Changes to the Aboveground Storage Tank (AST) Rules, effective August 1, 2024
Any pre-August 1, 2024 inspection for an existing customer is valid until four years from the date of the inspection, except if the owner changes suppliers. The tank must be inspected under the new rules before the first delivery. You must retain inspection sheets for four years to match the inspection interval (you should have at least one inspection record on file per tank you fill).
Clarifications and new definitions:
• NEW tank system/installation: installed after the effective date of revised Rules (August 1, 2024)
EXISTING tank system/installation: installed before revised Rules August 1, 2024.
• AST design standards and inspections DO NOT apply to Bulk Storage Tanks/Facilities; those are subject to federal SPCC Rules
• AST inspection standards DO NOT apply to ASTs storing used oil
• Skid Tanks that are mobile or semi-mobile ARE NOT ASTs and are not subject to Rules. If the tank is not moved within six months, it is considered an AST and is subject to these Rules.
The following are now required for new installations and will be required for existing tanks by August 1, 2030. This will be the most demanding requirement of the new Rules.
Tank Foundations must be concrete, 4 inches deep, and sized to exceed the tank's length and width dimensions by 10% (a carryover from 2017 Rules). All new tanks shall be installed on a foundation made of a single continuous pad or bolted slabs made of concrete, constructed to be at least 4 inches in depth, and sized to exceed the tank's length and width dimensions by a factor of 10 percent.
Fill and Vent Pipes must be constructed in compliance with NFPA Part 31, Sec 8.2.1.1 (Sched 40 steel or brass)
Piping and Fuel Lines that come into contact with earthen materials and/or concrete must be coated and sleeved to prevent corrosion and crushing.
Tank Legs must be 14 inches or less in length
Outdoor ASTs must be protected from ice/snow damage
All aboveground storage tank systems located at marinas shall comply with the secondary containment requirements.
Changes to Checklists: There are now three new checklists: Tanks installed before 8/1/24, New Installation Checklist, and Tanks installed after 8/1/24. You may no longer use the old checklists.
Changes to Aboveground Storage Tank (AST) Routine/New Customer Inspection Checklist
FOR TANKS INSTALLED BEFORE August 1, 2024
Added: Is the tank located in a flood-prone area? What is the year of the Tank Installation? How many tanks are in the tank system?
Added new classification for Yellow Tag Tanks
Yellow Tags were created in response to customers running out of oil because non-compliant tanks were red-tagged during the heating season. They are intended for tanks that are noncompliant with AST inspection standards but present a lower threat of releasing petroleum to the environment. A yellow tag designation allows conditional tank fills for a limited amount of time.
A yellow tag may only be for the following:
Tank is used for residential heating (tanks serving commercial buildings are not eligible).
The tank was installed before August 1, 2024; tanks installed after this date are not eligible.
Noncompliance is observed only for the following item(s) (a yellow tag shall not be issued for any other reason):
Tank piping or fuel lines that are in contact with concrete or earthen materials and are not coated or sleeved to prevent corrosion.
No functional overfill alarm on an outdoor tank; indoor tanks must have an overflow alarm.
Fill and/or vent pipe diameter too small.
Tank or tank legs have moderate rust and/or pitting; the tank has visible dents and bulges.
For double-walled tanks, failure of the inner wall is indicated by an interstitial leak indicator.
Visible evidence of a leak at the fill or vent pipe (top of the tank)
Once a yellow tag is issued, the tank may continue to receive fuel deliveries under the following conditions:
Fuel delivery is limited to 100 gallons per delivery.
Fuel delivery is completed at a slower fill speed than typical deliveries.
Fuel delivery may only be made until May 1 of the heating season.
How are yellow tags reported? How are they removed from the database?
Following the same protocol as reporting red tags, each yellow tag must be reported to ANR via submission to the state’s AST “Red Tag” database.
To remove a yellow tag from the database, contact ANR directly with information on what improvements have been made to the tank system to bring it into compliance.
Each issued yellow tag must be accompanied by photo documentation (phone photo is sufficient). Photos are not required to be submitted to the Agency but should be retained by the tank inspector along with the inspection checklist.
The tank inspector may issue yellow tags without ANR's pre-approval.
All yellow tags expire on May 1 of each heating season. Upon expiration, each yellow tag becomes a red tag; delivery of fuel to a yellow-tagged tank after the tag has expired is prohibited. Yellow tags cannot be renewed.
Yellow tagging is not required. A fuel company may use a yellow tag in lieu of a red tag for certain noncompliance items, but it is not required.
New Red Tag items for existing tanks:
All unused ports must be closed/plugged
Fill and Vent pipe must be made of metallic material (no PVC piping allowed)
Changes and Additions to:
Aboveground Storage Tank (AST) New Tank System Installation/First Fill Inspection Checklist
Is the entirety of the tank surface and legs free of any cracks, significant corrosion, pitting, rust, spores, dents, and bulges?
Does the tank have a shut-off valve within 12 inches of the AST fuel outlet? OR If the tank draws fuel from the top of the tank, is the shutoff valve installed before the fuel filter?
For tanks located in flood-prone areas, is the tank anchored to a concrete pad or alternative preapproved foundation, and is the vent pipe of sufficient length to extend above the projected flood level? This is not a new standard, but it will be enforced for new installations.
Compression fittings on the fill and vent pipes that have received a certificate of compliance from Underwriters Laboratories (UL) are now allowed.
Piping and Fuel Lines: any piping in contact with earthen material or concrete must be coated or sleeved to prevent crushing and corrosion.
Under the previous program, inspectors were required to fill out a new installation checklist after the installation and one after the first fill. Under the new program, you use the same form for both inspections. There are two new questions at the bottom of the form to be completed after the first fill:
Is the system free of drips, leaks, or other evidence of a release?
Did the vent alarm function during the delivery?
New Check List:
Aboveground Storage Tank (AST) Routine/New Customer Inspection Checklist FOR TANKS INSTALLED AFTER August 1, 2024
All new installations will need routine/new customer inspections four years from the date of installation. If a customer with a tank installed after August 1, 2024, switches fuel suppliers, we will need this new checklist.
Routine inspections for NEW systems are more stringent than for EXISTING systems.
The new checklist contains all the items on the new installation checklist.
• Additional design and installation requirements for new AST systems; see §§ 9-303(b),
9-303(c)(3), 9-303(c)(4)(B), and 9-303(c)(8)(B).
• Additional installation requirement for all (existing and new) AST systems: all fill and
vent pipes must be made of metallic materials (PVC material prohibited); see § 9-
303(c)(4)(A).
• Clarification of red tag applicability to new AST systems lacking compliance with the
AST Rules; see § 9-305(f)(2).
• Introduction of a new “Yellow Tag” provision to allow for a more balanced and flexible
approach to designating existing tank systems as non-compliant and managing fuel
delivery prohibitions to such tanks; see § 9-305(f)(1)(B).
• AST Inspection interval is being extended from every three years to every four years; see § 9-
305.
• Additional requirements for existing AST systems to be implemented by July 1, 2030,
including additional corrosion protection, tank leg length requirements, and protection from
outdoor hazards, additional protection for tanks installed in flood-prone areas; see § 9-
303(g).
• Clarifications to the applicability of AST installation and inspection requirements; see
§§ 9-301 and 9-305.
• Reorganization of installation standards to better distinguish between requirements
applicable to all AST systems and those applicable only to new AST systems; see §9-
303(c).
• New technical definitions; refer to Subchapter 2.