State-Specific Considerations for SPCC Plans – NY and NJ
Posted: March 11th, 2021Authors: Sahil B.
This blog is part of a series that will cover key state-specific requirements for petroleum containing aboveground storage tanks (ASTs) with respect to Spill Prevention, Control, and Countermeasure (SPCC) compliance with 40 CFR Part 112.7(j). In this edition, I will walk through key requirements in New York (NY) and New Jersey (NJ).
The New York State Department of Environmental Conservation (NYSDEC) has implemented Petroleum Bulk Storage (PBS) regulations at 6 NYCRR Part 613. AST requirements are found at 6 NYCRR Part 613 Subpart 613-4 and apply to facilities with a storage capacity of more than 1,100 gallons of petroleum. Facilities with 400,000 gallons or more of oil storage capacity are subject to the Major Oil Storage Facility (MOSF) program at 6 NYCRR Parts 610 and 611 and are also required to comply with PBS regulations along with a more robust registration/certification requirement.
Requirements Under PBS Regulations
Some of the key requirements applicable to regulated ASTs include:
- Conducting a ten-year inspection in accordance with American Petroleum Institute (API) Standard 653 or Steel Tank Institute (STI) SP001. It is important to note that this inspection frequency may be different from what the API or STI standards otherwise present for integrity testing to comply with the SPCC requirement under 40 CFR Part 112.8(c)(6). Alternatively, facilities can opt to perform a tightness test and submit a copy of the report to NYSDEC.
- Having a level gauge, high-level warning alarm, high level liquid pump cut-off controller, or equivalent overfill prevention equipment.
- Installing secondary containment with a permeability rate as low as 1×10-6 cm/sec (reference to water), depending on the viscosity of the product contained and capability of being monitored between the tank bottom and containment structure (e.g., interstitial space of a double-walled tank).
Other aspects covered in the PBS regulation include: meeting common industry codes of practice depending on when the tank and piping were constructed, conducting tightness and leak detection testing for underground piping, and inspecting cathodic protection annually if installed. NYSDEC has published its PBS inspection form that is applicable to aboveground and underground storage tank systems.
Note: Nassau, Rockland, Suffolk, Westchester, and Cortland Counties have their own PBS programs and the requirements may be more stringent than the NYSDEC program.
Requirements under MOSF Regulations
Facilities subject to MOSF regulations (e.g., refineries and petroleum terminals) must apply for a letter of certification from NYSDEC, which includes submitting an application containing a spill prevention and containment plan that incorporates all SPCC and Coast Guard plan requirements. Once an operating license is issued, the facility is subject to additional recordkeeping and reporting requirements such as monitoring daily throughput and storage capacity.
Key requirements under the MOSF Regulations include:
- Additional recordkeeping and reporting requirements on throughput of petroleum.
- Conducting a secondary containment integrity inspection at least once every five years under supervision of and certified by a PE licensed in NY. This inspection consists of a visual inspection of secondary containment, sampling, and report submittal to NYSDEC.
- Meeting a containment permeability limit as low as 1×10-7 cm/sec depending on the product stored.
Note: NYSDEC has separately implemented Chemical Bulk Storage (CBS) regulations at 6 NYCCR Parts 595-599, which apply to facilities storing hazardous substances. However, petroleum storage regulated under the PBS or MOSF programs is not regulated under the CBS regulations.
The New Jersey Department of Environmental Protection (NJDEP) regulates storage tanks at N.J.A.C. 7:1E, the Discharges of Petroleum and Other Hazardous Substances Rules. Facilities with a total storage capacity of 20,000 gallons or more of hazardous substances other than petroleum products or 200,000 gallons or more of all hazardous substances, including petroleum products, are major facilities. Note that vessels used to transfer hazardous substances are also considered major facilities, however, the requirements outlined in this blog focus on stationary facilities. Major facilities must prepare and submit Discharge Prevention, Containment and Countermeasure (DPCC) and Discharge Cleanup and Removal (DCR) plans to NJDEP 180 days prior to commencing operations. Since both plans are required for major facilities, the combined plan is referred to as a DPCC/DCR plan, or Discharge Cleanup and Removal Plan. Facilities that are not major facilities are also subject to N.J.A.C. 7:1E. However, since many of these requirements only apply to major facilities, facilities that are not major facilities are subject to select provisions of N.J.A.C. 7:1E (e.g., discharge reporting).
A DPCC/DCR plan is similar to a Federal SPCC plan in its requirements, with some key additional requirements being:
- Required visual inspections on a daily, weekly, monthly, and quarterly frequency.
- ASTs greater than 2,000 gallons must have redundant overfill protection systems (e.g., a high level visual or audible alarm and one of the following: a high liquid level pump cutoff device with a separate level detector from the visual or audible alarm, direct communication between the tank gauger and pumping station, or a fast response system for determining liquid level resulting in rapid shutdown of pumping).
- Annual simulated emergency response drills must be conducted each year.
- Secondary containment must meet a maximum permeability of 1×10-7 cm/sec.
- Obtaining and maintaining a current agreement with the local emergency planning committee (LEPC).
- The DPCC/DCR plan requires a NJ Professional Engineer certification.
Stay tuned for upcoming articles that will continue to cover additional state-specific SPCC requirements in states across the country. If you have any questions on the states covered in this edition or any other state-specific AST regulations and their impacts on your facility’s spill prevention planning efforts, please feel free to reach out to Sahil Bharucha at firstname.lastname@example.org or 571-392-2592 x505.