DEC Proposes Updates to Petroleum, Used Oil and Chemical Storage Regulations

Public Comment Period on Proposed Changes to Run Through November 4, 2014

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Albany, NY - August 6, 2014 - The New York State Department of Environmental Conservation (DEC) has proposed changes to update and consolidate Petroleum Bulk Storage (PBS) and Chemical Bulk Storage (CBS) regulations, DEC Commissioner Joe Martens announced today. The proposed changes would clarify existing requirements and should therefore make it easier for those who store bulk amounts of petroleum or hazardous substances/chemicals in tank systems to comply with equipment and handling standards needed to prevent contamination of soil, groundwater, surface water and public water supplies.
"Consolidating, updating and clarifying our bulk storage regulations will bring together many changes made over the years to several state and federal laws and regulations," said Commissioner Martens. "Our proposed changes will allow us to improve environmental standards while making it easier for the owners and operators of nearly 40,000 facilities in New York State to comply."
The modified proposed modifications to the regulations, subject to public comment are: the PBS regulations (6 NYCRR Parts 612-614); the CBS regulations (6 NYCRR Parts 595-599); the Used Oil Management regulations (6 NYCRR Subpart 374-2) and the Hazardous Waste Management regulations (6 NYCRR section 370.1(e)(2)). Parts 612-614 would be repealed and replaced with a combined Part 613, and Part 595 would be repealed and Parts 596-599 would be amended. Subpart 374-2 and section 370.1(e)(2) would also be revised to reflect changes in the federal regulations.
To maximize opportunities for public input, DEC released the proposed changes to the PBS and CBS regulations for informal public comment in August 2013. DEC modified the proposed rule in response to the comments received, and the revised proposals reflecting stakeholder input are now being released for formal public comment. Due to the many issues addressed by these regulations, DEC is providing a 90-day public comment period for these proposed rule makings, which ends on Tuesday, November 4, 2014.
These proposed regulations represent Phase I of a planned two-phase rule making process. Phase II will be proposed after the U.S. Environmental Protection Agency finalizes its rule making process that is currently underway to revise the federal regulations governing the storage of petroleum and hazardous substances in underground storage tanks (USTs) (40 Code of Federal Regulations Parts 280-281).
Phase I is intended to accomplish three important goals:
  • Incorporate changes in state and federal laws, particularly the requirement for tank system operators to receive special training and to describe in more detail DEC's authority to prohibit deliveries of petroleum and hazardous substances to tank systems that are in significant non-compliance with the regulations.
  • Consolidate existing state PBS and CBS requirements and most federal UST requirements so that they are in one set of regulations.
  • Make the PBS regulations more consistent with the federal regulations, particularly regarding key definitions and the structure of the regulations.
To help the public better understand the proposed regulations and be prepared to provide comments, DEC will provide the following opportunities for public involvement:
August 26, 2014 from 10 a.m. - noon
Instructions on how to participate in this live webinar are available the DEC website.
Public Information Meetings
September 4, 2014 - Albany: Empire State Plaza, Meeting Room 6; 1 p.m. - 4 p.m.
September 9, 2014 - New York City: St. Francis College, Founders Hall, 180 Remsen Street, Brooklyn; 9:30 a.m. - noon; 1:30 p.m. - 4 p.m.; and 7 p.m. - 9:30 p.m.
September 11, 2014 - Rochester: RIT Inn and Conference Center, 5257 W. Henrietta Road, Henrietta; 2 p.m. - 5 p.m. and 7 p.m. - 9:30 p.m.
Seating is limited at each public information meeting. Instructions on how to register for public information meetings are available at on the DEC webiste.
Formal Public Hearings
Two public hearings will be held at each of the three locations below, starting at 3 p.m. and 7 p.m. These hearing locations are accessible to persons with impaired mobility.
October 14, 2014 - Albany: Empire State Plaza, Meeting Room 6
October 16, 2014 - Rochester: RIT Inn and Conference Center, 5257 W. Henrietta Road, Henrietta
October 23, 2014 - New York City: St. Francis College, Founders Hall, 180 Remsen Street, Brooklyn
Seating is limited at each public hearing. Instructions on how to register for formal public hearings are available on the DEC website.
A public information meeting will also be held from 1 p.m. - 2:30 p.m. prior to each afternoon public hearing.
The public is invited to submit written comments about the proposed regulations through Tuesday, November 4, 2014. Written comments on Petroleum Bulk Storage Rule-making can be submitted online. Alternatively, written comments may be mailed to Mr. Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020.
All documents and related information pertaining to these proposed rule makings are available on DEC's website.. If you do not have internet access, please write to the address above or call (518) 402-9553.