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Part 612: Registration Of Petroleum Storage Facilities

(Statutory authority: Environmental Conservation Law, §§ 17-1001, et seq)

[Effective 12/27/85]

[Amended 2/12/92]

Contents:

Sec.

§612.1 General

(a) Purpose. The purpose of this Part is to regulate petroleum storage facilities in order to protect the public health, welfare and the lands and waters of the state.

(b) Applicability. This Part applies to all aboveground and underground petroleum storage facilities with a combined storage capacity over eleven hundred (1,100) gallons except the following:

(i) oil production facilities,

(ii) facilities licensed under Article 12 of the Navigation Law, and

(iii) facilities regulated under the Federal Natural Gas Act.

(c) Definitions. Following is a list of terms and definitions which will be used in this Part:

(1) "Aboveground tank" means any stationary tank which is not entirely covered with earth or other material, or any tank which can be inspected in a subterranean vault.

(2) "Carrier" means a person who transports and transfers petroleum from one pipe or tank to another.

(3) "Cathodic protection" means corrosion protection for an underground metal tank or pipe by causing a continuous electric current to flow from one or more electrodes or a sacrificial anode to the protected structure.

(4) "Combined storage capacity" means the sum of the design storage capacity of each tank at a facility which has not been permanently closed.

(5) "Commissioner" means Commissioner of the Department of Environmental Conservation.

(6) "Corrosion-resistant" when referring to an underground tank means any tank which meets standards for new underground tanks specified in section 614.3 of this Title. When referring to a pipe it means any pipe which meets standards for new underground pipe specified in section 614.14 of this Title.

(7) "Department" means the New York State Department of Environmental Conservation.

(8) "Discharge" means any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of petroleum into the waters of the state or onto lands from which it might flow or drain into said waters, or into waters outside the jurisdiction of the state when damage may result to the lands, waters or natural resources within the jurisdiction of the state, except discharges pursuant to and in compliance with the conditions of a valid State or Federal permit.

(9) "Existing facility" means a facility which has been constructed and is capable of being operated as of the effective date of this Part.

(10) "Facility" or "storage facility" means one or more stationary tanks, including any associated intra-facility pipelines, fixtures, or other equipment, which have a combined storage capacity of over eleven hundred (1,100) gallons of petroleum at the same site. A facility may include aboveground tanks, underground tanks or a combination of both. Pipelines which enter or leave the site and non-stationary tanks are not part of the facility.

(11) "Leak monitoring system" means a leak detection system as required in sections 614.5 and 614.11 and paragraph 614.14(g)(3) of this Title.

(12) "Lining" means a coating of a non-corrodible material resistant to the product stored and bonded firmly to the interior surface of the tank.

(13) "New facility" means a facility which is not an existing facility.

(14) "Non-stationary tank" means any tank which in practice and design is mobile including tanks on wheels, trolleys, skids, pallets or rollers, and vessels such as a 55-gallon drum.

(15) "Oil production facility" means all wells, flow lines, separation equipment, storage facilities, gathering lines and auxiliary non-transportation related equipment used for the storage and handling of unrefined petroleum.

(16) "Operator" means any person who leases, operates, controls or supervises a facility.

(17) "Out-of-service" means a facility or portion thereof no longer in use. Facilities or tanks which are used for seasonal storage, for surcharge storage, or for standby storage, are not considered out-of-service.

(18) "Owner" means any person who has legal or equitable title to a facility.

(19) "Permanently closed" means an out-of-service storage tank or facility which has been closed in a manner prescribed by subdivision 613.9(b) of this Title.

(20) "Person" means any individual, public or private corporation, political subdivision, government agency, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity.

(12) "Petroleum" means any petroleum-based oil of any kind which is liquid at 20 C under atmospheric pressure and has been refined, re-refined, or otherwise processed for the purpose of being burned as a fuel to produce heat or usable energy, or which is suitable for use as a motor fuel or lubricant in the operation or maintenance of an engine. Waste oil which has been reprocessed or re-refined and which is being stored for sale or use as fuel or lubricant is considered petroleum for purposes of this Part.

(22) "Reconditioned" means any tank which is rehabilitated by installing an interior liner or which is permanently repaired in a manner prescribed by sections 614.6 and 614.12 of this Title.

(23) "Secondary containment" means containment which prevents any materials spilled or leaked from reaching the land or water outside the containment area before cleanup occurs.

(24) "Spill" or "spillage" means any escape of petroleum from the ordinary containers employed in the normal course of storage, transfer, processing or use.

(25) "Stationary tank" means all underground tanks or any aboveground tank which is non-mobile. Examples of stationary aboveground tanks include tanks which may rest on the ground or may be fixed or permanently in place on foundations, racks, cradles, or stilts.

(26) "Storage facility" See "Facility".

(27) A "substantially modified facility" is any existing facility which has been modified in one or more of the following ways:

(a) one or more new stationary tanks has been added;

(b) an existing stationary tank has been replaced, reconditioned or permanently closed; or

(c) a leaking storage tank has been replaced, repaired or permanently closed.

The repair, replacement or installation of piping system or other equipment does not substantially modify a facility.

(28) "Tightness test" means a test which is performed in a manner consistent with the criteria set forth in paragraph 613.5(a)(6) of this Title.

(29) "Underground tank" means any tank completely covered with earth or other material. Tanks in subterranean vaults accessible for inspections are considered aboveground tanks for the purpose of this Part.

(30) "Unprotected tank" means any underground tank which does not meet standards specified in section 614.3 of this Title. Examples of unprotected tanks include but are not limited to: bare steel tanks; steel tanks which have been rehabilitated with an interior lining; steel tanks with exterior coatings of paint, asphaltum or other similar material; steel tanks which have been retrofitted with cathodic protection; and permeable concrete encased bare steel tanks.

(31) "Waters" or "waters of the State" shall be construed to include lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State of New York and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.

(32) "Working capacity" means total capacity of the tank less an allowance for expansion and freeboard.

(d) Severability. If any provisions of this Part or its application to any person or circumstance is held to be invalid, the remainder of this Part and the application of that provision to other persons or circumstances will not be affected.

(e) Access to records and facilities.

(1) Upon reasonable notice of the commissioner or his designee, the owner or operator must allow any designated officer or employee of the Department at all reasonable times to review and to copy any books, papers, documents and records relating to recordkeeping requirements and compliance with this Part.

(2) Any designated officer or employee of the Department may, at reasonable times and upon reasonable notice, enter and inspect a facility for compliance with this Part, provided that the officer or employee is accompanied by the owner, operator or their designee.

(f) Enforcement. Any person who violates any of the provisions of this Part, or any order issued by the commissioner, shall be liable for the civil, administrative and criminal penalties set forth in Article 71 of the Environmental Conservation Law.

§612.2 Registration of facilities

(a) Existing facilities.

(1) Within one (1) year of the effective date of these regulations, the owner of any petroleum storage facility having a capacity of over eleven hundred (1,100) gallons must register the facility with the Department. This shall include any out-of-service facility which has not been permanently closed.

(2) Registration must be renewed every five (5) years from the date of the last valid registration until the Department receives written notice that the facility has been permanently closed or that ownership of the facility has been transferred.

(b) Transfer of ownership. If ownership of the facility changes, the new owner must re-register the facility with the Department within thirty (30) days of ownership transfer.

(c) New facilities. The owner must register any new facility with the Department before it is placed in-service.(d) Substantially modified facilities. Within thirty (30) days prior to substantially modifying a facility, the owner must notify the Department of such modification on forms supplied by the Department.

(e) Registration certificate. Upon submittal of a complete registration application and payment of the registration fee, the Department shall issue a validated registration certificate. The operator must display a registration certificate which is current and valid on the premises of the facility at all times.

(f) Application forms.

(1) Facilities must be registered on application forms provided by the Department unless an alternative means of registration is approved by the Department. Forms are available at all Department offices, or by writing the Department of Environmental Conservation, Division of Water, 50 Wolf Road, Albany, New York, 12233-3530.

(2) An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice-president or a duly authorized representative who is responsible for the operation of the facility. An application submitted by a partnership or a sole proprietorship must be signed by a general partner or proprietor. An application submitted by a municipal, state or other public facility must be signed by either a principal executive officer, ranking elected official or other duly authorized employee.

§612.3 Registration fee

(a) The owner must submit with each application for registration or registration renewal, a five-year fee as follows:

Combined Storage Capacity at Facility 5-Year Fee 5-Year Fee
Greater than 1,100 to 2,000 gallons $50 per facility
Greater than 2,000 gallons to Less than 5,000 gallons $150 per facility
5,000 gallons to Less than 400,000 gallons $250 per facility

(b) No fee will be required for notifications of substantial modifications as required in section 612.2(d) of this Part.

(c) No fee will be collected by the Department in those cities of a population over one million or counties which have an approved local program pursuant to section 612.5 of this Part.

§612.4 Compliance with Parts 613 And 614 of this Title

612.4 Compliance with Parts 613 and 614 of this Title

(a) Operation of existing facilities. Any existing facility registered under this Part must comply with requirements of Part 613 of this Title, "Handling and Storage of Petroleum."

(b) New and substantially modified facilities. Any new facility or modification to an existing facility registered under this Part must comply with requirements of Part 614 of this Title, "Standards for New and Substantially Modified Petroleum Storage Facilities". Only the portion of the facility being modified must be brought into compliance with Part 614.

§612.5 Approval of local laws or ordinances

(a) Preemption. Except where the Department has approved a local law or ordinance as provided below, any local law or ordinance for the protection of public health or the environment which is inconsistent with this Part or with Parts 613 or 614 of this Title is preempted.

(b) Approval of local laws or ordinances.

(1) The Department may approve a local law or ordinance for a city with a population over one (1) million or a county when such city or county law or ordinance provides environmental protection equal to or greater than provisions of Environmental Conservation Law, Article 17, Title 10 and requirements of this Part, Parts 613 and 614 of this Title.

(2) The city or county must seek approval from the Commissioner in writing. The request must:

(i) include a copy of the local law or ordinance;

(ii) explain differences and inconsistencies between the local law and the provisions of this Part, Parts 613 and 614 of this Title;

(iii) identify proposed enforcement procedures, penalties and resources available to implement the local law or ordinance;

(iv) identify local fees which would be levied;

(v) contain a declaration of intent to administer and enforce the local law or ordinance; and

(vi) contain a statement from the city or county attorney that the city or county has adequate legal authority to carry out the proposed local program. This statement should identify any sources of statutory authority other than the local bulk storage law relied upon.

(3) The commissioner will review all requests and supporting documents and will prepare written findings and terms of approval, conditional approval or disapproval.

(c) Rescission of approved local laws or ordinances. If the Department determines that an approved city or county law or ordinance is not being properly administered or enforced, it will advise the chief executive officer of the county or city of its determination in writing. If appropriate actions are not taken to effectively administer and enforce the local law or ordinance within sixty (60) days, the Department reserves the right to rescind approval and administer and enforce the program as part of the Department's overall responsibility under this Part, Parts 613 and 614 of this Title.