N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-4.2

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

Section 613-4.2 - 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) AST systems were supported on a well-drained stable foundation which prevents movement, rolling, or settling of the tank and is designed to minimize corrosion of the tank bottom.

(iii) Aboveground tanks, pipes and distribution equipment were not located along highway curves or otherwise exposed to traffic hazards.

(iv) Tanks were tightness tested, as installed, prior to first receipt of petroleum.

(v) Piping in contact with the ground was tightness tested in accordance with paragraph 4.3(d)(2) of this Subpart before being covered, enclosed, or placed in use.

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

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

(i) Tank system components are properly installed in accordance with NFPA 30, 2012 edition.

(ii) AST systems are supported on a well-drained stable foundation which prevents movement, rolling, or settling of the tank and is designed to minimize corrosion of the tank bottom.

(iii) Aboveground tanks, pipes and distribution equipment must not be located along highway curves or otherwise exposed to traffic hazards.

(iv) Tanks are tightness tested in accordance with paragraph 4.3(c)(1) of this Subpart and inspected in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references), as installed, prior to first receipt of petroleum:

(a) API Standard 650, March 2013;

(b) API Standard 653, April 2009;

(c) NFPA 30, 2012 edition;

(d) PEI RP200, 2013 edition;

(e) STI SP001, September 2011;

(f) UL 142, December 2006; or

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

(v) Records of the tank tightness test and inspection required under subparagraph (iv) of this paragraph must be retained for five years, and a copy of the results of the tank tightness testing must be submitted to the Department within 30 days performance of the test.

(vi) Piping in contact with the ground is tightness tested in accordance with paragraph 4.3(d)(2) of this Subpart before being covered, enclosed, or placed in use.

(vii) Tank system joints are liquid-tight and air-tight.

(b)As-built diagram. Reserved.

(c)Compatibility with biofuel blends.

(1) The operator and tank system owner must be able to demonstrate compatibility of every component of an AST 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 AST system is permanently closed in accordance with subdivision 4.5(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) Tanks must have a label (e.g., stenciled lettering) at or near every fill port indicating the tank's registration identification number, and design and working capacities.

(2) Fill ports must be color coded in accordance with API RP 1637 (April 2020). If an AST system contains petroleum that does not have a corresponding API color code, the type of petroleum currently in the AST 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 AST systems must be identified (e.g., with a label or placard) near the fill port. If a fill port is remote from the tank, the type of petroleum current in the AST system must also be identified (e.g., API color code, stenciled lettering) at the tank.

(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 an AST 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 AST 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. Reserved.

(f)Periodic monitoring/testing of fill port catch basins and containment sumps used for interstitial monitoring of piping. Reserved.

(g)Periodic monitoring/testing of leak detection equipment. Reserved.

(h)Periodic operation and maintenance walkthrough inspections.

(1)Walkthrough inspection practices. Walkthrough inspections that, at a minimum, check the following equipment at 30-day intervals, must be performed to ensure proper operation and maintenance of AST systems:

(i) leak detection equipment/systems;

(ii) cathodic protection equipment/systems;

(iii) overfill prevention equipment;

(iv) any other monitoring/warning equipment/system installed;

(v) for AST systems with tanks that are fully enclosed within pre-fabricated secondary containment:

(a) exterior surfaces of the tank secondary containment;

(b) exterior surfaces of accessible portions of piping and ancillary equipment; and

(c) the interstitial space of traditional and modified double-walled tanks;

(vi) for AST systems with tanks that are insulated in order to store heated petroleum and within secondary containment:

(a) the tank insulation; and

(b) exterior surfaces of accessible portions of piping and ancillary equipment;

(vii) for all other AST systems:

(a) exterior surfaces of the tank; and

(b) exterior surfaces of piping and ancillary equipment.

(2) The inspection must identify deficiencies, as applicable, including leaks, cracks, areas of wear, corrosion and thinning, poor maintenance and operating practices, excessive settlement of structures, separation or swelling of tank insulation, malfunctioning equipment, and structural and foundation weaknesses.

(3) If any portion of the AST system is not inspected as required, that AST system must be promptly taken out of service in accordance with subdivision 4.5(a) of this Subpart.

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

(i)Operation and maintenance of corrosion protection. Metal tank system components must be protected from corrosion to prevent releases due to corrosion, until the AST system is permanently closed in accordance with subdivision 4.5(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) API RP 651, January 2007; or

(b) NACE RP0193-2001, 2001.

(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.

(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 4.5(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 4.5(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 4.5(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 4.5(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 steel tanks must be made with steel welds or steel patches that are welded in place. Welds associated with tank repairs must be inspected and tightness tested within 30 days following the repair.

(5) Metal pipe sections and fittings from which petroleum has leaked as a result of corrosion or other damage must be replaced.

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

(7) For a piping repair or replacement, a new piping run must be replaced when 50 percent or more of the piping run is removed, unless the piping run meets the requirements of subparagraph 4.1(b)(2)(iii) of this Subpart.

(8) Within 30 days following the repair of tanks and piping, repaired tanks and piping must be tightness tested in accordance with paragraph 4.3(c)(1) and (d)(2) of this Subpart, respectively, with the exception of the following:

(i) tanks that are internally inspected in accordance with API Standard 653 (April 2009) or STI SP001 (September 2011) following the repair; and

(ii) Category 1 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 4.3(d)(3) of this Subpart following the repair.

(9) 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.

(10)Recordkeeping.

(i) Records required by paragraphs (1) through (9) of this subdivision must be retained until the AST system is permanently closed in accordance with section 4.5(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)AST 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).

(l)Stormwater management. Stormwater which collects within the secondary containment must be controlled by a manually operated pump or siphon, or a gravity drain pipe which has a manually controlled dike valve on the outside of the dike. All pumps, siphons and valves must be properly maintained and kept in good condition. If gravity drain pipes are used, all dike valves must be locked in a closed position except when the operator is in the process of draining clean water from the diked area. Stormwater or any other discharge at a facility must be uncontaminated and free of sheen prior to discharge. Stormwater which is contaminated 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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-4.2

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