Ameer Randolph
If you are a property owner in New York, you may be subject to the state's regulations on fuel tanks. These regulations, which fall under the Environmental Conservation Law, apply to both Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs). Property owners who store more than 1,100 gallons of heating oil are required to register their facility with the state. Additionally, New York has specific rules for heating oil storage tanks, with requirements for registration, construction, operation, and maintenance. The state also offers financing and incentives for building owners to convert to cleaner-burning fuels. If you are unsure about the specific regulations that apply to your property, it is recommended to seek legal advice or contact the relevant state departments.
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What You'll Learn
Regulations for fuel tanks in New York
In 1983, the State Legislature enacted Article 17, Title 10 of the Environmental Conservation Law, "Control of the Bulk Storage of Petroleum." This law applies to both Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) and gives the NYSDEC authority to regulate such tanks. However, facilities licensed under the Navigation Law and facilities regulated under the Natural Gas Act are exempt from this law.
The New York Petroleum Bulk Storage Act (PBSA) program regulates USTs and ASTs that store petroleum and have a combined storage capacity of more than 1,100 gallons. If the combined total capacity of all petroleum storage tanks on a property exceeds 1,100 gallons, then all the tanks at the property are subject to the PBS program. Under the PBS regulations, owners are required to register petroleum bulk storage facilities with the NYSDEC. This registration expires every five years and registration fees must be paid for each renewal.
For tanks that are permanently out of service, the owner or operator must file an affidavit with the Fire Department certifying that the tank system was removed or abandoned in place in compliance with the Fire Code. If an environmental site assessment is required by federal or state law, the owner or operator must submit a written statement to the Fire Department confirming that it has been performed in accordance with the law.
There are specific regulations for the installation of fuel oil equipment in New York City. For example, no tank shall be buried within three feet of any foundation wall or footing. Storage tanks located outside of buildings above ground with a capacity greater than 275 gallons must be at least ten feet from the line of adjoining property, the nearest building, or adjacent tank. The maximum allowable capacity of fuel oil storage tanks located outside of buildings above ground is 100,000 gallons. Additionally, all openings shall be through the top of the storage tank, except for tanks of 275-gallon capacity or less located above ground but below the lowest story, which may have a three-quarter-inch opening for gravity discharge and a one-inch opening in the bottom for cleaning and protection against corrosion.
New York City has also issued regulations to phase out the use of Number 6 oil and Number 4 oil fuel oil burned in approximately 10,000 buildings to reduce the quantity of fine particulates emitted. Effective May 23, 2001, all newly installed or permitted boilers may only burn low-sulfur No. 2 oil, natural gas, or the equivalent from an emissions standpoint. By 2030, existing boilers that have not been replaced must be modified to meet the equivalent emissions of burning low-sulfur No.
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Registering fuel tanks with the NYSDEC
If you have fuel tanks on your property in New York, you may need to register them with the New York State Department of Environmental Conservation (NYSDEC). The NYSDEC regulates both Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) that contain petroleum or petroleum products with a storage capacity of over 1,100 gallons.
Registration Process
The owner of the property where the tanks are located is responsible for registering the tanks with the NYSDEC. The registration process involves submitting a registration form and paying the appropriate fees. The fees are determined on a per-tank basis, with a maximum registration fee of $50,000 for all storage tanks located at a single site. The registration is valid for a period of five years, after which it must be renewed.
Compliance and Enforcement
It is unlawful to operate an unregistered tank in New York. The NYSDEC enforces compliance with the registration requirements and has the authority to impose penalties for non-compliance. Both the tank owner and the facility operator are liable for any violations. Additionally, it is illegal to store hazardous substances in an unregistered tank, and suppliers are responsible for ensuring that they do not deliver hazardous substances to unregistered tanks.
Tank Requirements and Restrictions
The NYSDEC has specific requirements and restrictions for the installation and operation of fuel tanks. For example, aboveground storage tanks located outside of buildings must maintain a minimum distance from the property line, adjacent tanks, and buildings. The formula for calculating the minimum clearance between individual tanks and the adjoining property is provided in the NYC Administrative Code.
Tank Removal and Closure
If you plan to remove a fuel tank from your property, you must notify the appropriate DEC regional office before commencing any field work. Additionally, the owner or operator of a permanently out-of-service storage system must file an affidavit with the Fire Department certifying that the tank system was removed or abandoned in place in compliance with the Fire Code. Regulated Petroleum Bulk Storage (PBS) tanks that are out of service for more than one year must undergo closure as per NYSDEC requirements.
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Fuel tank installation requirements
In 1983, the State Legislature enacted Article 17, Title 10 of the Environmental Conservation Law, "Control of the Bulk Storage of Petroleum". This law applies to both Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) and gives the NYSDEC authority to regulate such tanks.
If you are installing a fuel tank on your property in New York, you must ensure that it complies with the following requirements:
- All fuel oil storage tanks shall be built of steel plates or sheets, made by the open hearth or basic oxygen process.
- Such steel shall be free from physical imperfections, new, in good condition, and free from rust.
- Tanks shall be welded, riveted, and caulked, or riveted and welded. Flanges or other pipe connections may be welded.
- All caulking shall be placed with round nose tools and without damage to the plates. Filler of any kind between plates is prohibited.
- Tanks to be buried shall be cleaned and then coated on the outside with two coats of red lead, or its equivalent.
- No tank shall be buried within three feet of any foundation wall or footing.
- The maximum capacity of individual storage tanks in any case shall not exceed 20,000 gallons.
- Fuel oil storage tanks with a capacity of 275 gallons or less may be installed inside buildings above the lowest story when provided with a four-inch-thick concrete or masonry curb, or with a metal pan of a gauge equal to the gauge of the tank, completely surrounding the tank and of sufficient height to contain twice the capacity of the tank.
- Storage tanks with a capacity greater than 275 gallons located outside of buildings above ground shall not be less than one and a quarter tank diameters and in no case less than ten feet from the line of adjoining property, the nearest building, or adjacent tank.
- The minimum clearance between individual tanks located outside of buildings above ground and the line of adjoining property which may be built upon shall be fixed by the following formula: G - 275 M.C. = 10 + 4 (--------) 5000, where M.C. = minimum clearance from the nearest surface of the tank to adjoining property, in feet, and G = capacity of the tank, in gallons.
- The maximum allowable capacity of fuel oil storage tanks located outside of buildings above ground shall be 100,000 gallons.
- When the longest inside dimension of the enclosure exceeds 35 feet, access doors shall be installed at intervals not exceeding 12 feet.
- Columns, pipes, or similar obstructions may project into the required 15 inches of space within the enclosure, provided that access doors are arranged so that all portions of the enclosure are accessible for servicing.
- Drawn tubing, when used in domestic installations, shall be at least 3/8 inch inside diameter up to the shut-off valve at the burner. Soldered connections are prohibited.
- Overflow pipes, where installed, shall not be smaller in size than the supply pipe.
- Where a shut-off valve is installed in the discharge line from an oil pump, a relief valve shall be installed in the discharge line between the pump and the first shut-off valve.
- A relief or pressure-regulating valve shall be provided in the oil piping system on the heater side of the shut-off valves.
- Relief valves shall be set to discharge at not more than one and a half times the maximum working pressure of the system. The discharge from relief valves shall be returned to the storage tank or to the supply line. There shall be no shut-off valve in the line of relief.
- Horizontal piping offsets shall be further enclosed in construction having a two-hour fire resistance rating, except that no such enclosure or pipe sleeve shall be required within the room containing the pump, tank, or equipment where such a room is itself enclosed with construction and materials having at least a two-hour fire resistance rating.
- A drain pipe shall be installed at the base of shafts enclosing the supply and overflow piping. The pipe shall lead to an open sight drain or to an open sump.
- Oil lines for equipment or tanks shall be steel pipe ASTM A-53 or A-106, grade B seamless, schedule 40 with welded connections up to the oil tank or equipment, except that fittings at the tank or equipment, shut-off valves, and other fuel oil flow and control devices may be screwed or flanged.
It is important to note that these requirements may vary depending on the specific circumstances of your property and the type of fuel tank being installed. It is always best to consult with a qualified professional and refer to the most up-to-date regulations provided by the NYSDEC.
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Fuel tank removal and disposal
If you suspect that you have a fuel tank on your property, it is important to identify its location and type (e.g., underground or aboveground). In New York, the NYSDEC (New York State Department of Environmental Conservation) regulates both Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) under the Environmental Conservation Law, Article 17, Title 10.
Before removing a fuel tank, you must comply with local regulations and obtain any necessary permits. Some cities require special permits for fuel tank removal and may have specific requirements, such as providing a sketch of the site. It is important to research the regulations in your area and consult with professionals who are familiar with the rules and requirements.
When removing a fuel tank, the process can vary depending on the type of tank and local regulations. Here is a general overview of the steps involved:
- Extract the fuel: Before removing the tank, any remaining fuel must be extracted. This can be done using a special explosion-proof pump, and the extracted fuel can be filtered and reused.
- Remove the tank: Once the fuel is removed, the tank can be cut open and its contents removed. This includes scraping down the inside walls and removing any sludge, which must be disposed of properly.
- Dispose of the tank: The empty tank can then be disposed of at a scrap metal facility or recycled according to local guidelines.
- Clean the area: After tank removal, the area must be cleaned and any contaminated soil or debris properly disposed of. This may involve pressure washing the area and vacuuming up any wash water.
- Verify compliance: Depending on the location, an inspector may need to verify that the removal process complied with all applicable rules and regulations.
It is important to note that fuel tank removal can be complex and hazardous, and it is always recommended to hire a qualified and certified professional with pollution liability insurance to perform the work. Additionally, some states and municipalities require regular inspections by qualified professionals to ensure that aboveground storage tanks are safely sealed.
The cost of removing a fuel tank can vary significantly depending on factors such as the degree of contamination, local clean-up standards, and the type of tank. For underground storage tank removal, the EPA estimates costs ranging from $10,000 to over $1 million, with an average of $130,000. In New York State, the average cost of removing an aboveground storage tank is around $2,600.
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Financing and incentives for cleaner fuels
New York has various financing and incentive options to promote the adoption of cleaner fuels and reduce the use of fossil fuels. These initiatives are led by organisations such as the New York State Energy Research and Development Authority (NYSERDA), the Department of Public Service, and the NY Green Bank.
NYSERDA's Clean Transportation Program provides funding for projects that improve mobility, efficiency, and transportation fuel diversification. It also offers incentives for the market introduction of emerging technologies through its ChargeNY program. NYSERDA further supports the Clean Heat Program, which incentivises the installation of air and ground-source heat pumps. Additionally, NYSERDA provides incentives for income-eligible residents to install qualified heat pump clothes dryers and accompanying electrical upgrades, as well as funding, training, and resources for constructing carbon-neutral homes.
The NY Green Bank, established by the Department of Public Service, aims to accelerate clean energy deployment by leveraging private sector investment and increasing capital availability. This initiative targets financial market barriers and aims to boost confidence in lending for clean energy projects.
The state also offers tax credits for investments in alternative fuels and electric vehicle recharging stations. The Drive Clean Rebate provides incentives for purchasing or leasing new plug-in electric vehicles, which can be combined with federal tax credits. The Inflation Reduction Act offers federal tax credits for electric vehicles, with amounts varying based on vehicle type and weight.
New York's Clean Energy Initiatives include targets for energy storage deployment and encouraging energy storage installation through market reforms and cost-effective procurement mechanisms. The state also has initiatives to compensate energy generated by distributed energy resources, such as solar photovoltaic, wind turbines, and fuel cells.
Additionally, NYSERDA provides no-cost planning services and technical assistance to help communities transition fossil fuel power plant sites to zero-emission electricity generation. It also supports renewable energy development and aims to generate 70% of New York's electricity from renewable sources by 2030. NYSERDA offers solicitations for new renewable energy development and supports large-scale thermal system projects to reduce greenhouse gas emissions from buildings.
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Frequently asked questions
It is not illegal to sell a property with an underground fuel tank in New York, but it is increasingly difficult. Most mortgage companies will not approve a mortgage on a property with a buried oil tank, and insurance companies are becoming more hesitant to insure properties with underground tanks. It is recommended to have the tank removed before closing.
The New York State Legislature enacted Article 17, Title 10 of the Environmental Conservation Law, which gives the NYSDEC the authority to regulate both Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs). Tanks with a capacity greater than 275 gallons must be at least 10 feet from the adjoining property line, the nearest building, or an adjacent tank. Tanks with a capacity of over 1,100 gallons must be registered with New York State.
The NYSDEC has commenced numerous enforcement actions against residential buildings for failing to properly register tanks, report spills, and remediate contamination. There have been cases of multi-family buildings in NYC being required to pay over $1 million for tank violations and cleanup.
