Chemical Bulk Storage (CBS) Registration and Renewal FAQ's
Fees are required for initial registrations, renewals, and changes of ownership. (There is no fee required for substantial tank modifications or information corrections.) CBS registration fees are determined on a per-tank basis, up to a maximum $50,000 registration fee charged for all storage tanks located a site. The fees cover a two-year period. Fees are as follows:
|Total Capacity Per Tank||2-Year Fee|
|less than or equal to 550 gallons||$50 per tank|
|551-1,100 gallons||$100 per tank|
|Greater than 1,100 gallons||$125 per tank|
|Total Capacity Per Tank||2-Year Fee|
|less than or equal to 550 gallons||$50 per tank|
|Greater than 550 gallons||$75 per tank|
Registration/renewal fees must be paid by check or money order payable to the New York State Department of Environmental Conservation (or NYSDEC). An electronic payment option is not available at this time.
A penalty could be imposed for not registering or registering late. The NYSDEC's goal is compliance and it prefers voluntary compliance over fines and penalties. Where voluntary registration of hazardous substance storage facilities does not occur, penalties will be imposed.
Yes. You must renew registration and pay the appropriate registration fee every 2 years from the first date of registration; you must also re-register and pay a registration fee whenever there is a transfer of ownership.
The facility's registration is due to expire. NYSDEC mails out renewal applications to the tank owner approximately two to three months prior to the expiration of a facility's two-year registration. If you already submitted a renewal application, you can disregard this mailing.
If you no longer own the facility but received the registration renewal application, NYSDEC apparently was not notified of the change in ownership. A change in ownership should have been reported to the NYSDEC at least 30 days prior to the transfer of ownership. Provide the current owner's name and address (if known) and return the renewal package to the NYSDEC Central Office address shown on the registration renewal application.
I bought a facility that is already registered. Can I just cross out the old owner name and write in the new name on the registration certificate?
No. Registration certificates are not transferrable. Re-registration by the new owner is required. This is accomplished by completing a registration form, indicating "Transfer of Ownership", and submitting it to NYSDEC's Central Office with the appropriate fee at least 30 days prior to the transaction. A new registration certificate will be issued and mailed once the application is processed. The CBS number for the facility will not change.
The owner of the tank is responsible for registering the tank. Both the tank owner and the facility operator are liable for non-compliance with the CBS regulations pursuant to Part 596.1(c)(30). Since it is unlawful to operate an unregistered tank, you should contact the tank owner and explain the registration requirements. In addition, the CBS regulations stipulate that no person shall deliver hazardous substances to a regulated tank that has not been properly registered, so the supplier should also be notified if the tank is not registered.
NYSDEC sends renewals out approximately two to three months prior to the registration expiration date. If the expiration date is more than three months away, the renewal wasn't sent out yet. If the expiration date is within two months or has already passed, call the Bulk Storage Helpline at (518) 402-9543. We will check our files to make sure we have your correct address. If you have changed your address or the information we have is incorrect, you must supply NYSDEC with the correct mailing address, and the renewal application will be sent out accordingly.
I sent in my registration/renewal application but never received a registration certificate. Why not?
Call the NYSDEC Central Office phone number on the registration renewal form, and request NYSDEC staff to check if your application was received. If the application was processed over a week ago, or if your check has already been cashed, your mailing address will be verified and the certificate will be re-mailed. If your application was not received, we will ask you to verify that the application was mailed to the NYSDEC Central Office address.
You must notify the appropriate NYSDEC regional office at least 3 business days prior to your intended tank closure date, and after tank closure you must send a closure report to the appropriate NYSDEC regional office. When filling in the renewal application form, go to Section B (tank page). Note the key at the bottom of the page. The first column is labeled "Action." Cross out the present number in the first column (usually a 1) and put in the number 3 (which means "close/remove tank"). Go three columns over to the column labeled "Status" and cross out the 1 or 2 and put in either a 3 for "closed and removed" or a 4 for "closed in place." Go to the next column labeled "Installation or Permanent Closure Date." Cross out the installation date and put in the permanent closure date. Sign and date the first page, and send the form to the NYSDEC Central Office address on the form.
You must notify the appropriate NYSDEC regional office your intent to add tanks at least 3 days prior to such installation. To indicate additional tanks on you renewal application, go to Section B (tank page). Note the key at the bottom of the page. Put the number 2 (for "add tank") in the first column labeled "Action". Then fill out the rest of the columns with the specific tank information. Please note that the tank number has to be unique, that is, use of the same tank number already registered for this site (whether the tank is closed or active) is not permitted. The Department suggests that you use an "A" or "-1" or a similar appendix to keep the new tank number similar to the original tank number but also fulfill the unique tank number requirement (e.g., if a previous tank number is 001 a suggested number change may be 001A or 001-1). Sign and date the first page and send the form to the NYSDEC Central Office address on the form.
Any product which is in a single component or a mixture, and contains a hazardous chemical or combination thereof, in quantities of one (1) percent or more by volume or weight is regulated. The list of chemicals regulated under the CBS program (the Hazardous Substance List) is found in 6 NYCRR Part 597 of the NYS chemical bulk storage regulations. Petroleum products (including waste oil) are not covered by the CBS regulations (they are covered under NYS Petroleum Bulk Storage (PBS) regulations). Hazardous wastes are not covered by the CBS regulations.
"Hazardous substance" means any substance listed as hazardous or acutely hazardous in 6 NYCRR Part 597 or a mixture thereof. Any mixture which contains a hazardous substance or any combination of hazardous substances in quantities of 1% or more by weight or volume is a hazardous substance and is regulated.
Check the Material Safety Data Sheet (MSDS) and the technical guidance and recommended practices (if available) to determine the chemical abstract service (CAS) number of the substance or any of its components. Then check the CAS number(s) against Part 597.2 to determine if the substance or component is listed. If the substance or component (1% or greater mixture by volume or weight) is listed, the substance is regulated and registration is required for storage tanks meeting the size requirements.
If a chemical or chemical mixture has an overall CAS number which is not listed in Part 597, yet there are CAS numbers for individual components that are in Part 597, is this chemical regulated? If so, what CAS number do I include on the registration form?
Some substances are mixtures of many components. Since each component has its own CAS number, there are cases where an "overall" CAS number is assigned to a complex mixture to make referencing by CAS number easier. Most CAS numbers on the Part 597 list of hazardous substances are for substances with a single component; however, there may be some which represent multi-component substances. If an overall CAS number is not in section 597.2 but you know its components, then you should compare the individual components' CAS numbers to section 597.2. If one or more of the individual CAS numbers are listed in section 597.2 and the substance contains 1% or more by weight or volume of one or more of the regulated components, then this mixture is regulated and registration is required for storage tanks meeting the size requirements.
Registration is required for all underground tanks, for aboveground stationary tanks of 185 gallons or greater capacity, and for non-stationary tanks (such as drums and cylinders) that are used to store 1,000 kilograms (2,200 pounds) or more of hazardous substances listed in Part 597 or mixture thereof for 90 consecutive days or more. Registration is not required for other non-stationary tanks. Out-of-service tanks must be registered until they are permanently closed in accordance with NYSDEC regulations. Process tanks, assembly line tanks, aboveground farm tanks, and certain other tanks (see 596.1(b)) are not regulated by the CBS regulations and do not have to be registered.
What is a "process tank"? Are product tanks, by-product tanks, feed tanks, or intermediate tanks considered process tanks and therefore exempt from registration requirements?
A process tank is defined as a vessel or other equipment which is used to mix or physically, chemically or biologically change a hazardous substance. Process tanks are not regulated. The definition of a "process tank" does not include tanks which are used to store hazardous substances prior to being introduced into the process, or tanks used to store substances as intermediates, by-products or finished products of the process. Product tanks, by-product tanks, feed tanks, and intermediate tanks are regulated (Part 596.1(c)(35)).
My tank has 3 compartments, separated by common walls, each of which can hold different substances or may contain the same substance. Is this considered one tank or three different tanks?
Compartmental tanks are considered separate tanks if each compartment serves as a separate holding vessel and cross mixing of the substances is not possible.
A manifold system is designed as a single holding vessel and it is considered one tank. Thus, this tank system must be registered as one tank if the total capacity of the manifolded system is 185 gallons or greater.
The capacity of my 100,000 gallon tank will never be completely utilized. Can I specify the maximum capacity (e.g. 50,000 gallons) that the tank will actually contain?
No. Capacity is defined as the total maximum design of the storage tank/vessel.
If I change substances in a tank every few months, do I register all the substances that I may store in that tank? When do I inform NYSDEC about the changes in product?
Only register the substance that is in the tank at the time of registration. The owner or operator must keep accurate records of any changes of hazardous substances stored in the tank, and must provided NYSDEC with this information at renewal time, which is every two years.
Requirements for testing and inspection of underground storage systems are found at Section 598.6 of the regulations. Requirements for inspection of aboveground storage tank systems are found at Section 598.7 of the regulations.
While NYSDEC cannot recommend any specific company, the appropriate NYSDEC regional office can give you the names of some companies in your area that do tank tightness testing. You can also check the yellow pages of the telephone book under "Tank Testing" or "Environmental Services."
If you need assistance in determining which tank(s) must be registered, what the fee should be, or have other questions about Chemical Bulk Storage requirements, please call the NYSDEC Central Office phone number on your registration/renewal form or call the Bulk Storage Helpline at (518) 402-9543.