Bulk Storage Regulatory Revisions
Bulk Storage of Chemicals, Petroleum, and Liquefied Natural Gas
Recently Adopted Regulations
Part 613 and Part 597/598 rulemakings were proposed in the State Register on June 16, 2021 and November 16, 2022. Public comments were received and are addressed in the Assessment of Public Comments for each regulation. No substantive changes were made to the proposed regulations, and they were adopted in June 2023. Both adopted regulations were noticed in the July 19, 2023, State Register and in DEC's Environmental Notice Bulletin. New requirements related to financial assurance and operator training will be effective on October 17, 2023, 90 days from publication in the State Register.
Adopted 6 NYCRR Part 613 - Petroleum Bulk Storage Regulations
This rulemaking amends 6 NYCRR Part 613 and is principally aimed at harmonizing existing State requirements with the federal requirements found in 40 CFS Parts 280 and 302. The amendments aim to clarify and better harmonize the PBS and CBS programs.
- Text of Regulation (PDF)
- Text of Express Terms (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF)
- Assessment of Public Comments (PDF)
- Supporting Documents (PDF) - Express Terms (Summary), Regulatory Impact Statement (Summary), Regulatory flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement Exemption, New Incorporation by Reference documents, Dept of State Fire Codes review and DEC response, Petroleum Bulk Storage Advisory Council Review and DEC response.
Adopted 6 NYCRR Part 596-599 - Chemical Bulk Storage Regulations
These rulemakings are principally intended to harmonize existing State Requirements with federal requirements found in 40 CFS Part 280. These rulemakings include:
Repeal of:
- 6 NYCRR Part 596, Hazardous Substance Bulk Storage Facility Registration
- 6 NYCRR Part 598, Handling and Storage of Hazardous Substances
- 6 NYCRR Part 599, Standards for New Hazardous Substance Tank Systems
Addition of:
- 6 NYCRR Part 598, Hazardous Substance Bulk Storage (formerly Handling and Storage of Hazardous Substances)
Amendments to:
- 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting
Text of Rulemakings
- Text of Regulation (PDF) - 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting. Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Text of Regulation (PDF) - 6 NYCRR Part 598, Handling and Storage of Hazardous Substances. All text is new material.
- Text of Express Terms (PDF) - 6 NYCRR Part 597-598 Combined.
- Regulatory Impact Statement (PDF)
- Assessment of Public Comments (PDF)
- Supporting Documents (PDF) - Express Terms (Summary), Regulatory Impact Statement (Summary), Regulatory flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement Exemption, and new Incorporation by Reference citations.
Contact: Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012; Phone: 518-402-8874; E-mail: [email protected].
6 NYCRR Part 597 - Hazardous Substances Identification, Release Prohibition, and Release Reporting
The Department adopted amendments to Part 597 , effective March 3, 2017, which finalized the (1) addition of perfluorooctanoic acid (PFOA-acid), ammonium perfluorooctanoate (PFOA-salt), perfluorooctane sulfonic acid (PFOS-acid), and perfluorooctane sulfonate (PFOS-salt) to the list of hazardous substances at 6 NYCRR Section 597.3; (2) allowance for continued use of firefighting foam that may contain PFOA-acid, PFOA-salt, PFOS-acid or PFOS-salt to fight fires (but not for training or any other purposes) on or before April 25, 2017 even if such use may result in the release of a reportable quantity (RQ), which is otherwise prohibited; and (3) correction to the list of hazardous substances by providing units for RQs.
6 NYCRR Parts 595-599, 612-614, 370, and 374-2 - Revisions to Chemical Bulk Storage, Petroleum Bulk Storage and Used Oil Management Regulations
The Department adopted revised regulations for the bulk storage of petroleum and chemicals and for the management of used oil. The petroleum and chemical bulk storage revisions are effective October 11, 2015; the management of used oil revisions are effective November 10, 2015. The revised regulations reflect changes in State laws and federal laws and regulations; and include:
- repeal of Part 595, "Releases of Hazardous Substances"
- repeal of Part 596, "Hazardous Substance Bulk Storage Regulations"
- repeal of Part 597, "List of Hazardous Substances"
- addition of a new Part 596, "Hazardous Substance Bulk Storage Facility Registration"
- addition of a new Part 597, "Hazardous Substance Identification, Release Prohibition, and Release Reporting"
- amendments to Part 598, "Handling and Storage of Hazardous Substances"
- amendments to Part 599, "Standards for New Hazardous Substance Tank Systems" (formerly "Standards for New or Substantially Modified Hazardous Substance Storage Facilities)
- repeal of Part 612, "Registration of Petroleum Storage Facilities"
- repeal of Part 613, "Handling and Storage of Petroleum"
- repeal of Part 614, "Standards for New and Substantially Modified Petroleum Storage Facilities"
- addition of a new Part 613, "Petroleum Bulk Storage" to include the requirements from existing Parts 612-614 along with requirements from changes in State laws and federal laws and regulations
- amendments to Part 370, "Hazardous Waste Management System - General" in section 370.1(e)(2) and amendments to Subpart 374-2, "Standards for the Management of Used Oil."
6 NYCRR Part 570, Liquefied Natural Gas
The Department adopted a new 6 NYCRR Part 570, Liquefied Natural Gas (LNG), effective February 26, 2015. The addition implements requirements for the safe siting and operation of LNG facilities and transportation of LNG under Article 23, Title 17 of the Environmental Conservation Law. LNG facilities are those that either store LNG in a tank system or convert LNG into natural gas through vaporization.6 NYCRR Part 597 - Hazardous Substances Identification, Release Prohibition, and Release Reporting.
The Department adopted an emergency rule to add perfluorooctanoic acid, ammonium perfluorooctanoate, perfluorooctane sulfonic acid, and perfluorooctane sulfonate to the list of hazardous substances. While the emergency rule makes the amendments to 6 NYCRR Part 597 effective April 25, 2016, the emergency adoption is temporary. The proposed rule provides for the amendments to become permanent upon adoption.
