N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-4.1

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

Section 613-4.1 - AST systems

(a)Applicability.

(1) The provisions of this Subpart apply to AST systems that are part of a facility except for AST systems that are subject to Subpart 5 of this Part.

(2)AST systems with field-constructed tanks with a design capacity greater than 50,000 gallons. AST 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 paragraph 4.3(d)(3) of this Subpart.

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

(1)Tank requirements.

(i)Category 1 tank requirements. Category 1 tanks must have been secondarily contained in accordance with clause (a) of this subparagraph.

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

(1)AST systems with tanks less than 10,000 gallons. Tanks with a design capacity less than 10,000 gallons and are in close proximity to sensitive receptors either utilized a design/technology such that a release is not reasonably expected to occur (e.g., overfills from the fill port, vent, and emergency vent; spills at the fill port from the delivery hose; leaks from valves, pumps, and other connections to the tank; flow from valves left open either by accident or by vandals; vehicular traffic that could contact the tank and cause it to rupture; flooding and flotation; fires around the tank that could cause the tank to weaken, rupture or overflow; vandalism) or had secondary containment that met the requirements of subclause (2) of this clause. 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.

(2)AST systems with tanks equal to or greater than 10,000 gallons. Tanks with a design capacity equal to or greater than 10,000 gallons had secondary containment that met the following requirements:

(i) The tank secondary containment is able to contain petroleum leaked from the primary containment until it is detected and remediated.

(ii) The tank secondary containment is able to prevent the release of petroleum.

(iii) Secondary containment consisted of a combination of dikes, under-tank liners, pads, ponds, impoundments, curbs, ditches, sumps, tanks used for emergency or overflow containment, or other equipment capable of containing the petroleum stored. Construction and capacity of the secondary containment must be in accordance with NFPA 30 (1984 edition), section 2-2.3 or NFPA 30 (2012 edition), section 22.11. For compartmented tanks, the capacity of the secondary containment must be based on the capacity of the largest compartment in the tank.

(iv) If soil was used as part of the secondary containment, the soil must be of such character that any spill into the secondary containment will be readily recoverable.

(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) or (b) of this subparagraph. In addition, all tanks must have been secondarily contained in accordance with clause (c) of this subparagraph.

(a) Tanks with a design capacity equal to or greater than 60 gallons must have met the following requirements:

(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 142, January 1985;

(ii) API Standard 620, September 1982 (revised April 1985);

(iii) API Standard 650, February 1984;

(iv) CAN4-S601-M84, 1984;

(v) CAN4-S630-M84, 1984; or

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

(2) The tank was constructed of steel and had a surface coating designed to prevent corrosion and deterioration.

(3) Any portion of the tank in contact with the ground was protected from corrosion.

(b) Tanks storing Class IIIB petroleum did not have to be constructed of steel if installed in areas that would not be exposed to a spill or leak of Class I or Class II petroleum (classes of petroleum are described in NFPA 30, 2012 edition). These tanks must instead have been designed and constructed in accordance with a code of practice listed under clause (iii)(b) of this paragraph.

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

(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.

(i) The tank secondary containment is able to contain petroleum leaked from the primary containment until it is detected and remediated.

(ii) The tank secondary containment is able to prevent the release of petroleum.

(iv) If soil was used as part of the secondary containment, the soil must be of such character that any spill into the secondary containment will be readily recoverable.

(3) Except for tanks that are entirely aboveground (e.g., a tank on a rack, cradle, or stilts), tanks were either underlain by an impermeable barrier or constructed with a double-bottom that meets the following:

(i) Impermeable barriers must:

(A) have a permeability rate to water equal to or less than 1x10^-6 cm/s;

(B) not deteriorate in an underground environment, in the presence of petroleum, or due to the structural stresses of the tank; and

(C) be capable of being monitored for leaks between the barrier and the tank bottom.

(ii) Double-bottom tanks must be capable of being monitored for leaks between the tank bottoms before petroleum reaches the environment.

(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) or (b) of this subparagraph. In addition, all tanks must be secondarily contained in accordance with clause (c) of this subparagraph.

(a) Tanks with a design capacity equal to or greater than 60 gallons must meet the following requirements:

(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 142, December 2006;

(ii) UL 80, September 2007;

(iii) API Standard 620, February 2008;

(iv) API Standard 650, March 2013;

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

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

(2) The tank is constructed of steel and has a surface coating designed to prevent corrosion and deterioration.

(3) Any portion of the tank in contact with the ground is protected from corrosion in accordance with API Standard 651 (January 2007).

(b) Tanks storing Class IIIB petroleum do not have to be constructed of steel if installed in areas that would not be exposed to a spill or leak of Class I or Class II petroleum (classes of petroleum are described in NFPA 30, 2012 edition). These tanks must instead 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 2258, 2010; or

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

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

(1)AST systems with tanks less than 10,000 gallons. Tanks with a design capacity less than 10,000 gallons and are in close proximity to sensitive receptors either utilize a design/technology such that a release is not reasonably expected to occur (e.g., overfills from the fill port, vent, and emergency vent; spills at the fill port from the delivery hose; leaks from valves, pumps, and other connections to the tank; flow from valves left open either by accident or by vandals; vehicular traffic that could contact the tank and cause it to rupture; flooding and flotation; fires around the tank that could cause the tank to weaken, rupture or overflow; vandalism with ballistics) or have secondary containment that meets the requirements of subclause (2) of this clause. 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.

(2)AST systems with tanks equal to or greater than 10,000 gallons. Tanks with a design capacity equal to or greater than 10,000 gallons have secondary containment that meets the following requirements:

(i) The tank secondary containment is able to contain petroleum leaked from the primary containment until it is detected and remediated.

(ii) The tank secondary containment is able to prevent the release of petroleum.

(iii) Secondary containment consists of a combination of dikes, under-tank liners, pads, ponds, impoundments, curbs, ditches, sumps, tanks used for emergency or overflow containment, or other equipment capable of containing the petroleum stored. Construction and capacity of the secondary containment must be in accordance with NFPA 30 (1984 edition), section 2-2.3 or NFPA 30 (2012 edition), section 22.11. For compartmented tanks, the capacity of the secondary containment must be based on the capacity of the largest compartment in the tank.

(iv) If soil is used as part of the secondary containment, the soil must be of such character that any spill into the secondary containment will be readily recoverable.

(3) Except for tanks that are entirely aboveground (e.g., a tank on a rack, cradle, or stilts), tanks are either underlain by an impermeable barrier or constructed with a double-bottom that meets the following:

(i) Impermeable barriers must:

(A) have a permeability rate to water equal to or less than 1x10^-6 cm/s;

(B) not deteriorate in an underground environment, in the presence of petroleum, or due to the structural stresses of the tank; and

(C) be capable of being monitored for leaks between the barrier and the tank bottom.

(ii) Double-bottom tanks must be capable of being monitored for leaks between the tank bottoms before petroleum reaches the environment.

(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. Reserved.

(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.

(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 4.2(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.

(iii)Category 3 piping 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.

(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 4.2(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 4.2(i)(3) of this Subpart.

(3)Overfill prevention. Tanks must be equipped with overfill prevention equipment that meets the following requirements:

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

(a) accurately show the level/volume of petroleum in the tank and be accessible to the person responsible for transfer activities, such that the level/volume of petroleum in the tank can be conveniently read from the fill port;

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

(c) 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);

(d) 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;

(e) 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

(f) 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 AST system and all other tank system equipment installed.

(4)Fill port catch basins. Reserved.

(5)Dispenser systems. Reserved.

(6)Valves. AST 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 AST 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. Where loading and unloading is done through a common pipe system, an operating valve accessible to the person responsible for transfer activities, may be used in place of a check valve.

(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 AST system.

(c)Alternative requirements for AST systems with field-constructed tanks greater than 50,000 gallons. AST 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 4.1(b) of this section:

(1)Tank requirements. Reserved.

(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.

(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 SP0169-2013, 2013;

(2) a code of practice developed by a nationally recognized associated 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 4.2(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;

(2) a code of practice developed by a nationally recognized associated 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 4.2(i)(3) of this Subpart.

(iii)Category 3 piping requirements. Category 3 piping 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 subparagraph (b)(2)(iii) of this section, but may alternatively 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:

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-4.1

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