N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-6.1

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

Section 613-6.1 - Circumstances and process for imposing a delivery prohibition

(a) Tier 1 conditions

(1) When the Department finds that a Tier 1 condition exists at a facility, the Department will attach a tag to every fill port of the relevant tank system.

(2) At the time that it attaches a tag, the Department will provide to the facility owner, tank system owner, or operator, if one is present, a written notification of the imposition of delivery prohibition identifying the relevant condition(s) at the facility. Otherwise, the Department will then send the written notification via certified mail or personal service to the correspondence address listed in the current facility registration or license within five business days following the time that the tag is attached.

(3) The following are Tier 1 conditions:

(i) A tank system is known to be releasing petroleum. If the source of the release cannot be determined upon inspection, then a tag will be attached to every fill port of all tank systems that are probable sources of the release.

(ii) A UST system covered under section 2.1(a), 3.1(a)(2), or 5.1(a) of this Part, or a UST that is part of an AST system covered under subdivision 5.1(a) of this Part, is missing one or more of the following equipment:

(a) secondary containment equipment required under:

(1) section 2.1(b)(1)(ii) (e), 2.1(b)(1)(iii)(e), 2.1(b)(2)(iii)(c), 2.1(c)(1)(ii) or (iii), or 2.1(c)(2)(iii) of this Part;

(2) clause 3.1(b)(1)(ii)(e) or 3.1(b)(1)(iii)(e) of this Part; or

(3) subparagraph 5.1(b)(1)(i) or (ii), or 5.1(b)(2)(i) of this Part;

(b) overfill prevention equipment required under paragraph 2.1(b)(3), 3.1(b)(3), or 5.1(b)(3) of this Part;

(c) fill port catch basins required under paragraph 2.1(b)(4) or 5.1(b)(4) of this Part;

(d) cathodic protection equipment required under:

(1) section 2.1(b)(1)(i) (b)(2) or (3), 2.1(b)(1)(ii)(b), 2.1(b)(1)(iii)(b), 2.1(b)(2)(i)(a) or (b), 2.1(b)(2)(iii)(b), 2.1(c)(1)(i), (ii), or (iii), 2.1(c)(2)(i), (ii), or (iii), 3.1(b)(1)(ii)(b),

(2) clause 3.1(b)(1)(iii)(b), 3.1(b)(2)(ii)(b), or 3.1(b)(2)(iii)(b) of this Part; or

(3) subparagraph 5.1(b)(1)(i) or (ii), or 5.1(b)(2)(i) of this Part;

(e) leak detection equipment required under subdivision(s) 2.3(a) and (b), 3.3(a) and (b), or 5.3(a) or (b) of this Part.

(b)Tier 2 conditions.

(1) When the Department finds that a Tier 2 condition exists at a facility, the Department may attach a tag to every fill port of the relevant tank system.

(2) Prior to attaching a tag, the Department will send a written statement identifying the relevant condition(s) at the facility. The Department will send the written statement via certified mail or personal service to the correspondence address listed in the current facility registration or license.

(3) At the time that it attaches a tag, the Department will provide to the facility owner, tank system owner, or operator, if one is present, a written notification of the imposition of delivery prohibition identifying the relevant condition(s) at the facility. Otherwise, the Department will then send the written notification via certified mail or personal service to the correspondence address listed in the current facility registration or license within five business days following the time that the tag is attached.

(4) The following are Tier 2 conditions:

(i) The results of the following indicate that the tank system may be leaking petroleum or would not contain a leak if one were to occur, unless documentation acceptable to the Department is submitted within ten days after receipt of the Department's statement issued in accordance with paragraph (2) of this subdivision, demonstrating that the relevant tank system is not leaking or has been appropriately repaired:

(a) monitoring/testing required by subdivision 2.2(f) or 5.2(f) of this Part;

(b) leak detection required by subdivision 2.3(a) and (b), 3.3(a) and (b), or 5.3(a) or (b) of this Part; or

(c) inspections and leak detection required by subdivision 2.2(h), 4.2(h), 4.3(a) and (b), 5.2(h), or 5.3(a) or (b) of this Part.

(ii) With respect to the operation of a UST system covered under section 2.1(a), 3.1(a)(2), or 5.1(a) of this Part, compliance with the following standards is not demonstrated within 30 days following receipt of the Department's statement issued in accordance with paragraph (2) of this subdivision:

(a) spill and overfill prevention operating standards under subdivision 2.2(d), (e), or (f), 3.2(d), or 5.2(d), (e), or (f) of this Part;

(b) cathodic protection operating standards under subdivision 2.2(i), 3.2(i), or 5.2(i) of this Part; or

(c) applicable leak detection methods under subdivision 2.3(c), (d), (e), or (f), 3.3(c) or (d), or 5.3(a) or (b) of this Part.

(iii) A UST system covered under paragraph 3.1(a)(1) or (3) of this Part is missing one or more of the following equipment and installation of the missing component is not documented to the Department within 30 days after receipt of the Department's statement issued in accordance with paragraph (2) of this subdivision:

(a) secondary containment equipment required under clause 3.1(b)(1)(ii)(e) or 3.1(b)(1)(iii)(e) of this Part;

(b) overfill prevention equipment required under paragraph 3.1(b)(3) of this Part;

(c) cathodic protection equipment required under clause 3.1(b)(1)(ii)(b), 3.1(b)(1)(iii)(b), 3.1(b)(2)(ii)(b), or 3.1(b)(2)(iii)(b) of this Part; or

(d) leak detection equipment required under subdivisions 3.3(a) and (b) of this Part.

(iv) An AST system covered under subdivision 4.1(a) or 5.1(a) of this Part, or an AST that is part of a UST system covered under subdivision 5.1(a) of this Part, is missing one or more of the following equipment and installation of the missing equipment is not documented to the Department within 30 days after receipt of the Department's statement issued in accordance with paragraph (2) of this subdivision:

(a) secondary containment equipment required under:

(1) clause 4.1(b)(1)(i)(a), 4.1(b)(1)(ii)(c), or 4.1(b)(1)(iii)(c) of this Part; or

(2) section 5.1(b)(1)(i) (b) or 5.1(b)(1)(ii) of this Part;

(b) overfill prevention equipment required under paragraph 4.1(b)(3) or 5.1(b)(3) of this Part;

(c) corrosion protection equipment required under:

(1) section 4.1(b)(1)(ii) (a)(2) or (3), 4.1(b)(1)(iii)(a)(2) or (3), 4.1(b)(2)(ii)(b), or 4.1(b)(2)(iii)(b) of this Part; or

(2) section 5.1(b)(1)(i) (b), 5.1(b)(1)(ii), or 5.1(b)(2)(ii) of this Part;

(d) leak detection equipment required under subdivision 4.3(a) and (b), or 5.3(a) or (b) of this Part.

(c) The Department may issue the written finding that a Tier 1 or Tier 2 condition exists, in accordance with paragraph (a)(2) or (b)(3) of this section, but withhold the imposition of delivery prohibition for a period that may not exceed 180 days, where:

(1) there is no evidence that the tank system is leaking; and

(2) imposing the delivery prohibition would jeopardize public health or safety or the availability of, or access to, fuel in a rural and remote area.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-6.1

Adopted, New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 10/11/2015

Adopted New York State Register July 19, 2023/Volume XLV Issue 29, eff. 10/17/2023