Revised Summary Of Express Terms - 6 NYCRR Parts 595-599
Repeal of:
6 NYCRR Part 595, Releases of Hazardous Substances
6 NYCRR Part 596, Hazardous Substance Bulk Storage Regulations
6 NYCRR Part 597, List of Hazardous Substances
Addition of:
6 NYCRR Part 596, Hazardous Substance Bulk Storage Facility Registration
6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting
Amendments to:
6 NYCRR Part 598, Handling and Storage of Hazardous Substances
6 NYCRR Part 599, Standards for New Hazardous Substance Tank Systems (formerly Standards for New or Modified Hazardous Substance Storage Facilities)
The New York State Department of Environmental Conservation (Department) has amended its existing rules that establish: methods and lists for identifying hazardous substances, requirements for reporting and remediation of releases of hazardous substances, requirements concerning sales of hazardous substances, and requirements for the handling and storage of hazardous substances, commonly known as the chemical bulk storage (CBS) program. The previous rules were found at 6 NYCRR Parts 595 through 599 and have been revised as described below.
Existing Part 595
Existing Part 595, Releases of Hazardous Substances, has been repealed.
Existing Part 596
Existing Part 596, Hazardous Substance Bulk Storage Regulations, has been repealed.
New Part 596
A new Part 596, Hazardous Substance Bulk Storage Facility Registration, has been adopted. The express terms are summarized as follows:
Section 596.1: General
Section 596.1 contains provisions covering the purpose of the rule, applicability, definitions, severability, access to records and tank systems, confidentiality, and enforcement.
Section 596.2: Registration of Facilities
Section 596.2 contains provisions covering the registration process for tanks. It describes the requirements of the application forms. It describes the requirements for transfer of ownership. The following requirements are also described: registration of new facilities, change of substance stored, newly installed tanks, registration certificate, and identification numbers on tanks.
Section 596.3: Registration Fees for Facilities
Section 596.3 describes fees required for registration, re-registration or renewal. It states that no fee would be required for notifications of newly installed tanks.
Section 596.4: Sale of Hazardous Substances
Section 596.4 contains the requirements for the distribution of hazardous substances including the contents of technical guidance and recommended practices. It also requires the manufacturer or distributor to file an up-to-date copy of its technical guidance and recommended practices with the department. This Part also prohibits the delivery to unregistered tanks.
Existing Part 597
Existing Part 597, List of Hazardous Substances, would be repealed.
New Part 597
A new Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting, has been adopted. The express terms are summarized as follows:
Section 597.1: General
Section 597.1 contains a description of purpose of the rule, definitions, severability, and references. The purpose statement of Part 597 now explicitly includes the prohibition of releases, release reporting, and a requirement to remediate releases (provisions moved from previous version of Parts 595 and 596).
Section 597.2: Criteria for Identifying a Hazardous Substance or Acutely Hazardous Substance
Section 597.2 describes the six criteria for identifying a hazardous substance and four criteria for identifying an acutely hazardous substance.
Section 597.3: List of Hazardous Substances
In order to be consistent with changes to 40 Code of Federal Regulations Part 302 made since Part 597 was initially promulgated, 19 substances have been added (36 names added including synonyms) and four substances have been deleted (three names deleted) from the two tables listing hazardous substances in Part 597.
Section 597.4: Releases of Hazardous Substances
Section 597.4 includes a release reporting section that was largely drawn from the existing Part 595. New language was added that indicates a release would be reportable when a release of a reportable quantity occurs within any 24-hour period.
Revised Part 598
Part 598, Handling and Storage of Hazardous Substances, has been amended. Various terms, such as "tank" and "tank system," have been changed to conform with the definitions in the new Part 596. New sections addressing operator training and delivery prohibition were added. The existing requirements concerning release reporting, spill response, investigation, and corrective action, found in the previous version of Parts 595 and 596, were moved to this amended Part. Public participation provisions have also been added.
Revised Part 599
Part 599, currently titled Standards for New or Modified Hazardous Substance Storage Facilities, has been given the new title Standards for New Hazardous Substance Tank Systems. Minor changes were made to this Part so it conforms to the terminology used in the other Parts of these newly adopted rules for the CBS program.
