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Revisions to Regulations: Bulk Storage of Petroleum and Chemicals; Management of Used Oil

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6 NYCRR Parts 595-599, 612-614, 370, 374-2

The New York State Department of Environmental Conservation (DEC) has revised regulations for the bulk storage of petroleum (Petroleum Bulk Storage (PBS)) and chemicals (Chemical Bulk Storage (CBS)) and for the management of used oil. DEC has revised these regulations to reflect changes in State laws and federal laws and regulations. The PBS and CBS revisions are effective October 11, 2015; the used oil revisions are effective November 10, 2015.

Summary of the Revisions to Bulk Storage and Used Oil Regulations

Petroleum Bulk Storage (PBS) Regulations

6 NYCRR Parts 612-614 have been repealed and replaced with a new Part 613 which regulates the handling and storage of petroleum products pursuant to the amended Environmental Conservation Law (ECL) Article 17, Title 10. The new Part 613:

  • consolidates existing state and the 1988 federal regulations for underground tanks (except for financial responsibility) to simplify compliance by providing the regulated community with one regulation;
  • reflects the requirements of the federal 2005 Energy Policy Act including requirements for ensuring that facility operators have been trained, includes authority to prohibit the delivery of petroleum and hazardous substances to tanks that are leaking, may be leaking, or are being operated in significant non-compliance, and includes requirements for piping and dispenser secondary containment;
  • incorporates additional changes made to the PBS law in 2008 regarding the definition of "petroleum" and of "facility;" and
  • clarifies existing regulations.

Individual Parts have been changed as follows:

  • Part 612 (Registration of Petroleum Storage Facilities): repealed and incorporated these requirements into a new Part 613 (Petroleum Bulk Storage);
  • Part 613 (Handling and Storage of Petroleum): repealed and replaced with a new Part 613 (Petroleum Bulk Storage); and
  • Part 614 (Standards for new and Substantially Modified Petroleum Storage Facilities): repealed and incorporated these requirements into a new Part 613 (Petroleum Bulk Storage).

Used Oil Management

DEC is authorized to implement and manage the federal used oil program under the Resource Conservation and Recovery Act (RCRA). Some of DEC's used oil management regulations are included in 6 NYCRR Subpart 374-2. Since "used oil" is a form of petroleum also regulated under the PBS regulations in 6 NYCRR Part 613, it was necessary to revise Subpart 374-2 to make changes to cross references to Part 613, update it with federal changes, and provide clarification with regard to the delivery prohibition requirements. In addition, 6 NYCRR 370.1(e)(2)(vi) was modified to adopt newer versions of the federal regulations just for the purposes of the regulations for Used Oil Management. This is to be consistent with the federal Used Oil regulation (40 CFR Part 279).

The following definitions were modified in Subpart 374-2 to be consistent with Part 613 and 40 CFR Part 279:

  • aboveground used oil tank system
  • accessible underground area
  • lubricating oil
  • petroleum refining facility
  • release
  • spill
  • tank system
  • underground used oil tank
  • used oil processor/re-refiner
  • used oil tank system.

The following changes were made to Subpart 374-2 to reflect revisions to 40 CFR Part 279 revisions between July 30, 2003 and April 13, 2012:

  1. EPA's July 30, 2003 rule (68 FR 44659-44665) provides clarifications and corrections on used oil requirements.
    • Clarifications were made with respect to mixtures of used oil and polychlorinated biphenyls and their applicability to the federal Toxic Substances Control Act and its implementing regulations, 40 CFR Part 761.
    • The regulation of mixtures of used oil and hazardous waste from conditionally exempt small quantity generators was clarified.
    • Changes were also made with respect to the recordkeeping requirements for used oil marketers.
  2. In EPA's June 14, 2005 rule as amended on August 1, 2005 (70 FR 34548-34592, and 70 FR 44150-44151), a variety of testing and monitoring requirements were changed to allow more flexibility when conducting RCRA-related sampling and analysis. Testing requirements were updated to make it easier and more cost effective to comply with regulations. Changes to Subpart 374-2 are being proposed to be consistent with this rule making.
  3. EPA's July 14, 2006 rule (71 FR 40254-40280) contains corrections to hazardous waste and used oil regulations, including spelling, printing omissions, typographical errors, and incorrect cross-references. Some of the errors were identified by the Department and corrected in a previous used oil rule making. Revisions made to Subpart 374-2 completes these corrections and does not add any new regulatory requirements.

Also, DEC added provisions to Subpart 374-2 regarding used oil acceptance requirements for "service establishments" and "retail establishments." These provisions are mandated by statute (ECL Article 23 Title 23), and have been reflected in the used oil regulations. Revised 6 NYCRR Part 613, which is independently applicable to many used oil tanks, contains provisions to prohibit the delivery of petroleum, including used oil, to a tank that does not meet certain minimal standards. Subpart 374-2 has been clarified to indicate that if a used oil tank at a service or retail establishment is "tagged" with a notice that adding petroleum to the tank is prohibited, the owner or operator must provide an alternate container or tank for storing used oil from household do-it-yourselfer used oil changers. Such alternate storage must be designed and operated in compliance with all applicable used oil storage requirements.

Chemical Bulk Storage (CBS) Regulations

As with the PBS regulations, DEC revised the CBS regulations (6 NYCRR Parts 596-599). The results are similar to those described above for the PBS regulations including the consolidation of state and 1988 federal requirements, addition of operator training requirements, and inclusion of authority to prohibit deliveries of hazardous substances to tank systems in significant non-compliance with the regulations. Individual Parts have been changed as follows:

  • Part 595 (Releases of Hazardous Substances): repealed and placed these requirements in Parts 597 and 598;
  • Part 596 (Hazardous Substances Bulk Storage Regulations): repealed and replaced with a new Part 596 (Hazardous Substance Bulk Storage Facility Registration);
  • Part 597 (List of Hazardous Substances): repealed and replaced with a new Part 597 (Hazardous Substance Identification, Release Prohibition and Release Reporting);
  • Part 598 (Handling and Storage of Hazardous Substances): amended; and
  • Part 599 (rename as Standards for New Hazardous Substance Tank Systems); amended.

Program Policy

More about Revisions to Regulations: Bulk Storage of Petroleum and Chemicals; Management of Used Oil:

  • Background for Revised Regulations: - History of laws, regulations and information about the PBS and CBS programs that explain the main events leading to these draft regulations.