The New York State Department of Environmental Conservation (DEC) recently announced the availability of draft revisions to the Petroleum Bulk Storage (PBS), Chemical Bulk Storage (CBS), and Used Oil regulations for public comment. DEC first released proposed changes to the PBS and CBS regulations for informal public comment in August 2013. In response to comments received, DEC modified the proposed rules, and the revised proposals reflecting stakeholder input are now available for public comment.

DEC is revising the regulations pertaining to the handling and storage of petroleum and hazardous substances to reflect changes in New York State and federal laws (6 NYCRR Part 613 of the PBS regulations; 6 NYCRR Subpart 374-2 of the Standards for the Management of Used Oil; 6 NYCRR section 370.1(e)(2) of the Hazardous Waste Management regulations; and 6 NYCRR Parts 596-599 of the CBS regulations).

The proposed PBS and CBS regulations combine existing State and federal underground storage tank (UST) requirements for certain USTs and aboveground storage tanks to make it easier to comply with equipment and handling standards needed to prevent contamination of soil, groundwater, surface water, and public water supplies. Subpart 374-2 and section 370.1(e)(2) are also being revised to reflect changes in federal regulations.

The draft revisions to the PBS regulations are intended to make them consistent with the federal regulations governing USTs. Other major changes in the PBS regulations include modifications of definitions to conform to the New York State 2008 statutory changes. For example, "facility" is now defined as the property on which the tanks are located, rather than the tanks themselves, as it appears in the current rules. As a result, the property owner, not the tank owner, is responsible for tank registration. The term "petroleum" has been expanded to include synthetic forms of certain oils, including lubricating, dielectric, insulating, hydraulic, and cutting oils.

The draft revisions to the CBS regulations clarify the reportable quantity (RQ) provision such that the RQ will apply to a release of a hazardous substance that occurs within any 24-hour period, making this provision consistent with federal release reporting requirements. The existing regulations require reporting anytime a RQ is exceeded, regardless of the length of time during which the release occurs. Additionally, the list of hazardous substances is being updated to be consistent with federal CERCLA regulations (40 CFR Part 302.4). Other proposed changes in the CBS regulations include requiring operator training for USTs (operators will have one year to complete initial training and testing) and certain delivery prohibitions.

These proposed changes represent Phase I of a two-phase rule making process. Phase II will occur once the U.S. Environmental Protection Agency finalizes its revisions to the federal regulations governing the storage of petroleum and hazardous substances in USTs (40 CFR Parts 280-281).

Comments will be accepted online at: http://www.dec.nys-public-comments.com or by mail to Russ Brauksieck at NYSDEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020 until November 4, 2014.

Information regarding the draft regulations and a DEC webinar on the topic can be found on the DEC’s website: http://www.dec.ny.gov/regulations/98151.html.

Notice of Availability of Proposed New Program Policy for Operator Training

In addition to the proposed rule changes, DEC also announced the availability of a proposed new Program Policy which provides guidance on the training of operators of UST systems at PBS and CBS facilities in New York State. Under the proposed rule changes, training and subsequent assessment of knowledge (i.e., passing an exam) is required for operators at facilities with: (1) UST systems regulated under 6 NYCRR Subpart 613-2 for PBS facilities; or (2) UST systems regulated under 6 NYCRR Part 596 for CBS facilities which store a hazardous substance listed in 6 NYCRR Part 597.

Written comments regarding the proposed Program Policy will be accepted by mail to Jim Victor at NYSDEC, Division of Environmental Remediation, Bureau of Technical Support, 625 Broadway, Albany, New York 12233-7020 or by e-mail to
derweb@dec.ny.gov until November 4, 2014.

The proposed Program Policy is available on DEC’s website at: http://www.dec.ny.gov/regulations/2387.html.