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Bulk Storage Regulatory Revisions

Bulk Storage of Chemicals, Petroleum, and Liquefied Natural Gas

Proposed 6 NYCRR Part 613 - Petroleum Bulk Storage Regulations

This rulemaking amends 6 NYCRR Part 613 and is principally aimed at harmonizing existing State requirements with the federal requirements found in 40 CFS Parts 280 and 302. The amendments aim to clarify and better harmonize the PBS and CBS programs.

  • Text of Proposed Regulation (PDF) (1.1 MB) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
  • Regulatory Impact Statement (PDF) (140 KB)
  • Supporting Documents (PDF) (310 KB) - Express Terms (Summary), Regulatory Impact Statement (Summary), Regulatory flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement Exemption

Proposed 6 NYCRR Part 596-599 - Chemical Bulk Storage Regulations

These rulemakings are principally intended to harmonize existing State Requirements with federal requirements found in 40 CFS Part 280. These rulemakings include:
Repeal of:

  • 6 NYCRR Part 596, Hazardous Substance Bulk Storage Facility Registration
  • 6 NYCRR Part 598, Handling and Storage of Hazardous Substances
  • 6 NYCRR Part 599, Standards for New Hazardous Substance Tank Systems

Addition of:

  • 6 NYCRR Part 598, Hazardous Substance Bulk Storage (formerly Handling and Storage of Hazardous Substances)

Amendments to:

  • 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting

Text of Proposed Rulemakings

  • Text of Proposed Regulation (PDF) (118 KB) - 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting. Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
  • Text of Proposed Regulation (PDF) (528 KB) - 6 NYCRR Part 598, Handling and Storage of Hazardous Substances. All text is new material.
  • Regulatory Impact Statement (PDF) (128 KB)
  • Supporting Documents (PDF) (335 KB) - Express Terms (Summary), Regulatory Impact Statement (Summary), Regulatory flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement Exemption

Written Comments

The public comment period for these proposed regulation changes has been extended. The public is now invited to submit written comments on the proposed rulemaking through 5:00 p.m. on December 6, 2021. Written comments can be submitted as follows:

  • By email to derweb@dec.ny.gov. Please include "Comments on Proposed Part 613" or "Comments on Proposed Part 597/598" in the subject line of the email; or
  • By mail to the NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, attention: Jenn Dawson

Requests for information on the proposed rulemakings may be directed to Jenn Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-8874, E-mail: derweb@dec.ny.gov.

Public Comment Hearings

Public comment hearings for these proposed changes were held at 2:00 p.m. and 6:00 p.m. on August 17, 2021. All comments received during these hearings were recorded. An additional public comment hearing for the proposed rule will be held electronically at 3:00 p.m. on November 30, 2021 before an Administrative Law Judge (ALJ) via the Webex Events platform as follows:

Date: Tuesday, November 30, 2021

Time: 3:00 PM

Link for Attendees:

https://meetny-broadcast-pilot.webex.com/meetny-broadcast-pilot/onstage/g.php?MTID=ee28102781806db43f065bbb337dd92da

Meeting Access # 179 932 4546

Password: Nov30-3PM

Audio Information: 518-549-0500

NYS DEC will provide interpreter services for hearing impaired persons and language interpreter services for individuals with difficulty understanding or reading English at no charge upon written request submitted no later than Thursday, November 18, 2021. The written request must be addressed to ALJ O'Connell, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ O'Connell at ohms@dec.ny.gov.

Contact: Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012; Phone: 518-402-8874; E-mail: derweb@dec.ny.gov.

6 NYCRR Part 597 - Hazardous Substances Identification, Release Prohibition, and Release Reporting

The Department adopted amendments to Part 597 , effective March 3, 2017, which finalized the (1) addition of perfluorooctanoic acid (PFOA-acid), ammonium perfluorooctanoate (PFOA-salt), perfluorooctane sulfonic acid (PFOS-acid), and perfluorooctane sulfonate (PFOS-salt) to the list of hazardous substances at 6 NYCRR Section 597.3; (2) allowance for continued use of firefighting foam that may contain PFOA-acid, PFOA-salt, PFOS-acid or PFOS-salt to fight fires (but not for training or any other purposes) on or before April 25, 2017 even if such use may result in the release of a reportable quantity (RQ), which is otherwise prohibited; and (3) correction to the list of hazardous substances by providing units for RQs.

6 NYCRR Parts 595-599, 612-614, 370, and 374-2 - Revisions to Chemical Bulk Storage, Petroleum Bulk Storage and Used Oil Management Regulations

The Department adopted revised regulations for the bulk storage of petroleum and chemicals and for the management of used oil. The petroleum and chemical bulk storage revisions are effective October 11, 2015; the management of used oil revisions are effective November 10, 2015. The revised regulations reflect changes in State laws and federal laws and regulations; and include:

  • repeal of Part 595, "Releases of Hazardous Substances"
  • repeal of Part 596, "Hazardous Substance Bulk Storage Regulations"
  • repeal of Part 597, "List of Hazardous Substances"
  • addition of a new Part 596, "Hazardous Substance Bulk Storage Facility Registration"
  • addition of a new Part 597, "Hazardous Substance Identification, Release Prohibition, and Release Reporting"
  • amendments to Part 598, "Handling and Storage of Hazardous Substances"
  • amendments to Part 599, "Standards for New Hazardous Substance Tank Systems" (formerly "Standards for New or Substantially Modified Hazardous Substance Storage Facilities)
  • repeal of Part 612, "Registration of Petroleum Storage Facilities"
  • repeal of Part 613, "Handling and Storage of Petroleum"
  • repeal of Part 614, "Standards for New and Substantially Modified Petroleum Storage Facilities"
  • addition of a new Part 613, "Petroleum Bulk Storage" to include the requirements from existing Parts 612-614 along with requirements from changes in State laws and federal laws and regulations
  • amendments to Part 370, "Hazardous Waste Management System - General" in section 370.1(e)(2) and amendments to Subpart 374-2, "Standards for the Management of Used Oil."

6 NYCRR Part 570, Liquefied Natural Gas

The Department adopted a new 6 NYCRR Part 570, Liquefied Natural Gas (LNG), effective February 26, 2015. The addition implements requirements for the safe siting and operation of LNG facilities and transportation of LNG under Article 23, Title 17 of the Environmental Conservation Law. LNG facilities are those that either store LNG in a tank system or convert LNG into natural gas through vaporization.6 NYCRR Part 597 - Hazardous Substances Identification, Release Prohibition, and Release Reporting
The Department adopted an emergency rule to add perfluorooctanoic acid, ammonium perfluorooctanoate, perfluorooctane sulfonic acid, and perfluorooctane sulfonate to the list of hazardous substances. While the emergency rule makes the amendments to 6 NYCRR Part 597 effective April 25, 2016, the emergency adoption is temporary. The proposed rule provides for the amendments to become permanent upon adoption.


More about Bulk Storage Regulatory Revisions:

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    Division of Environmental Remediation
    NYSDEC
    625 Broadway
    Albany, NY 12233-7020
    518-402-9543
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