On-Farm
Petroleum Storage
(Fact sheet in PDF format)
Are On-Farm Fuel Tanks Regulated?
If a farm has at least 1,100 gallons of capacity of petroleum storage, the farm needs to follow DEC and EPA regulations. This includes the total capacity on a site, such as all aboveground and underground tanks and any combination of petroleum products (gas and diesel). Separate heating oil tanks less than 1,100 gallons of capacity are not included in the total. However, they do need to comply with the regulations if the farm meets the 1,100 gallon total with other tanks.
Registration Requirements
If the total capacity of a petroleum storage system exceeds 1,100 gallons, the system must be registered with DEC. This registration must be renewed every 5 years. If a change in ownership occurs, the system must be re-registered within 30 days. Registration forms are available at all DEC offices and the fee for registering and renewing systems ranges from $100 to $500 depending on the total capacity. Following registration, the farm will receive a certificate that must be kept on premises. All new systems need to be registered before they are used.
Monitoring and Maintaining Underground Tanks
All underground petroleum storage tanks that are registered need to be monitored for leakage. If the tank has a gauge to measure the amount of fuel removed, a daily inventory record must be kept. This record should include all fuel use, deliveries, inventory on hand, and losses or gains. The records must be reviewed every 10 days to make sure that no unexplained fuel loss has occurred. If the tank has no gauge for measuring fuel used, a different system needs to be used to monitor the tank. This can include an annual tightness test to ensure that there is no leakage. All records must be maintained for at least 5 years.
At a minimum, regardless of the system used to monitor leakage, underground tanks need to undergo a tightness test once every 5 years (certain new tanks that are corrosion-resistant are exempt from this requirement). The test results need to be submitted to DEC within 30 days after the test. Contractors usually perform the test and prices can range anywhere from $500 to $1000. Most fuel companies can recommend a contractor to perform the test.
New underground storage tanks need to meet DEC standards, including having an approved secondary containment system. This can include installing either a double-walled tank or building an impermeable vault to house the tank. Additionally, the tank needs to be installed to meet the NYS Uniform Fire Prevention and Building Code requirements.
Monitoring and Maintaining Aboveground Storage Tanks
The owner or operator of an aboveground storage tank that is registered MUST inspect the tanks at least monthly. The inspection should include examining the outside of the tank for leaks or breakage, identifying and monitoring areas of concern on the tank such as areas of wear and making sure that all leak detection systems are functioning. Monthly reports need to be maintained for a period of 10 years.
All aboveground tanks need to be inspected every 10 years by a certified inspector. Tanks that are completely above ground and resting on stilts or racks, or that meet certain DEC requirements, are exempt from this requirement
All
aboveground tanks MUST also have a gauge which accurately measures
the level of the fuel in the tank. This gauge needs to be visible for the
fuel supplier to see.
Any aboveground tank with the potential to leak petroleum into NYS ground or surface water is required to have a secondary containment system. This system could include the use of dikes, liners, curbs, as well as other measures and must prevent any spills from entering the NYS water system. With any secondary containment system, measures must be taken to ensure that there is no buildup of rainwater in the containment area.
All new aboveground tanks need to meet certain specifications included within the DEC regulations and be labeled as being in compliance with these regulations.
Marking of fuel storage tanks
Fill pipes for all fuel storage tanks must be marked to identify the product inside the tank. The following marking colors and symbols to use are:
In the shape of a circle
High octane unleaded gas-red with white cross, middle octane unleaded gas-blue with white cross, lower octane unleaded gas-white with black cross, high octane leaded gas-red, middle octane leaded gas-blue, lower octane leaded gas-white, vapor recovery pipes-orange,
In the shape of a hexagon
On road diesel-yellow, Off-road diesel-yellow with a blue horizontal stripe, #1 fuel oil-purple with yellow bar, #2 fuel oil-green, kerosene-brown
A white border needs to be placed around the symbol for tanks holding fuel products that have extenders such as alcohol added to them.
What if there is a spill or leak?
Within two hours of discovering that a spill or leak has occurred, DEC must be contacted. Notification must be made by calling the telephone hotline (518) 457-7362.
Taking Tanks Out of Use
If a petroleum storage tank is no longer going to be used, DEC must be contacted 30 days before the tank will be out of service. Upon its closing, the tank must be free of sludge, sediment and petroleum vapors. Underground tanks must be filled with a solid substance or removed. A site assessment must also be done, as required by EPA regulations, for any underground tank over 1,100 gallons being taken out of service.
For more information contact the NY Farm Bureau office, the local DEC office or the DEC Spill Prevention and Bulk Storage Section at (518) 402-9553. A link to the DEC website on this topic, including the regulations can be found on the NY Farm Bureau website www.nyfb.org.
