N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-4.3

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

Section 613-4.3 - Inspections and leak detection

(a)General inspection and leak detection requirements.

(1) A method, or combination of methods, of inspection and leak detection must be provided, that:

(i) can assess the integrity/remaining useful life of, and detect a leak from any portion of the tank and the piping that are in contact with the ground and routinely contain petroleum;

(ii) is performed in accordance with an acceptable code of practice, or 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), and (d)(1), (2), and (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 an inspection or method of leak detection that complies with the requirements of this section cannot be implemented, the AST system must be permanently closed in accordance with subdivision 4.5(b) of this Subpart.

(3) If the petroleum stored will change such that the AST 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 inspection and leak detection requirements for tanks and piping.

(1)Tank inspection and 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, the following Category 1 tanks must, at least every ten years, have a tank tightness test performed in accordance with paragraph (c)(1) of this section or be inspected in accordance with paragraph (c)(2) of this section:

(1) tanks that have a design capacity equal to or greater than 10,000 gallons; or

(2) tanks that have a design capacity of less than 10,000 gallons and are in close proximity to sensitive receptors. Tanks within 500 horizontal feet of the following resources are considered to be in close proximity to sensitive receptors:

(i) perennial or intermittent streams;

(ii) public or private wells;

(iii) primary or principal aquifers as defined in USGS Water Resource Investigation Reports 87-4274, 87-4275, 87-4276, 87-4122, 88-4076, and Appendix C;

(iv) wetlands as defined in Part 664 of this Title;

(v) lakes/ponds, estuaries, or other similar surface water bodies; or

(vi) storm drains.

(b) No inspections or leak detection is required for Category 1 tanks that are:

(1) entirely aboveground (e.g., a tank on a rack, cradle or stilts); or

(2) part of AST systems storing No. 5 or No. 6 fuel oil.

(c) 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.

(ii)Category 2 tanks. Reserved.

(iii)Category 3 tanks. Reserved.

(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.

(1) Category 1 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 or, at least every ten years, have a line tightness test performed in accordance with paragraph (d)(2) of this section.

(2) No leak detection is required for Category 1 piping that conveys petroleum under pressure and is part of AST systems storing No. 5 or No. 6 fuel oil.

(b)Category 2 piping. Category 2 piping that conveys petroleum under pressure and is part of AST 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 AST 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.

(1) Category 1 piping that conveys petroleum under suction or hydrostatic pressure must, at least every ten years, have a line tightness test performed in accordance with paragraph (d)(2) of this section.

(2) No leak detection is required for Category 1 piping that conveys petroleum under suction or hydrostatic pressure and is part of AST systems storing No. 5 or No. 6 fuel oil.

(b)Category 2 piping. Reserved.

(c)Category 3 piping. Reserved.

(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 (d)(1) or (d)(2) of this section, as applicable, or have a bulk piping tightness test performed in accordance with paragraph (d)(3) of this section.

(c)Tank inspection and testing methods. Tank inspections and tightness testing used to meet the requirements of paragraph (b)(1) 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)Ten-year inspections. Ten-year inspections must be conducted 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 Standard 653, April 2009;

(ii) STI SP001, September 2011; or

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

(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.

(3)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 5, at or above the operating pressure:

Table 5: 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 6:

Table 6: 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 5

(e)Recordkeeping. Records required by this section must meet the following requirements:

(1) Beginning October 17, 2023, the results or records of ten-year inspections must be retained for 20 years or until the inspection following the next inspection, whichever is later.

(2) The results of tightness testing must be retained for ten 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), (d)(2)(i), (d)(3)(ii) or (iii) 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).

(f) repealed.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-4.3

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