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Summary of Changes

Draft Revisions to Regulations for the Bulk Storage of Petroleum and Hazardous Substances

DEC has prepared draft revisions to both the petroleum and chemical bulk storage 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6 NYCRR Parts 612-614 are being repealed and replaced with a new Part 613 which regulates the handling and storage of petroleum products pursuant to the amended ECL Article 17, Title 10. The new Part 613 will:

  • consolidate existing state and federal regulations for underground tanks 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, 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.

The draft revisions to the new Part 613 will make the regulations consistent with 40 CFR Part 280 which is necessary for New York State to qualify for the State Program Approval under 40 CFR Part 281. 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).

Download Text and Details of Draft Revisions to PBS Regulations

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. 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 (Standards for New Hazardous Substance Tank Systems).

Download Text and Details of Draft Revisions to CBS Regulations