ATTENTION: Enforcement Discretion Related to ECL § 17-1016 Reduction of Air Pollution From Petroleum Bulk Storage Facilities
NYSDEC has exercised its authority to utilize enforcement discretion with respect to certain provisions of § 17-1016 of the New York State Environmental Conservation Law ("ECL"), which goes into effect on January 1, 2024. The original enforcement discretion was extended one year from December 23, 2024.
More information and the provisions affected can be found here:
Safe Closure is a Must
People who do not follow standard safety practices are killed or injured every year while closing or removing tanks. For a safe closure, you need qualified professionals who will use standard safety practices.
For more information on standard safety practices, underground storage tank owners and closure contractors should refer to "Closure of Underground Petroleum Storage Tanks," API Recommended Practice 1604 (1996), which is available from the American Petroleum Institute (API), 1220 L Street, Washington, DC 20005, or call (202) 682-8000 for assistance. You can also visit API's website.
The video and companion booklet called "Tank Closure Without Tears: An Inspector's Safety Guide" are available from the New England Interstate Environmental Training Center at (978) 323-7929. You can also visit NEIWPCC's website.
The video and companion booklet called "Tank Closure Without Tears: An Inspector's Safety Guide" are available from the New England Interstate Environmental Training Center at (978) 323-7929. You can also visit NEIWPCC's website.
Improper handling and storage of petroleum, hazardous substances/chemicals or liquefied natural gas (LNG) can result in spills that threaten the environment or pose health and safety risks to nearby persons. Across the state, there have been instances of spills of petroleum or chemicals that have caused groundwater contamination including some public water supplies. Storage and handling of LNG poses primarily fire safety concerns and risks from handling a cryogenic (extremely cold) material.
Based on several federal and state laws, regulations, and guidance documents, DEC has developed the following programs to establish requirements for the safe storage and handling of these materials, inspection programs to verify that these requirements are being met, and enforcement procedures to require that violations be corrected and deter future non-compliance:
PBS registrations can now be submitted online! Instructions and further details can be found here.
The PBS program applies to properties which have, except for tank systems that are specifically exempted:
The CBS program applies to properties that store a hazardous substance (a substance listed in 6 NYCRR Part 597) in:
All regulated tanks at facilities must be registered with DEC and managed in compliance with applicable regulations for the storage and handling of hazardous substances.
Link to applicable regulations -
Certain underground storage tanks (USTs) storing petroleum or hazardous substances/chemicals are also subject to federal regulations (40 CFR Part 280) from the United States Environmental Protection Agency (EPA).
Under federal and state regulations, certain underground storage tank (UST) systems must have Operators who are trained in tank-specific knowledge. The revision of New York State's petroleum bulk storage (PBS) regulations, 6 NYCRR Part 613, went into effect on October 11, 2015 and required facilities with such tanks to designate the names of their authorized Class A and Class B Operators with DEC by October 11, 2016. To become authorized, Operators must be trained and must pass a DEC-administered exam that demonstrates their competence to operate these tank systems.
The MOSF program applies to facilities that store a total of 400,000 gallons or more of petroleum in aboveground and underground storage tanks. Facilities must be licensed by DEC and managed in compliance with applicable regulations for the storage and handling of petroleum. Vessels that transfer petroleum to another vessel while operating in the waters of New York State must also obtain an MOSF license prior to these transfers. As applicable, both on-shore MOSFs and MOSF vessels must submit monthly license fees and surcharges to DEC. These fees apply to each barrel of petroleum the first time that the petroleum is imported into New York State (see Navigation Law Section 174).
The LNG program applies to facilities that store LNG or convert it back into a gas, with some exceptions. Facilities must be permitted by DEC and managed in compliance with applicable regulations for the storage and handling of LNG.
Division of Environmental Remediation
625 Broadway
Albany, NY 12233
