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Part 613: Handling and Storage Of Petroleum

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

[Effective 12/27/85]

[Amended 2/12/92]

Contents:

Sec.

§613.1 General

(a) Purpose. The purpose of this Part is to set forth regulations for the handling and storage of petroleum in order to protect the public health, welfare and the lands and waters of the State.

(b) Applicability. This Part applies to all aboveground and underground petroleum storage facilities with a combined storage 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. This Part does not apply to oil production facilities and facilities regulated under the Federal Natural Gas Act.

(c) Definitions. The definitions found in subdivision 612.1(c) of this Title shall apply to 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) 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.

(f) 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.

(g) Referenced materials. 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 Water, 50 Wolf Road, Albany, New York.

(1) "NFPA No. 30" means National Fire Protection Association, Flammable and Combustible Liquids Code, No. 30 July 5, 1984, NFPA, Batterymarch Park, Quincy, Massachusetts, 02269. Pages 30-14, 30-15, 30-17, 30-20,30-21.

(2) "NFPA No. 30A" means National Fire Protection Association, Authomotive and Marine Service Station Code, No. 30A, July 5, 1984, NFPA, Batterymarch Park, Quincy, Massachusetts, 02269. Pages 30A-7 and 30A-8.

§613.2 Bulk storage in flood plains

Any facility in a flood plain as defined in Part 500 of this Title must be safeguarded against buoyancy and lateral movement by flood waters in accordance with operating standards set forth in NFPA No. 30, section 2-5.6 (see subdivision 613.1(g)), and in accordance with State and local flood plain regulations. If such safeguards include ballasting of tanks with water during flood warning periods, tank valves and other openings must be closed and secured in a locked position in advance of the flood. Ballast water removed from the tank after the flood must not be discharged to the waters of the State if the discharge would contravene the standards of Parts 701, 702 or 703 of this Title.

§613.3 Overfill prevention and secondary containment systems

(a) Responsibility for transfer. The operator, when on the premises or when in control of a petroleum transfer, shall be responsible for transfer activities. If the operator is not on the premises or not in control of a petroleum transfer, the carrier will be responsible for transfer activities. The operator or carrier must employ practices for preventing transfer spills and accidental discharges. Prior to the transfer, the operator or carrier must determine that the receiving tank has available capacity to receive the volume of petroleum to be transferred. The operator or carrier must monitor every aspect of the delivery and must take immediate action to stop the flow of petroleum when the working capacity of the tank has been reached or should an equipment failure or emergency occur.

(b) Color coding of fill ports.

(1) Beginning five (5) years from the effective date of these regulations, the owner or operator must permanently mark all fill ports to identify the product inside the tank. These markings must be consistent with the color and symbol code of the American Petroleum Institute which follows.

(2) The colors to be used are:

(i) High gasoline Red
(ii) Middle gasoline Blue
(iii) Lower gasoline White
(iv) High unleaded gasoline Red w/white cross
(v) Middle unleaded gasoline Blue w/white cross
(vi) Lower unleaded gasoline White w/black cross
(vii) Vapor recovery Orange
(viii) Diesel Yellow
(ix) #1 fuel oil Purple w/yellow bar
(x) #2 fuel oil Green
(xi) Kerosene Brown

(3) The symbols to be used are:

(i) a circle for gasoline products and vapor recovery lines;

(ii) hexagon for other distillates; and

(iii) a border must be painted around fuel products containing extenders such as alcohol. The border will be black around a white symbol and white around all other colors.

(4) Monitoring wells must be permanently marked and identified as a "monitoring well".

(c) Requirements for valves, gauges and secondary containment systems. Within five (5) years of the effective date of these regulations, the owner must install the following.

(1) Shutoff valves for remote pumping units at motor fuel dispensers. All dispensers of motor fuel under pressure from a remote pumping system must be equipped with a shear valve (impact valve) which is located in the supply line at the inlet of the dispenser. This valve must be designed to close automatically in the event that the dispenser is accidentally dislodged from the inlet pipe. A valve meeting the standards set forth in NFPA No. 30A, section 4-3.6 (see subdivision 613.1(g)) meets the requirements of this subdivision.

(2) Shutoff valves for gravity-fed motor fuel dispensers. All tanks which cause a gravity head on a dispenser of motor fuels must be equipped with a device such a a solenoid valve which is positioned adjacent to and downstream from the operating valve required in paragraph 613.3(c)(5). The valve must be installed and adjusted so that liquid cannot flow by gravity from the tank in case of piping or dispenser hose failure. A valve meeting the standards set forth in NFPA 30A, section 2-1.7 (see subdivision 613.1(g)) meets the requirements of this subdivision.

(3) Gauges for aboveground storage tanks

(i) All aboveground petroleum tanks must be equipped with a gauge which accurately shows the level of product in the tank. The gauge must be accessible to the carrier and be installed so it can be conveniently read.

(ii) The design capacity, working capacity and identification number of the tank must be clearly marked on the tank and at the gauge.

(iii) A high level warning alarm, a high level liquid pump cutoff controller or equivalent device may be used in lieu of the gauge required above.

(4) Check valve for pump-filled tanks. All fill pipes leading to a pump-filled petroleum tank must be equipped with a properly functioning check valve or equivalent device which provides automatic protection against backflow. A check valve is required only when the piping arrangement of the fill pipe in such that backflow from the receiving tank is possible.

(5) Operating valves for gravity-drained tank. Each tanks connection through which petroleum can normally flow must be equipped with an operating valve to control the flow. A valve which meets the standards set forth in NFPA No. 30, section 2-2.71.1 (see subdivision 613.1(g)) meets the requirements of this paragraph.

(6) Secondary containment system for aboveground tanks.

(i) A secondary containment system must be installed around any aboveground petroleum storage tank which:

(a) could reasonably be expected to discharge petroleum to the waters of the state, or

(b) which has a capacity of ten thousand (10,000) gallons or more. The secondary containment system must be constructed so that spills of petroleum and chemical components of petroleum will not permeate, drain, infiltrate or otherwise escape to the groundwaters or surface waters before cleanup occurs. The secondary containment system may consist of a combination of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps, receiving tanks and other equipment capable of containing the product stored. Construction of diking and the storage capacity of the diked area must be in accordance with NFPA No. 30, section 2-2.3.3 (see subdivision 613.1. (g)).

(ii) If soil is used for the secondary containment system, it must be of such character that any spill onto the soil will be readily recoverable and will result in a minimal amount of soil contamination.

(iii) Storm water which collects within the secondary containment system must be controlled by a manually operated pump or siphon, or a gravity drain pipe which has two manually controlled dike valves, one on each side of the dike. All pumps, siphons and valves must be properly maintained and kept in good condition. If gravity drain pipes are used, all dike valves must be locked in a closed position except when the operator is in the process of draining clean water from the diked area.

(iv) Storm water or any other discharge at a facility must be uncontaminated and free of sheen prior to discharge. Storm water which is contaminated must be treated to reduce petroleum concentration to 15 parts per million or less and to remove any visible sheen prior to discharge. Additional requirements may be imposed under 6 NYCRR Parts 751-758 for protection of the state's waters.

(d) Maintenance of spill prevention equipment. The owner or operator must keep all gauges, valves and other equipment for spill prevention in good working order.

§613.4 Inventory monitoring for underground storage facilities

(a) Inventory records

(1) The operator of an underground storage tank must keep daily inventory records for the purpose of detecting leaks. Records must be kept for each tank (or battery of tanks if they are interconnected) and shall include measurements of bottom water levels, sales, use, deliveries, inventory on hand and losses or gains. Reconciliation of records must be kept current, must account for all variables which could affect an apparent loss or gain and must be in accordance with generally accepted practices.

(2) If the tank is unmetered or if the tank contains petroleum for consumptive use on the premises where stored, the operator may detect inventory leakage in an alternative method to paragraph 613.4(a)(1) above. This may include an annual standpipe analysis or other method acceptable to the Department.

(b) Exemptions. No inventory monitoring is required:

(1) for an underground tank storing No. 5 or No. 6 fuel oil; or

(2) where the operator can demonstrate to the satisfaction of the Department that it is technically impossible to perform inventory monitoring for the purpose of leak detection.

(c) Maintenance of inventory records

(1) Inventory monitoring records must be maintained and made available for Department inspection for a period of not less than five (5) years.

(2) Failure to maintain and reconcile such records constitutes cause for Department-ordered tests and inspections of the facility at operator expense as set forth in section 613.7.

(d) Reporting of inventory losses. If inventory monitoring required in subdivision 613.4(a) shows: an inventory loss; a recurring accumulation of water in the bottom of the tank during any ten-day period; apparent product losses or gains exceed three-quarters (3/4) of one (1) percent of the tank volume; or apparent losses or gains exceed seven and one-half (7.5) gallons per one-thousand (1,000) gallons delivered, the operator must initiate an investigation into the possible causes. If, within forty-eight (48) hours, the causes cannot be explained by inaccurate recordkeeping, temperature variations or other factors not related to leakage, the operator must notify the owner and the nearest regional office of the Department and must take the tank out-of-service in accordance with subdivision 613.9(a) until such time that inspection and/or tightness tests are performed, the cause is determined and necessary repairs or replacements are made.

§613.5 Underground storage facilities - testing and monitoring

(a) Periodic tightness testing.

(1) Testing schedule

(i)The owner of any underground petroleum storage tank and connecting piping system must have the tank and pipes periodically tested for tightness as shown in Table 1, below.

(ii) Any tank and piping system which is due for an initial test within the first year of the effective date of these regulations or any tank which is of unknown age must be tested within (2) years of the effective date of these regulations.

(iii) If the tank and piping system is due for an initial test but has been tested within a five (5) year period prior to the due date in a manner consistent with criteria set forth in paragraph 613.5(a)(6), the Department may accept this test as the initial test. The test report must be sent to the Department prior to the due date for the initial test.

(iv) Restesting of all tank and piping systems must be completed no later than every five (5) years from the date of the previous test.

(v) If for any reason, testing or inspection is not performed as required in this section, the tank or piping system must be replaced in accordance with sections 614.2 through 614.5 inclusive, 614.7 and 614.14 of this Title or taken out-of-service pursuant to the requirements of section 613.9.

Table 1 Testing Schedule-Underground Tanks
Category A Tank Unprotected tank Initial test when the tank is (10) years old.

Retested every five (5) years thereafter until permanently closed.
Category B Tank Corrosion-resistant tank Initial test when the tank is fifteen (15) years old.
Category C Tank Corrosion-resistant tank and pipe which have a leak monitoring system or any new tank and pipe installed in conformance with Part 614 of this Title. Monitoring in accordance with paragraph 613.5(b)(3).

No periodic testing is required.

(2) Exemptions. No periodic tightness test is required:

(i) on a tank and piping system storing No. 5 or No. 6 fuel oil;

(ii) on a tank and piping system which has a capacity of eleven hundred (1,100) gallons or less unless the Department determines that the tank or piping system could reasonably be expected to leak petroleum to the waters of the State;

(iii) on tanks and piping systems which are corrosion resistant and have a leak monitoring system;

(iv) on tanks and piping systems installed in conformance with the standards for new construction set forth in Part 614 of this Title; or

(v) where the size of the tank exceeds 50,000 gallons or where it is technically impossible to perform a meaningful tightness test. In this case, an alternative test or inspection which is acceptable to the Department must be conducted.

(3) Qualifications of test technicians. All tightness tests must be performed by a technician who has an understanding of variables which affect the test, is trained in the performance of the test and meets the qualifications set forth by the Department.

(4) Test reports (i) A test report must be sent by the owner or technician to the Department no later than thirty (30) days after performance of the test, except any test or inspection which shows the facility is leaking must be reported by any person with knowledge of such leak to the Department within two (2) hours of the discovery of such leak. Notification must be made by calling the telephone hotline (518) 457-7362.

(ii) All test reports must be in a form satisfactory to the Department and must include the following information:

(a) facility registration number,

(b) identification number used on the application form required in subdivision 612.2(f) of this Title for tank and piping system tested,

(c) date of test,

(d) results of test,

(e) test method,

(f) certification by the technician that test complies with criteria for a tightness test in paragraph 613.5(a)(6),

(g) statement of technician's qualifications,

(h) address of technician, and

(i) signature of technician.

(iii) A copy of the test report(s) must be maintained by the owner of the facility for a least five (5) years.

(5) Repair, replacement and closure of leaking systems. Any part of the storage facility which is not tight must be promptly emptied, replaced or repaired in accordance with Part 614 of this Title or taken out-of-service in accordance with section 613.9.

(6) Criteria for tightness test. A tightness test is a test acceptable to the Department which will determine if a tank and piping system is tight or not tight. The test must be capable of detecting a tank or piping leak as small as five-hundredths (0.05) of a gallon in one-hour accounting for variables such as vapor pockets, thermal expansion of product, temperature stratification, groundwater level, evaporation, pressure and end deflection.

(b) Monitoring of corrosion-resistant tanks and pipes.

(1) The owner or operator of any corrosion-resistant underground tank or pipe which is exempt from tightness testing under subparagraph 613.5(a)(2)(iii), must monitor all cathodic protection and leak detection systems.

(2) The adequacy of a cathodic protection system must be monitored at least annually. If at any time the system fails to provide the necessary electrical current to prevent corrosion, the cathodic protection system must be restored within thirty (30) days. Any tank or pipe with a non-working cathodic protection system will be considered unprotected and must be tested for tightness within one (1) year and retested every five (5) years thereafter until the tank is permanently closed.

(3) The owner or operator must monitor for traces of petroleum at least once per week. All monitoring systems must be inspected monthly. Monitoring systems must be kept in proper working order. If at any time the monitoring system fails to function effectively, it must be repaired within thirty (30) days. Any tank or piping system with a non-working monitoring system must be tested for tightness within one (1) year and retested every five (5) years thereafter until the tank is permanently closed.

(4) Monitoring records for cathodic protection and leak detection systems must be maintained on the premises for a period of a least one (1) year.

§613.6 Aboveground storage facilities - inspections

(a) Monthly inspections. The owner or operator of an aboveground storage facility must inspect the facility at least monthly. This must include:

(1) inspecting exterior surfaces of tanks, pipes, valves and other equipment for leaks and maintenance deficiencies;

(2) identifying cracks, areas of wear, corrosion and thinning, poor maintenance and operating practices, excessive settlement of structures, separation or swelling of tank insulation, malfunctioning equipment and structural and foundation weaknesses; and

(3) inspecting and monitoring all leak detection systems, cathodic protection monitoring equipment, or other monitoring or warning systems which may be in place at the facility.

(b) Ten-year inspection

(1) Schedule.

(i) In addition to monthly inspections required above, the owner or operator must perform a detailed inspection as described in paragraph 613.6(b)(3)below, of any aboveground tank with a capacity of ten thousand (10,000) gallons or more, or any tank with a capacity less than ten thousand (10,000) gallons which could reasonably be expected to discharge petroleum to the waters of the State. The initial inspection must be performed when the tank is ten (10) years old, or within five (5) years of the effective date of these regulations, whichever comes later.

(ii) Any tank which is of an unknown age must be inspected within five (5) years of the effective date of these regulations.

(iii) If a tank is due for an initial inspection but has previously been inspected in a manner consistent with the criteria set forth in paragraph 613.6(b)(3) within a ten (10) year period prior to the due date, the Department may accept this previous inspection.

(iv) Reinspection of all tanks is required no later than ten (10) years from the date of the previous inspection.

(2) Exemptions. Ten-year inspections are not required for:

(i) tanks which are entirely aboveground, such as tanks on racks, cradles or stilts;

(ii) tanks storing No. 5 or No. 6 fuel oil; or

(iii) Tanks installed in conformance with the standards for new construction set forth in sections 614.8 through 614.11 inclusive, of this Title.

(3) Requirements for ten-year inspections. A ten (10) year inspection must consist of a tightness of the tank and connecting underground pipes or an inspection which consists of the following:

(i) cleaning the tank and difficult to reach areas within the tank in accordance with generally accepted practices;

(ii) removal, transportation and disposal of sludge in a manner consistent with all applicable state and federal laws;

(iii) inspecting the tank shell for soundness and testing all welds and seams on the tank bottom for porosity and tightness. The test must be consistent with generally accepted industry testing and inspection practices. This may include one or a combination of the following: a tightness test, an air pressure, hydrostatic or vacuum test, a penetrant dye test, a non-destructive test to detect thinning of the tank or hammering to detect weak areas;

(iv) visual inspection of the internal surfaces of the tank and difficult to reach areas for corrosion or failure;

(v) inspection of internal coatings for any signs of failure of the coating system such as cracks, bubbles, blisters, peeling, curling or separation; and

(vi) a tightness test of any connecting underground pipes.

(c) Inspection reports.

(1) Reports for each monthly inspection and ten-year inspection must be maintained and made available to the Department upon request for a period of at least ten (10) years.

(2) The reports must include the following information:

(i) facility registration number,

(ii) identification number for tank inspected,

(iii) date of inspection,

(iv) results of inspection including a report on the need for repair,

(v) certification by the inspector that the inspection has been performed in a manner consistent with requirements of section 613.6,

(vi) address of inspector, and

(vii) signature of inspector.

(d) Repair of equipment deficiencies. If any inspection reveals a leak, a tank or equipment deficiency, a deficiency in monitoring equipment, excessive thinning of the tank shell which would indicate structural weakness when the tank is filled with petroleum, or any other deficiency which could result in failure of the facility to function properly or store and contain the product in storage, remedial measures must be promptly taken to eliminate the leak or deficiency.

(e) Uninspected facilities. If any portion of a facility is not inspected as required, the uninspected portion of the facility must be taken out-of-service pursuant to the requirements of section 613.9.

§613.7 Additional testing and inspection requirements

When a leak of petroleum is suspected or appears probable, or where tests or inspections have not been performed, or where accurate inventory records are not kept and reconciled as required in section 613.4, the Department may order the owner or operator to inspect and to test the tanks or equipment for tightness and structural soundness. If the owner or operator fails to conduct such tests and inspections within ten (10) days, the Department may conduct inspections or tests for tightness or structural soundness. The expenses of conducting such tests as ordered by the Department shall be paid by the facility owner.

§613.8 Reporting of spills and discharges

Any person with knowledge of a spill, leak and discharge of petroleum must report the incident to the Department within two (2) hours of discovery. The results of any inventory record, test or inspection which shows a facility is leaking must be reported to the Department within tow (2) hours of the discovery. Notification must be made by calling the telephone hotline (518) 457-7362.

§613.9 Closure of out-of-service tanks

(a) Closure of tanks temporarily out-of-service

(1) Storage tanks or facilities which are temporarily out-of-service for thirty (30) or more days must be closed as follows:

(i) All products must be removed from the tank and piping system to the lowest draw-off point. Any waste product removed from the tank must be disposed of in accordance with all applicable state and federal requirements. Tanks must be protected from floatation in accordance with good engineering practices.

(ii) All manways must be locked or bolted securely and fill lines, gauge openings or pump lines must be capped or plugged to prevent unauthorized use or tampering.

(2) Storage tanks or facilities which are temporarily out-of-service are subject to all requirements of this Part and Part 612 of this Title including, but not limited to, periodic tightness testing, inspection, registration and reporting requirements.

(b) Closure of tanks permanently out-of-service.

(1) Any tank or facility which is permanently out-of-service must comply with the following:

(i) Liquid and sludge must be removed from the tank and connecting lines. Any waste products removed must be disposed of in accordance with all applicable state and federal requirements.

(ii) The tank must be rendered free of petrolem vapors. Provisions must be made for natural breathing of the tank to ensure that the tank remains vapor free.

(iii) All connecting lines must be disconnected and removed or securely capped or plugged. Manways must be securely fastened in place.

(iv) Aboveground tanks must be stenciled with the date of permanent closure

(v) Underground tank(s) must either be filled to capacity with a solid inert material (such as sand or concrete slurry) or removed. If an inert material is used, all voids within the tank must be filled.

(vi) Aboveground tanks must be protected from floatation in accordance with good engineering practice.

(2) Storage tanks or facilities which have not been closed pursuant to paragraph 613.9(b)(1) above, are subject to all requirements of this Part and Part 612 of this Title including but not limited to periodic tightness testing, inspection, registration and reporting requirements.

(c) Reporting of out-of-service tanks. The owner of a tank or facility which is to be permanently closed must notify the Department within thirty (30) days prior to permanent closure of the tank or facility pursuant to the requirements of subdivision 612.2(d) of this Title.

(d) Used tanks.

(1) Tanks which are removed and do not meet the standards for new tanks set forth in sections 614.3 or 614.9 cannot be reinstalled for the purpose of petroleum storage.

(2) If a tank meets the standards for new tanks, it may be reinstalled for petroleum storage if after thorough cleaning and inspection, internally and externally, it is found to be structurally sound and free of pin holes, cracks, structural damage or excessive corrosion or wear. Such tanks must be reinstalled and tested in accordance with requirements of this Part and Part 614 of this Title.

(3) If a tank is to be disposed of as junk, it must be retested for petroleum vapors, rendered vapor free if necessary, and punched with holes to make it unfit for storage of liquids.

(e) Financial assurances. Forms of surety or financial assurances may be required by the Department to ensure proper closure of facilities. The amount of such financial assurances will be set by the Department. Any requirement of financial assurances must be accompanied by a finding by the Department of the public interest and shall set forth the reasons for requiring such financial assurances.