New York State DEC Oil Tank Regulation Changes

Published: Fri, 06/09/17

E-NEWS

List of Services

• Licensed Professional Engineers

• RPZ Design & Filing Services

• NYC Department Of Building Filing Services For Boilers, Burners, Oil Tanks, Plumbing, HVAC and Other Mechanical Equipment

• NYC Department OF Environmental Protection (DEP) Filing Services

• Engineers Specifications For Boiler Room and HVAC Equipment

• Boiler Room and Heating System Engineering and Design

•Boiler Testing and DEP Performance Testing

• Special Inspections (Agency #851)

• Construction Management

• Expert Testimony

• NYS DEC Filing services

To Our Valued Clients:

Re: New York State DEC Oil Tank Regulation Changes

New York Engineering Associates (NYEA) has been informed that the NYS Department of Environmental Conservation (DEC) has started enforcing regulatory changes (see 6 NYCRR 613) adopted in 2015 that affect petroleum bulk storage (PBS) tanks, which include indoor wrapped tanks on the lowest floor of buildings.

The major regulatory change made by DEC is in the definition of underground storage tanks (UST). The new definition of UST includes a tank that has 10% or more of its volume (inclusive of piping) beneath the ground or covered by materials (i.e. wrapped oil tank). These tanks were formerly considered above ground storage tanks (ASTs) in the previous DEC code.

Thus, any tank that is above ground but encased in concrete, even if just the bottom portion of the tank, is now defined as a UST, which brings additional compliance obligations that include leak monitoring, a log book of monitoring results, monthly checks of the monitoring system, specific labeling and color-coding of ports and pipes, an amended tank registration, pipe monitoring and tightness testing, and operator training requirements.

Tank installations have been divided into three categories.

Category 1 - any tank system installed before December 27, 1986.
Category 2 - any tank system whose tank was installed from December 27, 1986 to October 11, 2015
Category 3 - any tank system whose tank was installed after October 11, 2015

For Category 1 tanks, “weep holes” in a concrete wrapping is sufficient to monitor for leaks as long as the tank is monitored at weekly intervals. Additionally, the presence of weep holes should exempt the tank and its piping from yearly tightness tests as long as the tank is monitored on a weekly basis. “Weep holes” in a concrete encasement is insufficient, however, in meeting the monitoring requirements for USTs for category 2 and 3 tank installations. The particular compliance requirements depend on the specifics of the tank system and its installation date.

For every Category 2 and 3 tanks, the facility must maintain a drawing showing the location of certain features of the UST system. This as-built drawing must be maintained by the owner. Although these drawings are not required to be sealed by a P.E., NYEA can help generate these drawings for a specific oil tank system as required by the NYS DEC. Category 1 tanks are exempt from this requirement.

Additionally for Category 2 & 3 tanks, since wrapped tanks are considered to be UST’s, all UST’s must have secondary containment. This means that in many situations, a dike wall must be built for secondary containment. This dike wall must be impervious to the leakage of petroleum and within this dike wall, a leak detection system must be installed to alert building personnel of a possible fluid leak. Although, other methods of leak detection are accepted by the DEC, an electronic leak monitoring system seems to be the most viable option for oil tanks in NYC.

The particular definitions and respective compliance requirements for USTs and ASTs, as well as the tank size thresholds that trigger applicability, can be found in the DEC regulations. The UST regulations (6 NYCRR 613-2 and 613-3) apply to any underground (as defined) tank or system with a capacity of more than 110 gallons; but where the tank is used only for "on-premises consumption" (i.e., heating the building in which the tank sits), the threshold is 1,100 gallons or more. The AST regulations (6 NYCRR 613-4) apply to any above ground (as defined) tank or system with an individual or combined capacity of more than 1,100 gallons. There is no “grand-fathering” of existing tanks under the old definitions, so compliance is required despite no subsequent work being done on the tank.

If you have any questions please contact our office and refer to E-News No. 2017-001, dated 6/2/17.

New York Engineering Associates, P.C. / [email protected] / http://www.nyeapc.com

Disclaimer: The services provided by New York Engineering Associates, P.C., its officers, managers or employees are non-legal services. As such, the protection of the attorney-client relationship does not exist with respect to the services provided. The information contained in the above Newsletter is the opinion of the writer and his/her interpretation of the various NYC Construction Codes, NYC Department of Environmental Protection, NYS Department of Environmental Conservation and/or other Laws referenced therein. It is also based on information that we have been provided. Although every effort was made to provide for a complete and thorough analysis, neither New York Engineering Associates, P.C., nor any of its officers, managers or employees guarantees the accuracy of any information contained herein. Reliance upon the information contained herein is entirely at your own risk. As this opinion is only for advisory, the final decision is the responsibility of the designated authority charged with the administration and enforcement of said codes.

New York Engineering Associates, P.C., 270 Spagnoli Road, Ste.204, Melville, NY 11747