Tank owners and operators must maintain records to be in compliance with DEC's Petroleum Bulk Storage (PBS) and USEPA's Underground Storage Tank (UST) regulations.
Reference Documents to Download/Print
DEC has prepared checklists summarizing all possible recordkeeping requirements that apply to PBS facilities – these checklists are collectively known as the PBS Compliance Binder, which replaces the former PBS Recordkeeping Guides. As with the Guides, the Compliance Binder is intended to help facility owners/operators prepare for PBS inspections and identify/organize the records they are required to retain/maintain. Facilities are not required to use the Binder, but DEC recommends that they adopt a clear, organized system to ensure that required records will be easily located when needed by the operator and/or DEC inspectors.
It is unlikely that any one facility will need to maintain every type of record listed. Owners and operators must determine and maintain the records required for their facility/tank system(s), and ensure that their records are complete, up to date, and retained for the correct time periods.
DEC recommends that owners/operators: download/print the appropriate checklists; determine the documents/records required for their facility/tank system(s)/components(s); then organize/file the records. The five checklists are as follows:
- Facilities – Recordkeeping Checklist (PDF)
- a list of records that must be maintained for EACH PBS FACILITY. Typically, only one copy – of each of these records – is required per PBS facility. Note: some of these records are only required when certain tank systems are present on site. - Subpart 2 Underground Storage Tank (UST) Systems – Recordkeeping Checklist (PDF)
- a list of records that must be maintained for each underground tank system (i.e., a tank system that has 10 percent or more of its volume either beneath the ground surface or covered by materials such as backfill, concrete encasement, etc.) storing petroleum, but not subject to Subparts 3 or 5 (see below). Subpart 2 tank systems are subject to DEC’s PBS regulations AND EPA’s UST regulations. - Subpart 3 Underground Storage Tank (UST) Systems – Recordkeeping Checklist (PDF)
- a list of records that must be maintained for each underground tank system (i.e., a tank system that has 10 percent or more of its volume beneath the ground surface or covered by materials such as backfill, concrete encasement, etc.) that is not a hydrant system subject to Subpart 5 (see below) and meets one of the following conditions:- contains heating oil that is consumed on the premises where stored; or
- has a storage capacity of 1,100 gallons or less and stores motor fuel for non-commercial purposes (i.e., not for resale) at a farm or residence; or
- is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50.
Subpart 3 tank systems are subject to DEC’s PBS regulations.
- Subpart 4 Aboveground Storage Tank (AST) Systems – Recordkeeping Checklist (PDF)
- a list of records that must be maintained for each aboveground storage tank (AST) system (i.e., a tank system that has less than 10 percent of its volume either beneath the ground surface or covered by materials such as backfill, concrete encasement, etc.) storing petroleum, but not subject to Subpart 5 (see below). Subpart 4 tank systems are subject to DEC’s PBS regulations. - Subpart 5 Hydrant Systems – Recordkeeping Checklist (PDF)
- a list of records that must be maintained for each hydrant system (i.e., a tank system which fuels aircraft, watercraft, or rail vehicles and operates under high pressure with large diameter piping that typically terminates into one or more hydrants/fill stands) storing petroleum. Hydrant systems may be an underground storage tank (UST) system OR an aboveground storage tank (AST) system. Subpart 5 tank systems are subject to DEC’s PBS regulations, but may also be subject to EPA’s UST regulations.
Record Location Requirements
Most records may be maintained at a centralized location instead of at the facility. However, the last 30 days of leak detection records must be available upon request.
- If DEC conducts an announced inspection, then all records should be available for DEC review at the time of the inspection.
- If DEC conducts an unannounced inspection, and the records are not available at the facility for DEC review at the time of the inspection, then copies of the records must be made available to DEC within three business days.
(Records may be in printed or electronic formats. And as necessary, records must at least include: a list of each tank system component/area checked; whether the equipment/area checked was acceptable or needed action taken; and a description of actions taken to correct an issue.)
