N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-2.1

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

Section 598-2.1 - Design, construction, and installation

(a) Applicability. This Subpart applies to underground tank systems used to store hazardous substances which include a tank of any storage capacity.

(b) Design and equipment requirements for UST systems.

(1) Tank requirements. Tanks must be of sufficient structural strength to withstand normal handling and use.

Tanks must be compatible with the hazardous substance to be stored and be protected from or resistant to all forms of internal and external wear, vibration, shock and corrosion. Tanks must have a stable foundation under all operating conditions and be protected from fire, heat, vacuum and pressure which might cause tank failure. If fiberglass-reinforced-plastic material is used, the material 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.

Tanks must be designed with a minimum of 30 years of useful life unless a shorter useful life is defined in the spill prevention report.

(i) Category 1 tank requirements. Every Category 1 tank must have met all tank requirements in accordance with subparagraph (ii) of this paragraph by December 22, 1998.

(ii) Category 2 tank requirements. Every tank must meet the following requirements:

('a') Tank design and construction standards.

('1') Except for tanks described in subclause ('2') of this clause, all Category 2 tanks must be designed, constructed, and installed or certified by a qualified engineer or technician in accordance with one of the following:

('i') ULC Standard S603;

('ii') ASTM D4021-92 (see section 1.16 of this Part); or

('iii') a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.

('2') Tanks installed in an inaccessible area must be designed, constructed, and installed or certified by a qualified engineer or technician in accordance with subclause 3.1(b)(1)(ii)('a')('1') of this Part.

('3') All Category 2 tanks, their welds, seams and connecting fittings must be factory tested for tightness using generally accepted engineering practices. All tanks sold in New York State must be guaranteed by the manufacturer to be tight.

('4') Tanks subject to scouring. All tanks subject to scouring by the inflow of hazardous materials or subject to wear from manual gauging must be equipped with wear plates, diffusers, or alternate means to prevent localized wear or corrosion. If wear plates are used, they must cover an area of at least 144 square inches and be installed in a manner which avoids crevice corrosion.

('b') Corrosion protection.

('1') All Category 2 tanks which are in contact with the ground and subject to corrosion must be protected from external corrosion by one of the following:

('i') corrosion resistant materials; or

('ii') a cathodic protection system.

('2') Cathodic protection must consist of one or a combination of the following:

('i') sacrificial anodes and coating;

('ii') impressed current; or

('iii') another method that is designed and installed in accordance with a code of practice (including API 1632, ULC-S603.1, or NACE RP-02-85) developed by a nationally recognized association or independent testing laboratory and approved by the department.

('3') The cathodic protection system must be designed and constructed by a qualified engineer or corrosion specialist and must provide a minimum of 30 years of protection against external corrosion. The engineer or specialist must supervise the installation of all field fabricated cathodic protection systems and prefabricated systems where necessary to assure that the system has been installed as designed.

('4') Tanks which are protected with sacrificial anodes must be electrically insulated from the piping if the piping is constructed of a conductive material, unless the cathodic protection system has been designed to protect the entire tank system. Electrical insulation must be provided by dielectric fittings, bushings, washers, sleeves or gaskets which are chemically stable when exposed to the stored substances and soil.

('5') The cathodic protection system must be installed with a monitor or monitoring port that allows for annual review of the adequacy of the cathodic protection.

('6') The tank must be isolated from or protected against stray electric currents which include currents from underground cables, electric machinery, railroad systems and electrical grounding rods.

('7') Tank and piping connections of two dissimilar metals which together create a corrosion inducing galvanic cell are prohibited.

('8') External coatings must be fiberglass-reinforced-plastic, epoxy, or other suitable dielectric material with a minimum thickness of 10 mils after curing. The coating must be factory applied or equivalent, have a coefficient of thermal expansion compatible with that of steel and be firmly bonded to the steel. It must be of sufficient strength and density to form a hard, impermeable shell that will not crack, wick, wear, soften, flake or separate and must be non-corrodible under adverse underground electrolytic conditions. The application of the coating must be in strict accordance with the instructions of the supplier of the coating material.

('9') Coatings must be inspected for air pockets, cracks, blisters, and pinholes, and must be electrically tested for coating short circuits or coating faults. Any defects must be repaired in accordance with the manufacturer's instructions prior to installation.

('c') Secondary containment.

('1') All Category 2 tanks must have a secondary containment system. This must consist of one of the following:

('i') a double-walled tank in accordance with subclause ('3') of this clause;

('ii') a vault in accordance with subclause ('4') of this clause;

('iii') a synthetic liner in accordance with subclause ('5') of this clause; or

('iv') another method that is designed and installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.

('2') The secondary containment system must:

('i') contain hazardous substance leaked from the primary containment until it is detected and remediated;

('ii') prevent the release of hazardous substance;

('iii') be designed and constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec or less;

('iv') be designed, installed and operated to prevent any migration of hazardous substances out of the system to the environment;

('v') allow for detection and collection of spills and accumulated liquids until the collected material is removed;

('vi') be constructed of or lined with materials that are compatible with the hazardous substances to be placed in the tank system. The materials must have sufficient strength and thickness to prevent failure due to pressure, physical contact with the materials to which it is exposed, climatic conditions, and the stresses it is subject to during normal operation; and

('vii') be placed on a foundation or base capable of providing support to the secondary containment system, and preventing failure due to settlement, compression or uplift.

('3') Standards for double-walled tanks. Double-walled tanks must be designed, constructed, and installed in accordance with the following:

('i') the outer wall must contain a spill from any portion of the inner wall and must enclose the entire primary tank;

('ii') the tank must be designed so that monitoring of the interstitial space for tightness can be readily performed;

('iii') the tank must be designed so that a failure of the inner wall can be detected and to allow for the monitoring of leaks as specified in subparagraph 2.3(c)(2)(i) of this Part;

('iv') there must be no penetrations of any kind through the outer wall into the tank, except top entry manholes and fittings required for filling and emptying the tank, venting the tank, or monitoring the tank;

('v') the outer wall must be resistant to punctures and protected from corrosion in a manner consistent with clause ('b') of this subparagraph; and

('vi') the outer wall must be designed to contain an inert gas or liquid at a pressure greater than the maximum internal pressure of the inner wall.

('4') Standards for vaults. Vaults used as secondary containment must be designed, constructed, and installed in accordance with the following:

('i') the vault must be able to contain at least 100 percent of the capacity of the largest tank within its boundary;

('ii') the vault must surround the tank completely (for example, it is capable of preventing lateral as well as vertical migration of the hazardous substances being stored).

('iii') the vault must be liquid-tight, impervious to leakage of hazardous substances, and able to prevent the interference of precipitation and groundwater intrusion;

('vi) the vault must be compatible with the substance in storage, and able to withstand chemical deterioration and structural stresses from internal and external causes;

('v') The vault must be a continuous structure with a chemical resistant water stop used at all joints. 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 hazardous substances which may leak into the vault; and

('vi') The tank or tanks within the vault must be supported, backfilled or bedded in a manner consistent with generally acceptable engineering practices.

('5') Standards for synthetic liners. Synthetic liners used as secondary containment must be designed, constructed, and installed in accordance with the following:

('i') the liner must be able to contain at least 100 percent of the capacity of the largest tank within its boundary;

('ii') the liner must surround the tank completely (for example, it is capable of preventing lateral as well as vertical migration of the hazardous substances being stored).

('iii') the liner must be able to prevent the interference of precipitation and groundwater intrusion;

('iv') the liner must be compatible with the substance in storage, be at least 60 mils in thickness and not deteriorate in an underground environment for the life of the tank system. Since some chemicals will readily diffuse through a synthetic liner, the liner used must have been tested and found resistant to diffusion of the substance stored;

('v') the expected useful life of the liner must be specified in the spill prevention report;

('vi') all punctures, tears or inadequate seams in the liner must be repaired in accordance with the manufacturer's instructions prior to backfilling; and

('vii') the liner must be installed with a slope to the sump of at least one quarter of an inch per foot.

(2) Piping requirements. Piping must be compatible with the substance(s) stored and be protected from or resistant to all forms of internal and external wear, vibration, shock and corrosion. Piping must be free of leakage, structurally sound, properly supported under all operating conditions, and protected from fire, heat, vacuum, and pressure which would cause the system to fail. Piping must be designed and installed to prevent damage from expansion, jarring, vibration, contraction, and frost. The expected useful remaining life of the system must be specified in the spill prevention report.

(i) Category 1 piping requirements. Category 1 piping that is in contact with the ground must have met all piping requirements in accordance with subparagraph (ii) of this paragraph by December 22, 1998. Category 1 aboveground piping must have met all piping requirements in accordance with clauses (ii)('a') through ('c') of this paragraph by December 22, 1999.

(ii) Category 2 piping requirements.

('a') Piping design and construction standards

(1) Category 2 piping must be designed and constructed in accordance with one or more of the following:

(i') ULC-C107.7;

('ii') ASTM D2996-88; (see section 1.16 of this Part); or

('iii') a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.

(2) Adequate provisions must be made to protect all exposed piping from damage that might result from moving machinery such as forklifts, automobiles and trucks.

('3') Joint compounds and gaskets must be compatible with the substance(s) stored.

('4') Piping must contain shut-off valves located adjacent to pump or compressor connections.

('5') Flexible connectors, elbows, loops, expansion chambers, or other equipment must be installed singularly, or in combination, to allow for movement and prevent damage from water hammer.

('6') Piping that carries liquid hazardous substances which expand upon freezing must be protected from freezing or must have provisions to prevent rupture due to freezing of the hazardous substance.

('7') Refrigerated piping must be constructed of materials suitable for the operating conditions in the tank system.

('8') Piping which employs screw-type fittings must be provided with means to prevent leakage from these fittings.

('b') Corrosion protection.

(1) Piping in contact with the ground and subject to corrosion must be protected from external corrosion by one of the following:

('i') corrosion resistant materials; or

('ii') a cathodic protection system.

(2) Cathodic protection must consist of one or a combination of the following:

('i') sacrificial anodes and coating;

('ii') impressed current; or

('iii') another method that is designed and installed in accordance with a code of practice (including API 1632 or NACE RP-01-69) developed by a nationally recognized association or independent testing laboratory and approved by the department.

('3') The corrosion protection system must be designed and constructed by a qualified engineer or corrosion specialist and must be designed to provide a minimum of 30 years of protection against external corrosion. The engineer or specialist must supervise the installation of all field fabricated protection systems and prefabricated systems to assure that the system has been installed as designed.

('4') Piping which is protected by cathodic protection other than impressed current must be electrically insulated from the tank unless the cathodic protection has been designed to protect the tank and piping. This insulation must be provided by dielectric fittings, bushings, washers, sleeves or gaskets which are chemically stable when exposed to the stored substances or corrosive soil.

('5') The cathodic protection system must be installed with a monitor or monitoring port that allows for annual review of the adequacy of the cathodic protection.

('6') Piping must be isolated from, or protected against sources of stray electric current which include underground cables, electric machinery, railroad systems and electrical grounding rods.

('7') Tank and piping connections of two dissimilar metals which together create a corrosion-inducing galvanic cell are prohibited.

('8') External coatings must be fiberglass-reinforced plastic, epoxy, or any other suitable dielectric material with a minimum thickness of 10 mils after curing. The coating must be factory-applied, or equivalent and have a coefficient of thermal expansion compatible with that of steel and be firmly bonded to the steel. It must be of sufficient strength and density to form a hard, impermeable shell that will not crack, wick, wear, soften, flake or separate and must be non-corrodible under adverse underground electrolytic conditions. The application of the coating must be in strict accordance with the instructions of the supplier of the coating material.

('9') Coatings must be inspected for air pockets, cracks, blisters, and pinholes, and must be electrically tested for coating short circuits or coating faults. Any defects must be repaired in accordance with the manufacturer's instructions prior to installation.

('c') Secondary containment for piping in contact with the ground.

('1') All Category 2 piping in contact with the ground must be installed with secondary containment or other acceptable means of detecting leakage and preventing it from entering the environment. This must consist of one of the following:

('i') double-walled piping in accordance with subclause ('3') of this clause;

('ii') a synthetic trench liner in accordance with subclause ('4') of this clause; or

('iii') another method that is designed and installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and approved by the department.

('2') The secondary containment system must:

('i') contain hazardous substance leaked from the primary containment until it is detected and remediated;

('ii') prevent the release of hazardous substance;

('iii') be designed and constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec or less;

('iv') be designed, installed, and operated to prevent any migration of hazardous substances out of the system at any time during the use of the piping;

(v') allow for detection and collection of spills and accumulated liquids until the collected material is removed;

(vi) be constructed of or lined with materials that are compatible with the hazardous substances to be placed in the piping. The materials must have sufficient strength and thickness to prevent failure due to pressure, physical contact with the materials to which it is exposed, climatic conditions, and the stresses it is subject to during normal operation;

(vii) be placed on a suitable foundation which prevents failure due to settlement, compression or uplift;

(viii) be sloped or otherwise designed and operated to drain and remove liquids resulting from leaks, spills and precipitation. Spilled or leaked substances must be removed from the secondary containment system within 24 hours. If the owner or operator can demonstrate that removal of the spilled or leaked substance, or accumulated precipitation cannot be accomplished within 24 hours, then it must be removed in as timely a manner as possible to prevent harm to human health and the environment; and

('ix') have a leak detection system that is designed, installed, and operated so that it will either detect the failure of the primary containment structure or the presence of any spill or leak of hazardous substance or accumulated liquid in the secondary containment system within two hours.

('3') Double-walled piping. If the secondary containment system consists of double-walled piping, the piping must be constructed in accordance with the following:

('i') outer walls of double-walled piping must be protected from corrosion in accordance with clause ('b') of this subparagraph;

('ii') the outer wall must contain a spill from any portion of the inner wall and must enclose the entire primary piping;

('iii') the outer wall must be designed so that a failure of the inner wall can be detected and to allow for the monitoring of leaks as specified in subparagraph 2.3(c)(2)(i) of this Part; and

('iv') the outer wall must allow for safe venting of vapors.

('4') Synthetic trench liners. Synthetic liners used as secondary containment must be designed, constructed, and installed in accordance with the following:

('i') the liner must surround the piping completely (for example, it is capable of preventing lateral as well as vertical migration of the hazardous substances being stored).

('ii') the liner must be able to prevent the interference of precipitation and groundwater intrusion;

('iii') the liner must be compatible with the substance in storage, be at least 60 mils in thickness and not deteriorate in an underground environment for the life of the tank system. Since some chemicals will readily diffuse through a synthetic liner, the liner used must have been tested and found resistant to diffusion of the substance stored;

('iv') the expected useful life of the liner must be specified in the spill prevention report;

('v') all punctures, tears or inadequate seams in the liner must be repaired in accordance with the manufacturer's instructions prior to backfilling; and

('vi') the liner must be installed with a slope to the sump of at least one quarter of an inch per foot.

('d') Aboveground piping requirements.

('1') Unless constructed of a corrosion resistant material, the exterior surfaces of aboveground piping must be protected from corrosion. The surface must be prepared to a SSPC SP #6 blast, (see section 1.16 of this Part), or equivalent, and be protected by an inhibitive primer coat, intermediate inhibitive and two or more final coats of paint, or have an equivalent or more protective surface coating or protective system designed to prevent corrosion and deterioration.

('2') All Category 2 permanent aboveground piping greater than two inches in diameter must have welded or flanged connections or be plastic lined metal piping with flared end connections. Screwed connections are not acceptable where the threads are exposed to hazardous substances flowing within the piping. This does not apply to piping components such as gauges and instruments not normally available in flange connections.

('3') Piping passing through dike walls must be designed to prevent excessive stresses as a result of settlement or fire exposure.

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

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

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

('b') alert the person responsible for transfer activities when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm;

('c') automatically by-pass to an overflow tank if the overflow tank is equipped with overflow protection or other equivalent systems for preventing overfills;

('d') restrict flow 30 minutes prior to overfilling so that none of the fittings located on top of the tank are exposed to hazardous substance due to overfilling;

('e') alert the person responsible for transfer activities with a high-level alarm one minute before overfilling so that none of the fittings located on top of the tank are exposed to hazardous substance due to overfilling (note: vent whistles cannot be used as high-level alarms); or

('f') automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to hazardous substance due to overfilling.

(ii) The overfill prevention equipment must be appropriate for the type of delivery made to the UST system and all other tank system equipment installed.

(iii) Flow restrictors in vent lines may not be installed, and existing flow restrictors may not be repaired or replaced, to comply with the requirements of subparagraph (i) of this paragraph after October 13, 2015.

(4) Transfer station secondary containment and spill prevention equipment.

(i) Secondary containment for transfers. Transfer of hazardous substances must take place within a transfer station equipped with a permanently installed secondary containment system. This containment system must:

('a') be capable of containing leaks and spills which are likely to occur during the transfer, including leaks or spills from connections, couplings, vents, pumps, valves, hose failure, or overturning of a container. Open-ended fill pipes must be located within the secondary containment system;

('b') be designed and constructed with a permeability rate to the substance(s) transferred of less than 1 x 10-6 cm/sec. Properly designed concrete which has water stops on all seams and is compatible with the substance(s) stored or other equivalent or superior material satisfies this requirement;

('c') be designed, installed, and operated to prevent any migration of hazardous substances out of the system before cleanup. The system is not required to be designed to contain the gaseous component of a spill; ('d') be constructed, coated, or lined with materials that are compatible with the substances to be transferred and the environment. The system must have sufficient strength and thickness to withstand wear, hydrostatic forces, frost heaving and weathering. The system must support any vehicle brought into the transfer station, and must have a foundation which prevents failure due to settlement, compression, or uplift;

('e') be equipped with a sump and a manually controlled pump or siphon, manually controlled dike valve, or any other manually controlled drainage system to permit the drainage of liquids resulting from leaks, spills, and precipitation. Control of the pump, siphon or valve must be possible from outside of the diked area. All drainage systems must be locked in a closed position when a transfer of a hazardous substance is in progress. Spilled or leaked substances must be removed from the containment system within 24 hours; and ('f') contain the volume of any leak or spill likely to occur at the transfer station. 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.

('g') Stormwater must be pumped from slop tanks and catch tanks to allow for the containment of the volume required by clause ('f') of this subparagraph.

(ii) Spill prevention at pumps and valves. The owner or operator must prevent spills and leaks at all pumps and valves by using at least one of the following methods:

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

('b') 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 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

('c') 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.

(5) Valves and couplings. UST systems must be equipped with valves and couplings which meet the following:

(i) any coupling or open-ended valve used for making a transfer must be located within the secondary containment system of the transfer station;

(ii) where a substance transfer pipe or fill pipe is not drained of liquid upon completion of a transfer operation, it must be equipped with a valve such as a dry disconnect shutoff valve which prevents discharges from the line;

(iii) where siphoning or back flow is possible, fill pipes must be equipped with a properly functioning check valve, siphon break or equivalent device or system which provides automatic protection against backflow; and

(iv) each tank connection through which a hazardous substance can normally flow must be equipped with an operating valve or other appropriate means to control such flow, which must have the proper capacity and control characteristics. They must also have a proper mechanical balance for the application so that they are capable of shutting off flow against the operating pressure and capable of being manually controlled or have fail-safe features which operate in the event of a power loss.

(6) Venting.

(i) All tanks must be protected from over-pressurization and excessive vacuums such as those that may be caused by operator error, filling, emptying, atmospheric temperature changes, pumping, refrigeration, heating and fire exposure. Protection must be provided by one or a combination of the following means:

('a') vents;

('b') rupture discs;

('c') pressure/vacuum relief devices;

('d') controllers;

('e') fail-safe vessel designs; or

('f') other means determined by a qualified engineer.

(ii) If a pilot-operated relief valve is used, it must be designed so that the main valve will open automatically and will protect the tank in the event of failure of the pilot valve or another essential functioning device.

(iii) Open vents must be provided with a flame-arresting device, if used on a tank containing a flammable hazardous substance or if used on tanks containing a hazardous substance that is heated above its flash point.

(iv) All vent discharge openings must be designed and constructed to prevent interference of operation due to precipitation.

(v) Discharge from vents must not terminate in or underneath any building if the discharge could pose a fire, health or safety problem.

(vi) All vents must have provisions for draining any condensate which may accumulate.

(vii) Vents must be arranged so that the possibility of tampering will be minimized.

(viii) Vents must have direct contact with the vapor space of the tank.

(ix) The capacity of the vent must not be restricted below design.

(x) Tanks fitted with relief valves must not be equipped with an isolation valve below the relief valve unless two or more relief valves are provided and isolation valves are interlocked.

(xi) All cooled tanks with sealed double-wall construction must have a pressure relief valve on the outer wall in addition to a pressure relief valve or safety disk on the inner tank.

(xii) All atmospheric tanks and all low-pressure tanks must be equipped with normal vents designed to accommodate:

('a') inbreathing resulting from maximum outflow of hazardous substances from the tank;

('b') inbreathing resulting from contraction of vapors caused by maximum decrease in atmospheric temperature;

('c') outbreathing resulting from maximum inflow of hazardous substances into the tank and maximum evaporation caused by such inflow; and

('d') outbreathing resulting from expansion and evaporation that result from maximum increase in atmospheric temperature (thermal breathing).

(xiii) Normal vents may consist of a pilot-operated relief valve, a pressure relief valve, a pressure-vacuum valve, a conservation vent, an open vent or an equivalent device or a combination of devices.

(7) Pressure, vacuum, and thermal monitoring.

(i) All tanks subject to failure due to pressure or vacuum must be provided with pressure/vacuum gauges and pressure/vacuum controllers.

(ii) Thermal monitors, pressure/vacuum indicators, and their corresponding alarms must be provided for all tanks where a reaction may cause damage to the tank system or endanger human health, safety or the environment.

(iii) All heated or cooled tanks must be equipped with a temperature and pressure gauge and appropriate thermal controls.

(iv) Special precaution against overheating or overcooling must be provided for heated or cooled tanks in accordance with generally accepted engineering practices. Protection must be provided by one or a combination of the following means: temperature controllers, insulation, alarms, fail-safe cooling systems, material selection, or other means determined by a qualified engineer.

(8) Compatibility. Tank system equipment must be either made of or lined with materials that are compatible with the hazardous substance stored in the UST system.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-2.1

Adopted New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 10/17/2023