N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-2.1

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

Section 613-2.1 - UST systems

(a)Applicability.

(1) The provisions of this Subpart apply to UST systems that are part of a facility except for UST systems that are subject to Subpart 3 or 5 of this Part. Every UST system covered by this Subpart is subject to regulation pursuant to Subtitle I and Title 10.

(2)Alternatives allowed. UST systems with field-constructed tanks with a design capacity greater than 50,000 gallons that are subject to this Subpart may utilize the alternatives provided in subdivision (c) of this section and subdivisions 2.3(e) and (f) of this Subpart.

(3)Partial exclusion. Only the provisions of subdivision (d) of this section and Subpart 7 of this Part apply to wastewater treatment tank systems that are subject to this Part.

(b)Design and equipment requirements for UST systems. UST systems must meet the following requirements:

(1)Tank requirements.

(i)Category 1 tank requirements. Category 1 tanks must have been properly designed and constructed, and any portion in contact with the ground and routinely contains petroleum must have been protected from corrosion, in accordance with clause (a) of this subparagraph or met the requirements of clause (b) of this subparagraph.

(a) The tank met Category 2 or 3 tank requirements of subparagraph (ii) or (iii) of this paragraph.

(b) The tank met one of the following:

(1)Internal lining. Steel tanks must have been internally lined in accordance with API RP 1631, June 2001.

(2)Cathodic protection. Steel tanks must have been equipped with cathodic protection that met the requirements of subclauses (ii)(b)(4) and (5) of this paragraph, and the integrity of the tank must have been ensured using one of the following methods:

(i) The tank was internally inspected and assessed to ensure that the tank was structurally sound and free of corrosion holes prior to installing the cathodic protection system.

(ii) The tank had been installed for less than 10 years and is monitored weekly for leaks in accordance with one of the methods in listed under paragraphs 2.3(c)(4) through (9) of this Subpart.

(iii) The tank had been installed for less than 10 years and was assessed for corrosion holes by conducting two tightness tests in accordance with paragraph 2.3(c)(3) of this Subpart. The first tightness test must have been conducted prior to installation of the cathodic protection system. The second test must have been conducted between installation of the cathodic protection system and six months following its first operation.

(3)Internal lining combined with cathodic protection. Steel tanks must have been internally lined and equipped with cathodic protection. Tanks with both internal lining and cathodic protection must have met the following requirements:

(i) The internal lining was installed in accordance with subclause (1) of this clause.

(ii) The cathodic protection system met the requirements of subclauses (ii)(b)(4) and (5) of this paragraph.

(ii)Category 2 tank requirements. Category 2 tanks must have been properly designed and constructed, and any portion in contact with the ground and routinely contains petroleum must have been protected from corrosion, in accordance with clause (a), (b), or (c) of this subparagraph. Category 2 tanks in inaccessible areas must instead have met the requirements of clause (d) of this subparagraph. In addition, all tanks must have been secondarily contained in accordance with clause (e) of this subparagraph.

(a)Fiberglass-reinforced plastic tanks. Tanks made of fiberglass-reinforced plastic (FRP) must have been designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(1) UL 1316, July 1983;

(2) CAN4-S615-M83, 1983; or

(3) a code of practice listed under clause (iii)(a) of this paragraph.

(b)Cathodically protected steel tanks. Steel tanks must have been cathodically protected in accordance with the following:

(1) The tank was designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, April 1981;

(ii) ULC-S603-M1981, 1981; or

(iii) a code of practice listed under subclause (iii)(b)(1) of this paragraph.

(2) The tank was coated with a suitable dielectric material.

(3) The cathodic protection system was designed, fabricated, and installed 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 RP 1632, January 1983;

(ii) ULC-S603.1-M1982, 1982;

(iii) sti-P3®, July 1983; or

(iv) a code of practice listed under subclause (iii)(b)(3) of this paragraph.

(4) Field-installed cathodic protection systems were designed by a corrosion expert.

(5) Impressed current systems were designed to allow determination of current operating status as required under paragraph 2.2(i)(3) of this Subpart.

(c)Clad or jacketed steel tanks. Steel tanks must have been clad or jacketed with a noncorrodible material in accordance with the following:

(1) The tank was designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, April 1981;

(ii) ULC-S603-M1981, 1981; or

(iii) a code of practice listed under subclause (iii)(c)(1) of this paragraph.

(2) The tank was clad or jacketed with a noncorrodible material in accordance with either one of the codes of practice listed under subclause (iii)(c)(2) of this paragraph or the following:

(i) The tank was electrically insulated from the piping with dielectric fittings, bushings, washers, sleeves, or gaskets which are compatible with petroleum, petroleum additives, and corrosive soils.

(ii) The tank had an exterior fiberglass reinforced plastic shell bonded firmly to the steel. This must have consisted of a base coat of resin five to eight mils (0.005 to 0.008 inch) in thickness overlain by two layers of resin with fiberglass reinforcement with a thickness of at least 85 mils (0.085 inch) after rolling. A final coat of resin must have been applied to a thickness of 10 to 15 mils (0.01 to 0.015 inch). The thickness of the completed coating must have been a minimum of 100 mils (0.1 inch) after curing. The coating's coefficient of thermal expansion must have been compatible with steel so that stress due to temperature changes will not be detrimental to the soundness of the coating and a permanent bond between coating and steel is maintained. The coating must have been of sufficient density and strength to form a hard impermeable shell which will not crack, wick, wear, soften, or separate and which must be capable of containing the product under normal service conditions in the event the steel wall is perforated. The coating must be noncorrodible under adverse underground electrolytic conditions and compatible with petroleum products and petroleum additives.

(iii) The coating was factory-inspected for air pockets, cracks, blisters, pinholes, and electrically tested at 10,000 volts for coating short circuits or coating faults. Any defects were repaired. The coating was factory-checked with a Barcol Hardness Tester or equivalent to assure compliance with the manufacturer's minimum specified hardness standard for cured resin.

(d)Tanks installed in inaccessible areas. Tanks installed in an inaccessible area must have been designed and constructed in accordance with section 4.1(b)(1)(ii) (a) or (b) of this Part.

(e)Secondary containment design. Tanks must have been secondarily contained in accordance with the following:

(1)Performance standards. The tank secondary containment is able to:

(i) contain petroleum leaked from the primary containment until it is detected and remediated; and

(ii) prevent the release of petroleum.

(2)Options for secondary containment. The tank secondary containment consisted of one of the following:

(i)Double-walled construction. Double-walled tanks must have been designed and constructed in accordance with either one of the codes of practice listed under subclause (iii)(e)(2) of this paragraph or the following:

(A) The interstitial space of the double-walled tank can be monitored for tightness.

(B) Steel outer jackets had a minimum thickness of 10-gauge and were coated as required under subclause (b)(2) or item (c)(2)(ii) of this subparagraph.

(C) There were no penetrations of any kind through the jacket to the tank except top entry manholes and fittings required for filling, emptying, or venting the tank, or monitoring the interstitial space.

(D) The outer jacket covered at least the bottom 80 percent of the tank.

(E) The jacket was designed to contain an inert gas or liquid at a pressure greater than the maximum internal pressure or be able to contain a vacuum for a period of one month.

(ii)Vaults. Vaults must have been liquid-tight, compatible with the petroleum stored in the tank system, and able to withstand chemical deterioration and structural stresses from internal and external causes. The vault must have been a continuous structure with a chemical-resistant water stop used at any joint. There must have been no drain connections or other entries through the vault except for top entry manholes and other top openings required for filling, emptying, venting, and monitoring the tank, and pumping of any petroleum that leaks into the vault.

(iii)Cut-off walls. Cut-off walls must have met the following requirements:

(A) Cut-off walls were used only where groundwater levels are above the bottom of the tank excavation.

(B) Cut-off walls consisted of an impermeable barrier with a permeability rate to water equal to or less than 1x10^-6 cm/s, which will not deteriorate in an underground environment and in the presence of petroleum.

(C) Cut-off walls extended around the perimeter of the excavation and to an elevation below the lowest groundwater level.

(D) If a synthetic membrane was used for a cut-off wall, any seams, punctures, or tears in the membrane must have been repaired in accordance with manufacturer's instructions and made liquid-tight prior to backfilling. No penetrations of the cut-off wall are allowed.

(E) If impervious native soil was used for a cut-off wall, the soil must have been continuous, of sufficient depth, thickness, and extent to contain a leak, and had a permeability rate to water equal to or less than 1x10^-6 cm/s.

(iv)Impervious underlayment. Impervious underlayment must have met the following requirements:

(A) Impervious underlayment was used only under a tank where groundwater levels are below the bottom of the excavation and where soils are well drained. The underlayment had a permeability rate to water equal to or less than 1x10^-6 cm/s and will not deteriorate in an underground environment and in the presence of petroleum. The underlayment may have consisted of impervious native soils, an impervious concrete pad, a synthetic membrane, or any equivalent material. If a synthetic membrane was used for impervious underlayment, any seams, punctures, or tears must have been repaired in accordance with manufacturer's instructions prior to backfilling.

(B) Impervious underlayment extended at least one foot beyond the sides and ends of the tank and had a slope of at least one-quarter inch per foot to a sump. An observation well was positioned in the sump and extended to the surface of the excavation for the purpose of sampling for leaks and pumping out water or petroleum which may accumulate.

(C) Surface waters are drained from the site using practices which may include capping the site with asphalt, concrete, or other impervious cover which is sloped to drainways leading away from the tank.

(iii)Category 3 tank requirements. Category 3 tanks must be properly designed and constructed, and any portion in contact with the ground and routinely contains petroleum must be protected from corrosion, in accordance with clause (a), (b), or (c) of this subparagraph. Category 3 tanks in inaccessible areas must instead meet the requirements of clause (d) of this subparagraph. In addition, all tanks must be secondarily contained in accordance with clause (e) of this subparagraph.

(a)Fiberglass-reinforced plastic tanks. Tanks made of fiberglass-reinforced plastic (FRP) must be designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(1) UL 1316, January 1994;

(2) ULC-S615-98, 1998;

(3) UL 1856, June 2020 (structural systems only); or

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

(b)Cathodically protected steel tanks. Steel tanks must be cathodically protected in accordance with the following:

(1) The tank is designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, December 1996;

(ii) ULC-S603-00, 2000; or

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

(2) The tank is coated with a suitable dielectric material.

(3) The cathodic protection system is designed, fabricated, and installed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) sti-P3®, September 2013;

(ii) UL 1746, January 2007;

(iii) ULC-S603.1-11, 2011;

(iv) NACE SP0285-2011, 2011; or

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

(4) Field-installed cathodic protection systems are designed by a corrosion expert.

(5) Impressed current systems are designed to allow determination of current operating status as required under paragraph 2.2(i)(3) of this Subpart.

(c)Clad or jacketed steel tanks. Steel tanks must be clad or jacketed with a noncorrodible material in accordance with the following:

(1) The tank is designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, December 1996;

(ii) ULC-S603-00, 2000; or

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

(2) The tank is clad or jacketed with a noncorrodible material that is designed, fabricated, and installed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 1746, January 2007;

(ii) STI F894, September 2013;

(iii) STI F961, September 2013;

(iv) STI F922, January 2013; or

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

(d)Tanks installed in inaccessible areas. Tanks installed in an inaccessible area must be designed and constructed in accordance with section 4.1(b)(1)(iii) (a) or (b) of this Part.

(e)Secondary containment design. Tanks must be secondarily contained in accordance with the following:

(1)Performance standards. The tank secondary containment is able to:

(i) contain petroleum leaked from the primary containment until it is detected and remediated; and

(ii) prevent the release of petroleum.

(2) Tanks designed and constructed in accordance with clause (a), (b), or (c) of this subparagraph are, at a minimum, double-walled and are also designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 58, December 1996;

(ii) UL 1316, January 1994;

(iii) UL 1746, January 2007;

(iv) UL 1856, June 2020 (structural systems only);

(v) STI F841, January 2006;

(vi) STI F922, January 2013; or

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

(3) Tanks installed in accordance with clause (d) of this subparagraph have secondary containment consisting of one of the following:

(i)Double-walled construction. Double-walled tanks must be designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(A) UL 142, December 2006;

(B) UL 80, September 2007;

(C) ULC-S601-07, 2007; or

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

(ii)Vaults. Vaults must be liquid-tight, compatible with the petroleum stored in the tank system, and able to withstand chemical deterioration and structural stresses from internal and external causes. The vault must be a continuous structure with a chemical-resistant water stop used at any joint. There must be no drain connections or other entries through the vault except for top entry manholes and other top openings required for filling, emptying, venting, and monitoring the tank, and pumping of any petroleum that leaks into the vault.

(2)Piping and ancillary equipment requirements. The requirements of this paragraph apply to all piping and ancillary equipment that are in contact with the ground and routinely contains petroleum.

(i)Category 1 requirements. Category 1 piping and ancillary equipment must have been either upgraded to meet the requirements of clause (a) of this subparagraph by December 22, 1998, or removed.

(a) Piping and ancillary equipment made of metal must have been properly designed, constructed, and protected from corrosion, in accordance with the following requirements:

(1) The cathodic protection system will provide a minimum of 30 years of protection in corrosive soils.

(2) Cathodic protection was provided using sacrificial anodes or impressed current.

(3) Monitors were installed and kept in proper working condition to check on the adequacy of the cathodic protection system. If at any time the monitor shows that the electrical current necessary to prevent corrosion is not being maintained, the cathodic protection equipment must be repaired in accordance with subdivision 2.2(j) of this Subpart.

(4) Except where cathodic protection is provided by impressed current, piping and ancillary equipment had dielectric bushings, washers, sleeves, or gaskets installed at the end to electrically isolate the piping and ancillary equipment from the tank and the dispenser. These dielectric connectors must be compatible with petroleum, petroleum additives, and corrosive soils.

(5) Piping was designed, constructed, and installed with access ports to permit tightness testing without the need for extensive excavation.

(ii)Category 2 requirements. Category 2 piping must have been properly designed, constructed, and protected from corrosion, in accordance with clause (a) or (b) of this subparagraph. Category 2 ancillary equipment must have been protected from corrosion in accordance with clause (b) of this subparagraph, as applicable.

(a) Piping made of a noncorrodible material must have either been designed and constructed in accordance with clause (iii)(a) of this paragraph or met the following requirements:

(1) The materials, joints, and joint adhesives are compatible with petroleum, petroleum additives, and corrosive soils.

(2) Piping was designed, constructed, and installed with access ports to permit tightness testing without the need for extensive excavation.

(b) Piping and ancillary equipment made of metal must have either been designed and constructed in accordance with clause (iii)(b) of this paragraph or met the following requirements:

(1) The cathodic protection system will provide a minimum of 30 years of protection in corrosive soils.

(2) Cathodic protection was provided using sacrificial anodes or impressed current.

(5) Piping was designed, constructed, and installed with access ports to permit tightness testing without the need for extensive excavation.

(iii)Category 3 requirements. Category 3 piping must be properly designed, constructed, and protected from corrosion, in accordance with clause (a) or (b) of this subparagraph. Category 3 ancillary equipment must be protected from corrosion in accordance with clause (b) of this subparagraph, as applicable. In addition, all piping and ancillary equipment (except for suction piping monitored for leaks in accordance with clause 2.3(b)(2)(ii)(d) of this Subpart) must be secondarily contained in accordance with clause (c) of this subparagraph.

(a) Piping made of a noncorrodible material must meet the following requirements:

(1) The materials, joints, and joint adhesives are compatible with petroleum, petroleum additives, and corrosive soils.

(2) Piping is designed, constructed, and installed with access ports to permit tightness testing without the need for extensive excavation.

(3) Piping is designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 971, February 2006;

(ii) ULC-S660-08, 2008; or

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

(b) Piping and ancillary equipment made of metal must meet the following requirements:

(1) The cathodic protection system will provide a minimum of 30 years of protection in corrosive soils.

(2) Cathodic protection is provided using sacrificial anodes or impressed current.

(3) Monitors are installed and kept in proper working condition to check on the adequacy of the cathodic protection system. If at any time the monitor shows that the electrical current necessary to prevent corrosion is not being maintained, the cathodic protection equipment must be repaired in accordance with subdivision 2.2(j) of this Subpart.

(4) Except where cathodic protection is provided by impressed current, piping and ancillary equipment have dielectric bushings, washers, sleeves, or gaskets installed at the end to electrically isolate the piping and ancillary equipment from the tank and the dispenser. These dielectric connectors must be compatible with petroleum, petroleum additives, and corrosive soils.

(5) Piping is designed, constructed, and installed with access ports to permit tightness testing without the need for extensive excavation.

(6) Piping is designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 971A, October 2006; or

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

(7) The piping or ancillary equipment is coated with a suitable dielectric material.

(8) The cathodic protection system is designed, fabricated, and installed 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 RP 1632, January 1996 (revised 2002);

(ii) STI R892, January 2006;

(iii) NACE SP0169-2013, 2013;

(iv) NACE SP0285-2011, 2011; or

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

(9) Field-installed cathodic protection systems are designed by a corrosion expert.

(10) Impressed current systems are designed to allow determination of current operating status as required under paragraph 2.2(i)(3) of this Subpart.

(c) Piping and ancillary equipment must be secondarily contained in accordance with the following:

(1)Performance standards. The secondary containment for piping and ancillary equipment is able to:

(i) contain petroleum leaked from the primary containment until it is detected and remediated; and

(ii) prevent the release of petroleum.

(2) Piping is, at a minimum, double-walled and designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(i) UL 971, February 2006;

(ii) UL 971A, October 2006;

(iii) ULC-S660-08, 2008; or

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

(3)Overfill prevention. Except as specified under subparagraph (iv) of this paragraph, tanks must be equipped with overfill prevention equipment that meets the following requirements:

(i) Overfill prevention equipment must do one of the following:

(a) automatically shut off flow into the tank when the tank is no more than 95 percent full;

(b) alert the person responsible for transfer activities when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm (note: vent whistles cannot be used as high-level alarms);

(c) restrict flow 30 minutes prior to overfilling so that none of the fittings located on top of the tank are exposed to petroleum due to overfilling;

(d) alert the person responsible for transfer activities with a high-level alarm one minute before overfilling so that none of the fittings located on top of the tank are exposed to petroleum due to overfilling (note: vent whistles cannot be used as high-level alarms); or

(e) automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to petroleum due to overfilling.

(ii) The overfill prevention equipment must be appropriate for the type of delivery made to the UST system and all other tank system equipment installed.

(iii) Flow restrictors in vent lines may not be installed, and existing flow restrictors may not be repaired or replaced, to comply with the requirements of subparagraph (i) of this paragraph after October 13, 2015.

(iv) Overfill prevention equipment is not required if the UST system is filled by transfers of no more than 25 gallons at one time.

(4)Fill port catch basins. Except for UST systems filled by transfers of no more than 25 gallons at one time, UST systems must be equipped with a fill port catch basin at every fill port, that will prevent the release of petroleum when the transfer hose is detached from the fill pipe.

(5)Dispenser systems. UST systems must be equipped with under-dispenser containment for any new dispenser system that is installed.

(i) A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the UST system are installed at a facility. The equipment necessary to connect the dispenser to the UST system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are beneath the dispenser and connect the dispenser to the piping.

(ii) Under-dispenser containment must be liquid-tight on its sides, on the bottom, and at any penetrations. Under-dispenser containment must allow for visual inspection and access to the components within it or be continuously electronically monitored for leaks from the dispenser system.

(6)Valves. UST systems must be equipped with valves described in this paragraph as applicable.

(i)Shear valves. Dispensers of motor fuel under pressure from a remote pumping system must be equipped with a shear valve (i.e., impact valve). Category 1 and 2 valves must meet the standards set forth in NFPA 30A (1984 edition), section 4-3.6. Category 3 valves must meet the standards set forth in NFPA 30A (2012 edition), section 6.3.9.

(ii)Solenoid or anti-siphon valves. Piping and dispensers that are part of UST systems storing motor fuel and are at an elevation below the top of the tank, must be equipped with a device such as a solenoid valve that is positioned adjacent to and downstream from the operating valve. Category 1 and 2 valves must meet the standards set forth in NFPA 30A (1984 edition), section 2-1.7. Category 3 valves must meet the standards set forth in NFPA 30A (2012 edition), section 4.2.4.

(iii)Backflow check valves. Delivery piping associated with a pump-filled tank must be equipped with a properly functioning check valve or equivalent device that provides automatic protection against backflow. Check valves are required only when the arrangement of the delivery piping is such that backflow from the receiving tank is possible.

(iv)Operating valves. Connections on a tank through which petroleum can normally flow and that have the potential to drain the tank via gravity, must be equipped with an operating valve to control the flow. Operating valves must be installed as close as practicable to the tank connection.

(7)Compatibility. Tank system equipment must be either made of or lined with materials that are compatible with the petroleum stored in the UST system.

(c)Alternative requirements for UST systems with field-constructed tanks greater than 50,000 gallons. UST systems with field-constructed tanks with a design capacity greater than 50,000 gallons may meet the following alternative requirements in lieu of the equivalent provisions under subdivision 2.1(b) of this section:

(1)Tank requirements.

(i)Category 1 tank requirements. Category 1 tanks must have been properly designed and constructed of metal, and any portion in contact with the ground and routinely contains petroleum must have been protected from corrosion, in accordance with clauses (a) through (d) of this subparagraph by October 13, 2018.

(a) The cathodic protection system was designed, fabricated, and installed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(1) NACE SP0285-2011, 2011;

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

(b) Field-installed cathodic protection systems were designed by a corrosion expert; and

(c) Impressed current systems were designed to allow determination of current operating status as required under paragraph 2.2(i)(3) of this Subpart.

(d) Tanks greater than ten years old without cathodic protection were inspected and assessed to ensure that the tank was structurally sound and free of corrosion holes prior to installing the cathodic protection system. The assessment must have been performed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references):

(1) ASTM G158, 1998; or

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

(ii)Category 2 tank requirements. Category 2 tanks must have been properly designed and constructed of metal, and any portion in contact with the ground and routinely contains petroleum must have been protected from corrosion, in accordance with clauses (a) through (c) of this subparagraph by October 13, 2018. In addition, all tanks must have been secondarily contained in accordance with clause (b)(1)(ii)(e) of this section.

(1) NACE SP0285-2011, 2011;

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

(b) Field-installed cathodic protection systems were designed by a corrosion expert.

(c) impressed current systems were designed to allow determination of current operating status as required under paragraph 2.2(i)(3) of this Subpart.

(iii)Category 3 tank requirements. Category 3 tanks must be properly designed, constructed, and secondarily contained, and any portion in contact with the ground and routinely contains petroleum must be protected from corrosion, in accordance with subparagraph (b)(1)(iii) of this section. Tanks may also be designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references), in lieu of the codes of practice listed under clause (b)(1)(iii)(a), subclause (b)(1)(iii)(b)(1), or subclause (b)(1)(iii)(c)(1) of this section:

(a) DoD UFC 3-460-01, 2018; or

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

(2)Piping requirements. The requirements of this paragraph apply to all piping that are in contact with the ground and routinely contain petroleum.

(i)Category 1 piping requirements. Category 1 piping must have either been constructed of metal, properly designed, constructed, and protected from corrosion, in accordance with clauses (a) through (c) of this subparagraph by October 13, 2018, or removed.

(1) NACE SP0169-2013, 2013; or

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

(b) Field-installed cathodic protection systems were designed by a corrosion expert.

(c) Impressed current systems were designed to allow determination of current operating status as required under paragraph 2.2(i)(3) of this Subpart.

(ii)Category 2 piping requirements. Category 2 piping must have either been constructed of metal, properly designed, constructed, and protected from corrosion, in accordance with clauses (a) through (c) of this subparagraph by October 13, 2018, or removed.

(1) NACE SP0169-2013, 2013; or

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

(b) Field-installed cathodic protection systems were designed by a corrosion expert.

(c) Impressed current systems were designed to allow determination of current operating status as required under paragraph 2.2(i)(3) of this Subpart.

(iii)Category 3 piping requirements. Except as described in clauses (a) and (b) of this subparagraph, Category 3 piping must be properly designed, constructed, and secondarily contained, and any portion in contact with the ground and routinely contains petroleum must be protected from corrosion, in accordance with subparagraph (b)(2)(iii) of this section.

(a) Piping may be designed and constructed in accordance with one of the following codes of practice (refer to section 1.10 of this Part for complete citation of references), in lieu of the codes of practice listed under subclause (b)(2)(iii)(a)(3) or (b)(2)(iii)(b)(6) of this section:

(1) DoD UFC 3-460-01, 2018; or

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

(b) Piping is not required to meet the secondary containment requirements of clause (b)(2)(iii)(c) of this section.

(d)Requirements for partially excluded UST systems. Wastewater treatment tank systems whose installation commenced on or after May 8, 1985 must meet the following minimum requirements:

(1)Prevention of releases. UST systems must be designed and installed to prevent releases due to corrosion or structural failure until the UST system is permanently closed.

(2)Cathodic protection. UST systems must be protected against corrosion, constructed of either noncorrodible material or steel clad with a noncorrodible material, or designed in a manner to prevent a release.

(3)Compatibility. Tank system equipment must be either made of or lined with materials that are compatible with the petroleum stored in the UST system.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-2.1

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