New York Petroleum Bulk Storage Facility Registration (18-NY-c)
Petroleum Bulk Storage Facility Registration Process
18-NY-c.1 to 18-NY-c.2 – Is the Storage Tank Subject to Regulation by the Department of Environmental Conservation (DEC)?
The Department of Environmental Conservation (DEC) regulates the storage of petroleum in both Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs). For purposes of the petroleum bulk storage (PBS) program, New York regulations define a “tank” as a stationary device designed to store petroleum, which is constructed of non-earthen materials that provide structural support. The term “tank” includes all associated pipes, lines, and other ancillary equipment. A UST is a tank system that has ten percent or more of its volume beneath the surface of the ground or that is covered by materials and not situated in an accessible underground area. 6 CRR-NY 613-1.3. An AST is any tank system that is not an underground tank system. 6 CRR-NY 613-1.3.
The DEC does not regulate tank systems or pipelines meeting any one of the descriptions provided below:
- Any operational tank system (as defined in 6 CRR-NY 613-1.3(an));
- Any temporary tank system that is removed within 180 days after installation;
- Any tank system that is part of a facility that has been constructed, acquired, or operated in accordance with a Certificate of Public Convenience and Necessity issued by the Federal Energy Regulatory Commission pursuant to the terms of 15 U.S.C. §717f;
- Any heating oil tank system used for on-premises consumption that is not interconnected to any other heating oil tank system and which has a storage capacity of less than 1,100 gallons, unless such tank system is located on a property that has another tank system or set of tank systems that otherwise independently meets the definition of facility;
- Any tank system that has a storage capacity of 1,100 gallons or less and is used to store motor fuel for non-commercial purposes (not for resale) at a farm or residence, unless such tank system or systems are located on a property that has another tank system or set of systems that otherwise independently meets the definition of facility;
- Any tank system that is used to store or contain asphalt cement (however, a tank system used to store or contain asphaltic emulsions is included);
- Any tank system that has been permanently closed;
- Pipelines that enter or leave the property; or
- Any wastewater treatment tank system.
18-NY-c.3 to 18-NY-c.4 – Is the Storage Tank Located at a Facility Subject to Regulation by the DEC?
The DEC’s PBS program applies only to the storage of petroleum at regulated facilities. For purposes of the PBS program, a “facility” is a property on or in which is located:
- One or more tank systems having a combined storage capacity that is greater than 1,100 gallons;
- An underground tank system having a storage capacity that is greater than 110 gallons; or
- A temporary tank system that is not removed within 180 days after installation.
All regulated AST systems and UST systems that are part of a regulated facility are subject to regulation by the DEC under ECL Title 10. 6 CRR-NY 613-2.1; 6 CRR-NY 613-3.1; 6 CRR-NY 613-4.1.
Note: A UST system may also be subject to Subtitle 1 of the Resource Conservation and Recovery Act (RCRA) §§ 6991-6991m and 6 CRR-NY 613-2.1.
18-NY-c.5 to 18-NY-c.6 – Is the Developer Applying for a Variance?
The developer may apply for a variance from the Petroleum Bulk Storage requirements. 6 CRR-NY 613-1.8. The variance application must:
- Identify the specific provision from which the variance is sought;
- Show that the proposed activity will have no adverse impact on public health and the environment;
- Show that the proposed activity will be consistent with provisions of the ECL;
- Show that the proposed activity will provide the required level of environmental protection; and
- Provide the DEC with appropriate evidence that the new or alternative designs, practice, or methods meet the above criteria.
18-NY-c.7 to 18-NY-c.8 – Is the Storage Capacity of the Facility 400,000 Gallons or More?
If the storage tank and facility are subject to regulation by the DEC and the storage capacity of the facility is 400,000 gallons or larger, the facility must apply for a major petroleum facility license per Article 12 of the Navigation law. Note: the major oil storage facility program is not delegated to the county level. See DER-11/Procedures for Licensing Onshore Major Oil Storage Facilities.
18-NY-c.9 – Initial Registration Certificate Application
If the storage capacity of the facility is under 400,000 gallons, the developer must comply with the requirements of the PBS program and must obtain an initial registration certificate from the DEC prior to the first receipt of petroleum into a new tank system. (6 CRR-NY 613-1.9(a).
Every application for an initial registration must include the applicable registration fee and certify that facilities comply with the applicable requirements under 6 CRR-NY 613. Applications must also include a copy of the current property deed or other evidence of property ownership if the deed does not exist. 6 CRR-NY 613-1.9(d)(3).
Any corrections to the developer’s registration information must be submitted to the DEC using paper or electronic forms and must include the following changes:
- Contact information;
- Class A or class B operator;
- Tank system status
- Tank system equipment; or
- Type of petroleum stored.
Note for UST facilities subject to Subtitle 1 of the Resource Conservation and Recovery Act (RCRA) §§ 6991-6991m and the Federal UST Regulations (40 C.F.R. § 280.90-280.112): Developers of PBS facilities with USTs with a capacity of more than 110 gallons (except those excluded under 40 C.F.R. § 280.12) must have the financial means to help pay for the costs of corrective action and third party damages caused by a release from their underground tank. There are no additional requirements under New York state law to maintain financial responsibility.
18-NY-c.10 to 18-NY-c.11 – Review Application Materials for Completeness and Accuracy
Applications to register a PBS facility are subject to review for completeness and accuracy. During Tier 1 Review, the DEC reviews each application to determine its completeness and accuracy and whether the information provided conforms to the conditions observed and established by inspectors during inspections (if applicable; inspections of facilities are typically scheduled after the facility is registered). If the DEC determines that an application is incomplete or inaccurate, the application and accompanying fee will be returned to the developer with instructions to cure the deficiency. Application Review Policy for PBS and CBS Registration Applications (DER-12).
18-NY-c.12 – Is the Facility in Compliance With the Appropriate Requirements?
If the data indicate that a facility is not in compliance with requirements, the DEC will perform a Tier 2 Review or conduct an on-site inspection of the facility. In Tier 2 Review, the developer must verify compliance with respect to each item for which the DEC cannot make a determination. Even if Tier 2 Review is not required, the DEC may request a developer to submit documentation demonstrating compliance with the applicable requirements. If the DEC’s review identifies apparent violations, the application and check will be returned and the developer directed to submit documentation demonstrating compliance. If the developer cannot demonstrate compliance, the DEC may undertake enforcement. Application Review Policy for PBS and CBS Registration Applications (DER-12).
18-NY-c.13 – Registration Certificate
Upon submittal of a complete and accurate registration application and payment of the applicable registration fee, the DEC will issue a registration certificate. Once received, the registration certificate must be prominently displayed at all times at the facility. 6 CRR-NY 613-1.9(g).
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