N.Y. Comp. Codes R. & Regs. tit. 6, § 598-3.6 – Out-of-service aboveground tank systems and closure.

(1) An AST system is out of service if:
1. (i) the facility owner (or their authorized representative) takes the tank system out of service by submitting an application to the department, in accordance with section 598-1.14(a)(5) of this Part, indicating that the tank system is out of service; or
2. (ii) the tank system is no longer receiving or dispensing a hazardous substance, unless the tank system is used for standby storage or is part of a closed-loop system. Records explaining why a tank system that no longer receives or dispenses hazardous substance is not out of service, must be retained until the tank system is permanently closed and made part of the spill prevention report. Within 30 days after the tank system becomes out of service, the facility owner (or their authorized representative) must submit an application to the department, in accordance with section 598-1.14(a)(5) of this Part, indicating that the tank system is out of service.
(2) Out-of-service AST systems are still subject to all applicable requirements of this Part, with the exception of periodic inspections and leak detection required under sections 598-3.2(c), 3.3(a) and (b) of this Subpart, respectively, if the AST system is empty. (An AST system is considered empty when all hazardous substance has been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue remain in the AST system.)
1. (i) The suspended requirements of sections 598-3.2(c), 3.3(a) and (b) of this Subpart must resume in accordance with the original schedule when the AST system is returned to service. However, if the AST system has been out of service such that any of the next periodic inspections or leak detection was not conducted in accordance with the original schedule, the inspections and leak detection must be performed when the AST system is returned to service.
2. (ii) For AST systems taken out of service due to repairs (in response to a leak), the repair and subsequent testing requirements of section 598-3.2(d) of this Subpart must be successfully completed before the AST system is returned to service.
(3) When an AST system is out-of-service for 30 or more days, the following must be performed:
1. (i) the tank must be emptied so that no more than 2.5 centimeters (one inch) of residue remains. Any hazardous waste that is removed from the tank system must be disposed of in accordance with all applicable State, local and Federal requirements. Tanks must be protected from floatation in accordance with generally accepted engineering practices;
2. (ii) vent lines must be left open and functioning; and
3. (iii) all piping, manways, fill ports, gauge openings, vapor returns, pump connections, and ancillary equipment must be capped and secured.
(4) AST systems that are out-of-service for more than one year must be inspected in accordance with section 598-3.3(c)(3) of this Subpart or tested in accordance with section 598-3.3(c)(1) and (d)(2) of this Subpart and determined to be structurally sound and tight before being returned to service.
(b) Permanent closure of tank systems.
To permanently close a tank system, the tank system must be meet the requirements of paragraph (1) of this subdivision or undergo a change-in-service in accordance with paragraph (2) of this subdivision.
(1) A tank system must be closed in accordance with the following:
1. (i) at least 30 days before permanent closure, the facility owner (or their authorized representative) must notify the department of this action, unless such action is in response to corrective action in accordance with Subpart 598-6 of this Part;
2. (ii) liquid and sludge must be removed from the tank system. Any removed hazardous waste must be transported and disposed of in accordance with all applicable State, local and Federal requirements;
3. (iii) the tank must be cleaned and rendered free of hazardous vapors. Provisions must be made for natural breathing of the tank to ensure that the tank remains free of hazardous vapors;
4. (iv) all piping must be disconnected and removed or securely capped or locked out or plugged. Manways must be securely fastened in place;
5. (v) tanks must be stenciled with the date of permanent closure;
6. (vi) if a tank is to be disposed of, it must be retested for hazardous vapors, rendered vapor free if necessary, cleaned of any residuals or sludge, and punched with holes or otherwise made unfit for storage; and
7. (vii) all tanks must be protected from floatation caused by flooding or high ground water level in accordance with generally accepted engineering practices;
8. (viii) secondary containment systems of permanently closed aboveground tank systems must have drainage for accumulated water or precipitation;
9. (ix) within 30 days after permanent closure, the facility owner (or their authorized representative) must submit an application to the department, in accordance with section 598-1.14(a)(6) of this Part, indicating that the AST system has been permanently closed.
(2) A tank system must undergo a change-in-service in accordance with the following:
1. (i) at least 30 days before permanent closure, the facility owner (or their authorized representative) must notify the department of this action, unless such action is in response to corrective action in accordance with Subpart 598-6 of this Part;
2. (ii) liquid and sludge must be removed from the tank system. Any removed hazardous waste must be transported and disposed of in accordance with all applicable State, local and Federal requirements;
3. (iii) the tank must be cleaned and rendered free of hazardous vapors. Provisions must be made for natural breathing of the tank to ensure that the tank remains free of hazardous vapors;
4. (iv) within 30 days after permanent closure, the facility owner (or their authorized representative) must submit an application to the department, in accordance with section 598-1.14(a)(6) of this Part, indicating that the AST system has been permanently closed.
  (c) Closure of tank systems abandoned prior to August 11, 1994.
  All tanks taken out-of-service, but still in or on the ground, prior to August 11, 1994 must be closed in accordance with the requirements of subdivision (b) of this section.

(a) Out-of-service AST systems.