N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-3.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 598-3.2 - General operating requirements

(a) Installation requirements.

(1) Category 1 requirements. Piping in contact with the ground must be installed in accordance with the following:

(i) Backfill. Piping that is installed underground must use backfill material that is a non-corrosive, porous, homogeneous substance and the backfill material must be placed completely around the piping and compacted to ensure that the piping is fully and uniformly supported. Backfill of at least six inches in depth must be placed underneath the piping.

(ii) Burial depth. Piping buried underground must be installed so that the top of the piping is at least 18 inches below the surface of the ground. Should conditions make compliance with this requirement impracticable, precautions must be taken to prevent physical damage to the piping. It is not necessary to cover the portion of the piping to which an access port is affixed.

(iii) Inspection of piping in contact with the ground.

('a') Prior to covering, enclosing, or placing piping in use, the piping must be inspected by a qualified inspector in accordance with a consensus code, standard, or practice developed by a nationally recognized association or independent testing laboratory which meets the requirements of this subparagraph. This inspection must include:

('1') weld breaks;

('2') punctures;

('3') scrapes of protective coatings;

('4') cracks;

('5') corrosion;

('6') structural damage; and

('7') improper installation.

('b') Before being placed in service, the piping must be tested for tightness in accordance with 'paragraph 3.3(d)(2) of this Part.

('c') All joints must be liquid-tight and air-tight. If piping is found not to be tight or to be defective, all repairs necessary to remedy the leaks or deficiencies in the piping must be performed prior to the piping being placed in service.

('d') Upon completion of the tightness test and inspection, the inspector must sign and date a statement certifying that the system meets the standards of this subdivision.

('e') The inspector's statement and records of the tightness test and repairs must be kept for five years following the date of installation and made part of the spill prevention report.

(iv) Installation Instructions. In addition to the above requirements, all piping in contact with the ground must be installed in strict accordance with the manufacturer's instructions and a consensus code, standard, or practice developed by a nationally recognized association or independent testing laboratory consistent with the standards of this subparagraph, such as API 1615. (See section 1.16 of this Part). This includes repair of any damaged coatings prior to backfilling.

(2) Category 2 requirements. Tank systems must be installed in accordance with the following:

(i) Foundation design.

('a') ASTs must have a stable and well drained foundation, footing and structural support which are capable of supporting the total weight of the tank when filled to its design capacity. Supports, foundations and anchorage of all tanks must be in accordance with NFPA 30, 1993 section 2-6.1, 2-6.2, 2-6.3, 2-6.4 and 2-6.5 (see section 1.16 of this Part).

('b') Horizontal ASTs must be supported in such a manner as to permit expansion and contraction and to prevent the concentration of excessive loads on the supporting portion of the shell. The bearing afforded by the saddles must extend over at least 1/3 of the circumference of the shell. If bearing of less than 1/3 is used, the design must be approved by a qualified engineer and be documented or referenced in the spill prevention report. Suitable means for preventing corrosion must be provided on that portion of the tank in contact with the foundations or saddles.

('c') Tank systems that are exposed to temperatures of less than 32 degrees Fahrenheit must be supported in such a way, or supplied with heat, to prevent the effects of freezing and frost heaving of the foundation.

(ii) Avoiding traffic hazards. AST systems must be protected from physical damage that may result from moving machinery or vehicles, such as forklifts, automobiles or trucks.

(iii) Separation of incompatible substances. All ASTs must assure separation of incompatible substances. One means of accomplishing this separation is by installing separate independent secondary containment systems capable of preventing the mixing of the incompatible substances in the event of a leak, spill or overfill.

(iv) Emergency response equipment. All AST systems and dikes must be accessible for emergency response (e.g., firefighting equipment).

(v) Backfill. Tank systems that are installed underground must use backfill material that is a non-corrosive, porous, homogeneous substance and it must be placed completely around the tank system and compacted to ensure that the tank system is fully and uniformly supported. Backfill of at least six inches in depth must be placed underneath the piping.

(vi) Burial depth. Piping buried underground must be installed so that the top of the piping is at least 18 inches below the surface of the ground. Should conditions make compliance with this requirement impracticable, precautions must be taken to prevent physical damage to the piping. It is not necessary to cover the portion of the piping to which an access port is affixed.

(vii) Inspection of tank systems.

('a') Prior to covering, enclosing, or placing a tank system in use, the tank system must be inspected by a qualified inspector in accordance with a consensus code, standard, or practice developed by a nationally recognized association or independent testing laboratory which meets the requirements of this subparagraph.

This inspection must include:

('1') weld breaks;

('2') punctures;

('3') scrapes of protective coatings;

('4') cracks;

('5') corrosion;

('6') other structural damage; and

('7') improper installation.

('b') In addition to the above, tank systems must be tested for tightness in accordance with paragraphs 3.3(c)(1) and 3.3 (d)(2) of this Part and inspected in accordance with a consensus code, standard or practice developed by a nationally recognized association or independent testing laboratory which meets the standards of this subparagraph, such as API 650 or API 620. (See section 1.16 of this Part).

('c') All joints must be liquid-tight and air-tight. If the tank system is found not to be tight or to be defective, all repairs necessary to remedy the leaks and deficiencies in the tank system must be performed in accordance with subdivision (d) of this section or in accordance with the manufacturer's instructions prior to it being placed in service.

('d') Upon completion of the tightness test and inspection, the inspector must sign and date a statement certifying that the system meets the standards of this subdivision.

('e') The inspector's statement and records of the tightness test and repairs must be kept for five years following the date of installation and made part of the spill prevention report.

(viii) Qualifications of tank system installers. Installation of an AST system must be performed by a qualified installer or technician who is trained in the engineering methods for installing AST systems.

(ix) Installation Instructions. In addition to the above requirements, all tank systems must be installed in strict accordance with the manufacturer's instructions and a consensus code, standard, or practice developed by a nationally recognized association or independent testing laboratory consistent with the standards of this subparagraph, such as API 1615. (See section 1.16 of this Part). This includes repair of any damaged coatings prior to backfilling.

(b) Spill and overfill prevention.

(1) Labelling requirements.

(i) The design and working capacities of each tank in the tank system, the tank system identification number as shown on the registration certificate, and the chemical name (or common name if the chemical name is not appropriate) of the substance stored must be marked on each tank.

(ii) Where filling or emptying is remotely operated, the design capacity, working capacity, and identification number of the tank as shown on the registration certificate must be clearly marked at the remote operating station.

(iii) All Category 2 aboveground piping must bear a stencil, label or plate which contains the chemical name or common name if the chemical name is not appropriate, for the substance stored. The stencil, label or plate must be located at all valves, pumps, switches and on each side of any wall where piping enters or exits. At least one conspicuously visible label must be provided at each end of the piping.

(iv) All fill and dispensing ports for tanks which are remote from the tank must be labeled with the chemical name or common name or category of substance and must display legible and clearly visible hazard warnings. In addition, fill ports must contain information on the point of delivery. For a registered tank system, this would be the tank identification number. Valves and controllers which govern the filling and emptying of a tank system must contain information on closed and open positions.

(v) Labeling of safety/pressure/vacuum relief valves. Where safety, pressure relief or vacuum relief valves are used, each must be permanently labeled with the information listed below. The labeling may be provided on the valve itself, or on a plate or plates securely fastened to the valve. Labels may be stamped, etched, impressed or cast in the valve or nameplate. The label must include the following information:

('a') the name or identifying trademark of the manufacturer;

('b') the manufacturer's design or type number;

('c') the pipe size of the inlet;

('d') the set pressure or vacuum, in PSIG;

('e') the full open pressure or vacuum, in PSIG; and

('f') the capacity at the indicated pressure or full open vacuum in either cubic feet of gas per minute or cubic feet of gas per hour and be so designated.

(2) Delivery to tank systems.

(i) Responsibility for transfers. The operator, when on the premises or when in control of a hazardous substance transfer, is responsible for transfer activities. If the operator is not on the premises and is not in control of a hazardous substance transfer, the carrier is responsible for transfer activities. The requirements of subparagraphs (ii) through (vii) 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) Immediately prior to the transfer, the operator/carrier must determine that the hazardous substance will be transferred to the proper tank, that the receiving tank has available capacity to receive the hazardous substance amount to be transferred, and that all tank valving and flow control devices are in the proper positions 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 transfer, all couplings and other connections must be monitored for leaks.

(iii) Brakes must be set and wheels chocked on all rail cars before and during loading and unloading.

(iv) When a truck, rail car, or container is connected to a transfer line, 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.

(v) During the entire transfer, and while the tank system is connected to the loading or unloading device, 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 the hazardous substance when the working capacity is reached, or if an equipment failure or emergency occurs.

(vi) During the transfer of a hazardous substance with a flash point below 100 degrees Fahrenheit (37.8 degrees Celsius) or wherever flammable vapors may be present, all potential ignition sources must be controlled. Sources of ignition include open flames, lightning, smoking, cutting, welding, hot surfaces, friction, heat, sparks from static, electrical or mechanical sources, spontaneous ignition, chemical and physical-chemical reactions, and radiant heat.

(vii) Equipment or practices that prevent the mixing of incompatible substances must be in-place. This must include mating of couplings to prevent mixing, written site procedures that prevent delivery of a substance to the wrong tank and which prohibit transfer of incompatible substances at the same time within the same transfer station, or equivalent practices. Any written procedures developed pursuant to this paragraph, must be specified in the spill prevention report required by section 1.9 of this Part.

(c) Daily, annual, and five-year inspections.

(1) Daily inspections. The owner or operator must visually inspect the aboveground tank system for spills and leaks each operating day. In addition, the owner or operator must check to ensure that drain valves are closed if not in use and there are no unpermitted discharges of contaminated water or hazardous substances.

(2) Annual inspections.

(i) The structure-to-electrolyte potential of cathodic protection systems used to protect the bottom of tanks and piping in contact with the ground which are subject to corrosion must be inspected annually by a qualified technician. If the system fails to provide the necessary protection, action must be taken in accordance with paragraph (d)(2) of this section.

(ii) The owner or operator must conduct comprehensive annual inspections of the aboveground tank system.

This inspection must include:

('a') visually inspecting for cracks, areas of wear, corrosion, poor maintenance and operating practices, excessive settlement of structures, separation or swelling of tank insulation, malfunctioning equipment, safety interlocks, safety trips, automatic shutoffs, leak detection, and monitoring, warning or gauging equipment which may not be operating properly;

('b') visually inspecting dikes, transfer station secondary containment, and other secondary containment systems for erosion, cracks, evidence of releases, excessive settlement and structural weaknesses;

('c') checking on the adequacy of exterior coatings, corrosion protection systems, exterior welds and rivets, foundations, spill control equipment, emergency response equipment and fire extinguishing equipment; ('d') visually checking equipment, structures and foundations for excessive wear or damage; and ('e') reviewing compliance with this Part.

(3) Five-year inspections. Tanks must, at least every five years, be inspected in accordance with paragraph 3.3(c)(3) of this Subpart. If thinning of one millimeter per year or greater occurs on the tank walls, or the calculated expected remaining useful life as determined by the inspection is less than 10 years, then reinspection must be performed on the tank at one half of the remaining useful life.

(4) Recordkeeping. Records of the annual inspections required by this subdivision must be retained for 5 years. Records of the five-year inspections required by this subdivision must be retained for 10 years.

(d) Maintenance and repairs.

(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 3.6(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 3.6(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 3.6(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 3.6(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) Inspection of repaired equipment. All repaired equipment must be inspected for tightness and soundness in accordance with paragraphs 3.3(c)(1) or 3.3(d)(2) of this Subpart before it is returned to service.

(e) Tank linings.

(1) Tanks must be lined in accordance with:

(i) API 652 (see section 1.16 of this Part); or

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

(2) Tank linings must be compatible with the substance stored.

(3) Linings of carbon steel tanks must be applied no later than eight hours after abrasive blasting and cleaning of the internal surface or in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department. Visible rust, moisture or foreign matter must not be present.

(4) All linings must be of sufficient thickness, density and strength to form an impermeable shell which will not crack, soften, flake, or separate from interior surfaces. The lining must maintain a permanent bond to the equipment.

(5) The lining's coefficient of thermal expansion must be compatible with the equipment to which it is applied so that stress due to temperature changes will not be detrimental to the soundness of the lining.

(6) The lining material must be applied and cured in strict accordance with the lining manufacturer's specifications.

(7) The lining must be checked for blisters and air pockets and electrically tested for pinholes. The thickness of the lining must be checked with an Elcometer Thickness Gauge or equivalent method and the hardness checked with a Barcol Hardness Tester or equivalent method to assure compliance with manufacturer's specifications. Any defects must be repaired.

(8) The date of installation of the lining, condition of the tank, installation methods, and other pertinent information must be kept in the spill prevention report for the life of the tank system.

(f) Replacement of rupture disks. All rupture disks must be replaced with new ones at least every three years, or in accordance with any other frequency recommended by the disk manufacturer or justified on the basis of operating experience in the spill prevention report.

(g) Switching from one hazardous substance to another hazardous substance. If the substance stored within a tank system is to be switched from one hazardous substance to another, then the tank system must be evaluated by a qualified engineer before the change to the different hazardous substance is made to determine that materials are compatible, pressure and vacuum relief systems are adequate, and that the tank system is properly designed and suitable.

(h) Requirements for tanks subject to flooding. Any tank system susceptible to inundation by water from any source must be adequately anchored to prevent flotation, collapse, or lateral movement that might be caused by hydrodynamic and hydrostatic loads, including the effect of buoyancy. In determining whether a tank system is susceptible to inundation by water, the facility must include consideration of the future physical climate risk due to sea level rise, storm surges, and flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable. Tanks must be designed, installed and maintained in accordance with operating standards set forth in NFPA 30, 1993 section 2-6.6 (see section 1.16 of this Part) and in accordance with State and local flood plain regulations. Dikes in flood plains must be designed and installed to withstand structural damage and overtopping by a 100-year flood. If tanks are ballasted with water during flood warning periods, tank 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 such discharge is in conformance with the standards of Parts 701, 702, 703 and 750 of this Title, as applicable.

(i) Vegetation within secondary containment. No vegetation must be allowed to grow within secondary containment systems unless vegetation is required for the secondary containment to function properly and does not interfere with the requirements of clauses 3.1(b)(1)(i)('c'), 3.1(b)(1)(ii)('c'), 3.1(b)(2)(i), and 3.1(b)(2)(ii)('c') of this Subpart. Any grass within the secondary containment system must be trimmed to no longer than six inches. No accumulation of dead vegetation which could endanger the tank, if ignited, is allowed within the secondary containment system.

(j) Uninspected tank systems. If any portion of a tank system is not tested or inspected as required by this section, the owner or operator must take the uninspected portion of the tank system out-of-service pursuant to the requirements of subdivision 3.6(a) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-3.2

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