Regulation Of Petroleum Tanks
Important Notice On Registration Fees Increase
The most recent enacted legislation in which the Environmental Conservation Law S 17-1009(2) was amended to increase petroleum bulk storage registration fees is reflected in the table below:
| Combined Storage Capacity at Facility | 5-Year Fee for Facility |
|---|---|
| Up to 1,100 gallons | $0 per storage facility |
| Greater than 1,100 to 2,000 gallons | $100 per storage facility |
| Greater than 2,000 gallons to less than 5,000 gallons | $300 per storage facility |
| 5,000 gallons to less than 400,000 gallons | $500 per storage facility |
Summary
In 1983 (and most recently revised in 2008), the State Legislature enacted Article 17, Title 10 of the Environmental Conservation Law, entitled "Control of the Bulk Storage of Petroleum." The Law applies both to Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) and gives DEC authority to regulate such tanks. Exempted from this law, because they are regulated under other programs, are facilities licensed under the Navigation Law and facilities regulated under the Natural Gas Act.
Under the newest revision of the Petroleum Bulk Storage (PBS) regulations (6 NYCRR Part 613), which went into effect on October 11, 2015, owners are required to register petroleum bulk storage facilities with DEC (see 6 NYCRR sections 613-1.3(v & bk) to determine if these regulations apply to your tank system). Registration expires every five years and registration fees must be paid for every registration/renewal. These fees vary from $0 to $500 per facility, depending on capacity.
Nassau, Suffolk, Westchester, and Cortland Counties administer their own PBS programs for their respective localities, pursuant to delegation from DEC. Because these counties may have more stringent requirements than the State, owners and operators should contact the county to learn of specific local requirements.
6 NYCRR Part 613 has requirements that are subdivided in two different ways, the Category of the tank system (based on the date of installation), and the Subpart of the installation (based on the intended use of the stored petroleum and whether installed above or below ground). 6 NYCRR section 613-1.3(e-g) defines the Categories of tanks, and the Subparts are broken down as follows:
Subpart 2 tank systems: These are Underground Storage Tank (UST) systems that are generally associated with fueling centers (such as gas stations) and are subject to both state (6 NYCRR Part 613) and federal (40 CFR 280) regulations. This Subpart is actually defined by exclusion, i.e. regulated UST facilities that are not subject to Subpart 3.
Subpart 3 tank systems: These are special case UST systems and the applicability of this Subpart is given in section 613-3.1(a) and listed below. These USTs:
- contain heating oil used for on-premises consumption;
- have a design capacity of 1,100 gallons or less and are used to store motor fuel for non-commercial purposes (not for resale) at a farm or residence;
- are part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50; or
- consist of a field-constructed tank.
Subpart 4 tank systems: These are Aboveground Storage Tank (AST) systems. Depending on their size and location they may also be subject to federal regulation under 40 CFR 112.
For a full understanding of what is required when storing petroleum in New York State and whether a tank is subject to these regulations, please read the most recently revised Petroleum Bulk Storage regulations, 6 NYCRR Part 613 (PDF) (106 pages, 498 KB).
Division of Environmental Remediation
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Albany, NY 12233
