Chemical Bulk Storage (CBS) Registration And Renewal FAQ's
What are the fees for registration/renewal of my CBS tanks?
Fees are required for initial registrations, renewals, and changes of ownership. (There is no fee required for substantial tank modifications or information corrections.) CBS registration fees are determined on a per-tank basis, up to a maximum $50,000 registration fee charged for all storage tanks located at a site. The fees cover a two-year period. Fees are as follows:
| Total Capacity Per Tank | 2-Year Fee |
|---|---|
| Less than or equal to 550 gallons | $50 per tank |
| 551-1,100 gallons | $100 per tank |
| Greater than 1,100 gallons | $125 per tank |
| Total Capacity Per Tank | 2-Year Fee |
|---|---|
| Less than or equal to 550 gallons | $50 per tank |
| Greater than 550 gallons | $75 per tank |
Who do I make the check/money order payable to? Can I pay the fee electronically?
Registration/renewal fees must be paid by check or money order payable to the New York State Department of Environmental Conservation. An electronic payment option is not available at this time.
Is there a penalty for not registering or registering late?
A penalty could be imposed for not registering or registering late. DEC's goal is compliance and prefers voluntary compliance over fines and penalties. Where voluntary registration of hazardous substance storage facilities does not occur, penalties will be imposed.
Do I ever have to renew my registration?
Yes. You must renew registration and pay the appropriate registration fee every 2 years from the first date of registration; you must also re-register and pay a registration fee whenever there is a transfer of ownership.
Why did I get a registration renewal application?
The facility's registration is due to expire. DEC mails out renewal applications to the tank owner approximately two to three months prior to the expiration of a facility's two-year registration. If you already submitted a renewal application, you can disregard this mailing.
I no longer own this facility. Why did I get a registration renewal application?
If you no longer own the facility (property where tanks are located) but received the registration renewal application, DEC was not notified of the change in ownership. A change in ownership should have been reported to DEC within 30 days after the transfer of ownership. Provide the current owner's name and address (if known) and return the renewal package to the DEC central office address shown on the registration renewal application.
I bought a facility that is already registered. Can I just cross out the old owner name and write in the new name on the registration certificate?
No. Registration certificates are not transferrable. Re-registration by the new owner is required. This is accomplished by completing a registration form, indicating "Transfer of Ownership", and submitting it to DEC's central office with the appropriate fee and proof of ownership (a copy of the deed) no more than 30 days after the transfer. A new registration certificate will be issued and mailed once the application is processed. The CBS facility ID number will not change.
I own the storage tanks but not the land. Should I complete the registration form?
The owner of the facility (property on which the tanks are located) is responsible for registering the tanks. Both the tank owner and the facility operator are liable for non-compliance with the CBS regulations pursuant to 6 NYCRR section 596.1(b)(3). Since it is unlawful to operate an unregistered tank, you should contact the property owner and explain the registration requirements.
Can I use my tanks for storage if they are not yet registered or I am awaiting a registration certificate?
No. It is illegal to store hazardous substances in an unregistered tank; the registration certificate must be received by the owner prior to the first receipt of a hazardous substance into the tank system. Furthermore, the CBS regulations stipulate that no person shall deliver hazardous substances to a regulated tank that has not been properly registered, so the supplier also has a responsibility to know if the tank is not registered.
I never received my renewal application. Why not?
DEC sends renewals out, as a courtesy, approximately two to three months prior to the registration expiration date. If the expiration date is more than three months away, the renewal wasn't sent out yet. If the expiration date is within two months or has already passed, call the Bulk Storage Helpline at (518) 402-9543. We will check our files to make sure we have your correct address. If you have changed your address or the information we have is incorrect, you must supply DEC with the correct mailing address, and the renewal application will be sent out accordingly. You (the property owner) are still responsible for renewing your facility's registration regardless of whether or not you have received a renewal application in the mail.
I sent in my registration/renewal application but never received a registration certificate. Why not?
Call the Bulk Storage Helpline at (518) 402-9543 to check if your application was received. If the application was processed over a week ago, or if your check has already been cashed, your mailing address will be verified and the certificate will be re-mailed. If your application was not received, we will ask you to verify that the application was mailed to the DEC central office address.
How do I indicate permanently closed tanks on my registration?
Prior to commencement of field work for tank removal, notify the appropriate DEC regional office regarding the intended tank closure date, by submitting a pre-work notification form, http://www.dec.ny.gov/docs/remediation_hudson_pdf/tankmodnotice.pdf. Underground storage tanks that are to be closed must also perform a site assessment pursuant to 6 NYCRR section 598.10(e) at the time of closure. After the tank is closed, you must submit an updated facility application noting the permanent closure date along with documentation of proper closure, such as a contractor invoice and/or disposal receipt to DEC central office in Albany. The site assessment report for underground tank closure should be sent to the DEC regional office.
How do I add tanks to my registration?
You must notify the appropriate DEC regional office your intent to add tanks at least 3 days prior to such installation, by submitting a pre-work notification form, http://www.dec.ny.gov/docs/remediation_hudson_pdf/tankmodnotice.pdf. In addition to notification, the registration information for the facility must be updated. To indicate additional tanks, you must submit an application to DEC noting the new tank installation. No additional fees are required for new tank installation, but your fee may change for the next renewal period.
What chemical products are regulated under the CBS program?
Chemical products that fall under the definition of hazardous substance or hazardous substance mixture are regulated under the CBS program. The full definition can be found in 6 NYCRR section 597.1(b)(7) and (8). In general (please refer to the full definition in the CBS regulations before making a determination), a substance will be regulated under the CBS program if the product contains 1% or more by volume of a hazardous substance and a mixture of any other substance as long as the other substance(s) are not made up of 70% or more petroleum by volume and the mixture contains no hazardous waste.
What is a "hazardous substance"?
"Hazardous substance" means any substance listed as hazardous or acutely hazardous in 6 NYCRR Part 597 or a mixture thereof. Any mixture which contains a hazardous substance or any combination of hazardous substances in quantities of 1% or more by volume as long as the rest of the mixture does not contain 70% or more by volume of petroleum or any hazardous waste, is a hazardous substance and is regulated.
How do I determine if my substance is regulated?
Check the Safety Data Sheet (SDS) and the technical guidance and recommended practices (if available) to determine the chemical abstract service (CAS) number of the substance or any of its components. Then check the CAS number(s) against 6 NYCRR section 597.2 to determine if the substance or component is listed. If the substance or component (1% or greater by volume for mixtures containing listed hazardous substances) is listed, the substance is regulated and registration is required for storage tanks meeting the size requirements.
Please note that certain mixtures that contain otherwise hazardous substances, whose CAS numbers are listed in 6 NYCRR Part 597, may have unique CAS numbers which are not listed in 6 NYCRR Part 597. If a component of such a mixture causes the product to meet the definition of hazardous substance, then the product will be regulated under the CBS program. See below question for further explanation.
If a chemical or chemical mixture has an overall CAS number which is not listed in 6 NYCRR Part 597, yet there are CAS numbers for individual components that are in 6 NYCRR Part 597, is this chemical regulated? If so, what CAS number do I include on the registration form?
Some substances are mixtures of many components. Since each component has its own CAS number, there are cases where an "overall" CAS number is assigned to a complex mixture to make referencing by CAS number easier. If an overall CAS number is not in 6 NYCRR section 597.2 but you know its components, then you should compare the individual components' CAS numbers to 6 NYCRR section 597.3. If one or more of the individual CAS numbers are listed in section 597.3 and the substance contains 1% or more by volume of one or more of the regulated components, then this mixture is regulated, and registration is required for storage tanks meeting the size requirements.
Do I have to register all tanks that store hazardous substances listed in 6 NYCRR Part 597?
Registration is required for all underground tanks and for aboveground stationary tanks of 185 gallons or greater capacity, that store hazardous substances listed in 6 NYCRR Part 597 or mixture thereof for 90 consecutive days or more. Registration is not required for containers. Out-of-service tanks must be registered until they are permanently closed in accordance with DEC regulations. Process tanks, assembly line tanks, aboveground farm tanks used for agricultural purposes, and certain other tanks (see 6 NYCRR section 596.1(b)) are not regulated by the CBS regulations and do not have to be registered.
What is a "process tank"? Are product tanks, by-product tanks, feed tanks, or intermediate tanks considered process tanks and therefore exempt from registration requirements?
A process tank is defined as a vessel or other equipment which is used to mix or physically, chemically, or biologically change a hazardous substance. Process tanks are not regulated. The definition of a "process tank" does not include tanks which are used to store hazardous substances prior to being introduced into the process, or tanks used to store substances as intermediates, by-products, or finished products of the process. Therefore, product tanks, by-product tanks, feed tanks, and intermediate tanks are regulated (6 NYCRR Part 596.1(c)(43)).
My tank has 3 compartments, separated by common walls, each of which can hold different substances or may contain the same substance. Is this considered one tank or three different tanks?
Compartmented tanks are considered separate tanks if each compartment serves as a separate holding vessel and cross mixing of the substances is not possible.
I have five manifolded tanks. Are they considered as five individual tanks or one tank system?
Manifolded tanks are designed as a single holding vessel and are considered one tank system. Therefore, they must be registered as one tank system if the total capacity of the manifolded system is 185 gallons or greater or any of the tanks are underground.
The capacity of my 100,000 gallon tank will never be completely utilized. Can I specify the maximum capacity (e.g. 50,000 gallons) that the tank will actually contain?
No. Capacity is defined as the total maximum design capacity of the storage tank/vessel.
If I change substances in a tank every few months, do I register all the substances that I may store in that tank? When do I inform DEC about the changes in product?
Only register the substance that is in the tank at the time of registration. The owner or operator must keep accurate records of any changes of hazardous substances stored in the tank and must provide DEC with the hazardous substance currently stored in the tank at the time of renewal (every two years).
Do I need to have my tank system tested periodically? If so, how often?
Requirements for testing and inspection of underground storage systems are found at 6 NYCRR section 598.6 of the regulations. Requirements for inspection of aboveground storage tank systems are found at 6 NYCRR section 598.7 of the regulations.
I need to get a tank tightness tested. Who should I call?
While DEC cannot recommend any specific company, your local DEC regional office can give you the names of some companies in your area that do tank tightness testing. You can also check the yellow pages of the telephone book under "Tank Testing" or "Environmental Services."
I have a question that is not answered here. Who should I call?
If you need assistance in determining which tank(s) must be registered, what the fee should be, or have other questions about Chemical Bulk Storage requirements, please call (518) 402-9543.
Division of Environmental Remediation
625 Broadway
Albany, NY 12233
