NYSDEC Releases Revised Petroleum and Chemical Bulk Storage Regulations

The New York State Department of Environmental Conservation (DEC) announced it adopted revised petroleum bulk storage (PBS) and chemical bulk storage (CBS) regulations in June 2023. The primary goal of these revisions is to make the language between existing federal and state regulations on bulk storage consistent with each other. This blog provides an overview of the significant changes associated with these revisions.

6 NYCRR Part 613 – Petroleum Bulk Storage

• The definition of Category 1/2/3 tanks has been changed. Previously, a tank system as a whole was classified under one of these categories, dependent on when it was installed (Category 1, installed before December 27, 1986; Category 2, installed between December 27, 1986 and October 11, 2015; and Category 3, installed after October 11, 2015). Under the revised June 2023 regulations, the separate components of a tank system will be classified under one of the three categories based on when they were installed. The definition of installation date remains unchanged.
• A leak or spill of petroleum into secondary containment has been redefined. The revised regulations now state that petroleum that does not reach the environment does not constitute a release.
• The DEC will require the retesting/recertification of Class A/B Operators every five years. Currently certified Class A/B Operators must retake and pass the DEC’s exam “within the later of the following: two years after [new effective date], or five years after the date of the last valid Operator authorization certificate.” This change is set to go into effect on October 17, 2023, thus Class A/B Operators who received their certification more than 5 years prior to that date will have to retake and pass the exam by October 17, 2025 in order to avoid a lapse in certification.

The revised PBS regulations emphasize that records may be maintained in printed or electronic format as long as they can be made available upon DEC’s request. It was also made more explicit that registrations must be renewed every five years and that the registration certificate must be “displayed at all times in a conspicuous place at the facility.”

6 NYCRR Parts 596-599 – Chemical Bulk Storage

• 6 NYCRR Parts 596-599 have been repealed and have been replaced by an amended version of 6 NYCRR Part 597 (Hazardous Substances Identification, Release Prohibition, and Release Reporting) and with the new 6 NYCRR Part 598, Hazardous Substance Bulk Storage (formerly Handling and Storage of Hazardous Substances). The combination of regulations is part of the DEC’s goal to make both PBS and CBS regulations consistent with each other.
• The definition of Category 1/2 tanks has been changed. This change is similar to the PBS definition revision. Separate components of a tank system are classified as their own rather than the tank system as a whole. The installation date remains unchanged as well (Category 1, installed before August 11, 1994; and Category 2, installed on or after August 11, 1994).

If you need assistance with PBS or CBS compliance, Walden has a team of experts that are ready to help! Give us a call at 516-271-1948.