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 facilities described under section 596.1(b) of this Title.

(c) Definitions.

The definitions found in section 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 [j] of this section).

(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 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 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 noncompliance. This assessment must be conducted in accordance with the requirements of section 598.10(e) of this Part and the results submitted to the department within time frames to be determined by the department.

(h) Tank systems subject to these regulations in the future.

Any existing tank system which becomes subject to these regulations in the future must comply with the requirements of this Part within the time frame specified or within two 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 of this Title. Any new equipment must comply with this Part and Part 599 of this Title when installed.

(i) Access to records and tank systems.

Any designated officer or employee of the department shall have the right of access as provided in section 596.1(e) of this Title.

(j) References.

Citations used in this Part refer to the publications listed in this subdivision. These publications are available for inspection at the Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7020. 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 1990, American Petroleum Institute Publishers, 1220 L Street NW, Washington, DC 20005.

(2) API 650 means American Petroleum Institute Specification 650, Welded Steel Tanks for Oil Storage, 9th Edition, 1993, 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, 1991, American Petroleum Institute Publishers, 1220 L Street NW, Washington, DC 20005.

(4) API 652 means American Petroleum Institute Specification 652, Lining of Aboveground Petroleum Storage Tank Bottoms, 1991, American Petroleum Institute Publishers, 1220 L Street NW, Washington, DC 20005.

(5) API 1615 means American Petroleum Institute Specification 1615, Installation of Underground Petroleum Storage Systems, 1987, with 1989 supplement, American Petroleum Institute Publishers, 1220 L Street NW, Washington, DC 20005.

(6) API 1632 means American Petroleum Institute Specification 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, 1987, American Petroleum Institute Publishers, 1220 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 Grouse 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 Grouse 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, TX 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, TX 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 Grouse 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 Grouse 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 Grouse 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, DC 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, DC 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, DC 20402.

(k) Spill prevention report.

(1) By August 11, 1996, 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. 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 tank systems and transfer stations;

(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:

(a) required to be reported under State or Federal law; and

(b) 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 598.14 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 appendix 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 of this Title.

(4) Where the owner or operator is required to perform a site assessment pursuant to subdivision (g) of this section or section 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:

(1) identify the applicable provision of this Part; and

(2) 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.