ii) 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.

(3)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.

(vii) Monitoring wells are clearly marked in accordance with paragraph 3.2(d)(3) of this Subpart and secured to avoid unauthorized access and tampering.

(4)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.

(viii) Monitoring wells are clearly marked in accordance with paragraph 3.2(d)(3) of this Subpart and secured to avoid unauthorized access and tampering.

(5)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 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 3.2(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.

(6)Weep holes. Holes in the base of a concrete form encasing a tank that are used to detect leaks from any portion of the tank that routinely contains petroleum, must be directly visible to an observer and be inspected for obstructions during leak monitoring.

(7)Other methods. Another leak detection method, or combination of methods, can 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 (2) through (5) 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)(3), (4), (5), and (7) 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)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;

(iii) date of test;

(iv) results of test;

(v) test method;

(vi) certification by the technician that the test complies with subparagraph (c)(1)(i) or (d)(2)(i) 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) 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 §§ 613-3.3

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