N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 598-1.2 - Applicability

(a) This Part applies to a storage facility which has one or more of the following:

(1) an aboveground tank system used to store hazardous substances which has a tank with a storage capacity of 185 gallons or greater;

(2) an underground tank system used to store hazardous substances which has a tank of any storage capacity; or

(3) a container used to store 1,000 kilograms (2,200 lbs.) or more of a hazardous substance at the facility for a period of 90 or more consecutive days.

(b) Any facility having a tank system identified in paragraphs (a)(1) or (2) of this section which has not been permanently closed is subject to the provisions of this Part.

(c) When reference is made to both owner and operator of a tank system, and the owner and operator are separate persons, only one person is required to comply with the applicable provision; however, both parties are liable in the event of non-compliance.

(d) This Part does not apply to:

(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 (ECL) (Liquefied Natural and Petroleum Gas Act);

(3) tank systems regulated under article 27, title 7 of the ECL (Solid Waste Management and Resource Recovery Facilities);

(4) tank systems regulated under article 27, title 9 of the ECL (Industrial Hazardous Waste Management);

(5) tank systems regulated under article 27, title 11 of the ECL (Industrial Siting Hazardous Waste Facilities);

(6) facilities regulated under the Natural Gas Pipeline Safety Act of 1968 as set forth in ECL, section 40-0103.2;

(7) facilities regulated under the Hazardous Liquid Pipeline Safety Act of 1979 as set forth in ECL, section 40-0103.3;

(8) facilities regulated under the Natural Gas Act as set forth in ECL, section 40-0103.4;

(9) facilities regulated under the Atomic Energy Act of 1954 as set forth in ECL, section 40-0103.7;

(10) tank systems regulated under article 12 of the Navigation Law or ECL, article 17, title 10 (Petroleum Bulk Storage Act);

(11) any temporary tank system; and

(12) any container used to store less than 1,000 kilograms (2,200 lbs) of a hazardous substance.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.2

Adopted New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 10/17/2023