of Chemicals, Petroleum, and Liquefied Natural Gas
Emergency Adoption and Proposed Rule: 6 NYCRR Part 597 - Public comments accepted through July 8, 2016. The Department adopted an emergency rule to add perfluorooctanoic acid, ammonium perfluorooctanoate, perfluorooctane sulfonic acid, and perfluorooctane sulfonate to the list of hazardous substances. While the emergency rule makes the amendments to 6 NYCRR Part 597 effective April 25, 2016, the emergency adoption is temporary. The proposed rule provides for the amendments to become permanent upon adoption.
Improper handling and storage of petroleum, hazardous substances/chemicals or liquefied natural gas (LNG) can result in spills that threaten the environment or pose health and safety risks to nearby persons. Across the state, there have been instances of spills of petroleum or chemicals that have caused groundwater contamination including some public water supplies. Storage and handling of LNG poses primarily fire safety concerns and risks from handling a cryogenic (extremely cold) material.
Based upon several federal and state laws, regulations, and guidance documents, DEC has developed programs to establish requirements for the safe storage and handling of these materials, inspection programs to verify that these requirements are being met, and enforcement procedures to require that violations be corrected and deter future non-compliance. Based upon the various authorizing laws, DEC has created the following bulk storage programs:
Underground storage tank installation.
Petroleum Bulk Storage (PBS) Program
The PBS program applies to facilities that store more than 1,100 gallons of petroleum in aboveground and underground storage tanks. Facilities with one or more underground storage tanks larger than 110 gallons must also be registered. All tanks (with some exceptions) for the storage of petroleum at facilities must be registered with the DEC and managed in compliance with applicable regulations for the storage and handling of petroleum.
Chemical Bulk Storage (CBS) Program
The CBS program applies to facilities that store a "hazardous substance" listed in 6 NYCRR Part 597 in an aboveground storage tank larger than 185 gallons, any size underground storage tank, with some exceptions, or in a non-stationary tank used to store 1,000 kg or more for a period of 90 consecutive days or more. All regulated tanks at facilities must be registered with the DEC and managed in compliance with applicable regulations for the storage and handling of hazardous substances.
Federal Underground Tank Regulations
Certain underground storage tanks (USTs) storing petroleum or hazardous substances/chemicals are also subject to federal regulations (40 CFR Part 280) from the United States Environmental Protection Agency (USEPA).
Operators ("Class A and Class B") of certain federally-regulated USTs storing petroleum or hazardous substances are required to be trained, pass a DEC-administered competence examination, and be designated for their facilities by 10/11/2016. Tank owners or authorized representatives of facilities with these USTs must designate their Class A and Class B Operators with the DEC by this same deadline. Class C Operators must also be designated by 10/11/2016 but are not required to pass the DEC exam.
Major Oil Storage Facility (MOSF) Program
The MOSF program applies to facilities that store a total of 400,000 gallons or more of petroleum in aboveground and underground storage tanks. Facilities must be licensed by the DEC and managed in compliance with applicable regulations for the storage and handling of petroleum. Vessels that transfer petroleum to another vessel while operating in the waters of NYS must also obtain an MOSF license prior to these transfers. As applicable, both on-shore MOSFs and MOSF vessels must submit monthly license fees and surcharges to the DEC. These fees apply to each barrel of petroleum the first time that the petroleum is imported into NYS (see Navigation Law Section 174).
Liquefied Natural Gas (LNG ) Program
The LNG program applies to facilities that store LNG or convert it back into a gas, with some exceptions. Facilities must be permitted by DEC and managed in compliance with applicable regulations for the storage and handling of LNG.
Revised PBS and CBS Regulations Effective 10/11/2015
- Previously conducted webinars - recordings of presentations and slide PDFs available - DEC recently hosted four webinars.
- Final Revisions to Regulations - Bulk Storage of Petroleum and Chemicals; and Management of Used Oil
- New Requirements for PBS, MOSF, and CBS UST Operator Training
- Program Policy DER-40 - Operator Training
More about Bulk Storage :
- Revised Bulk Storage Regulations - Public Webinars - DEC staff explain changes to NYS Bulk Storage Regulations.
- Underground Storage Tank (UST) Operator Training - Training and testing requirements for operators of USTs.
- Liquefied Natural Gas (LNG) Program - Instructions to apply for a permit to construct and operate an LNG facility.
- Revisions to Regulations: Bulk Storage of Petroleum and Chemicals; Management of Used Oil - Information on the final revised regulations.
- Forms and Instructions for the Bulk Storage Program - This information is intended to provide facility/tank owners and operators answers to commonly asked questions.
- PBS and CBS Facilities - Authorizing Non-Owners to Submit Facility Registration Applications - PBS and CBS facilities registration application guidance
- Chemical Bulk Storage (CBS) Registration and Renewal FAQ's - Chemical Bulk Storage in New York. Frequently asked questions on the regulatory programs and requirements for bulk storage of chemicals in New York State.
- Oil Cleanup Information for Homeowners and Insurance Companies - Oil Cleanup Information for Homeowners and Insurance Companies
- Underground Heating Oil Tanks: A Homeowner's Guide - Even if your heating oil tank is unregulated, you probably know that a leak could be very unfortunate - not only for the environment, but for your pocketbook too.
- What to Do After a Flood - Underground Motor Fuel Storage Tanks - Measures underground fuel tank owners should take to safely return their system to operation after a flood.
- Preparing for Storms/Flooding: Owners of Fuel Oil Tanks - Owners and operators of fuel oil tanks located in flood-prone areas should prepare for storms that could lead to flooding of the tank.
- Guidance for Owners of Petroleum Tanks that Store No. 4 or No. 6 Heating Oil in New York City - Heating oil requirement for certain building owners in New York City to phase-out the use of No.6 and No.4 heating oils
- Petroleum Bulk Storage Underground Tank Tightness Testing FAQ's - FAQs - Frequently Asked Questions on New York's Petroleum Bulk Storage Underground Tank Tightness Testing.
- Public Record of Underground Storage Tanks - Federal law requires that states maintain, update, and make available to the public a record of information regarding certain underground storage tanks (USTs). New York State's Public Record of USTs includes the number of facilities with USEPA-regulated USTs, the number of those facilities inspected during the reporting period, and the percent of those facilities that were found to be in significant compliance.
- Summaries of Bulk Storage Regulations - Chemical and Petroleum Bulk Storage in New York. Information on the regulatory programs and requirements for bulk storage of petroleum and chemicals in New York State.
- Standards and Practices for Bulk Storage - A partial listing of consensus standards and recommended practices which are applicable to the Chemical Bulk Storage (6 NYCRR Parts 595-599) and Petroleum Bulk Storage (6 NYCRR Parts 612-614) programs in New York State.
- Tank Bulletins for New York State Bulk Storage Program - Information and answers to commonly asked questions for storage tank facility owners and operators.
- Tank Owner and Operator Financial Responsibility Information - Information for tank owners and operators relating to the submission of the State Oil Spill Fund as a financial responsibility mechanism for certain USTs.