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Regulatory and Permitting Information Desktop Toolkit

New York Chemical Bulk Storage Facility Registration (18-NY-d)

The developer of a hydropower project may need to obtain a registration certificate from the Department of Environmental Conservation (DEC) prior to receiving a hazardous substance into a storage tank system. 6 CRR-NY 596.2. Environmental Conservation Law Article 40 enacted the “Hazardous Substances Bulk Storage Act” to regulate the storage and handling of hazardous substances. ECL § 40-0113 directs the DEC to promulgate regulations for a chemical bulk storage (CBS) program implementing Article 40. The DEC regulates hazardous substances in order to protect the public health, safety and welfare, and the state’s lands, waters, air, and environment. 6 CRR-NY 596.1(a).

Chemical Bulk Storage Facility Registration Process

18-NY-d.1 to 18-NY-d.2 – Is the Storage Tank Subject to Regulation By the Department of Environmental Conservation (DEC)?

A developer may be required to register with the Department of Environmental Conservation (DEC) under the CBS Program if the developer has one or more of the following:

  1. An aboveground storage tank (AST) system used to store hazardous substances (listed in 6 CRR-NY 597.3) in a tank with a storage capacity of 185 gallons or greater;
  2. An underground storage tank (UST) system used to store hazardous substances in a tank of any storage capacity; or
  3. A container used to store 1,000 kg or more of a hazardous substance at the facility for a period of 90 consecutive days or more.

6 CRR-NY 596.1(b).

For purposes of the chemical bulk storage (PBS) program, New York regulations define a “tank” as the portion of a tank system that contains the majority of the hazards in the tank system. A “storage tank system” is a stationary device constructed of non-earthen materials that provides structural support that is designed to store a hazardous substance. A storage tank system includes all associated piping and ancillary equipment, but does not include:

  1. Process tank systems;
  2. Assembly line tanks and accessory equipment which are parts of an aboveground tank system;
  3. Septic tanks, stormwater or wastewater collection systems;
  4. Capacitors or transformers containing polychlorinated biphenyls;
  5. Aboveground tank systems on an operating farm where the hazardous substances will be used for agricultural purposes on such farm;
  6. Tank systems which have been permanently closed; or
  7. Containers.

6 CRR-NY 596.1(c)(52)-(53).

A UST is a tank system that has 10 percent or more of its volume beneath the surface of the ground or that is covered by materials and is not located in a subterranean area accessible for visual inspection. 6 CRR-NY 596.1(c)(58). An AST system is any tank system that is not an underground system. 6 CRR-NY 596.1(c)(2).

A “container” is any portable devise in which a hazardous substance is stored, transported, treated, disposed of, or otherwise handled. 6 CRR-NY 596.1(c)(13).

Note: The DEC does not regulate tank systems meeting any one of the descriptions provided below:

  1. Tank systems regulated under article 27, title 7 of the Environmental Conservation Law (Solid Waste Management and Resource Recovery Facilities);
  2. Tank systems regulated under article 27, title 9 of the Environmental Conservation Law (Industrial Hazardous Waste Management);
  3. Tank systems regulated under article 27, title 11 of the Environmental Conservation Law (Industrial Siting Hazardous Waste Facilities);
  4. Tank systems regulated under article 12 of the Navigation Law or ECL article 17, title 10 (Petroleum Bulk Storage Act);
  5. Any temporary tank system; and
  6. Any container used to store less than 1,000 kg of a hazardous substance.

6 CRR-NY 596.1(b)(4)

18-NY-d.3 to 18-NY-d.4 – Is the Storage Tank Located at a Facility Subject to Regulation by the DEC?

The DEC’s Chemical Bulk Storage (CBS) program applies only to the storage of hazardous materials at regulated facilities. For purposes of the PBS program, a “facility” is a property on or in which are located one or more tank systems or containers. 6 CRR-NY 596.1(b)(20)

However, the DEC does not regulate facilities meeting any one of the descriptions provided below:

  1. Facilities regulated under provisions related to liquid petroleum pipeline corporations Public Service Law, article 3-C;
  2. Facilities regulated under article 23, title 17 of the Environmental Conservation Law (Liquefied Natural and Petroleum Gas Act);
  3. Facilities regulated under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. § 1671 et seq.) as set forth in ECL§ 40-0103.2;
  4. Facilities regulated under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. § 2001 et seq.) as set forth in ECL § 40-0103.3;
  5. Facilities regulated under the Natural Gas Act (15 U.S.C. § 717 et seq.) as set forth in ECL § 40-0103.4;
  6. Facilities regulated under the Atomic Energy Act of 1954 (42 U.S.C. § 2011 et seq.) as set forth in ECL § 40-0103.7;

6 CRR-NY 596.1(b)(4).

18-NY-d.5 – Notify DEC of Tank System Installation

The developer must notify the DEC at least three (3) days prior to installing a CBS tank system, unless immediate action is required to protect public health, safety, or the environment, or to keep the facility operating, in which case the developer must notify the DEC no later than two (2) hours after the decision is made to act. 6 CRR-NY 596.2(h).

18-NY-d.6 - Spill Prevention Report

Each regulated CBS facility must prepare and maintain a spill prevention report for preventing and responding to spills, releases, and accidents at the facility. The comprehensiveness of the spill prevention report will be a function of the risks of the facility. The report must be filed on the facility premises at all times and must include the following:

  1. A copy of the registration application and certificate issued under 6 CRR-NY 596.2;
  2. Management approval of the report evidenced by the signature of the principal executive officer or authorized representative;
  3. An up-to-date facility site map of sufficient detail to locate and identify tank systems and transfer stations;
  4. The name, signature, and license number of the professional engineer licensed in New York State or other qualified person who prepared the plan;
  5. Status report on compliance with 6 CRR-NY 596 and 6 CRR-NY 599;
  6. An appendix of those records (or index of records) which must be kept and made available to the DEC pursuant to the requirements of 6 CRR-NY 598, 6 CRR-NY 596, and 6 CRR-NY 599.
  7. Evidence of financial responsibility, if required by 6 CRR-NY 598.11; and
  8. A plan for spill response, including: a prediction of the direction of flow or dispersion of a spill, a map showing areas impacted by a spill including sewers, drainage ditches, water supplies, wells, streams, and populated areas; spill reporting procedures; plans for annual drills and other information consistent with generally accepted spill prevention control and countermeasure practices.

The spill prevention report must contain a discussion and assessment of any equivalent equipment, method, or practice where allowed under 6 CRR-NY 598 or 6 CRR-NY 599. This assessment must demonstrate through engineering, monitoring, data, tests, or past experience that measures or practices are in-place at the facility which are equivalent or superior to the standards for protecting the environment set forth in 6 CRR-NY 598 or 6 CRR-NY 599.

Additional information is required in the Spill Prevention Report after the Registration Certificate is issued. For more information, see 6 CRR-NY 598.1(k) and DER-26 How to Prepare a Spill Prevention Report for a Chemical Bulk Storage Facility.

18-NY-d.7 to 18-NY-d.8 – Is the Developer Applying for a Variance?

The developer may apply for a variance from the Handling and Storage of Hazardous Waste regulations (6 CRR-NY 598) and/or Standards for New Hazardous Substance Tank System regulations (6 CRR-NY 599). The variance application must:

  1. Identify the specific provision from which the variance is sought;
  2. Show that that compliance with the identified provision would tend to impose a substantial economic, technological, or safety burden on the developer in that particular situation; and
  3. Show that the proposed activity will have no significant adverse impact on public health, safety, welfare or the environment.

6 CRR-NY 598.1(e), 6 CRR-NY 599.1(e).

18-NY-d.9 – Registration Application

The developer must obtain an initial registration certificate from the DEC prior to the first receipt of a hazardous substance into a new tank system. 6 CRR-NY 596.2(a). Every application for an initial registration must include the applicable registration fee. Applications must also include a copy of the current property deed or other evidence of property ownership if the deed does not exist, and the following pages from the spill prevention report: cover page, table of contents, signature page, per DER-12 (application review policy) . 6 CRR-NY 596.2(d).

The developer must be able to provide evidence to the DEC of financial responsibility for corrective action and for operating, maintaining, or closing tanks, as shown by one or a combination of insurance, guarantee, surety bond, letter of credit, qualification as a self-insurer, or other evidence acceptable to the DEC. 6 CRR-NY 598.11.

Any corrections to the registration information must be submitted to the DEC using paper or electronic forms and include the following changes:

  1. Contact information;
  2. Class A or class B operator;
  3. Tank system status;
  4. Tank system equipment; or
  5. Type of substance stored).

6 CRR-NY 596.2(e).

18-NY-d.10 to 18-NY-d.11 – Review application materials for completeness and accuracy

Applications to register a CBS 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-d.12 – Is the Facility in Compliance with the Appropriate Requirements?

If the data appear to 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 when 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-d.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 596.2(g). Within thirty (30) days of receiving the registration certificate for a CBS facility, or whenever there is a change in the hazardous substance contained in the tank system, the developer must clearly mark or label each tank or fill port (where the tank is underground), with the following information:

  1. Tank system identification number as shown on the registration certificate;
  2. Chemical name, or common name if the chemical name is not appropriate, for the stored substance; and
  3. Design capacity and working capacity of each tank in the tank system.

6 CRR-NY 596.2(j).

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