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NYSDEC PBS REGULATIONSHeating Oil Tanks

Central Office/Region 2

Division of Environmental Remediation

Bulk Storage Compliance Program

NISTM 2017 New York Storage Tank Conference

Saint Francis College, Brooklyn, NY

October 10, 2017

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PBS Regulations

Part 613 Structure

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Part 613 Structure

• Subpart 1: General Provisions

• Subpart 2: UST Systems Subject to Both Subtitle I

and Title 10 (USEPA & NYSDEC regulated)

• Subpart 3: UST Systems Subject Only to Title 10

(NYSDEC regulated)

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Part 613 Structure

• Subpart 4: AST Systems

• Subpart 5: Delivery Prohibition

• Subpart 6: Release Response and Corrective Action

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Structure of Subparts 2 - 4

Requirements for Subpart 2 Subpart 3 Subpart 4

Equipment .1 .1 .1

General Operations .2 .2 .2

Leak Detection/Inspection .3 .3 .3

Reporting, Investigation, and Confirmation

.4 .4 .4

Operator Training .5

Out-of Service Tanks and Tank Closure .6 .5 .5

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Subpart 1

General Provisions

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Applicability

Petroleum means:

• Crude oil and any fraction thereof

• Synthetic forms of certain oils, complex blends of

hydrocarbons, and petroleum mixtures are included

• Animal & vegetable oils and substances that are normally

gases are excluded

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Applicability

Petroleum mixture:

• 1% or more petroleum with

no hazardous substance

OR

• At least 70% petroleum with less than 30%

hazardous substance

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Applicability

Tank system means:

• Stationary device

• Designed to store petroleum

• Constructed of non-earthen materials that provide structural support

• Includes all associated piping and ancillary equipment

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Applicability

Tank system does not include:

• Dispenser system

• Septic tank system

• Surface impoundment, pit, pond, or lagoon

• Spill/overflow containment tanks expeditiously emptied after use

• Stormwater or wastewater collection system

• Flow-through process tank system

• Liquid trap/gathering lines related to oil/gas production

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Applicability

• Stationary device means a device that is not mobile

• Examples of stationary devicesinclude tank systems that arefixed or permanently in placeon foundations, racks,cradles, or stilts

• Devices that are non-stationary in design but are never moved may be stationary

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Applicability

Facility means:

• The property on which the tanks are located,

not the tanks themselves

• Even if there is more than one tank owner at a property,

all tanks may be considered one facility

• If unrelated businesses on the same property, then each

business may be considered a separate facility

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Applicability

Facility includes:

• One or more tank systems with combined storage capacity

>1,100 gallons

• Certain USTs >110 gallons

(Exception: All tanks storing used oil must comply with the PBS

regulations regardless of tank size)

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Applicability

Facility does not include:

• Heating oil tank systems ≤1,100 gallons used for on-premises

consumption*

• Operational tank systems

• Temporary tank systems

• Wastewater treatment tank system

• Tank systems ≤1,100 gallons storing motor fuel for non-commercial

purposes at a farm or residence*

*unless on a property that is otherwise a facility

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Temporary Tanks

Temporary tank system =

an AST that is installed and

intended for use on a property

for no more than 180

consecutive days during any

12-month period.

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Applicability

• UST system means:

• tank system that has 10% or more of its volume

beneath the surface of the ground, or

• is covered by materials

• AST system is opposite of UST system

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Subpart 2 Applicability

• Subpart 2 covers all UST systems that are part of a

facility not covered by Subpart 3

• Examples:

▪ Motor fuels (gasoline; gasoline/ethanol; diesel;

biodiesel; jet fuel; jet fuel (biofuel); aviation

gasoline)

▪ Used oil (not used as a substitute for heating oil)

▪ Kerosene (retail)

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Subpart 3 Applicability

Subpart 3 covers UST systems that are part of a facility where the UST system:

• Contains heating oil for on-premises consumption

• Has a design capacity of 1,100 gallons or less storing motor fuel at a farm or residence

• Is part of emergency generator at nuclear power plant

• Consists of a field-constructed tank

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Subpart 4 Applicability

Subpart 4 covers AST systems that are

part of a facility

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Tank System Categories

• Category 1 = tank installed before December 27, 1986

• Category 2 = tank installed from December 27, 1986

through October 11, 2015

• Category 3 = tank installed after October 11, 2015

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Registration Requirements

PBS Registration Fee Worksheet

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Heating-Oil Tanks

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UST or AST?

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UST or AST?

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UST or AST?

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UST or AST?

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UST or AST?

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UST or AST?

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UST or AST?

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UST or AST?

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Fully-Encased Tanks

Tanks in basements that are encased are USTs

Tanks above the surface of the floor and fully enclosed

within pre-fabricated secondary containment are ASTs

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SP3 Leak Detection

Category 1 USTs must be tightness tested annually and

the test report submitted to DEC.

Some exceptions:

- Any UST system having a tank that is encased in

concrete that has weep holes and is monitored at

weekly intervals.

- Any UST system monitored for leaks at weekly

intervals using a listed leak detection method.

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Weep Holes

Holes in the base of a concrete form encasing a tank may

be used to detect a leak from any portion of the tank. Holes

in the concrete form must be directly visible to an observer.

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Other Acceptable Methods for Category 1

UST Leak Monitoring

The methods are listed in Sections 3.3(c)(2) through (5)

of Subpart 613-3:

- Automatic tank gauging

- Vapor monitoring

- Groundwater monitoring

- Interstitial monitoring

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Automatic Tank Gauging (ATG)

The ATG system must be capable of detecting a leak of 0.2 gallon per hour. A probe permanently installed in the tank is connected to a monitor to provide information on product level and temperature. These systems calculate changes in product volume that can indicate a leaking tank. ATG systems operate in one of two modes: inventory mode and leak detection mode. In the leak detection mode, ATG systems can be set manually or automatically to perform a leak test. Manual leak tests are in-tank static tests and automatic leak tests are continuous in-tank leak detection tests.

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Automatic Tank Gauging Systems

Vendors can be found on the National Work Group on Leak

Detection Evaluations webpage. The link is

http://www.nwglde.org/methods/atgm.html

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Manual Gauging Unacceptable as Leak Monitoring

Types of gauges:

- Gauge stick

- Mechanical tank level monitor

- Electronic tank level monitor

Subpart 613-2, not Subpart 613-3, allows for manual tank gauging, but only for tanks up to 1,000 gallons in capacity. The minimum duration for the test is 44 hours (tank diameter 64”) or 58 hours (tank diameter 48”).

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Using Manual Gauging for Leak Detection

• A gauge reads at 1/8 inch increments;

the leak it can detect is 96 x 96 x 1/8

cubic inches = 5.0 gallons.

• Section 613-3.3 requires a leak

detection rate of 0.2 gallons per

hour (gph).

The time required for leak confirmation

is 5.0 gal : 0.2 gph = 25.0 hours.

During the test, there must be no

delivery, no discharge, and a constant

temperature.

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SP3 Equipment requirements

Category 2 and 3 USTs must meet the following

requirements:

- Tank corrosion resistance

- Tank secondary containment

- Tank leak monitoring

- Overfill prevention

- Piping corrosion resistance

- Piping leak monitoring

- As-built plans/drawings (more requirements for Cat. 3)

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Vaults as UST Secondary Containment Systems

Category 2 and 3 tank systems must have secondary

containment.

For Category 2, if a vault is used for secondary

containment, the vault must be:

• water tight, impervious to leakage of petroleum

• continuous structure with a chemical-resistant water stop

used at any joint

• no drain connections or other entries through the vault

except for top entry manholes or openings for filling,

emptying, venting, monitoring and pumping of petroleum

which may leak into the vault.

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SP4 Inspection requirements

All ASTs must be inspected monthly including:

• Tank and tank equipment

• Cathodic protection

• Leak detection

• Piping

Every 10 years, Cat 1 ASTs resting on-grade without

impermeable barrier under the tank must be

• internally inspected or

• tightness tested

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SP4 Equipment requirements

Category 2 and 3 ASTs must meet the following

requirements:

- Welded steel (except for Class IIIB liquids)

- Surface coating

- Cathodic protection for a tank resting on soil

- Impermeable barrier for a tank on grade

- Leak monitoring between the tank and the barrier

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SP4 Secondary Containment Systems

ASTs with design capacity of 10,000 gallons or more,

secondary containment must be able to

• contain petroleum leaked from any portion of the AST

until it is detected and removed, and

• prevent the release of petroleum.

ASTs with design capacity of less than 10,000 gallons and

within 500 horizontal feet to sensitive receptors (including a

storm drain) is required to either:

• have secondary containment or

• utilize a design/technology such that a release is not

reasonably expected to occur.

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Out-of-service and Closure Requirements

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UST and AST out-of-serviceWhen a tank system is out-of-service, the facility must continue:

• operation and maintenance of corrosion protection

• Leak detection and inspections unless tank is empty

When a tank system is out-of-service for three to twelve months, the facility must also:

• Leave vent lines open and functioning; and

• Cap and secure all other piping, ancillary equipment, and manway.

USTs out-of-service for more than 12 months must be closed.

ASTs out-of-service for more than 12 months must be closed unless there are other active tanks at the facility

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UST Permanent Closure

• At least 30 days before beginning permanent closure, the

facility must notify the Department of its intent to

permanently close the tank.

• Within 30 days after permanent closure, the facility must

submit a registration application to DEC, indicating that

the UST system has been permanently closed.

• A UST system that is permanently closed must be either

removed from the ground or filled with an inert solid

material (such as sand or concrete slurry).

• The facility must submit a copy of records demonstrating

compliance with closure requirements under Subpart

613-3.

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AST Permanent Closure

• At least 30 days before beginning permanent closure, the

facility must notify the Department of its intent to

permanently close the tank.

• Within 30 days after permanent closure, the facility must

submit a registration application to DEC, indicating that

the AST system has been permanently closed.

• Every AST system that is permanently closed must be

removed or be protected from flotation and stenciled with

the date of permanent closure.

• The facility must submit a copy of records demonstrating

compliance with closure requirements under Subpart

613-4.

4848

How to comply

with the

PBS Regulations

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How to Comply with the PBS Regulations

Use the PBS inspection form, available on the DEC

website

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How to Comply with the PBS Regulations

For SP3 USTs, page 6 of the PBS inspection form applies

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How to Comply with the PBS Regulations

For SP4 ASTs, page 7 of the PBS inspection form applies

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How to Comply with the PBS Regulations Link to the DEC database http://www.dec.ny.gov/cfmx/extapps/derexternal/index.cfm?pageid=4

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How to Comply with the PBS RegulationsSearch by the PBS number or address

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How to Comply with the PBS RegulationsFacility information

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How to Comply with the PBS RegulationsTank information

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How to Comply with the PBS Regulations Conduct a self-assessment looking for:

• No spills observed

• Fill ports color coded

• Annual tightness test records for Category 1 USTs

• Annual corrosion protection system test reports

• Category 2 or 3 UST fill port label present

• As-built drawings (UST Category 2 and 3)

• Category 2 or 3 UST overfill prevention device present

and operational (shut-off valve not tampered with a stick,

high-level alarm audible or visible)

• UST weekly leak detection records (interstitial, ATG)

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How to Comply with the PBS Regulations

Self-assessment continued:

• AST monthly inspection records

• AST properly labeled

• Closed AST properly marked

• Ten-year inspection or tightness test reports for certain

Category 1 AST systems

• Secondary containment present, if required, and

maintained

• Tank closure records (work order, receipt, affidavit)

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How to Comply with the PBS Regulations

Certificate posted

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How to Comply with the PBS Regulations

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Common Violations

Inaccurate registration information

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Common Violations

Expired registration or inaccurate ownership

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Common Violations

Color coding

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Common ViolationsAs-built Information Records

Missing items:

Category 2 tank

- registration ID - fill port

Category 3 tank

- registration ID

- physical dimensions

- piping installation date each port

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Common Violations

Insufficient monthly inspections

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Common Violations

Fill port maintenance

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Common Violations

External protection

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Common Violations

Access to tanks

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Common Violations

Secondary containment system

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Common Violations

Leaks

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Some Recommendations

Vents

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Some Recommendations

Fill ports

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Heating-Oil Delivery

• Immediately prior to a delivery, the carrier must

determine that the UST or AST has available working

capacity to receive the volume of petroleum to be

delivered.

• Every aspect of the delivery must be monitored and

immediate action must be taken to stop the flow of

petroleum when the working capacity of the UST or

AST has been reached or should an equipment failure

or emergency occur.

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Spill Reporting Requirements

A facility must report every spill to the Department’s Spill

Hotline (518-457-7362) within two hours after discovery

except where:

• It is known to be less than five gallons in total volume; and

• It is contained and under the control of the spiller; and

• It has not reached and will not reach the land or waters of

the State; and

• It is cleaned up within two hours after discovery.

A facility must report a suspected leak the Department as well;

a failed TTT, for example.

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Thank You

Russ Brauksieck

Russ.Brauksieck@dec.ny.gov

(518) 402-9553

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