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Part 598: Handling and Storage Of Hazardous Substances

(Statutory authority: Environmental Conservation Law, Sections 3-0301.1.m,3-0301.2.a, 17-0303.3, 37-0105, 40-0109, 40-0113 and 40-0117)

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Contents:

Sec.

§598.1 General

(a) Purpose. This Part sets forth regulations for the handling and storage of hazardous substances to protect the public health, safety, welfare, and the environment of the state.

(b) Applicability. This Part applies to hazardous substances bulk storage facilities regulated under Part 596 of this Title.

(c) Definitions. The definitions found in subdivision 596.1(c) of this Title apply to this Part.

(d) Severability. If any provision 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 shall not be affected.

(e) Variances.

(1) The Department may, upon written request from any person subject to this Part, grant a variance from one or more specific provisions of this Part. An application for a variance must:

(i) identify the specific provisions of this Part from which a variance is sought;

(ii) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the person's particular situation, tend to impose a substantial economic, technological or safety burden on the person; and

(iii) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety, welfare or the environment and will be consistent with the provisions of the ECL and the performance expected from application of this Part.

(2) The department may not grant any variance which would result in regulatory controls less stringent than those set forth in 40 CFR Parts 280 and 281 (see subdivision 598.1(j) of this Part).

(3) In granting any variance, the department may impose specific conditions necessary to assure that the activity will have no significant adverse impact on the public health, safety, welfare or the environment.

(f) Confidentiality. Any person submitting information to the department pursuant to this Part may, at the time of submission, request that the department exempt such information from disclosure under paragraph (d) of subdivision (2) of section 87 of the Public Officers Law. All requests under this section must be made in accordance with the provisions of section 616.7 of this Title and all determinations will be made pursuant to that section.

(g) Enforcement.

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

(2) Where a release of any hazardous substance has occurred, is suspected or appears probable, the department may direct the owner or operator to inspect any storage tank or associated equipment which might be the source of such release and to test for tightness and structural soundness. If the owner or operator fails to conduct such inspections and tests within ten (10) days of notification of such an order, the department may do so. The reasonable expenses of conducting such inspections and tests incurred by the department shall be paid by the owner or operator.

(3) If the owner or operator fails to comply with these regulations, the owner or operator must when directed by the department, conduct a site assessment to determine if there is evidence of a release due to such non-compliance. This assessment must be conducted in accordance with the requirements of subdivision 598.10(e) of this Part and the results submitted to the department within time frames to be determined by the department.

(h) Tanks subject to these regulations in the future. Any existing storage tank which becomes subject to these regulations in the future must comply with the requirements of this Part within the timeframe specified or within two (2) years of becoming subject to regulation, whichever is later. This might occur if a substance is added to the list of hazardous substances in Part 597. Any new equipment must comply with this Part and Part 599 of this Title when installed.

(i) Access to records and storage tanks. Any designated officer or employee of the department shall have the right of access as provided in subdivision 596.1(e) of this Title.

(j) References. Citations used in this Part refer to the publications listed below. These publications are available for inspection at the Department of Environmental Conservation, 50 Wolf Road, Albany, New York, 12233-3520. Copies may be purchased directly from the publisher at the address shown.

(1) "API 620" means American Petroleum Institute Specification 620, "Recommended Rules for Design and Construction of Large, Welded, Low-Pressure Storage Tanks", June l990, American Petroleum Institute Publishers, 1220 L Street, NW, Washington, DEC 20005.

(2) "API 650" means American Petroleum Institute Specification 650, "Welded Steel Tanks for Oil Storage" 9th Edition, l993, American Petroleum Institute Publishers, 1220 L Street, NW, Washington, DC 20005.

(3) "API 651" means American Petroleum Institute Specification 651 "Cathodic Protection of Above-ground Petroleum Storage Tanks", l99l, American Petroleum Institute Publishers, l220 L Street, NW, Washington, DC 20005.

(4) "API 652" means American Petroleum Institute Specification 652, "Lining of Aboveghround Petroleum Storage Tank Bottoms", l99l, American Petroleum Institute Publishers, l220 L Street, NW, Washington, DC 20005.

(5) "API 1615" means American Petroleum Institute Specification 1615, "Installation of Underground Petroleum Storage Systems", l987, with l989 supplement, American Petroleum Institute Publishers, 1220 L Street, NW, Washington, DC 20005.

(6) "API 1632" means American Petroleum Institute Specification l632", Cathodic Protection of Underground Petroleum Storage Tanks and Piping System", l987, American Petroleum Institute Publishers, l220 L Street, NW, Washington, DC 20005.

( 7) "ASTM D2996-88" means American Society for Testing and Materials Designation D2996-88, "Specification for Filament-Wound Reinforced Thermosetting Resin Pipe", 1988, American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(8) "ASTM D3299-88" means American Society for Testing and Materials Designation D3299-88, "Filament-Wound Glass-Fiber-Reinforced Thermoset Resin Chemical-Resistant Tanks", 1988, American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(9) "ASTM D4021-92" means American Society for Testing and Materials Designation D4021-92, "Standard Specification for Glass-Fiber-Reinforced Polyester Underground Petroleum Storage Tanks", 1992, American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(10) "ASTM D4097-88" means American Society for Testing and Materials Designation D4097-88, "Contact-Molded Glass-Fiber-Reinforced Thermoset Resin Chemical-Resistant Tanks", 1988, American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(11) "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.

(12) "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.

(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", April 1992 Revision, National Association of Corrosion Engineers, Box 218340, Houston, Texas 77218.

(14) "NACE Standard RP-02-85" means National Association of Corrosion Engineers, "Recommended Practice - Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems", 1985, National Association of Corrosion Engineers, Box 218340, Houston, Texas 77218.

(15)"NFPA No. 30" means National Fire Protection Association, "Flammable and Combustible Liquids Code, No. 30", 1993, NFPA, Batterymarch Park, Quincy, MA 02269.

(16) "NLPA 631" means National Leak Prevention Association, "Spill Prevention, Minimum 10-Year Life Extension of Existing Steel Underground Storage Tanks by Lining Without the Addition of Cathodic Protection", 1991, NLPA P.O. Box 1643, Boise, ID 83701.

(17) "SSPC-SP #6" means Steel Structures Painting Council, "Steel Structures Painting Manual, Chapter 2 - Surface Preparation Specifications, Commercial Blast Cleaning", June 1991, Steel Structures Painting Council, 4400 Fifth Avenue, Pittsburgh, PA 15213.

(18) "ULC-C107.7-1993" means Underwriters' Laboratories of Canada, No. ULC-C107, "Glass Fiber Reinforced Plastic Pipe and Fittings for Flammable Liquids", 1993, Underwriters' Laboratories of Canada, 7 Crouse Road, Scarborough, Ontario, Canada M1R3A9.

(19) "ULC Standard S603" means Underwriters' Laboratories of Canada, No. ULC-S603-92, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids", 1992, Underwriters Laboratories of Canada, 7 Crouse Road, Scarborough, Ontario, Canada M1R3A9.

(20)" 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", 1992, Underwriters Laboratories of Canada, 7 Crouse Road, Scarborough, Ontario, Canada M1R3A9.

(21)"40 CFR 280" means Part 280 of Title 40 of the Code of Federal Regulations, "Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST)", July 1, 1993, Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(22) "40 CFR 281" means Part 281 of Title 40 of the Code of Federal Regulations, "Approval of State Underground Storage Tank Programs", July 1, 1993, Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(23) "40 CFR 302.8" means Section 8, Part 302 of Title 40 of the Code of Federal Regulations, "Continuous Releases", July 1, 1990, Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(k) Spill prevention report.

(1) Within two (2) years of the effective date of these regulations or at an earlier date if requested by the Department, the owner or operator of any facility must prepare and maintain a spill prevention report for preventing and responding to spills, releases and accidents at the facility. The report must be properly indexed, logically organized, and filed on the premises of the facility at all times. The report must be updated at least annually or whenever a significant release occurs or a substantial modification is made. If requested, the owner or operator must supply a copy of the report to the department. The comprehensiveness of the spill prevention report will be a function of the risks at the facility. At facilities with good operating histories, small quantities of low hazard substances in areas of minimal environmental risk, reports will contain basic information and assessments. Where facilities or risks are larger, the report will assess such risks and will be proportionately more complex.

(2) The spill prevention report must include the following:

(i) a copy of the registration application and certificate issued under section 596.2 of this Title;

(ii) management approval of the report evidenced by the signature of the principal executive officer or authorized representative;

(iii) an up-to-date facility site map of sufficient detail to locate and identify tanks, transfer stations and connecting pipes;

(iv) the name, signature, and license number of the Professional Engineer licensed in New York State or other qualified person who prepared the plan;

(v) a listing and summary description, for the past five years, of releases: (1) required to be reported under state or federal law, or (2) which the facility can ascertain have occurred through an examination of existing books, records or other documentation. This must address the magnitude and impact of such releases and be updated to incorporate reports required under section 595.3 of this Title;

(vi) identification and assessment of causes of spills, leaks and releases at the facility;

(vii) status report on compliance with this Part and Parts 596 and 599 of this Title;

(viii) an appendage of those records (or index of records) which must be kept and made available to the department pursuant to requirements of this Part and Parts 596 and 599 of this Title;

(ix) evidence of financial responsibility if required by section 598.11 of this Part; and

(x) a plan for spill response, including; a prediction of the direction of flow or dispersion of a spill; a map showing areas impacted by a spill including sewers, drainage ditches, water supplies, wells, streams and populated areas; a list of equipment and materials to contain a spill; name and phone number for emergency contacts, coordinators, and clean-up contractors; spill reporting procedures; plans for annual drills and other information consistent with generally accepted spill prevention control and countermeasure practices.

(3) The spill prevention report must contain a discussion and assessment of any equivalent equipment, method or practice where allowed under this Part or Part 599 of this Title. The assessment must demonstrate through engineering, monitoring, data, tests or past experience that measures or practices are in-place at the facility which are equivalent or superior to the standards for protecting the environment set forth in this Part and Part 599.

(4) Where the owner or operator is required to perform a site assessment pursuant to subdivision 598.1(g) or 598.10(e) of this Part, the spill prevention report must contain the site assessment and findings.

(l) Use of Equivalent Technology. Where specified in this Part, the department may approve the use of an equivalent technology, method or practice by any person subject to this Part. A request to use equivalent technology must:

(i) identify the applicable provision of this Part; and.

(ii) include documentation, including but not limited to data, plans, specifications and test results that demonstrate that the technology, method or practice desired to be used will protect the public health, safety and welfare and the environment in a manner which equals or exceeds the requirements of the applicable provision of this Part.

§598.2 Approval of Local Laws or Ordinances

(a) Preemption.Except where the department has approved a local law or ordinance as provided below, any local law or ordinance which is inconsistent with any provision of this Part or of Parts 595, 596, 597 or 599 of this Title is preempted.

(b) Approval of local laws or ordinances.

(1) The department may approve a local law or ordinance for a city with a population over one (1) million or a county, when such city or county law or ordinance provides environmental protection equal to or greater than provisions of the Environmental Conservation Law, Article 40, and the requirements of this Part and Parts 595, 596, 597 and 599 of this Title.

(2) The city or county through its chief executive officer, must seek approval from the department in writing. The request must:

(i) include a copy of the local law or ordinance;

(ii) explain differences and inconsistencies between the local law and provisions of this Part, and Parts 595, 596, 597 and 599 of this Title;

(iii) identify proposed enforcement procedures, penalties and resources available to implement the local law or ordinance;

(iv) identify local fees which would be levied;

(v) contain a declaration of intent to administer and enforce the local law or ordinance; and (vi) contain a statement from the city or county attorney that the city or county has adequate legal authority to carry out the proposed local program. This statement should identify any sources of statutory authority other than the local bulk storage law relied upon.

(3) The department will review all requests and supporting documents and will prepare written findings and terms of approval, conditional approval, or disapproval.

(c) Rescission of approved local laws or ordinances. If the department determines that an approved city or county law or ordinance is not being properly administered or enforced, it will advise the chief executive officer of the county or city of its determination in writing. If appropriate actions are not taken to effectively administer and enforce the local law or ordinance in accordance with the department's determination, the department reserves the right to rescind approval and administer and enforce the program as part of the department's overall responsibility under this Part, and Parts 595, 596, 597 and 599 of this Title.

§598.3 Bulk Storage In Flood Plains

Any storage tank system susceptible to inundation by water from any source must be adequately anchored to prevent flotation, collapse, or lateral movement that might be caused by hydrodynamic and hydrostatic loads, including the effect of buoyancy. Tanks must be designed, installed and maintained in accordance with operating standards set forth in NFPA No. 30, section 2-6.6 (see subdivision 598.1(j) of this Part) and in accordance with state and local flood plain regulations. Dikes in flood plains must be designed and installed to withstand structural damage and overtopping by a one-hundred (100) year flood. If tanks are ballasted 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 without first obtaining a discharge permit pursuant to Parts 750 to 758 of this Title.

§598.4 Hazardous Substance Transfers

(a) Responsibility for transfers. The operator, when on the premises or when in control of a hazardous substance transfer, is responsible for transfer activities. If the operator is not on the premises or is not in control of a hazardous substance transfer, the carrier is responsible for transfer activities. The operator or carrier must employ practices for preventing transfer spills, overfills and releases.

(b) Operating requirements.

(1) Prior to the transfer and during the delivery, the operator or carrier must determine that the hazardous substance will be transferred to the proper tank, that the receiving tank has available capacity to receive the amount to be transferred and all tank valving and flow control devices are in the appropriate position to accept delivery. Throughout the entire period of transfer and while the tank is connected to the loading or unloading device, the operator or carrier must at all times supervise, monitor and control the transfer to prevent overfilling and spilling. The operator or carrier must be trained in the proper transfer procedures, must monitor and control the delivery and must take immediate action to stop the flow when the working capacity of the tank has been reached or should an equipment failure or emergency occur. If a leak is discovered during the transfer, measures must be taken immediately to stop the leak and clean up the material which has been leaked.

(2) All couplings and other connections must be leak free, undamaged and fully functional prior to the transfer and must be checked for leakage after the transfer has been initiated.

(3) Brakes must be set and wheels chocked on all tank cars being loaded or unloaded.

(4) When a truck, rail car, or container is connected to a transfer line, caution signs must be in place to give warning to persons approaching from any anticipated direction. Signs must remain in place until operations are completed, all connections are removed, and outlets properly closed.

(5) During the transfer of a hazardous substance with a flash point below 100 degrees Fahrenheit (37.8 degrees Centigrade) or wherever flammable vapors may be present, all potential ignition sources must be controlled. Sources of ignition include, but are not limited to, open flames, lightning, smoking, cutting and welding, hot surfaces, friction, heat, sparks from static, electrical or mechanical sources, spontaneous ignition, chemical and physical-chemical reactions and radiant heat.

(6) Connections to a non-stationary tank at a transfer station must be sufficiently flexible so that any movement will not damage the connection or cause a leak. Examples of flexible connections include hoses and swing arms.

(7) Within two (2) years of the effective date of this Part, equipment or practices must be in-place which prevent the mixing of incompatible substances. This must include either mating of couplings to prevent mixing, written site procedures which prevent delivery of a substance to the wrong tank and which prohibit transfer of incompatible substances at the same time within the same transfer station, or equivalent practices. Any written procedures developed, pursuant to this subdivision must be specified in the spill prevention report required by section 598.1(k) of the Part.

(8) Within two (2) years of the effective date of these regulations, all fill and dispensing ports for aboveground tanks which are remote to the tank must be labeled with the chemical name or common name or category of substance and must display legible and clearly visible hazard warnings. In addition, fill ports must contain information on the point of delivery. For a registered tank, this would be the tank identification number. Valves and controllers which govern the filling and emptying of a storage tank must contain information on closed and open positions.

§598.5 Upgrading Storage Systems

(a) Upgrading underground tanks and pipes. By December 22, 1998, all existing underground tanks and on-ground and underground pipes must meet the standards for new construction found in sections 599.3 through 599.5, inclusive and 599.12 through 599.18, inclusive, of this Title or be closed in accordance with subdivision 598.10(c) of this Part.

(b) Upgrading aboveground tanks and pipes.

(1) By December 22, 1999, all aboveground tanks must be upgraded to comply with subdivisions 599.8(a) through (e) and (h), subdivision 599.17(a), paragraphs 599.17(b)(1)(i) and (b)(1)(iii), 599.17(b)(2) and section 599.18 of this Title.

(2) By December 22, 1999, all aboveground piping systems must be upgraded in accordance with piping standards set forth in subdivision 599.13(a) and (b) and section 599.16 of this Title.

(3) By December 22, 1998 all existing aboveground tanks the volume of which is ten (10) percent or more below the surface of the ground must meet the standards for new construction found in 599.8 of this Title or be closed in accordance with subdivision 598.10(c) of this Part.

(c) Secondary containment systems for aboveground tanks.

(1) By December 22, 1999, all aboveground tanks which are used to store a hazardous substance must be equipped with a secondary containment system in accordance with section 599.9 of this Part. This requirement does not apply to pipes except as required in paragraph (a) above. If the stored substance is a liquid at storage conditions and a gas at ambient conditions, then secondary containment must be provided to contain the liquid component of any spill until the phase change from liquid to gas occurs or the spill is cleaned up, whichever comes first.

(2) Where an alternative practice or structure provides equivalent protection, such practice or structure may be followed if it is no less protective of public health, safety and environment than Section 599.9 and has been inspected by a qualified engineer and certified to be in conformance with section 599.9. The owner or operator must describe how the alternative differs from section 599.9, how it is equivalent or superior and how it meets the performance standards set forth therein. The use of equivalent technology must be approved pursuant to section 598.1(l).

(d) Secondary containment for transfer stations.

(1) By December 22, 1999, all transfers of hazardous substances must occur at a transfer station equipped with spill containment in accordance with subdivision 599.17(c) of this Title. If the stored substance is a liquid at storage conditions and a gas at ambient conditions, then secondary containment must be provided to contain the liquid component of any spill until the phase change from liquid to gas occurs or the spill is cleaned up, whichever comes first.

(2) Where an alternative practice or structure provides equivalent protection, such practice or structure may be followed if it is no less protective of public health, safety and the environment than subdivision 599.17(c) and has been inspected by a qualified engineer and certified to be in conformance with subdivision 599.17(c). The owner or operator must describe how the system differs from subdivision 599.17(c), how the alternative is equivalent or superior and how it meets the performance standards set forth therein. The use of equivalent technology must be approved pursuant to section 598.1(l).

(e) Spill prevention at pumps and valves. By December 22, 1999, the owner or operator must prevent spills and leaks at all pumps and valves which control a liquid hazardous substance by using one or more of the following methods:

(1) installation of sealless pumps and valves, fail-safe double seal pumps and valves or equivalent technology;

(2) implementation of a pump and valve maintenance and repair program. The frequency of inspection and scope of maintenance and repair must be based on a minimum of five (5) years of actual operating and service records, manufacturer's recommendation or records for similar operations. The basis for the program, frequency of inspection, and scope of maintenance and repair must be identified in the spill prevention report; or

(3) installation of pumps and valves within a catchment basin such as a drip pan, pad or secondary containment system; The catchment basin must be designed and constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec or less and be compatible with the hazardous substance stored. If a catchment basin is used, it must be inspected each day of operation for accumulation of liquid and have capacity adequate to contain all spills likely to accumulate in the basin.

(f) Upgrading existing storage of solids.

By December 22, 1999, hazardous substances which are water soluble solids at ambient temperature must be stored in non-stationary tanks which prevent entry of stormwater or in an area protected from entry of stormwater by a building or similar enclosure. The tank including the floor, must be designed and constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec or less.

(g) Upgrading non-stationary tank storage areas.

(1) By December 22, 1999, non-stationary tanks must meet the following requirements:

(i) Incompatible substances stored in non-stationary tanks must not be stored in close proximity to each other. At minimum, they must be separated by either thirty (30) feet; a fire wall with a fire resistant rating of not less than two (2) hours; separate independent dikes; or other equivalent system which prevents inadvertent mixing and reduces the likelihood of an accident, release or spill;

(ii) An enclosure such as a warehouse or storm shelter must be provided for those non-stationary tanks which contain materials which could react with water to generate heat, cause pressure build-up in the container, cause fire, explosion or other adverse reaction. The enclosure must protect the tanks from exposure to water, be designed to withstand storms and be anchored into the ground;

(iii) Non-stationary tanks must be located in an area which has an impervious floor and a perimeter curb or ramp of sufficient height to contain one-hundred and ten percent (110%) of the contents of the largest tank or the total volume which can be spilled from interconnected tanks within the containment area, whichever is greater. The floor must be designed and constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec or less; and

(iv) Non-stationary tanks must be designed and manufactured in accordance with a consensus code, standard or practice developed by a nationally recognized association or independent testing laboratory and be suitable for the substance stored and the conditions of storage. This provision does not apply to non-stationary tanks which are represented, marked, certified or sold as qualified for use in the transportation of hazardous substances and which meet applicable federal requirements.

(v) Non-stationary tanks must be stored in a stable position. If such tanks are stacked, they must be stacked on a stable platform or pallet.

(2) Non-stationary tanks which are being transported or which are located at a staging area for a period of less than five (5) days, and railcars and truck trailers at the site for 180 days or less are exempt from the storage requirements of paragraph 598.5(g)(1) above.

(3) Beginning two (2) years from the effective date of these regulations, non-stationary tanks must meet the following requirements:

(i) each non-stationary tank must be labeled to identify its contents; and

(ii) Inventory records must be kept for all containers stored within a non-stationary tank storage area. Such records must include the number of tanks and the contents of each.

§598.6 Underground Storage Systems - Testing And Inspection

(a) Testing and inspections of ancillary equipment. Beginning one (1) year from the effective date of these regulations, the owner and operator must inspect ancillary equipment as follows:

(1) Monthly inspection must be made of vents, pressure relief devices, gauges, alarms, overfill prevention equipment, cathodic protection monitoring equipment, other monitoring equipment, warning alarms and safety systems. Equipment must be visually inspected for cleanliness, leakage, corrosion, and operability; and

(2) Annual testing of automatic line leak detectors and cathodic systems, providing protection to tanks or pipes subject to corrosion, must be performed to ensure the equipment is operating properly. Cathodic protection systems must be checked by a qualified technician to ensure that adequate structure to electrolyte potential exists for corrosion protection. If any line leak detector or cathodic protection system fails to provide the necessary protection, action must be taken in accordance with subdivision 598.9(a)(2) of this Title.

(b) Leak detection for underground tanks. Beginning one (1) year from the effective date of these regulations, the owner and operator must check underground tanks for leakage using one or more of the following:

(1) Inventory monitoring may be used if it detects a leak of one (1) percent of flow-through plus one-hundred and thirty (130) gallons on a monthly basis and is coupled with an annual tightness test. Inventory monitoring must be done in accordance with the standards set forth in 40 CFR section 280.43(a) (see subdivision 598.1(j) of this Part);

(2) Weekly monitoring of the interstitial space of a double-walled tank may be practiced using pressure monitoring, vacuum monitoring, electronic monitoring or manual sampling;

(3) Vapor wells for monitoring soils in the excavation zone may be used. Vapor monitoring systems must be designed and installed by a qualified engineer or technician in accordance with generally accepted practices. Wells must be protected from traffic, permanently labeled as a "monitoring well" or "test well-no fill" and equipped with a locking cap, which must be locked when not in use so as to prevent unauthorized access and tampering. Vapor monitoring may be used only under the following conditions:

(i) Soils in the excavation zone must be sufficiently porous to allow for the movement of the vapors from the tank to the vapor sensor. Gravel, coarse sand and crushed rock are examples of porous soils;

(ii) The stored substance or a tracer compound placed in the tank must be sufficiently volatile so as to be detectable by the vapor sensor;

(iii) Vapor monitoring must not be hindered by groundwater, rainfall or soil moisture such that a leak could go undetected for more than thirty (30) days;

(iv) Background contamination must not mask or interfere with the detection of a release;

(v) The system must be designed and operated to detect increases in vapors above background levels. Monitoring must be done at least once per week; and

(vi) The number and positioning of vapor monitoring wells must be sufficient to ensure detection of releases from any portion of the tank and must be based on a scientific study. Wells must be at least four (4) inches in diameter;

(4) Groundwater monitoring wells designed and installed by a qualified engineer or technician may be used. Wells must be protected from traffic, permanently labeled as a "monitoring well" or "test well no fill" and equipped with a locking cap which must be locked when not in use to prevent unauthorized access and tampering. Groundwater monitoring may be used only under the following conditions:

(i) The substance stored must be immiscible in water and have a specific gravity of less than one (1);

(ii) The groundwater table must be less than twenty (20) feet from the ground surface. The hydraulic conductivity of the soil between the tank and well must not be less than one-hundredth (0.01) cm/sec. Gravel and coarse to medium sand are examples of such soil.

(iii) The slotted portion of the well casing must be designed to prevent migration of soils into the well and must allow entry of the hazardous substances into the well under both high and low groundwater conditions;

(iv) Wells must be at least four (4) inches in diameter and be sealed from the ground surface to the top of the filter pack to prevent surface water from entering the well;

(v) Wells must be located within the excavation zone or as close to it as technically feasible;

(vi) The method of monitoring must be able to detect at least one-eighth (1/8) of an inch of free product on top of the groundwater. Monitoring must be done once per week; and

(vii) The number and positioning of the groundwater monitoring well(s) must be sufficient to ensure detection of releases from any portion of the tank and must be based on a scientific study.

(5) Automatic tank gauging equipment may be used if it can detect a leak of two-tenths (0.2) of a gallon per hour or larger with a probability of detection of 95 percent and probability of false alarm of 5 percent or less with a maximum threshold for declaring a leak of one tenth (0.1) of a gallon in one hour; Monitoring must be done once per week; or

(6) Other equivalent methods as approved by the department if the method can detect a leak of two-tenths (0.2) of a gallon per hour with a ninety-five (95) percent probability of detection and probability of false alarm of five (5) percent.

(c) Leak detection in underground and on-ground pipes.

(1) Beginning one (1) year from the effective date of these regulations, the owner and operator must check underground and on-ground piping for leakage. The method to be used must be designed to detect a leak from any portion of the piping that routinely contains a hazardous substance and may include any method accepted for tanks under subdivision 598.6(b) above, except for paragraph 598.6(b)(5). Note exception for suction piping in paragraph (3) below.

(2) If the underground piping is pressurized, then an automatic line leak detector which alerts the owner or operator to the presence of a leak must also be installed. The detector must be capable of restricting or shutting off flow or triggering an alarm. The line leak detector must also be capable of detecting a leak of three (3) gallons per hour at ten (10) pounds per square inch line pressure within one (1) hour with a probability of detection of 95 percent and probability of false alarm of 5 percent or less. An annual test of the operation of the leak detector must be conducted using procedures established by the manufacturer.

(3) Leak detection is not necessary for suction piping which meets all of the following conditions:

(i) operates at less than atmospheric pressure;

(ii) is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;

(iii) has only one check valve in each line; and

(iv) where the check valve is located directly below and as close as practical to the suction pump.

(d) Inspection of reconditioned tanks. Within ten (10) years of reconditioning an underground tank with an internal liner, the lined tank must be internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. Reinspection must be performed every five (5) years thereafter.

(e) Criteria for tightness tests.

(1) A tightness test is a test acceptable to the Department which will determine if a tank and piping system is tight or not tight. This shall include:

(i) a test capable of detecting a tank or pipe leak of one tenth (0.1) gallons per hour (gph) with a probability of detection of ninety-five percent (95%) and probability of false alarm of five percent (5%) or less with a maximum threshold for declaring a leak of five hundredths (0.05) of a gallon in one (1) hour accounting for variables such as vapor pockets, thermal expansion and contraction of product, temperature stratification, groundwater level, evaporation, pressure and tank deformation; or

(ii) a structural inspection performed in accordance with the requirements of subdivision 598.7(d) of this Part.

(2) If it is technically impossible to perform a meaningful tightness test, then an alternative test or inspection which is acceptable to the department must be performed.

(f) Qualification of technicians. All tightness tests must be performed by a qualified technician who has an understanding of the variables which affect the test and is trained by the manufacturer or his representative in the performance of the test.

(g) Uninspected facilities. If, for any reason, testing or inspection is not performed as required in this section, the owner and operator must take the uninspected portion of the storage tank system out-of-service pursuant to the requirements of section 598.10 of this Part.

§598.7 Aboveground Storage Tank Systems - Inspection

(a) Daily inspections. Beginning one (1) year from the effective date of these regulations, the owner or operator must visually inspect the aboveground storage tank system for spills and leaks each operating day. In addition, the owner or operator must check to ensure that drain valves are closed if not in use and there are no unpermitted discharges of contaminated water or hazardous substances.

(b) Monthly inspections. Beginning one (1) year from the effective date of these regulations, the owner or operator of any aboveground tank or combination of aboveground tanks (including underground pipes connected thereto), the volume of which is ten (10) percent or more beneath the surface of the ground, must also perform monthly release detection which meets the performance standards of subdivisions 598.6(b) and (c) of this Part. Cathodic protection systems must also be checked by a qualified technician to ensure that adequate structure to electrolyte potential exists for corrosion protection. If any cathodic protection system fails to provide the necessary protection, action must be taken in accordance with subdivision 598.9(a)(2) of this Title.

(c) Annual inspections.

(1) Beginning one (1) year from the effective date of these regulations, the structure-to-electrolyte potential of cathodic protection systems used to protect aboveground tank bottoms and connecting underground pipes which are subject to corrosion must be inspected annually by a qualified technician. If the system fails to provide the necessary protection, action must be taken in accordance with subdivision 598.9(a)(2) of this Title.

(2) Beginning one (1) year from the effective date of these regulations, the owner or operator must conduct comprehensive annual inspections of the aboveground storage tank system. This inspection includes:

(i) visually inspecting for cracks, areas of wear, corrosion, poor maintenance and operating practices, excessive settlement of structures, separation or swelling of tank insulation, malfunctioning equipment, safety interlocks, safety trips, automatic shutoffs, leak detection, and monitoring, warning or gauging equipment which may not be operating properly;

(ii) visually inspecting dikes and other secondary containment systems for erosion, cracks, evidence of releases, excessive settlement and structural weaknesses;

(iii) checking on the adequacy of exterior coatings, corrosion protection systems, exterior welds and rivets, foundations, spill control equipment, emergency response equipment and fire extinguishing equipment;

(iv) visual checking of equipment, structures and foundations for excessive wear or damage; and

(v) reviewing compliance with this Part and Part 599 of this Title.

(d) Five-year inspections.

(1) By December 22, 1999, the owner or operator must inspect aboveground piping systems and all aboveground tanks. The inspection must be consistent with a consensus code, standard or practice and be developed by a nationally recognized association or independent testing laboratory and meet the specifications of this subdivision. Based on the inspection, an assessment and evaluation must be made of system tightness, structural soundness, corrosion, wear, foundation weakness and operability. Reinspection is required no later than every five (5) years from the date of the initial inspection or regulatory deadline whichever occurs first, except as follows. If thinning of one (1) millimeter per year or greater occurs on the pipe or tank walls, or the expected remaining useful life as determined by the above inspections is less than ten (10) years, then reinspection must be performed on the tank or pipe at one-half of the remaining useful life.

(2) For aboveground piping systems and ancillary equipment, the inspection must consist of the following:

(i) examination of exposed piping, joints, welds and connections for misalignment and tightness. Insulated piping systems must have the covering removed if there is evidence of a leak such as damage or discoloration of the insulating material or the presence of free liquid. Representative flanged connections must be examined for gasket deterioration and misalignment;

(ii) structural inspection of representative sections of pipes for thinning, galvanic corrosion, intergranular corrosion, stress corrosion cracking, crevice corrosion, pitting, and for evidence of coating failure and material incompatibility. Galvanic cells, such as may be created by the joining of dissimilar metals, and other sources of corrosion must be identified;

(iii) a tightness test of any connecting underground pipes;

(iv) inspection and assessment of all ancillary equipment such as gauges, pressure/vacuum safety valves, safety interlocks, flow valves and pumps for adequacy, operability, leakage, fouling, corrosion, scaling and wear. Relief valves must be tested for capacity or opening and reseating pressure and inspected to see if corrosion, fouling or scaling has occurred; and

(v) an identification of system deficiencies which may result in a leak due to vibration, expansion, contraction, frost, settlement, shock or other causes.

(3) For aboveground tanks with a capacity of ten thousand (10,000) gallons or more, the inspection must be conducted under the direction of a qualified engineer. The engineer must certify that the tank is structurally sound and is not subject to external or internal corrosion that may result in a release before the next inspection and re-certification. Where necessary, the inspection must be made of all accessible tank surfaces and include the following:

(i) cleaning the tank and difficult to reach areas within the tank in accordance with a consensus code, standard or practice developed by a nationally recognized association or independent testing laboratory;

(ii) removal, transportation and disposal of solid precipitates or accumulated sludge in compliance with all applicable state, federal and local laws;

(iii) inspecting the tank, both internally and externally, for structural soundness and testing of the welds and seams on the tank bottom for porosity and tightness. The inspector may use one or more of the following non-destructive testing methods: hydrostatic or vacuum test; a dye penetrant test; an ultrasonic test; a radiographic or X-ray test; a magnetic particle inspection; or any other equivalent test which determines whether the tank is structurally sound. This must include measurements of erosion and corrosion wear and assessments of galvanic corrosion, intergranular corrosion, stress corrosion cracking, device corrosion, pitting, cellular corrosion and inspection for material incompatibility;

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

(v) inspection of internal and external liners, cladding and coatings for any signs of failure such as cracks, bubbles, blisters, peeling, curling or separation.

(e) Uninspected facilities. If any portion of a storage tank system is not inspected as required, the owner or operator must take the uninspected portion of the system out-of-service pursuant to the requirements of section 598.10 of this Part.

§598.8 Recordkeeping

(a) Recordkeeping. Reports for each monthly, annual or five-year test or inspection required by sections 598.6 and 598.7 of this Part must be kept with the spill prevention report and must be maintained and made available to the department upon request. Records of annual inspections must be kept for five (5) years. Reports of other inspections or tests must be kept for ten (10) years. No records are required for daily inspections.

(b) Reports. All reports must include the following information:

(1) facility registration number;

(2) identification number for tank, piping or equipment tested or inspected;

(3) date of test or inspection;

(4) results of tests and inspections, including a report on the condition of piping, tank and ancillary equipment, expected life of service and need for repair;

(5) test and inspection methods used;

(6) certification by the engineer or technician that the test or inspection has been performed in a manner consistent with the requirements of this Part;

(7) statement of engineer or technician's qualifications;

(8) name of engineer or technician;

(9) business address of engineer or technician; and

(10) signature of engineer or technician.

§598.9 Maintenance and Repair of Facilities

(a) Correcting deficiencies.

(1) Prompt action must be taken to prevent an imminent release. If any inspection shows that continuation of an operation or practice will result in a release or that the storage tank system, or any portion thereof, is inadequate or not tight, then the operation or practice must be modified or discontinued. The storage tank system, or any portion thereof, must be promptly replaced, repaired or taken out-of-service. Examples which may indicate that a release is imminent include, but are not limited to, leaking valves, pumps and pipe joints, malfunctioning pressure or vacuum relief devices, inadequate gauges, tightness test failures, excessive thinning of the tank shell which would indicate structural weakness when the tank is filled, and malfunctioning pressure or temperature gauges.

(2) If the storage tank system, or any portion thereof, or operation or practice is not in imminent danger of causing a release but an inspection shows that it is malfunctioning, or is in disrepair and that a leak or release is likely or probable unless action is taken, then the operation or practice must be modified or discontinued, or the equipment must be repaired or replaced within ninety (90) days, removed from service or temporarily closed. Examples of such equipment disrepair include, but are not limited to, secondary containment dikes with erosion or rodent damage, transfer station pads with cracks, deficiencies in coatings for preventing corrosion caused by exposure to the environment, malfunctioning leak monitoring equipment, and cathodic protection systems which fail to provide the necessary electric current to prevent corrosion.

(b) Permanent repairs. Within ninety (90) days, repairs must be made permanent and equal or exceed the standard of original construction. Welds and patches must be permanently bonded, be of the same material or material superior in performance as the original construction and must be installed in accordance with generally accepted engineering practices. Upon receipt of a written request before the expiration of the 90-day period, the period for temporary repairs shall be extended to 180 days.

(c) Repair of fiberglass-reinforced-plastic tanks. All fiberglass-reinforced-plastic tanks must be repaired in accordance with the manufacturer's instructions or a consensus code, standard or practice developed by a nationally recognized association or independent testing laboratory.

(d) Internal coatings.

(1) Internal coatings must be compatible with the substance stored.

(2) Tanks may be reconditioned by installing an interior coating in accordance with API 652, NLPA 631 (see subdivision 598.1(j) of this Part) or in accordance with an equivalent consensus code, standard or practice developed by a nationally recognized association or independent testing laboratory. Interior coatings of carbon steel tanks must be applied no later than eight (8) hours after abrasive blasting and cleaning of the internal surface or in accordance with a consensus code, practice or standard developed by a nationally recognized association or independent testing laboratory. Visible rust, moisture or foreign matter must not be present.

(3) All coatings must be of sufficient thickness, density and strength to form an impermeable shell which will not crack, soften, flake or separate from interior surfaces. The coating must maintain a permanent bond to the equipment.

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

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

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

(7) The date of installation of the coating material, condition of the tank, installation methods and other pertinent information must be kept in the spill prevention report for the lifetime of the tank or equipment.

(e) Corrosion protection of equipment. By December 22, 1999, the exposed exterior surfaces of all aboveground tanks, piping and ancillary equipment must be protected from corrosion. Protection must be provided by using one or a combination of the following methods:

(1) corrosion resistant equipment materials such as stainless steel or Monel;

(2) non-metallic cladding, coal tar based epoxy coating or similar coating with a minimum finish thickness of ten (10) mils (0.01 inches);

(3) paints, consisting of an inhibitive primer coat, intermediate inhibitive and two or more final coats applied to a properly prepared surface or an equivalent or better surface coating as further specified in subdivisions 599.8(f) and 599.13(c) of this Title; or

(4) an equivalent or better surface coating or corrosion protection system designed and installed in accordance with a consensus code, standard or practice of a nationally recognized association or independent testing laboratory.

(f) Replacement of rupture disks. All rupture disks must be replaced with new ones at least every three (3) years, or in accordance with any other frequency recommended by the disk manufacturer, or justified on the basis of operating experience in the spill prevention report.

(g) Vegetation. No vegetation except grass shall be allowed to grow within secondary containment systems. Any grass within the secondary containment system must be trimmed to no longer than six (6) inches. No accumulation of dead vegetation which could endanger the tank, if ignited, is allowed within the secondary containment system.

(h) Inspection of repaired equipment. All repaired equipment must be inspected for tightness and soundness before it is returned to service.

§598.10 Closure and Change-In-Service

(a) Change-in-service.

(1) If the substance stored within an existing tank is switched to a hazardous substance or from one hazardous substance to another, then the storage system must be evaluated by a qualified engineer to determine that materials are compatible, pressure and vacuum relief systems are adequate and that the storage tank and related system is properly designed and suitable for the change-in-service.

(2) Before any underground tank or aboveground tank having a volume of ten (10) percent or more beneath the surface of the ground is converted from storing a hazardous to a non-hazardous substance, a site assessment must be performed pursuant to subdivision 598.10(e) of this Part.

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

(1) Aboveground and underground storage tanks which are temporarily out-of-service for thirty (30) or more days must be closed as follows:

(i) All product must be removed from the tank and piping system to the lowest drawoff point. Any waste product removed from the tank must be disposed of in accordance with all applicable state, local and federal requirements. Tanks must be protected from floatation in accordance with generally accepted engineering practices; and

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

(2) Storage tanks or facilities which are temporarily out-of-service are subject to registration, leak detection and reporting requirements of Parts 595, 596 and 598 of this Title. Tanks out-of-service for more than one (1) year must be inspected or tested and determined to be structurally sound and tight before being returned to service.

(3) Underground tanks and aboveground tanks with a volume which is ten (10) percent or more beneath the surface of the ground which are temporarily out-of-service for more than one (1) year must be permanently closed if the tank has not been protected from corrosion as required in subdivisions 599.3(d) and 599.8(d) of this Title. The department may grant a time extension based on the findings of a site assessment performed by the owner or operator.

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

(1) Any aboveground or underground tank which is permanently out-of-service may be used to store a substance which is not a hazardous substance as defined in Part 597 of this Title or must be closed as follows:

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

(ii) The tank must be cleaned and rendered free of hazardous vapors. Provisions must be made for natural breathing of the tank to ensure that the tank remains free of hazardous vapors;

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

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

(v) Underground tanks must be removed unless it will be detrimental to a building foundation or other structure. Underground tanks that are abandoned in-place must be filled with a solid inert material (such as sand, concrete slurry, synthetic filler or cellular concrete). If an inert material is used, all voids within the tank must be filled;

(vi) All tanks must be protected from floatation caused by flooding or high ground water level in accordance with generally accepted engineering practices; and

(vii) Secondary containment systems of permanently closed aboveground storage tanks must have drainage for accumulated water or precipitation.

(2) If the tank is to be used to store a substance not defined as a hazardous substance, the owner or operator must empty and clean the tank prior to storing the new substance.

(3) Storage tanks or facilities which have not been closed pursuant to paragraph 598.10(c)(1) or (2) above, are subject to all requirements of this Part, Part 595 and Part 596 of this Title including, but not limited to, upgrading, periodic tightness testing, inspection, registration and reporting requirements.

(4) If a tank is to be disposed of as junk, it must be retested for hazardous vapors, rendered vapor free if necessary, cleaned of any residuals or sludge and punched with holes or otherwise made unfit for storage.

(d) Closure of tanks abandoned prior to regulations. All tanks taken out-of-service, but still in or on the ground, prior to the effective date of these regulations must be closed in accordance with the requirements of subdivisions 598.10(b) or (c) above.

(e) Site assessment for permanent closure.

(1) The owner or operator must perform a site assessment at the time of permanent closure of any underground tank or aboveground tank ten (10) percent or more in-ground. A site assessment may be required of any such tank permanently closed prior to the effective date of these regulations if in the judgment of the department, the tank poses a current or potential threat to human health or the environment. The site assessment must include soil, vapor, or ground-water monitoring in sufficient depth to determine if environmental contamination exists in the vicinity of the tank site.

(2) The type of monitoring and number and location of samples must be based on geology, water table contours, aquifer thickness, porosity, background water quality and the substance known or suspected to have been stored at the facility.

(3) If contaminated soil, vapor, groundwater or free product is discovered, the owner and operator must comply with the corrective action requirements of section 596.6 of this Title.

(4) The site assessment report must be prepared by a qualified engineer or technician. Records of the date of closure and the report must be incorporated or referenced in the spill prevention report and maintained for the life of the facility.

(f) Reporting of out-of-service tanks. The owner of a storage tank system which is to be permanently closed must notify the department pursuant to the requirements of subdivision 596.2(f) of this Title.

§598.11 Financial Responsibility

Upon request by the department, an owner and operator must provide evidence of financial responsibility for corrective action and for operating, maintaining or closing storage tanks pursuant to this Part and Parts 595, 596 and 599 of this Title. Financial responsibility may be evidenced by one or a combination of insurance, guarantee, surety bond, letter of credit, qualification as a self-insurer or other evidence acceptable to the department.