New York State’s

Bulk Storage Program

Nick Kolak

NYS Department of Environmental Conservation

A. PETROLEUM BULK STORAGE1. Regulates facilities > 1,100 gal capacity,

but < 400,000 gal. Statewide: 36,700 facilities with 75,400 tanks

2. ECL Article 17 Title 10– 6 NYCRR Parts 612-614, December 27, 1985

3. Requirements– Must register with the Department– Registration cycle is 5 years [fees range

$10-$50/facility/year]

3. Requirements (Con’t) – Tank testing for certain USTs. Exempt are:

• State-of-the-art tanks

• Tanks < 1,100 gal. capacity

• Tanks containing #5 & #6 oil

– Inspections for ASTs• Monthly (visual with documentation)

• 10 year (API 653-type; internal for tanks on ground; raised tanks exempt)

– Standards for new construction (Part 614)• Corrosion resistant tank

• Secondary containment

• Leak monitoring

• Retrofit of secondary containment for ASTs (Deadline 12/90)

– Automatic for tanks > 10,000 gal.

– Required for smaller tanks if spill can reach State’s water resources

3. Requirements (Con’t)

4. Compliance

– 2,500 tanks overdue for testing– Inspections continue to show compliance problems

• Leak detection

• Inventory control

B. MAJOR OIL STORAGE FACILITIES (MOSF)

1. Regulates facilities w/ 400,000 gal cap. or more. Statewide: 219 facilities with 3,680 tanks

2. State Navigation Law Article 126 NYCRR Parts 610 (licensing) & 611 (spill reporting &

response), 17 NYCRR Parts 30, 32, 33.

– Facilities must apply to Department for license– License cycle is 1-5 years (Department discretion)– Transfer fee of 12.25 cents/barrel imported to NYS– Exempt from PBS registration. Must comply with all other

PBS requirements– Must have SPCC Plan (federal CFR 112)– Inspected annually by Department

4. Compliance: Nearly 100% compliance, or on track (via consent order)

3. Requirements

C. CHEMICAL BULK STORAGE

1. Regulates facilities which store 1,000+ chemicals listed (Part 597) by Department. Statewide: 1,727 facilities with 5,644 tanks

2. Registration of -– USTs of any size– ASTs of 185 gal. or more

3. ECL Articles 37 & 40

– 6 NYCRR Parts 595-597 (July 15, 1988)• Spill reporting, registration, & hazardous substance list

– 6 NYCRR Parts 598-599 (August 11, 1994)• Storage & handling requirements

• Design standards for new construction

3. Requirements

• Regulated tanks - register with Department– 2-year cycle; $25-$62.50/facility/year/tank

• Tank system upgrade– UST (deadline December 22, 1998)– AST (deadline December 22, 1999)

• Transfer station - secondary containment

4. Compliance

• Most regulated facilities have registered

• Technical compliance is spotty– Transfer stations– Spill Prevention Reports

D. FUTURE DIRECTIONS

1. PBS EGM - in 1999, focus was registration and tank testing for USTs. Will continue in one form or another.

2. Robotic inspections under API 653

3. Regional inspection/enforcement effort (CBS,

PBS, & MOSF)

a. Standardized inspection form

b. Inspections via Palm Pilot - data collection & entry

c. Inspection Tracking Database System

d. Computerized NOV

e. Compliance/Corrective Action Tracking System

5. GIS

6. Public Outreacha. Webpage

b. Tank Bulletin

c. Seminars/Workshops

4. Enforcement:

Internet

• www.dec.state.ny.us• Regulations for:

– Chemical Bulk Storage

– Major Oil Storage Facility

– Petroleum Bulk Storage

• Federal UST Regulations

• Regional NYSDEC Contacts

BULK STORAGE HELPLINE NUMBER

518-457-9412

CBS/PBS Questions, Regulations, & Literature