From emzuk at gw.dec.state.ny.us Fri Apr 10 14:39:12 2009 From: emzuk at gw.dec.state.ny.us (Elaine Zuk) Date: Fri, 10 Apr 2009 14:39:12 -0400 Subject: [TankBulletin] Changes to the Petroleum Bulk Storage Program Message-ID: <49DF5A10.9423.00CF.0@gw.dec.state.ny.us> On July 21, 2008, New York State law for the Petroleum Bulk Storage (PBS) program was modified. There are two major areas of change: 1. Certain tanks and facilities not previously regulated by the DEC under the PBS program were added to the program. 2. Changes were made to comply with requirements mandated by the federal Energy Policy Act of 2005. The new law requires that certain tanks not previously regulated under State PBS regulations be registered and in compliance with the existing regulations by July 21, 2009. Specific changes to the law include: - broadening the definition of petroleum to include all fractions of crude oil and certain synthetic oils; - changing the definition of facility to include certain underground tanks greater than 110 gallons. For details on the law change please see a new Tank Bulletin at www.dec.ny.gov/chemical/53278.html From emzuk at gw.dec.state.ny.us Mon Jul 13 15:28:11 2009 From: emzuk at gw.dec.state.ny.us (Elaine Zuk) Date: Mon, 13 Jul 2009 15:28:11 -0400 Subject: [TankBulletin] Petroleum Bulk Storage Enforcement Discretion memorandum issued Message-ID: <4A5B528A.9423.00CF.0@gw.dec.state.ny.us> The DEC has issued an enforcement discretion memorandum regarding recent changes in New York State law to the definitions of "petroleum" and "facility" found in the Petroleum Bulk Storage law (Article 17, Title 10 of the Environmental Conservation Law). These changes to the definitions make the following tanks subject to the Petroleum Bulk Storage (PBS) regulations: - tanks storing product for operational purposes (e.g., transformers, hydraulic equipment, etc.) and - tanks storing asphaltic emulsions. Without this enforcement discretion memorandum these tanks are required to be registered and in compliance with 6 NYCRR Parts 613 and 614 by July 21, 2009. The Department has decided to exercise enforcement discretion at this time and not subject these tanks to the registration and storage requirements of 6 NYCRR Parts 612, 613, and 614. Further review of the regulatory requirements to be imposed upon both operational tanks and tanks storing asphaltic emulsions will be completed as part of the Department's ongoing rulemaking process for 6 NYCRR Parts 612-614, which will give all interested parties an opportunity to be heard. For a summary of this memorandum, please see the attached document. For the full text of the enforcement discretion, please see http://www.dec.ny.gov/regulations/56495.html. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: memo.enf_disc.2009-07-13.pdf Type: application/pdf Size: 11791 bytes Desc: not available URL: