N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-5.1

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

Section 598-5.1 - Circumstances and process for imposing a delivery prohibition

(a) Tier 1 conditions.

(1) When the department finds that a Tier 1 condition exists at a facility, the department will attach a tag to every fill port of the relevant tank system.

(2) At the time that it attaches a tag, the department will provide to the facility owner, tank system owner, or operator, if one is present, a written notification of the imposition of delivery prohibition identifying the relevant condition(s) at the facility. Otherwise, the department will then send the written notification via certified mail or personal service to the correspondence address listed in the current facility registration or license within five business days following the time that the tag is attached.

(3) The following are tier 1 conditions:

(i) A tank system is known to be releasing a hazardous substance. If the source of the release cannot be determined upon inspection, then a tag will be attached to every fill port of all tank systems that are probable sources of the release.

(ii) A UST system is missing one or more of the following equipment:

('a') secondary containment equipment required under clauses 2.1(b)(1)(ii)('c') or 2.1(b)(2)(ii)('c') of this Part;

('b') transfer station secondary containment required under paragraph 2.1(b)(4) of this Part;

('c') overfill prevention equipment required under paragraph 2.1(b)(3) of this Part;

('d') valves required under paragraph 2.1(b)(5) of this Part;

('e') corrosion protection equipment required under clauses 2.1(b)(1)(ii)('b') or 2.1(b)(2)(ii)('b') of this Part; or

(f) leak detection equipment required under item 2.1(b)(2)(ii)('c')('2')(nx') or subdivisions 2.3(a) or (b) of this Part.

(b) Tier 2 conditions.

(1) When the department finds that a tier 2 condition exists at a facility, the department may attach a tag to every fill port of the relevant tank system.

(2) Prior to attaching a tag, the department will send a written statement identifying the relevant condition(s) at the facility. The department will send the written statement via certified mail to the correspondence address listed in the current facility registration.

(3) At the time that it attaches a tag, the department will provide to the facility owner, tank system owner, or operator, if one is present, a written notification of the imposition of delivery prohibition identifying the relevant condition(s) at the facility. Otherwise, the department will then send the written notification via certified mail to the correspondence address listed in the current facility registration within five business days following the time that the tag is attached.

(4) The following are tier 2 conditions:

(i) The results of monitoring/testing required by subdivision 2.2(d) of this Part, leak detection required by subdivisions 2.3(a) and (b) or 3.3(a) and (b) of this Part, or inspections required by subdivisions 2.2(f) or 3.2(c) of this Part, indicate that the tank system may be leaking a hazardous substance or would not contain a leak if one were to occur, unless documentation acceptable to the department is submitted within ten days after receipt of the department's statement issued in accordance with paragraph (2) of this subdivision, demonstrating that the relevant tank system is not leaking or has been appropriately repaired.

(ii) With respect to the operation of a UST system, compliance with the following standards is not demonstrated within 30 days following receipt of the department's statement issued in accordance with paragraph (2) of this subdivision:

('a') spill and overfill prevention operating standards under subdivisions 2.2(b), (c), or (d) of this Part;

('b') cathodic protection operating standards under subdivision 2.2(g) of this Part; or

('c') applicable leak detection methods under subdivisions 2.3(c) or (d) of this Part.

(iii) An AST system is missing one or more of the following equipment and installation of the missing equipment is not documented to the department within 30 days after receipt of the Department's statement issued in accordance with paragraph (2) of this subdivision:

('a') secondary containment equipment required under clauses 3.1(b)(1)(i)('c') or 3.1(b)(1)(ii)('c') of this Part;

('b') transfer station secondary containment required under paragraph 3.1(b)(4) of this Part;

('c') overfill prevention equipment required under paragraph 3.1(b)(3) of this Part;

('d') valves required under paragraph 3.1(b)(5) of this Part

('e') corrosion protection equipment required under clauses 3.1(b)(1)(i)('b'), 3.1(b)(1)(ii)('b'), 3.1(b)(2)(i), or 3.1(b)(2)(ii) ('b') of this Part; or

('f') leak detection equipment required under clause 3.3(b)(1)(ii)('b') of this Part and paragraph 3.3(b)(2) of this Part.

(c) The department may issue the written finding that a Tier 1 or Tier 2 condition exists, in accordance with paragraph (a)(2) or (b)(3) of this section, but withhold the imposition of delivery prohibition for a period that may not exceed 180 days, where:

(1) there is no evidence that the tank system is leaking; and

(2) imposing the delivery prohibition would jeopardize public health or safety or the availability of, or access to, fuel in a rural and remote area.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-5.1

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