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Job Impact Exemption Statement - 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

In accordance with Section 201-a(2)(a) of the State Administrative Procedure Act, a Job Impact Statement has not been prepared for this rule making as it is not expected to create a substantial adverse impact on jobs and employment opportunities in New York State (State). This rule making repeals existing 6 NYCRR Parts 612 through 614 and replaces them with a new Part 613. This rule making is principally aimed at harmonizing the existing State requirements (currently found at 6 NYCRR Parts 612 through 614) with the federal requirements (found at 40 Code of Federal Regulations Part 280 and amendments to Subtitle I of the Resource Conservation and Recovery Act, 42 United States Code sections 6991 through 6991m). Many regulated entities with underground storage tank systems should find it easier and less expensive to comply with State regulatory requirements because they would be more consistent with federal regulatory requirements. The New York State Department of Environmental Conservation (Department) anticipates that this would result in increased compliance. Since this rule making is a harmonization of existing requirements and incorporation of existing statutory changes into regulation, there would be no change to existing job opportunities.

To conform to changes in proposed Part 613, corresponding changes to definitions and cross-references are being made to the Standards for the Management of Used Oil, established at 6 NYCRR Subpart 374-2. Changes to Subpart 374-2 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 are also being made to 6 NYCRR section 370.1(e)(2) to update references to federal regulations.

The Department concludes that these regulatory proposals for existing and new petroleum bulk storage facilities, and for used oil management, would not have a substantial adverse impact on jobs within the State.

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