Ameer Randolph
In New York State, the Department of Environmental Conservation (DEC) regulates the registration of fuel tanks. DEC's role is to protect the land, water, and air resources in New York, and it does so by addressing climate change effects, promoting responsible waste management, monitoring air quality, and overseeing contaminated site clean-ups, among other things. Businesses that store petroleum or petroleum products must register with the DEC if their storage capacity is over 1,100 gallons. Registration is done through the Petroleum Bulk Storage (PBS) program, which applies to both Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs). Registration must be renewed every five years, with fees based on the total storage capacity of the facility.
| Characteristics | Values |
|---|---|
| Registration | Mandatory for businesses storing petroleum or petroleum products with a storage capacity of over 1,100 gallons |
| Registration Body | New York State Department of Environmental Conservation (DEC) |
| Registration Expiry | Every 5 years |
| Registration Fees | Required for initial registrations, renewals, and changes of ownership |
| Registration Renewal Reminders | Sent automatically by DEC prior to registration expiration |
| Registration Non-Compliance | Results in a violation issued by the State DEC |
| Registration Application Submission | Online via nForm or pre-populated paper applications |
| Registration Application Signatory | Owner of the property or an authorized individual |
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What You'll Learn
Registration requirements
In New York State, businesses that store petroleum or petroleum products must register with the New York State Department of Environmental Conservation (DEC) if their storage capacity exceeds 1,100 gallons. Heating oil tanks with a capacity of less than 1,100 gallons are exempt from this requirement.
The registration process for petroleum bulk storage (PBS) tanks falls under the DEC's authority to regulate underground storage tanks (USTs) and aboveground storage tanks (ASTs). The registration must be done under a facility (the site address) and is valid for five years, after which it must be renewed. The DEC sends renewal reminders prior to registration expiration to the facility owner.
The registration fees are based on the total storage capacity of the facility and must be paid for every registration and renewal. The fees can be paid by check or money order, made payable to the New York State Department of Environmental Conservation (NYSDEC).
PBS registration applications can be submitted using the online tool nForm. To access the online forms, one must first create a "Personal" account at my.ny.gov. Prepopulated paper applications for transfers of ownership, renewals, and information corrections can also be requested by contacting the regional DEC office.
Additionally, Nassau, Suffolk, Westchester, and Cortland Counties administer their own PBS programs with potentially more stringent requirements. Therefore, owners and operators in these counties should contact the county to learn about specific local requirements.
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Fees
The fees are determined on a per-tank basis, with a maximum registration fee of $50,000 charged for all storage tanks located at a site. These fees vary from $0 to $500 per facility, depending on capacity.
Petroleum Bulk Storage (PBS) registration fees are based on the total storage capacity of the facility and cover a five-year period. The fees range from $0 to $500 per facility, depending on capacity.
Businesses that store petroleum or petroleum products must register with the DEC if their storage capacity is over 1,100 gallons. Heating oil tanks that store less than 1,100 gallons are exempt from this requirement.
Nassau, Suffolk, Westchester, and Cortland Counties administer their own PBS programs with more stringent requirements. Owners and operators should contact the county to learn about specific local requirements.
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Renewal
The registration for fuel tanks in New York State expires every five years for Petroleum Bulk Storage (PBS) and every two years for Chemical Bulk Storage (CBS). The registration fees must be paid for every renewal and vary from $0 to $500 per facility for PBS and up to a maximum of $50,000 for all storage tanks located at a site for CBS. The fees can be paid by check or money order payable to the New York State Department of Environmental Conservation (NYSDEC).
The DEC mails out renewal applications to the tank owner approximately two to three months before the expiration of a facility's registration. If you no longer own the facility, you must report the change in ownership to the DEC within 30 days of the transfer. Provide the current owner's name and address (if known) and return the renewal package to the DEC central office address on the registration renewal application. The new owner must complete a registration form, indicating "Transfer of Ownership", and submit it to the DEC central office with the appropriate fee and proof of ownership.
If you have changed your address, you must supply the DEC with the correct mailing address, and the renewal application will be sent out. You can also call the Bulk Storage Helpline at (518) 402-9543 to check on your renewal application.
To add tanks to your registration renewal application, you must follow the same steps as described for the closure of tanks. Notify the NYSDEC within 30 days prior to installation and complete the PBS application once the installation is complete.
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Local requirements
Owners and operators of fuel tanks in these counties should contact the respective county offices to understand the specific local requirements for registration. The local requirements for fuel tank registration in these counties may differ from the state-level regulations outlined by the DEC.
For fuel tanks located in other counties within New York State, the DEC is the primary authority for registration. The DEC requires registration for all underground tanks and aboveground stationary tanks with a capacity of 185 gallons or more that store hazardous substances listed in 6 NYCRR Part 597 for 90 consecutive days or more. Out-of-service tanks must also be registered until they are permanently closed following DEC regulations.
The DEC categorizes fuel tank systems based on the date of installation and the intended use of the stored petroleum. These categories include Underground Storage Tank (UST) systems and Aboveground Storage Tank (AST) systems. UST systems are typically associated with fueling centers, such as gas stations, and are subject to both state and federal regulations. AST systems may also be subject to federal regulations, depending on their size and location.
It is important to note that registration fees are required for initial registrations, renewals, and changes of ownership. The fees are determined per tank and cover a two-year or five-year period, depending on the source. These fees must be paid by check or money order to the NYSDEC, and failure to register or renew registration may result in penalties.
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Exemptions
The New York State Legislature enacted Article 17, Title 10 of the Environmental Conservation Law in 1983, which was most recently revised in 2008. This law, entitled "Control of the Bulk Storage of Petroleum," applies to both Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) and gives the DEC the authority to regulate such tanks. However, there are some exemptions to this law for facilities that are regulated under different programs.
The following are exempted from the Article 17, Title 10 of the Environmental Conservation Law:
- Facilities licensed under the Navigation Law
- Facilities regulated under the Natural Gas Act
- Heating oil tanks that store less than 1,100 gallons
- Subpart 3 tank systems: These are special case UST systems that contain heating oil used for on-premises consumption, have a design capacity of 1,100 gallons or less, and are used to store motor fuel for non-commercial purposes at a farm or residence. They are also used as emergency generator systems at nuclear power generation facilities regulated by the Nuclear Regulatory Commission.
- Process tanks, assembly line tanks, aboveground farm tanks used for agricultural purposes, and certain other tanks are not regulated by CBS regulations and do not need to be registered.
- Out-of-service tanks: These tanks must be registered until they are permanently closed in accordance with DEC regulations.
It is important to note that while these exemptions exist, the DEC still has the authority to regulate and oversee the safe management of petroleum and petroleum products. The goal of the DEC is to protect the land, water, and air resources in New York, and they encourage voluntary compliance with regulations to achieve this goal.
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Frequently asked questions
Fees are required for initial registrations, renewals, and changes of ownership. The fees cover a two-year period and are determined on a per-tank basis, up to a maximum of $50,000 for all storage tanks located at a site.
Registration is required for all underground tanks and aboveground stationary tanks with a capacity of 185 gallons or more that store hazardous substances for 90 consecutive days or more. Registration is not required for containers or process tanks. You can register by filling out a form and paying the fee by check or money order.
These counties administer their own PBS programs and may have more stringent requirements than the state. Owners and operators should contact the county to learn about specific local requirements.
Failure to register or renew registration will result in a violation issued by the State DEC. A penalty may also be imposed for not registering or registering late.
