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NYSDEC Chemical & Petroleum Bulk Storages, Used Oil Regulations [US]
- #CBS (chemical bulk storage)
- #NYSDEC (New York State Department of Environmental Conservation)
- #PBS (petroleum bulk storage)
On September 30th, 2015, the New York State Department of Environmental Conservation (NYSDEC) announced a series of finalized rules under the petroleum bulk storage (PBS), chemical bulk storage (CBS) and used oil management state regulations.
Since the amendments are intended to primarily make technical and structural changes, the new rules do not create substantive changes to existing requirements.
The new PBS and CBS rules become effective on October 11th, 2015 and the new used oil management rules become effective on November 10th, 2015.
Amendments to previous regulations
The NYSDEC finalized a series of rule makings to amend New York’s PBS regulations (6 NYCRR Part 613), hazardous waste management system regulations (6 NYCRR Part 370), standards for the management of used oil (6 NYCRR Part 374-2) and hazardous substance bulk storage regulations (6 NYCRR Parts 595-599), commonly known as the CBS program.
The NYSDEC announced the proposed rule makings in August 2014 and finalized the new rules on September 11th, 2015.
Changes to petroleum storage
Under the PBS regulations, the NYSDEC repealed Parts 612, 613, and 614, instead adopting a new Part 613, which incorporates federal amendments to 40 CFR Part 280 governing the handling and storage of petroleum in underground and aboveground storage tank systems.
The new Part 613 requirements will now reflect current technology and practices for PBS tank system manufacture, installation and maintenance.
Further amendments
To reflect changes made to Part 613 for underground and aboveground petroleum tanks, the NYSDEC also amended the definitions and cross-references in 6 NYCRR Subpart 374-2, which contain the used oil management standards.
The used oil provisions have also been updated with federal corrections and clarifications to 40 CFR Part 279, “Standards for the Management of Used Oil.”
The NYSDEC has also amended the testing and monitoring provisions in 6 NYCRR Subpart 374-2 to provide additional sampling and analysis methods to demonstrate compliance with the hazardous waste regulations.
Compliance with federal standard
Under the CBS regulations, 6 NYCRR Parts 595, 596 and 597 have been repealed and replaced by new Parts 596 and 597 and amended Parts 598 and 599. The rule changes make the state regulations for managing hazardous substances consistent with the federal standard.
In addition to making typographical and technical corrections, new text has been added to clarify that a chemical release is reportable if a spill above the threshold quantity occurs within any 2-hour period. As required by the federal standards, the new sections also require tank system operators to receive special training and clarify that the NYSDEC may prohibit deliveries of petroleum and hazardous substances to noncompliant tank systems.
While operators of underground tanks will need to complete operator training and testing requirements by October 11th, 2016, the remainder of the rule changes incorporating federal amendments become effective on October 11th, 2015 and November 10th, 2015.
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