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Revised Summary of Express Terms - 6 NYCRR Parts 613, 370, and 374-2

Repeal of:

6 NYCRR Part 612, Registration of Petroleum Storage Facilities
6 NYCRR Part 613, Handling and Storage of Petroleum
6 NYCRR Part 614, Standards for New and Substantially Modified Petroleum Storage Facilities

Addition of:

6 NYCRR Part 613, Petroleum Bulk Storage

Amendments to:

6 NYCRR section 370.1(e)(2), Hazardous Waste Management System - General
6 NYCRR Subpart 374-2, Standards for the Management of Used Oil

The New York State Department of Environmental Conservation (Department) has repealed 6 NYCRR Parts 612 through 614 and replaced them with a new 6 NYCRR Part 613, which regulates the handling and storage of petroleum in underground and aboveground storage tank systems.

To conform to changes in Part 613, corresponding changes to definitions and cross-references were also made to the Standards for the Management of Used Oil, established at 6 NYCRR Subpart 374-2. Amendments to Subpart 374-2 also include corrections, clarifications, and updates to add certain federal provisions. The revisions include federally driven corrections or clarifications, and updates to testing requirements to make it easier and more cost-effective for the regulated community to comply with certain sampling and analysis requirements. Changes were also made 6 NYCRR section 370.1(e)(2) to update references to federal regulations.

The Express Terms are summarized below.

Subpart 613-1: General Provisions

Subpart 613-1 contains provisions covering the purpose of the rule, applicability, definitions, recordkeeping requirements, and standards incorporated by reference. This subpart also contains provisions concerning access to records and facilities, preemption and approval of local laws or ordinances, variances, registration, and severability.

Subpart 613-2: UST Systems Subject to Both Subtitle I and Title 10

Subpart 613-2 addresses underground storage tank (UST) systems that are subject to State regulation pursuant to Title 10 of Environmental Conservation Law Article 17, sections 17-1001 through 1017, entitled "Control of the Bulk Storage of Petroleum" (Title 10), and federal regulation pursuant to Subtitle I of the Resource Conservation and Recovery Act (RCRA), 42 USC sections 6991 through 6991m, entitled "Regulation of Underground Storage Tanks" (Subtitle I). This subpart harmonizes the State's UST system requirements with the federal requirements found in 40 Code of Federal Regulations (CFR) Part 280, entitled "Technical Standards and Corrective Action for Owners and Operators of Underground Storage Tanks." This subpart contains requirements concerning: design, construction, and installation; general operating practices; inspection and leak detection; spill reporting, investigation, and confirmation; tank system closure; and operator training.

Subpart 613-3: UST Systems Subject Only to Title 10

Subpart 613-3 addresses UST systems that are only subject to Title 10. The structure of this subpart reflects that of Subpart 613-2 and contains similar requirements. This subpart consolidates the UST system requirements from existing 6 NYCRR Parts 612 through 614, but it does not include requirements from 40 CFR Part 280. The only structural difference between Subparts 613-3 and 613-2 is that 613-3 does not contain requirements for operator training.

Subpart 613-4: AST Systems

Subpart 613-4 addresses aboveground storage tank (AST) systems. Like Subpart 613-3, it has a structure that reflects Subpart 613-2. This subpart consolidates the AST system requirements from existing 6 NYCRR Parts 612 through 614. The substantive provisions are markedly different from Subparts 613-2 and 613-3 because the technologies and practices applicable to AST systems are different from those applicable to UST systems. This Subpart contains requirements concerning: design, construction, and installation; general operating practices; inspection and leak detection; spill reporting, investigation, and confirmation; and tank system closure

Subpart 613-5: Delivery Prohibition

Subpart 613-5 contains the requirements concerning delivery prohibition. The provisions of this subpart establish the circumstances and process for imposing a delivery prohibition; required notifications; and the process for termination of a delivery prohibition.

Subpart 613-6: Release Response and Corrective Action

This subpart contains requirements concerning initial spill response, initial spill abatement measures; site check; initial site characterization; free product removal; investigations for soil and groundwater cleanup; corrective action plans; and public participation.

Section 370.1(e)(2): Reference to the Code of Federal Regulations

Section 370.1(e)(2) lists standards incorporated by reference. Revisions are made to update references to 40 CFR Parts 112, 279, 280 and 761 for the purposes of Subparts 360-14 and 374-2.

Subpart 374-2: Standards for the Management of Used Oil

Subpart 374-2 was amended to (1) implement amendments to Title 10, which expressly subjects used oil tanks to PBS; (2) revise definitions based upon and cross-references pertaining to revisions in the proposed Part 613; and (3) incorporate amendments to 40 CFR Part 279, entitled, "Standards for the Management of Used Oil," promulgated between July 30, 2003 and July 14, 2006. Revisions to adopt significant federal amendments are provided below.

Clarifications and corrections were made to adopt EPA's July 30, 2003 rule (68 FR 44659-44665) with respect to mixtures of used oil and polychlorinated biphenyls (PCBs) and their applicability to the federal Toxic Substances Control Act and its implementing regulations, 40 CFR 761. The regulation of mixtures of used oil and hazardous waste from conditionally exempt small quantity generator hazardous waste are also clarified. Changes were also made to the recordkeeping requirements for used oil marketers..

Testing and monitoring requirements are amended, in order to allow more flexibility when conducting RCRA related sampling & analysis by providing appropriate analytical methods for RCRA applications. These changes were made to conform with EPA's June 14, 2005 rule as amended on August 1, 2005 (70 FR 34548-34592, and 70 FR 44150-44151). Corrections to the used oil regulations, including spelling, printing omissions, typographical errors, and incorrect cross-references were made to conform with EPA's July 14, 2006 rule (71 FR 40254-40280).

In addition, typographical errors and inconsistencies between State and federal regulations are being corrected along with some modifications to areas where the State is different from federal requirements. These changes are summarized below.

Provisions were added to the used oil regulations, pertaining to used oil acceptance requirements for "service establishments" and "retail establishments." Part 613, which is independently applicable to many used oil tanks, contains a provision that a tank that does not meet certain minimal standards may be "tagged," which means that delivery of used oil into the tank would be prohibited. Subpart 374-2 was amended to clarify that if the used oil tank at a service or retail establishment is tagged, then the owner or operator must provide alternate container or tank storage to receive used oil from household do-it-yourselfers. Such temporary storage must be designed and operated in compliance with all applicable used oil storage requirements.

Most of the Department's used oil regulations are contained within 6 NYCRR Subparts 374-2 and 360-14. Part 613 includes registration and management standards for PBS tanks that are also applicable to used oil tanks.

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