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

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

The New York State Department of Environmental Conservation (DEC) has proposed revisions to 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 is revising these regulations to reflect changes in State laws and federal laws and regulations. To maximize public input into these proposed revisions, they were provided to the public for informal review and comment in August 2013. Modifications to the proposed revisions were made in response to comments received. More information about these informal "drafts for consideration," the comments received, and DEC's responses to the comments is available, see below. Comment period ended November 4, 2014.

Summary of Proposed Revisions to Bulk Storage and Used Oil Regulations

Petroleum Bulk Storage (PBS) Regulations

6 NYCRR Parts 612-614 are being repealed and replaced with a new Part 613 which regulates the handling and storage of petroleum products pursuant to the amended Environmental Conservation Law (ECL)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 will:

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

Promulgation of this regulation will not have any additional fiscal impacts beyond what is already required in state statute and state and federal regulations. Individual Parts will be changed as follows:

  • repeal Part 612 (Registration of Petroleum Storage Facilities) and incorporate these requirements into a new Part 613 (Petroleum Bulk Storage);
  • repeal Part 613 (Handling and Storage of Petroleum) and replace with a new Part 613 (Petroleum Bulk Storage); and
  • repeal Part 614 (Standards for new and Substantially Modified Petroleum Storage Facilities) and incorporate 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 is 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) is being 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 are being 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 are being proposed 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 are 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 is also clarified.
    • Changes are 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. This rule making completes these corrections and does not add any new regulatory requirements.

Also, DEC proposes to add provisions to Subpart 374-2 regarding used oil acceptance requirements for "service establishments" and "retail establishments." These provisions are mandated by statute (ECLArticle 23 Title 23), and must be reflected in the used oil regulations. Proposed 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 is being 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 will be proposing revising the CBS regulations (6 NYCRR Parts 596-599). The results will be similar to those described above for the PBS regulations including the consolidation of state and 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 will be changed as follows:

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

Proposed Program Policy

Subscribe to Bulk Storage Mailing List

DEC's Division of Environmental Remediation maintains an email list for those who would like to receive information regarding DEC's petroleum and chemical bulk storage programs. This mailing list is used only by DEC so you will only receive information from DEC. To subscribe, sign into GovDelivery and enter your email and other information requested. When you get to the list of topics, click the box next to "Petroleum and Chemical Storage" under "Prevent and Control Pollution."

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