In order to be consistent with current state and federal laws, the New York State Department of Environmental Conservation (DEC) has proposed changes to update and consolidate the existing state regulations for Petroleum Bulk Storage (PBS), Chemical Bulk Storage (CBS), and Management of Used Oil. The proposed changes would clarify existing requirements and consolidate many of the changes made over recent years to several federal and NY State laws and regulations. The proposed regulations represent Phase 1 of a planned two-phase rule making process. Phase 2 would be proposed after the U.S. Environmental Protection Agency finalizes its rule making process regarding storage of petroleum and hazardous substances in underground storage tanks (USTs) 40 CFR 280-281.
Roux Associates is exceptionally positioned to provide expert advice regarding interpretation of the new rules and to assist you with management and permitting needs for PBS and CBS facilities. We can also audit your facility and recommend specialists for tank and pipeline installation and repairs in order to keep you in compliance with the new rules. If you are interested in learning more about these regulations and/or would like a technical brownbag tailored to your needs, please click here and we would be happy to assist you.
Below are highlights of the updated regulations:
- To simplify compliance, existing federal and state regulations for underground tanks would be consolidated providing the regulated community with one regulation. Unless exempted, most underground tanks larger than 110 gallons would be regulated, where as previously, only facilities with one or more tanks with combined storage greater than 1,100 gallons were regulated. Temporary tanks would be excluded from regulations.
- Every facility would have to designate at least one Class A and one Class B operator for each UST system or group of UST systems (the same individual may be designated as both); and one or more Class C operators for each UST system or group of systems.
- The Class A operator would be the individual who has primary responsibility to operate and maintain the UST system at a facility, and would manage resources and personnel to achieve and maintain compliance with the proposed regulations.
- The Class B operator would be the individual who has day-to-day responsibility for the UST system, and would implement field aspects of operation and maintenance, and associated recordkeeping for the UST system.
- The Class C operator would be the individual who has primary responsibility for initially addressing emergencies presented by a spill or release from a UST system, and would control or monitor the dispensing or sale of petroleum.
- Facilities would have to designate Class A, Class B and Class C operators within twelve months after the rule changes are finalized. Class A and Class B operators must pass an exam acceptable to the DEC that measures knowledge relevant to the management of PBS facilities. Each designated Class C operator must be trained and tested under the direction of the Class A or Class B operator, to take appropriate action in response to emergencies with the UST system.
- Inventory monitoring is being required only for motor fuel UST systems. Inventory reconciliation would have to be done every 10 days.
- The proposed new definitions for “petroleum” and “facility” are noteworthy. If a mixture contains one percent or more petroleum, and no hazardous substance, then it would be regulated as petroleum. Some facilities may need to register non-operational tanks that store petroleum impacted water. The new definition of facility would mean that the property owner, not the tank owner, would be responsible for registration.
- Tank systems would be classified based on installation dates, and would have different requirements. Category 1 tank systems would be those installed before December 27, 1986. Category 2 tank systems would be those installed after December 27, 1986 up until the effective date of the final rule. Category 3 tank systems would be those installed after the effective date of the final rule.
- Existing federal and state regulations would be consolidated similarly to the PBS regulations above.
- For example, every regulated facility would require at least one Class A, Class B or Class C operator within twelve months after the rule changes are finalized.
- Definitions of used oil tank systems, aboveground used oil tank systems, and underground used oil tank systems are all being revised to be consistent (federal and state).
- Clarifications are being made with respect to mixtures of used oil and polychlorinated biphenyls and their applicability to the Federal Toxic Substances Control Act and its implementing regulations, 40 CFR Part 761.
- The regulation of mixtures of used oil and hazardous waste from conditionally exempt small quantity generators is also being clarified.