N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-2.6

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

Section 613-2.6 - Out-of-service UST systems and closure

(a)Out-of-service UST systems.

(1) A UST system is out of service if:

(i) the facility owner (or their authorized representative) takes the tank system out of service by submitting an application to the Department, in accordance with subparagraph 1.9(c)(4)(ii) of this Part, indicating that the tank system is out of service; or

(ii) the tank system is no longer receiving or dispensing petroleum. Within 30 days after the tank system no longer receives or dispenses petroleum, the facility owner (or their authorized representative) must submit an application to the Department, in accordance with subparagraph 1.9(c)(4)(ii) of this Part, indicating that the tank system is out of service.

(2) Out-of-service UST systems are still subject to all applicable requirements of this Part, with the exception of periodic equipment testing/monitoring/inspections, walkthrough inspections, and leak detection required under subdivisions 2.2(e) through (h), and 2.3(a) and (b) of this Subpart, respectively, if the UST system is empty. (A UST system is considered empty when all petroleum has been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue remain in the UST system.)

(i) The suspended requirements of subdivisions 2.2(e) through (h), and 2.3(a) and (b) of this Subpart must resume in accordance with the original schedule when the UST system is returned to service. However, if the UST system has been out of service such that any of the next periodic testing/monitoring/inspections was not conducted in accordance with the original schedule, the testing/monitoring/inspection must be performed when the UST system is returned to service.

(ii) For UST systems taken out of service due to repairs (in response to a leak), the repair and subsequent testing requirements of subparagraph 2.2(j) of this Subpart must be successfully completed before the UST system is returned to service.

(3) When a UST system is out of service for more than 90 days, or has not received or dispensed petroleum in a 90-day period, the following must also be performed:

(i) empty the tank so that no more than 2.5 centimeters (one inch) of residue remains;

(ii) leave vent lines open and functioning; and

(iii) cap and secure all piping, fill ports, gauge openings, vapor returns, pump connections, ancillary equipment, and manways.

(4) When a UST system is out of service for more than 12 months, or has not received or dispensed petroleum in a 12-month period, the UST system must be permanently closed in accordance with subdivisions (b) through (e) of this section.

(b)Permanent closure.

(1) At least 30 days before permanent closure, the facility owner (or their authorized representative) must notify the Department of this action, unless such action is in response to corrective action in accordance with Subpart 7 of this Part.

(2) Within 30 days after permanent closure, the facility owner (or their authorized representative) must submit an application to the Department, in accordance with subparagraph 1.9(c)(7)(ii) of this Part, indicating that the UST system has been permanently closed.

(3) The required assessment of the excavation zone under subdivision (c) of this section must be performed after notifying the Department in accordance with paragraph (1) of this subdivision but before completion of the permanent closure. The resultant report must be submitted to the Department within 90 days after permanent closure in accordance with paragraph (e)(2) of this section.

(4) All scheduled deliveries to UST systems that have undergone permanent closure, must be terminated.

(5)Methods of permanent closure.

(i) To perform a tank removal, all liquids and accumulated sludge must be removed from the tank system prior to removing the tank from the ground. All lines (including delivery piping) must be either disconnected and removed, or securely capped or plugged. One of the following codes of practice (refer to section 1.10 of this Part for complete citation of references) must be adhered to in order to comply with this paragraph:

(a) API RP 1604, March 1996;

(b) PEI RP 1700, 2018 edition; or

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

(ii) To perform an in-place closure, all liquids, accumulated sludge, and petroleum vapors must be removed from the tank system prior to filling the tank with an inert solid material (e.g., sand or concrete slurry). All voids within the tank must be filled. All lines (including delivery piping) must be either disconnected and removed, or securely capped or plugged, and all manways must be securely fastened in place. Tanks that will have a new tank installed within them need not be filled with an inert solid material, but the remaining requirements of this subparagraph and those of subdivisions (c) through (e) of this section must be met. One of the following codes of practice (refer to section 1.10 of this Part for complete citation of references) must be adhered to in order to comply with this paragraph:

(a) API RP 1604, March 1996;

(b) PEI RP 1700, 2018 edition; or

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

(iii) To perform a change-in-service, all liquids, accumulated sludge, and petroleum vapors must be removed from the tank system prior to changing the stored substance. One of the following codes of practice (refer to section 1.10 of this Part for complete citation of references) must be adhered to in order to comply with this paragraph:

(a) API RP 1604, March 1996;

(b) API RP 2015, August 2001;

(c) API RP 2016, August 2001;

(d) NFPA 326, 2010 edition;

(e) PEI RP 1700, 2018 edition; or

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

(6) UST systems that have been permanently closed may not be returned to service unless all components of the UST system meet applicable requirements for the latest Category.

(c)Assessing the site at closure.

(1) Before permanent closure is completed, the facility must measure for the presence of a release where contamination is most likely to be present at the UST system location. In selecting sample types, sample locations, and measurement methods, the following must also be considered: method of closure; the petroleum stored; the type of backfill; depth to groundwater; and other factors appropriate for identifying the presence of a release. The requirements of this subdivision are satisfied if:

(i) at the time of permanent closure, there is no physical evidence (i.e., contaminated soils, contaminated groundwater, or petroleum as a liquid or vapor) that a release has occurred around the UST system;

(ii) the UST system was being monitored for leaks at weekly intervals using one of the methods listed under paragraphs 2.3(c)(5) and (6) of this Subpart at the time of permanent closure; and

(iii) the leak detection method listed under paragraph 2.3(c)(5) or (6) of this Subpart indicate that no release has occurred.

(2) If contaminated soils, contaminated groundwater, or petroleum as a liquid or vapor is discovered, corrective action must begin in accordance with Subpart 7 of this Part.

(d) For any UST system that has been out of service since December 27, 1986 and which has not been properly permanently closed in accordance with this section or in accordance with prior Department regulations governing UST system closure, the UST system must be permanently closed and the excavation zone assessed for releases, in accordance with this section.

(e)Recordkeeping. Records required by this section must be retained for three years after permanent closure, or until the facility has been permanently closed, whichever is later. Copies of these records must consist of the following:

(1) a report detailing that the tank was permanently closed in accordance with subparagraph (b)(5)(i), (ii), or (iii) of this section (and which must be submitted to the Department within 30 days after permanent closure); and

(2) a report detailing the required site assessment in accordance with subdivision (c) of this section (and which must be submitted to the Department within 90 days after permanent closure).

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-2.6

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