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Part 614: Standards For New and Substantially Modified Petroleum Storage Facilities

(Statutory authority: Environmental Conservation Law, §§17-0303[3], 17-1001, et seq.)

[Effective 12/27/85]

[Amended 2/12/92]

[page 1 of 1]

Contents:

Sec.

§614.1 General

(a) Purpose. The purpose of this Part is to set forth standards for all new or substantially modified petroleum storage facilities for the protection of public health, welfare, and the lands and waters of the State.

(b) Applicability.

(1) Beginning one year from the effective date of these regulations, all new petroleum storage facilities or any addition, repair or replacement to an existing facility must be constructed, designed and installed pursuant to the provisions of this Part.

(2) This Part applies to all aboveground and underground facilities with a combined capacity of over eleven hundred (1,100) gallons, including all facilities registered under Part 612 of this Title. This Part also applies to those facilities licensed under Article 12 of the Navigation Law to the extent provided in Part 610 of this Title. This Part does not apply to oil production facilities and facilities regulated under the Federal Natural Gas Act.

(c) Definitions. The definitions found in section 612.1(c) of this Title shall apply in this Part.

(d) Severability. If any provisions of this Part or its application to any person or circumstance is held to be invalid, the remainder of this Part and the application of that provision to other persons or circumstances will not be affected.

(e) Variances. The Department may, upon written application from any person subject to this Part, grant a variance from one or more specific provisions of this Part. In granting a variance, the department may impose specific conditions necessary to assure that the variance will have no significant adverse impact on the environment or public health. An application for a variance must:

(1) identify the specific section or sections from which a variance is sought; and

(2) provide the Department with evidence including data, plans, specifications and test results that show the new or alternative designs, practices or methods protect the environment in a manner equal to or greater than the requirements of this Part.

(f) Access to records and facilities.

(1) Upon reasonable notice of the commissioner or his designee, the owner or operator must allow any designated officer or employee of the Department at all reasonable times to review and to copy any books, papers, documents and records relating to recordkeeping requirements and compliance with this Part.

(2)Any designated officer or employee of the Department may, at reasonable times and upon reasonable notice, enter and inspect a facility for compliance with this Part, provided that the officer or employee is accompanied by the owner, operator or their designee.

(g) Enforcement. Any person who violates any of the provisions of this Part, or any order issued by the commissioner, shall be liable for the civil, administrative and criminal penalties set forth in Article 71 of the Environmental Conservation Law.

(h) Referenced material. Citations used in this Part refer to the publications listed below. These publications are available for copying and inspection at the Department of Environmental Conservation, Division of Environmental Remediation, 50 Wolf Road, Albany, NY, 12233-3750.

(1) "UL No. 58" means Underwriters Laboratories, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, No. 58, April 10, 1981, Underwriters Laboratories, 333 Pfingsten Road, Northbrook, IL 60062.

(2) "UL No. 142" means Underwriters Laboratories, Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, No. 142, January 16, 1985, Underwriters Laboratories, 333 Pfingsten Road, Northbrook, IL 60062.

(3) "UL No. 1316" means Underwriters Laboratories, Standard for Glass-Fiber Reinforced Plastic Underground Tanks for Petroleum Products, No. 1316, July 1, 1983, Underwriters Laboratories, 333 Pfingsten Road, Northbrook, IL 60062.

(4) "ULC-S603" means Underwriters Laboratories of Canada, No. ULC-S603-M1981, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, 1981, Underwriters Laboratories of Canada, 7 Crouse Road, Scarborough, Ontario, Canada M1R3A9.

(5) "ULC-S603.1" means Underwriters Laboratories of Canada, No. ULC-S603.1-M1982, Standard for Galvanic Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids, 1982, Underwriters Laboratories of Canada, 7 Crouse Road, Scarborough, Ontario, Canada M1R3A9.

(6) "CAN4-S601-M84" means Underwriters Laboratories of Canada, No. CAN4-S601-M84, Standard for Shop Fabricated Steel Aboveground Horizontal Tanks for Flammable and Combustible Liquids, 1984, Underwriters Laboratories of Canada, 7 Crouse Road, Scarborough, Ontario, Canada M1R3A9.

(7) "CAN4-S630-M84" means Underwriters Laboratories of Canada, No. CAN4-S630-M84, Standard for Shop Fabricated Steel Aboveground Vertical Tanks for Flammable and Combustible Liquids, 1984, Underwriters Laboratories of Canada, 7 Crouse Road, Scarborough, Ontario, Canada M1R3A9.

(8) "ULC No. CAN4-S615-M83" means Underwriters Laboratories of Canada, No. CAN4-S615-M83, Standard for Reinforced Plastic Underground Tanks for Petroleum Products, 1983, Underwriters Laboratories of Canada, 7 Crouse Road, Scarborough, Ontario, Canada M1R3A9.

(9) "API Standard No. 620" means American Petroleum Institute, Standard No. 620, Recommended Rules For Design And Construction Of Large, Welded, Low Pressure Storage Tanks, April 1985, American Petroleum Institute, 1220 L Street NW, Washington, DC 20005.

(10) "API Standard No. 650" means American Petroleum Institute, Standard No. 650, Welded Steel Tanks for Oil Storage, February 1984, American Petroleum Institute, 1220 L Street NW, Washington, DC 20005.

(11) "API Publication No. 1632" means American Petroleum Institute, Publication No. 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, 1983, American Petroleum Institute, 1220 L Street NW, Washington, DC 20005.

(12) "Steel Tank Institute Standard No. sti-P3" means Specifications for sti-P3 System for Corrosion Protection of Underground Steel Storage Tanks, July 1983, Steel Tank Institute, 666 Dundee Road, Suite 705, Northbrook, IL 60062.

(13) "NACE Standard RP-01-69" means National Association of Corrosion Engineers, Recommended Practice--Control of External Corrosion on Underground or Submerged Metallic Piping Systems, RP-01-69 (January 1983 revision), National Association of Corrosion Engineers, Box 218340, Houston, TX 77218.

(14) "NFPA 30" means National Fire Protection Association, Flammable and Combustible Liquids Code, No. 30, July 5, 1984, NFPA, Batterymarch Park, Quincy, MA 02269, pages 30-17, 30-18, 30-20 and 30-21.

§614.2 General requirements

(a) New facilities--summary of requirements. Beginning one year from the effective date (December 27, 1985) of these regulations, all new underground storage facilities must meet the following requirements:

(1) Tanks must be made of fiberglass reinforced plastic, steel which is cathodically protected or steel which is clad with fiberglass as specified in section 614.3 of this Part.

(2) Secondary containment must be installed as specified in section 614.4 of this Part.

(3) A leak monitoring system must be installed as specified in section 614.5 of this Part.

(4) Underground pipes must be made of fiberglass reinforced plastic or cathodically protected iron or steel as specified in section 614.14 of this Part.

(5) Facilities must be installed as specified in section 614.7 of this Part.

(b) Substantially modified facilities--summary of requirements.

(1) If a new tank is added to a facility or an existing tank is replaced, the new tank must be installed as required for a new facility in subdivision (a) above.

(2) When an existing tank is reconditioned, it must be reconditioned as required in section 614.6 of this Part.

(c) Compliance with Part 613 . A new facility or a new tank must employ all practices and equipment for handling and storage of petroleum required in Part 613 of this Title before the new facility or tank is placed in service.

§614.3 New underground tanks

(a) Label requirements.

(1) All new underground tanks used in New York State must bear a permanent stencil, label or plate which contains the following information:

(i) manufacturer's statement that, "This tank conforms with 6 NYCRR Part 614";

(ii) the standard of design by which the tank was manufactured;

(iii) the petroleum products and percentages of volume of petroleum additives which may be stored permanently and compatibly within the tank or reference to a list available from the manufacturer which identifies products compatible with all tank materials;

(iv) the year in which the tank was manufactured;

(v) the dimensions, design and working capacity and model number of tank; and

(vi) the name of manufacturer.

(2) A second label which shows all of the information required above and which also shows the date of installation must be conspicuously displayed and permanently affixed to the fill port. It must be readily visible to the carrier and may be imbedded in concrete, welded to the fill port, or otherwise permanently affixed.

(b) Wear plates. All tanks must have a 10-gauge or thicker steel wear plate under each tank opening. Each plate must cover an area of at least 144 square inches and must be installed in a manner which avoids crevice corrosion.

(c) Pressure testing of new tanks. All new tanks, their welds, seams and connecting fittings must be factory-tested for tightness using standard engineering practices. All tanks sold for use in New York State must be guaranteed by the manufacturer to be tight.

(d) Fiberglass reinforced plastic tanks.

(1) All fiberglass reinforced plastic underground petroleum storage tanks must be designed and manufactured in accordance with one of the following standards:

(i) UL No. 1316; or

(ii) ULC No. CAN4-S615-M83 (see section 614.1(h) of this Part).

(2) Fiberglass reinforced plastic tanks must be of sufficient structural strength to withstand normal handling and underground use and must be chemically compatible with petroleum products, product additives and corrosive soils. Materials must be of sufficient density and strength to form a hard impermeable shell which will not crack, wick, wear, soften or separate under normal service conditions.

(e) Cathodically protected steel tanks.

(1) Cathodically protected steel tanks used for underground storage of petroleum must meet or exceed one of the following design and manufacturing standards:

(i) ULC-S603; or

(ii) UL No. 58 (see section 614.1(h) of this Part).

(2) In addition to the design and manufacturing standard in paragraph (1) of this subdivision, such steel tanks must be cathodically protected with sacrificial anodes or an impressed current system which is designed, fabricated and installed in accordance with one of the following standards:

(i) API Publication No. 1632;

(ii) ULC-S6O3.1;

(iii) Steel Tank Institute Standard No. sti-P3; or

(iv) NACE Standard RP-01-69 (see section 614.1(h) of this Part).

(3) The cathodic protection system must be designed to provide a minimum of 30 years of protection.

(4) A qualified engineer or corrosion specialist must supervise the installation of the cathodic protection system where this is necessary to assure that the system has been installed as designed.

(5) Each cathodic protection system must have a monitor which enables the owner or operator to check on the adequacy of cathodic protection.

(6) Tanks which are protected by sacrificial anodes must be electrically insulated from the piping system with di-electric fittings, bushings, washers, sleeves or gaskets which are chemically stable when exposed to petroleum, petroleum additives, or corrosive soils.

(7) In addition to the above, tanks must be factory-coated with coal tar-based epoxy or other coating which will provide equivalent protection and corrosion resistance. The coating must have a minimum finished thickness of 10 mils (0.01 inch) on the shell and 15 mils (0.015 inch) on the head. The coating must be electrically tested for short circuits or coating faults. Defects and any inadequacies in the coating must be repaired. The application of the coating must be in strict accordance with the instructions of the supplier of the coating material.

(f) Steel tanks clad with fiberglass reinforced plastic.

(1) Underground petroleum storage tanks constructed of steel clad with fiberglass reinforced plastic must meet or exceed one of the following design and manufacturing standards:

(i) ULC-S603; or

(ii) UL No. 58 (see section 614.1(h) of this Part).

(2) Tanks must be electrically insulated from the piping system with di-electric fittings, bushings, washers, sleeves or gaskets which are chemically stable when exposed to petroleum, petroleum additives, or corrosive soils.

(3) Tanks must have an exterior fiberglass reinforced plastic shell bonded firmly to the steel. This must consist of a base coat of resin five to eight mils (0.005 to 0.008 inch) in thickness overlayed 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 be applied to a thickness of 10 to 15 mils (0.01 to 0.015 inch). The thickness of the completed coating must be a minimum of 100 mils (0.1 inch) after curing. The coating's coefficient of thermal expansion must be 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 be 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 must be chemically compatible with petroleum products and product additives.

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

(g) Double-walled tanks.

(1) Any of the tanks allowed in subdivisions (d)-(f) of this section may be fabricated in double-walled construction in accordance with acceptable engineering practices.

(2) A double-walled tank which is designed and manufactured in accordance with all of the following standards also satisfies the requirements for secondary containment and leak monitoring set forth in sections 614.4 and 614.5 of this Part:

(i) the interstitial space of the double-walled tank can be monitored for tightness;

(ii) outer jackets made of steel must have a minimum thickness of 10-gauge and be coated as prescribed in subdivision (e) or (f) of this section;

(iii) there are no penetrations of any kind through the jacket to the tank except top entry manholes and fittings required for filling the tank, venting the tank, or monitoring the interstitial space;

(iv) the outer jacket must cover at least the bottom 80 percent of the tank; and

(v) the jacket must be 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.

§614.4 Minimum standards for secondary containment for underground storage tanks

(a) General requirements. All new underground petroleum storage tanks must have a secondary containment system which collects and contains a leak. This must consist of one of the following:

(1) a double-walled tank;

(2) a vault;

(3) cut-off walls; or

(4) an impervious underlayment.

(b) Standards for secondary containment.

(1) Double-walled tanks. If the secondary containment system consists of a double-walled tank, the tank must be constructed in accordance with section 614.3(g) of this Part and must have a monitoring system in accordance with section 614.5(b) of this Part.

(2) Vaults. If a vault is used for secondary containment, the vault must be water tight, impervious to leakage of petroleum 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 that there may be top entry manholes and other top openings for filling and emptying the tank, venting and for monitoring and pumping of petroleum which may leak into the vault. The tank or tanks within the vault must be encased or bedded in a manner consistent with acceptable engineering practices.

(3) Cut-off walls.

(i) Cut-off walls may be used where groundwater levels are above the bottom of the tank excavation.

(ii) A cut-off wall must consist of an impermeable barrier which has a permeability rate to water equal to or less than 1 x 10-6 cm/sec. It must not deteriorate in an underground environment and in the presence of petroleum.

(iii) A cut-off wall must extend around the perimeter of the excavation and to an elevation below the lowest groundwater level.

(iv) If a synthetic membrane is used for a cut-off wall, any seams, punctures or tears in the membrane must be repaired and made leak tight prior to backfilling. No penetrations of the cut-off wall are allowed.

(v) Impervious native soil may serve as a cut-off wall when the impervious soil is continuous and is of sufficient depth, thickness and extent to contain a leak. The soil must have a permeability rate to water equal to or less than 1 x 10-6 cm/sec.

(vi) Anchoring or weighting to resist buoyancy forces is required where groundwater or floods may affect the tank.

(4) Impervious underlayment.

(i) An impervious underlayment may be used under a tank at sites where groundwater levels are below the bottom of the excavation and where soils are well drained. This underlayment must have a permeability rate to water equal to or less than 1 x 10-6 cm/sec and must not deteriorate in an underground environment and in the presence of petroleum. The underlayment may consist of impervious native soils, an impervious concrete pad, synthetic membrane or any equivalent material. If a synthetic membrane is used, any seams, punctures or tears must be repaired prior to backfilling.

(ii) The underlayment must extend at least one foot beyond the sides and ends of the tank and must have a slope to the sump of at least 1/4 inch per foot. An observation well as required in section 614.5(d) of this Part must be positioned in the sump and extend to the surface of the excavation for the purpose of sampling for leakage and pumping out water or product which may accumulate.

(iii) Surface waters must be drained from the site using good engineering practices. This may include capping the site with asphalt, concrete or other impervious cover which is sloped to drainways leading away from the storage tanks.

§614.5 Monitoring at new underground storage tanks

(a) General requirement. All new tanks must have one of the following leak monitoring systems:

(1) a double-walled tank with monitoring of the interstitial (annular) space;

(2) an in-tank monitoring system; or

(3) an observation well or wells.

(b) Monitoring of double-walled tanks. If a double-walled tank is used, the interstitial space must be monitored for tightness using pressure monitoring, vacuum monitoring, electronic monitoring, manual sampling once per week or an equivalent method.

(c) In-tank monitoring systems. If an in-tank monitoring system is used, it must consist of in-tank equipment which provides continuous monitoring of any leakage from the tank of two tenths of a gallon per hour or larger.

(d) Observation wells.

(1) If an observation (monitoring) well or series of wells are used, they must consist of slotted or screened wells at least four inches in diameter. The well must be installed down-gradient in the groundwater or at a sump within the secondary containment system and to an elevation at least 24 inches below the bottom of the tank. The well must be installed within the backfill surrounding the tank. At least one well is required at each facility. The well must be monitored for traces of petroleum at least once per week as required in section 613.5(b)(3) of this Title.

(2) An observation well may be used as a vapor or odor well if the site is uncontaminated. If the well becomes contaminated with petroleum, it must either be purged free of odors or monitored for petroleum contamination through another method capable of detecting 1/64 of an inch of petroleum floating on the water surface or other method acceptable to the Department.

(3) Wells must be protected from damage if located in a traffic area.

(4) Wells must be sealed or capped so as to preclude liquid from entering the well from the surface and clearly marked as monitoring wells to prevent accidental delivery of product.

§614.6 Minimum standards for reconditioning an underground steel tank

(a) Manufacturer's guarantee. An underground steel tank may be reconditioned by installing an interior coating (lining) under the direction of the lining manufacturer or a certified representative. The manufacturer or representative must guarantee to the owner in writing that the coating will not fail, crack, separate or deteriorate and the tank will not leak the product specified in storage for a period of 10 years. A copy of the guarantee must be kept by the owner for the life of the tank.

(b) Structural requirements.

(1) A steel tank may be lined with a coating only if it meets the following structural conditions:

(i) it has a design shell thickness of seven gauge or more;

(ii) the tank has a minimum metal thickness of 1/8 inch at holes after reaming;

(iii) the tank has no open seam or split;

(iv) the tank has less than 10 holes with none larger than 1/2 inch in diameter; and

(v) the tank meets all standards for structural soundness of the lining manufacturer.

(2) A tank which fails to meet all of the requirements of paragraph (1) of this subdivision must be permanently closed.

(3) To determine adherence to the requirements of paragraph (1) of this subdivision, the entire interior surface of the tank must be tapped with a ballpeen hammer for soundness or inspected using other equivalent or superior nondestructive methods. Weak areas, holes and seams must be ballpeen hammered (before and after sandblasting) to obtain structurally sound edges. Holes and seams must be reamed until the edges of the opening are a minimum of 1/8 inch thick.

(c) Preparation of tank interior.

(1) Cleaning of tank prior to repair. Prior to repair, a tank must be cleaned in accordance with generally accepted practices. Wash water must not be discharged to the lands or waters of the State if the discharge would contravene the standards of Part 701, 702 or 703 of this Title.

(2) Sludge removal. Sludge accumulation on the bottom of the tank must be removed, transported and disposed of in a manner consistent with all State and Federal requirements for solid waste disposal.

(3) Sandblasting of internal surfaces. The entire internal tank surface must be sandblasted completely free of scale, rust and foreign matter. Following sandblasting, the entire surface must be brushed and vacuumed such that the surface when viewed without magnification is free of all moisture and foreign matter.

(4) Plugging of perforations. All perforations must be tightly plugged with boiler plugs or screws made of noncorrodible plastic. Boiler plugs or screws must be covered with a laminate of resin and fiberglass cloth which overlaps all sides of the plug with a minimum of 6 inches and has a minimum area of 144 square inches.

(d) Installation of striker plates. Prior to applying the coating material, a 10-gauge steel plate which covers a minimum of 144 square inches must be installed and centered under the fill tube and gauging tube. The plate must be bonded to the interior surface of the tank.

(e) Coating (lining) specifications.

(1) Any noncorrodible epoxy based resins, isophthalic polyester-based resins or equivalent coating may be used for reconditioning a steel tank if the coating is of sufficient thickness, density and strength to form a hard impermeable shell which will not leak, crack, wear, soften or separate from the interior surface of the tank.

(2) The coating when applied to properly prepared steel as required in paragraph (c)(3) of this section must maintain a permanent bond to the tank.

(3) The coating's coefficient of thermal expansion must be compatible with steel so that stress due to temperature changes will not be detrimental to the soundness of the coating.

(4) The coating must be chemically compatible with petroleum products and product additives.

(f) Application of coating.

(1) The coating must be applied and cured in strict accordance with manufacturer's specifications.

(2) The coating must be applied as soon as possible but not later than eight hours after sandblasting and cleaning of the internal surface. Visible rust, moisture or foreign material must not be present.

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

(h) Tank closings.

(1) If the tank has a manway, the manway cover gasket must be replaced with a new one before resealing.

(2) If the tank does not have a manway and an opening has been cut, the tank must have a manway properly welded in place prior to beginning work or the tank must be sealed as follows:

(i) A 1/4-inch thick steel cover plate, rolled to the contour of the tank exterior must be made to overlap the hole at least two inches on each side (e.g., should measure at least 26" x 26" if the opening was cut 22" x 22").

(ii) The cover must be used as a template to locate 3/4-inch diameter holes on five-inch centers, one inch from the edge of the cover.

(iii) The cover plate must be sandblasted and both sides and the entire inside surface of the plate must be covered with coating material to act as a gasket.

(iv) Before the coating on the cover cures, the cover must be fastened to the tank using 1/2-inch minimum diameter bolts. The bolt shafts are to be placed through the holes from the inside of the tank and held in place by spring clips, then fastened with lock washers and nuts which have been dipped in a seam sealer.

(v) After being bolted to the tank, the cover plate and surrounding tank surface must be properly sandblasted, coated with coating material and allowed to cure before backfilling the hole.

(i) Tank tightness testing. Following closure of the tank and before backfilling, the relined tank must be given a tightness test and a test report must be sent to the department.

§614.7 Installation of underground facilities

(a) Application of New York State Uniform Fire Prevention and Building Code. Underground tanks must be installed in a manner consistent with the following sections of the New York State Uniform Fire Prevention and Building Code and the NFPA No. 30:

(1) New York State Uniform Fire Prevention and Building Code, 9 NYCRR 1002.2 and 1002.5; and

(2) NFPA No. 30, sections 2-3.1, 2-3.2, 2-5.6.1, 2-5.6.3, 2-5.6.4, 2-5.6.5 and 2-7 (see subdivision 614.1(h)).

(b) Manufacturer's instructions. In addition to the above requirements, all tanks must be installed in strict accordance with manufacturer's instructions. This includes repair of any damage to the tank coatings prior to backfilling.

(c) Notification of code enforcement official.

(1) Any person installing a new storage facility or substantially modifying a facility must apply to the authority responsible for enforcement of the Uniform Fire Prevention and Building Code for any building permit required by such authority prior to commencement of installation.

(2) In addition, any person installing a new storage facility or substantially modifying a facility must give at least 24 hours' notice to the local building or fire code enforcement official prior to commencement of excavation, testing for tightness and backfilling. The building or fire code enforcement official shall also be given a copy of the permanent facility registration certificate as issued by the department under section 612.2 of this Title. If a permanent certificate has not been issued, a copy of the temporary certificate shall be supplied to the enforcement official in its place.

(d) Installation plans. The owner must maintain an accurate drawing or as-built plans which show the size and location of any new underground tank and piping system. These plans must include a statement by the installer that the system has been installed in compliance with the New York State Standards for New and Substantially Modified Petroleum Storage Facilities, 6 NYCRR Part 614.

§614.8 General requirements

(a) New facilities--summary of requirements. Beginning one year from the effective date of these regulations, all new aboveground petroleum storage facilities must meet the following requirements:

(1) tanks must be made of steel and otherwise be installed and constructed as further specified in section 614.9 of this Part;

(2) tanks must be underlain by impermeable barriers as further specified in section 614.10 of this Part;

(3) a leak monitoring system must be used as specified in section 614.11 of this Part; and

(4) facilities must be installed in accordance with section 614.13 of this Part.

(b) Substantially modified facility. When a new tank is added to a facility or an existing tank is replaced, the new tank must be constructed as required for a new facility. When a tank is repaired or reconditioned, it must be repaired or reconditioned as required in section 614.12 of this Part.

(c) Compliance with Part 613. A new facility or a new tank must employ all practices and equipment for handling and storage of petroleum required in Part 613 of this Title before the new facility or new tank is placed in service.

§614.9 New aboveground tanks

(a) Design and construction standards.

(1) New aboveground petroleum storage tanks must be constructed of steel and meet or exceed one of the following design and manufacturing standards:

(i) UL No.142;

(ii) UL No.58;

(iii) API Standard No. 650;

(iv) API Standard No. 620;

(v) CAN4-S601-M84; or

(vi) CAN4-S630-M84 (see subdivision 614.1(h)).

(2) Any aboveground petroleum storage tank which does not comply with the above requirements such as a riveted or bolted steel tank, a tank constructed of wood, concrete, aluminum or fiberglass reinforced plastic, may not be installed unless approved under section 614.1(e) of this Part.

(b) Cathodic protection for tank bottoms.

(1) Bottoms of new tanks which rest on or in the ground must be cathodically protected with sacrificial anodes or an impressed current system which is designed, fabricated and installed in accordance with recognized engineering practices.

(2) The cathodic protection system must be designed to provide a minimum of 30 years of protection.

(3) A qualified engineer or corrosion specialist must supervise the installation of the cathodic protection system where this is necessary to assure that the system has been installed as designed.

(4) Each cathodic protection system must have a monitor which enables the owner or operator to check on the adequacy of cathodic protection.

(c) Painting of exterior tank surfaces. The exterior surfaces of all new aboveground storage tanks must be protected by a primer coat, a bond coat and two or more final coats of paint, or have an equivalent surface coating system designed to prevent corrosion and deterioration.

§614.10 Impermeable barriers under tank bottoms

Any new stationary tank which is designed to rest on the ground must be constructed with a double bottom or underlain by an impervious barrier such as a concrete pad or a cut-off barrier. If a barrier is used, it must have a permeability rate to water equal to or less than 1 x 10-6 cm/sec and must not deteriorate in an underground environment or in the presence of petroleum.

§614.11 Monitoring systems for new aboveground tanks

All new aboveground tanks must have equipment for monitoring between the tank bottom and the impermeable barrier required in section 614.10 of this Part. This includes, but is not limited to, perforated gravity collection pipes or channels in a concrete foundation pad which may be monitored for the presence of petroleum visually, electronically or by other satisfactory methods. Observation wells or other systems which monitor the soil or groundwater beneath the impermeable barrier do not satisfy the leak detection requirements of this section.

§614.12 Repairing and reconditioning of aboveground storage tanks

(a) Permanent repairs.

(1) All repairs must be permanent in nature and equal to or better than the standards of original construction. Such repairs must consist of:

(i) steel welds or steel patches which are welded in place in accordance with accepted practices; or

(ii) practices set forth for reconditioning of underground tanks, as described in section 614.6 of this Part.

(2) All welds associated with the repair of a tank must be inspected and tested for tightness before the tank is returned to service.

(3) Linings, coatings, grouts and other sealing materials which are chemically compatible with the petroleum product being stored may be used in conjunction with a permanent steel tank repair as outlined above, but by themselves are not acceptable permanent repairs.

(b) Cleaning of tank prior to repair.

(1) Prior to repair, a tank must be cleaned in accordance with generally accepted practices. Wash water must not be discharged to the waters of the State if the discharge would contravene the standards of Part 701, 702 or 703 of this Title.

(2) Sludge which has accumulated on the bottom of the tank must be removed, transported and disposed of in a manner consistent with all applicable State and Federal requirements for solid waste disposal.

(c) Coating (lining) specifications.

(1) Any noncorrodible epoxy-based resins, isophthalic polyester-based resins or equivalent coating which is bonded firmly to the interior surfaces may be used as a coating to protect a tank from future corrosion.

(2) The coating must be applied as soon as possible, but not later than eight hours after sandblasting and cleaning of the internal surface. Visible rust, moisture or foreign matter must not be present.

(3) The coating must be of sufficient thickness, density and strength to form a hard impermeable shell which will not crack, soften or separate from the interior surface of the tank. The coating when applied to properly prepared steel must maintain a permanent bond to the tank.

(4) The coating's coefficient of thermal expansion must be compatible with steel so that stress due to temperature changes will not be detrimental to the soundness of the coating.

(5) The coating must be chemically compatible with petroleum products and product additives.

(6) The coating material must be applied and cured in strict accord with manufacturer's specifications.

(7) Coatings used to protect the bottom of a tank must extend up the side of the tank a minimum of 18 inches.

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

(e) Manufacturer's guarantee. An interior coating must be installed under the direction of the lining manufacturer or a certified representative. The manufacturer or representative must guarantee to the owner in writing that the coating will not leak the product specified in storage and the lining will not deteriorate in any way for a period of 10 years. A copy of the guarantee must be kept by the owner for the life of the tank.

§614.13 Installation of aboveground facilities

(a) Application of New York State Uniform Fire Prevention and Building Code. Aboveground tanks and appurtenances must be installed in a manner consistent with the following sections of the New York State Uniform Fire Prevention and Building Code and NFPA No. 30:

(1) New York State Uniform Fire Prevention and Building Code, 9 NYCRR, sections 1002 and 1171.2; and

(2) NFPA No. 30, sections 2-5.1, 2-5.2, 2-5.3, 2-5.4 and 2-5.5 (see section 614.1(h) of this Part).

(b) Foundation design. New aboveground tanks must be supported on a well-drained stable foundation which prevents movement, rolling or settling of the tank and is designed to minimize corrosion of the tank bottom.

(c) Avoiding traffic hazards. New aboveground tanks, pipes and distribution equipment must not be located along highway curves or otherwise exposed to traffic hazards.

(d) Testing of new tanks. Before being placed in service, all new tanks must be tested for tightness and inspected in accordance with requirements outlined in API Standard No. 650 (see section 614.1(h) of this Part). If a pneumatic test is used, all fittings, welds and joints must be coated with a soap solution and inspected for air leaks.

(e) Notification of code enforcement official.

(1) Any person installing an aboveground tank must apply to the authority responsible for enforcement of the Uniform Fire Prevention and Building Code for any building permit required by such authority prior to commencement of installation.

(2) In addition, any person installing an aboveground tank must give at least 24-hour notice to the local building or fire code enforcement official prior to commencement of installation. The local code enforcement official must also be given a copy of the permanent facility registration certificate as issued by the department pursuant to section 612.2 of this Title. If a permanent certificate has not been issued, a copy of the temporary certificate shall be supplied to the enforcement officer in its place.

§614.14 Requirements for new underground piping systems

(a) General requirement. All new underground piping systems, including fittings and connections must be made of steel or iron which is cathodically protected, fiberglass reinforced plastic or other equivalent noncorrodible material.

(b) Cathodic protection for steel/iron pipe. If piping systems are made of steel or iron, they must meet all of the following requirements for cathodic protection:

(1) The cathodic protection system must be designed, fabricated and installed in accordance with recognized standards and engineering practices.

(2) Cathodic protection system must provide a minimum of 30 years of protection in highly corrosive soils.

(3) Cathodic protection must be provided by the use of one or a combination of the following:

(i) galvanic coatings;

(ii) sacrificial anodes; or

(iii) impressed current.

(4) Where sacrificial anodes or impressed current systems are used, monitors to check on the adequacy of the system must be installed and kept in proper working condition. If at any time the monitor shows that the electrical current necessary to prevent corrosion is not being maintained, the system must be restored or the piping system will be considered unprotected and must be tested for tightness in accordance with section 613.5(a) of this Title.

(5) Except where cathodic protection is provided by impressed current, underground piping systems must have dielectric bushings, washers, sleeves or gaskets installed at the end to electrically isolate the piping system from the tank and the dispenser. These dielectric connectors must be chemically compatible when exposed to petroleum, petroleum additives and corrosive soils.

(c) Fiberglass reinforced plastic pipes. If fiberglass reinforced plastic pipes are used, the materials, joints and joint adhesives must be chemically compatible with petroleum, petroleum additives and soil environments.

(d) Fabrication and material standards. Pipes, fittings and adhesives must be designed, fabricated and factory-tested in accordance with generally accepted structural, material and performance standards for pressurized underground piping systems.

(e) Access ports. All new underground piping systems must be designed, constructed and installed with access ports to permit tightness testing without the need for extensive excavation.

(f) Installation.

(1) All underground piping systems must be installed in accordance with recognized engineering practices. All joints must be liquid and air tight.

(2) All piping systems must be tested for tightness before being covered, enclosed or placed in use.

(g) Other system requirements.

(1) Overfill prevention equipment must be used on all new underground storage tank fill systems.

(2) Systems with a float vent valve must be installed with an extractable tee and may only be used on tanks that are limited to gravity fill.

(3) Any new underground piping systems employing a remote pumping system for dispensing motor fuel must be equipped with a leak detector (leak monitoring system) capable of detecting pressure loss or product loss on the discharge side of the pump. A remote pump is any pump separated from the dispenser and which has the discharge line(s) operating under pressure.

(4) New underground piping systems employing a suction pump must not be equipped with more than one check valve.