Instructions on how to “join” the hearing webinar and provide an oral statement will be published on the Department’s proposed regulations webpage for 6 NYCRR Parts 597, 598, and 613 by June 16, 2021. The proposed regulations webpage for 6 NYCRR Parts 597, 598, and 613 may be accessed at: https://www.dec.ny.gov/regulations/propregulations.html.

Persons who wish to receive the instructions by mail or telephone may call the Department at (518) 402-9003. Please provide your first and last name, address, and telephone number and reference the Parts 597, 598, and 613 public comment hearing.

The Department will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge upon written request submitted no later than July 27, 2021. The written request must be addressed to Chief ALJ James T. McClymonds, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to Chief ALJ McClymonds at [email protected].

6 NYCRR Part 596, Hazardous Substance Bulk Storage Facility Registration

6 NYCRR Part 598, Handling and Storage of Hazardous Substances

6 NYCRR Part 599, Standards for New Hazardous Substance Tank Systems

Addition of:

6 NYCRR Part 598, Hazardous Substance Bulk Storage

(formerly Handling and Storage of Hazardous Substances)

Amendments to:

6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting

Chemical Bulk Storage

The New York State Department of Environmental Conservation (DEC) is proposing to amend 6 NYCRR Part 597 (which includes the “List of Hazardous Substances” under section 597.3) and repeal 6 NYCRR Parts 596, 598 and 599 to adopt a new 6 NYCRR Part 598, collectively known as the Chemical Bulk Storage (CBS) regulations. The proposed amendments will:

1. Adopt new initiatives that the United States Environmental Protection Agency (EPA) incorporated into 40 CFR Part 280, effective on October 13, 2015, including:

a. Spill prevention equipment (i.e., fill port catch basin and transfer station secondary containment) testing;

b. Overfill prevention equipment inspection;

c. Containment sump testing for sumps used for piping interstitial monitoring;

d. Release detection (i.e., leak detection) equipment testing; and

e. Walkthrough inspections;

1. Restructure the CBS regulations so that they are similar in structure to 6 NYCRR Part 613 (Part 613), Petroleum Bulk Storage (PBS) regulations;

2. Incorporate needed clarifications to the regulations based on experience developed since the promulgation of Parts 596 through 599 in September 2015 (effective October 11, 2015). These changes will improve the consistency and clarity of language directing the administration of the CBS program; and

3. Correct errors in the list of hazardous substances in Part 597.

Restructuring

6 NYCRR Parts 596, 598, and 599 are consolidated into a new single Part 598 such that all hazardous substance bulk storage requirements are within the same Part. This allows for all hazardous substance facility requirements to be in one place (i.e., registration, operational requirements, and technical standards). 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting, remains its own standalone Part because it is referenced by many programs outside of the bulk storage programs.

The newly consolidated Part 598 is organized into Subparts that more closely reflect the structure of Part 613, and structure is as follows:

Subpart 598-1 – General Provisions

Subpart 598-2 – Underground Storage Tank Systems

Subpart 598-3 – Aboveground Storage Tank Systems

Subpart 598-4 – Storage of Hazardous Substances in Containers

Subpart 598-5 – Delivery Prohibition

Subpart 598-6 – Release Response and Corrective Action

The Express Terms are summarized below.

Subpart 598-1: General Provisions

Subpart 598-1 consolidates the non-technical provisions of CBS and is primarily sourced from the existing Part 596. These provisions include the purpose of the rule, applicability, definitions, recordkeeping requirements, standards incorporated by reference, access to records and facilities, preemption and approval of local laws or ordinances, variances, registration, use of equivalent technology, enforcement, future climate risk, and financial responsibility.

The applicability of the CBS program remains unchanged. Facilities and tanks which are currently regulated will remain regulated and facilities and tanks which were not previously regulated will not enter the program as a result of this rulemaking.

Some definitions that are central to the implementation of the CBS program are clarified or added in the proposed rule. The definitions of “accessible area”, “inaccessible area”, “ancillary equipment”, “piping”, “tank”, “tank system”, and “repair” have been updated to better reflect their counterparts in 40 CFR Part 280 (and better match their contextual use in such federal regulations). Equipment previously known as spill prevention has been defined as “fill port catch basin” to differentiate it from the term ‘spill prevention’ as used in the regulations as a generic noun. The definition of “lining” has also been updated to reflect its purpose (i.e., to address compatibility issues between the tank wall and the stored type of petroleum) and better distinguish it from other layers of the tank wall.

The terms “existing tank system” and “new tank system” have been replaced, respectively, with “Category 1” and “Category 2”. The terms “Category 1” and “Category 2” can also be used to describe a tank system component (e.g., overfill prevention equipment) to clarify the requirement that tank system components must comply based upon the date they were installed rather than the date the associated tank was installed.

The terms “on-ground piping”, “on-ground tank”, and “underground piping” have been removed and replaced with the term “in contact with the ground”. This term consolidates the three existing terms into a single term and helps to clarify when certain provisions are applicable.

Registration language from existing Part 596 has been included in 598-1.14 and has been updated to clarify the requirements and be more consistent with the procedures found in Part 613. Application procedures for the permanent closure of tank systems has been updated to require facilities to notify DEC at least 30 days prior to tank closure (previously notification was only required when a tank was closed). This reflects Part 613 and 40 CFR 280 requirements for tank closure. Application procedures for the installation of a tank system has been updated to require facilities to notify DEC at least 30 days prior to tank installation (previously notification was only required within 3 days of installation). This again reflects Part 613 and 40 CFR 280 requirements for tank closure.

Subpart 598-2: Underground Storage Tank Systems

Subpart 598-2 is a consolidation of the underground tank system requirements within existing Parts 596 through 599. It addresses underground storage tank (UST) systems that are subject to State regulation pursuant to Article 40 of the Environmental Conservation Law and federal regulation pursuant to Subtitle I of the Resource Conservation and Recovery Act (RCRA), 42 USC sections 6991 through 6991m, entitled “Regulation of Underground Storage Tanks” (Subtitle I). This Subpart harmonizes the State’s UST system requirements with the federal requirements found in 40 Code of Federal Regulations (CFR) Part 280, entitled “Technical Standards and Corrective Action for Owners and Operators of Underground Storage Tanks.” This Subpart contains the following requirements: design, construction, and equipment specifications; general installation, operation, and maintenance practices; leak detection; spill reporting, investigation, and confirmation; tank system closure; and Operator Training.

Subpart 598-3: Aboveground Storage Tank Systems

Subpart 598-3 is a consolidation of the aboveground tank system requirements within existing Parts 596 through 599. It addresses aboveground tank systems that are only subject to State regulation pursuant to Article 40 of the Environmental Conservation Law. This Subpart contains the following requirements: design, construction, and equipment specifications; general installation, operation, and maintenance practices; leak detection; spill reporting, investigation, and confirmation; and tank system closure.

Subpart 598-4: Storage of Hazardous Substances in Containers

Subpart 598-4 is a consolidation of the container requirements within existing Parts 596 through 599. It addresses containers that are only subject to State regulation pursuant to Article 40 of the Environmental Conservation Law. This Subpart contains the following requirements: design; storage; operation; spill reporting, investigation, and confirmation; and inventory records.

Subpart 598-5: Delivery Prohibition

Subpart 598-5 contains the requirements concerning delivery prohibition which are within existing 598.13. The provisions of this Subpart establish the circumstances and process for imposing a delivery prohibition, required notifications, and the process for termination of a delivery prohibition. Delivery prohibition language has been clarified and reorganized so it more closely resembles the format of Part 613. This includes clarifying which violations trigger Tier 1 conditions (grounds for immediate delivery prohibition) and which violations trigger Tier 2 conditions (grounds for delivery prohibition if violation is not remedied within 30 days).

Subpart 598-6: Release Response and Corrective Action

Subpart 598-6 are the release response and corrective action requirements which are within existing 598.14. This Subpart contains the following requirements: initial spill response; abatement measures and site checks; initial site characterization; free product removal; investigations for soil and groundwater cleanup; corrective action plans; and public participation. The language has been reorganized and updated so it is consistent with Part 613 and the 40 CFR 280. Additionally, this Subpart clarifies that release response and corrective action also applies to spills and releases from containers.

1. STATUTORY AUTHORITY

The New York State (State) law authority that empowers the New York State Department of Environmental Conservation (DEC) to regulate the storage and handling of hazardous substances is found in Title 1 of Article 37 of the Environmental Conservation law (ECL), sections 37-0101 through 37-0111, entitled “Substances Hazardous to the Environment” (Article 37), and ECL Article 40, sections 40-0101 through 40-0121, entitled “Hazardous Substances Bulk Storage Act” (Article 40). DEC is authorized to adopt regulations to implement the provisions of the ECL under ECL sections 3-0301(2)(a) and (m). ECL Articles 3 and 17 provide authority regarding access to facilities, premises, and records. DEC’s existing rules with respect to chemical bulk storage (CBS) are found at 6 NYCRR Parts 596 through 599.

Under Subtitle I of the Resource Conservation and Recovery Act (RCRA), 42 USC sections 6991 through 6991m (Subtitle I), the U.S. Environmental Protection Agency (EPA) is authorized to regulate CBS underground storage tanks (USTs). The EPA implementing rule is found at 40 Code of Federal Regulations (CFR) Part 280.

2. LEGISLATIVE OBJECTIVES

The legislative objectives underlying the above-referenced statutory authority are directed toward establishing requirements for the safe storage and handling of liquids, including hazardous substances, which pose a threat to public health and the environment. The proposed amendments to Parts 596 through 599 will continue to meet these legislative objectives and reflect the statutory changes that were made to Articles 37 and 40 in 2008, which allow for consistency with new federal requirements enacted in the Energy Policy Act of 2005. Adoption of the proposed amendments to existing Part 597 and addition of new Part 598 will also ensure that the environmental and public health protections afforded by the existing Parts 596 through 599 and 40 CFR Part 280 are continued and enhanced.

3. NEEDS AND BENEFITS

This rule making is principally aimed at harmonizing the existing State requirements (currently established at 6 NYCRR Parts 596 through 599) with the federal requirements (40 CFR Parts 280 and 302) so that State and federal regulatory requirements are more consistent. In addition, DEC is proposing to consolidate the existing State requirements into two Parts: 6 NYCRR Part 597, which will retain its current form with minimal changes, and 6 NYCRR Part 598, which will incorporate the existing requirements of 6 NYCRR Parts 596, 598, and 599.

The changes aimed at harmonizing the State and federal requirements will primarily affect underground storage tank systems. This includes the addition of the periodic inspection and testing requirements, added in the 2015 amendments to 40 CFR 280 (effective October 13, 2015), for overfill prevention equipment, spill prevention equipment (including transfer station secondary containment), containment sumps used for interstitial monitoring, and leak detection equipment as well as the addition of the periodic walkthrough inspection requirements.

The consolidation of the existing State requirements into two Parts includes a reorganization of the proposed 6 NYCRR Part 598 into Subparts that reflect the layout of existing Petroleum Bulk Storage (PBS) regulations, 6 NYCRR Part 613. The consolidation and reorganization aim to clarify requirements and better harmonize the PBS and CBS programs, which share many of the same requirements.

In addition, DEC is proposing to clarify certain existing regulatory requirements. DEC does not intend to establish any new requirements concerning the CBS program that would change the manner in which regulated entities operate under existing industry practices and applicable federal and State laws and regulations.

4. COSTS

Costs to Regulated Parties

There will be continued costs incurred by facilities subject to the Operator Training requirements of proposed section 598-2.5. Before being designated, every Class A and B Operator must adequately perform an assessment of knowledge of regulatory requirements applicable to the relevant Operator class, and every Class C Operator must be trained and tested by the Class A or B Operator. Operators of aboveground tank (AST) systems continue to be exempt from this requirement. Self-study can be conducted at no cost and training courses are optional. DEC has previously developed tests for Class A and B operators, in addition to training materials which are publicly available on the DEC website. As in the past, there will be no charge for the training materials or for an Operator to take the test. Costs for Class A and B Operators are limited to costs associated with the time to prepare and take the test. Retesting or new operator designation is required within 30 days of a DEC determination that the underground tank system is significantly out of compliance. However, periodic retesting for Class A and B Operators will now be required every five years so Operators remain trained/informed of their responsibilities and relevant regulations, and the possibility of spills occurring can be significantly reduced.

Costs will be incurred by facilities subject to new federal requirements (2015 amendments to 40 CFR Part 280) pertaining to tank systems subject to Subpart 598-2. These include testing/inspection/monitoring and repair requirements associated with fill port catch basins, containment sumps, overfill prevention equipment, and leak detection equipment; walkthrough inspection requirements. Note that these new federal requirements, which have been in effect since October 13, 2015, did not have counterparts in previous versions of Parts 596 through 599, and the costs associated with these new requirements have already been incurred.

The proposed rule will eliminate or reduce costs that are incurred under the existing rules by certain facilities. These cost reductions attributable to the proposed rule will allow for DEC to approve any alternative code of practice or leak detection method that is at least as stringent as the ones listed in new proposed Part 598.

Costs to DEC, State and Local Governments

DEC will continue to incur costs for administration of the Operator Training requirements. DEC will also continue to partially cover its personal and non-personal costs through CBS registration application fees. This proposed rule will not impose any additional costs on state agencies or local governments that own or operate facilities.

5. LOCAL GOVERNMENT MANDATES

No additional recordkeeping, reporting, or other requirements not already created by statute would be imposed on local governments by the proposed rule.

6. PAPERWORK

The proposed rule contains no substantive changes to requirements that are imposed on subject facilities under existing statutory and regulatory authorities. Facilities are also required to retain records on Operator Training. In most cases, paperwork may be submitted and maintained in electronic format.

7. DUPLICATION

The proposed rulemaking is not intended to duplicate, overlap, or conflict with any other State or federal requirements. The main goal of this rule making is to reduce duplication. The proposed rule represents a harmonization of the CBS program with State PBS and federal UST program requirements. The existing State and federal CBS programs regulate the same tank systems in somewhat different ways and are not completely consistent with respect to the terminology used. Those differences will be reduced with the promulgation of amendments to Part 597 and the new Part 598, as the new requirements that are in 40 CFR Part 280 (effective October 13, 2015) have been incorporated, as appropriate, into Parts 597 and 598.

8. ALTERNATIVES

DEC considered the following two alternatives in the development of the proposed new Part 598 and amendments to Part 597: (1) no action; and (2) new structure for the rules to incorporate regulatory requirements that affect CBS.

DEC declines to take no action for the following reasons. First, the tables in Part 597 that list hazardous substances must be updated to be consistent with the federal lists specified in ECL Article 40; and information concerning hazardous substances listed in Part 597 need to be corrected so they are consistent between its two tables. Second, the CBS regulations should be restructured so they are consistent with 40 CFR Part 280 and the New York State Petroleum Bulk Storage (PBS) regulations. Third, clarifications are necessary based on experience developed since the promulgation of Parts 596 through 599 in September 2015 (effective October 11, 2015). Fourth, under the no-action alternative, DEC would lose crucial federal funding that supports implementation and enforcement of its CBS program. Further explanation of these reasons may be found in the Needs and Benefits section above.

DEC’s second alternative will adopt the structure of 40 CFR Part 280 and include the more stringent requirements contained in the revisions to 40 CFR Part 280 that were adopted by EPA and effective on October 13, 2015. These include, but are not limited to, spill prevention and release detection equipment testing; overfill prevention equipment inspection; containment sump testing for sumps used for piping interstitial monitoring; and walkthrough inspections. The proposed amendments will also be consistent with the PBS regulations that were promulgated in September 2015 (effective October 11, 2015). Lastly, needed clarifications will be made to improve the consistency and clarity of language which directs the administration of the CBS program.

9. FEDERAL STANDARDS

The proposed regulations will not exceed any minimum federal standards where applicable or where there is no comparable federal standard.

10. COMPLIANCE SCHEDULE

Currently authorized Operators of certain underground tanks will need to continue to complete operator training and testing requirements by retaking the exam within either two years after effective date of the proposed regulations or five years after the date of their last valid Operator certificate (whichever is later). Periodic retesting for Class A and B Operators will be required every five years so Operators remain current and the possibility of spills occurring can be significantly reduced.

The regulated community will be required to comply with all other requirements upon the effective date of the rule.

11. INITIAL REVIEW OF RULE

DEC will conduct an initial review of the rule within three years of its adoption as required by SAPA § 207.

1. EFFECT OF RULE

The addition of new 6 NYCRR Part 598 and amendments to existing 6 NYCRR Part 597 will apply statewide in all 62 counties of New York State (State). The proposed rule represents a consolidation of existing State and federal requirements, in addition to clarifications. Thus, there are no substantive changes to existing requirements pertaining to the Chemical Bulk Storage (CBS) program, which includes the identification of hazardous substances.

The New York State Department of Environmental Conservation (DEC) does not collect data with respect to the number of the persons employed by the owner or operator of any subject facility or on the industrial classification of a registered facility. DEC does not have data on the corporate structures that may exist for a facility owner or operator which may have a bearing on determining how many persons are employed by the owner or operator. DEC only collects information regarding the name, address, and contact information for the owner and operator of each registered facility. Due to this lack of data, DEC is unable to make an estimate of how many small businesses comply with the existing CBS rules (6 NYCRR Parts 596 through 599).

The most common types of subject facilities are municipal facilities, manufacturing facilities and utilities. There are approximately 1,300 registered CBS facilities in DEC’s database. DEC believes that the great majority of the owners and operators of these facilities will likely be properly categorized as small businesses.

DEC does collect data on whether registered facilities are owned by local governments. There are approximately 550 facilities identified as registered by local governments. DEC believes that the types of facilities registered by local governments tend to be water and wastewater treatment facilities.

2. COMPLIANCE REQUIREMENTS

The proposed rule contains no substantive changes to requirements that are imposed on subject facilities under existing statutory and regulatory authorities.

3. PROFESSIONAL SERVICES

No new or additional professional services will likely be needed by facilities owned by small businesses or local governments to comply with the proposed rule.

4. COMPLIANCE COSTS

There will be continued costs incurred by facilities subject to the Operator Training requirements of proposed section 598-2.5. Before being designated, every Class A and B Operator must adequately perform an assessment of knowledge of regulatory requirements applicable to the relevant Operator class, and every Class C Operator must be trained and tested by the Class A or B Operator. Operators of aboveground tank (AST) systems continue to be exempt from this requirement. Self-study can be conducted at no cost and training courses are optional. DEC has previously developed tests for Class A and B operators, in addition to training materials which are publicly available on the DEC website. As in the past, there will be no charge for the training materials or for an Operator to take the test. Costs for Class A and B Operators are limited to costs associated with the time to prepare and take the test. Retesting or new operator designation is required within 30 days of a DEC determination that the underground tank system is significantly out of compliance. However, periodic retesting for Class A and B Operators will now be required every five years so Operators remain trained/informed of their responsibilities and relevant regulations, and the possibility of spills occurring can be significantly reduced.

Costs will be incurred by facilities subject to new federal requirements (2015 amendments to 40 CFR Part 280) pertaining to tank systems subject to Subpart 598-2. These include testing/inspection/monitoring and repair requirements associated with fill port catch basins, containment sumps, overfill prevention equipment, and leak detection equipment; walkthrough inspection requirements. Note that these new federal requirements, which have been in effect since October 13, 2015, did not have counterparts in previous versions of Parts 596 through 599, and the costs associated with these new requirements have already been incurred.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY

The proposed rule contains no substantive changes to requirements that are imposed on subject facilities under existing statutory and regulatory authorities, and implementation will be economically and technologically feasible for small businesses and local governments.

6. MINIMIZING ADVERSE IMPACT

Since the proposed rule represents a consolidation of existing State and federal requirements involving CBS and hazardous substance identification, along with clarifications, DEC does not believe that the proposed rule will have an adverse economic impact on small businesses or local governments.

7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION

DEC continues to provide statewide outreach to regulated parties and interested persons, including small businesses and local governments. DEC posts relevant information on its website to assist the owners and operators of subject facilities with understanding and implementing the requirements of the CBS program. DEC also maintains listservs to which persons may subscribe so that they can receive information about new developments regarding the CBS program.

DEC will ensure public notice and input on the proposed rule by issuing public notices in the State Register and DEC’s Environmental Notice Bulletin; holding a comment period of at least 60 days; conducting public hearings; and most likely scheduling webinars and public meetings during the comment period. Interested parties, including small businesses and local governments, will have the opportunity to submit written comments and participate in the public hearings, as well as any webinars and public meetings that are held. DEC will also post relevant rule making documents on its website for public access.

8. CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION

State Administrative Procedure Act (SAPA) section 202-b(1-a) provides as follows:

In developing a rule for which a regulatory flexibility analysis is required and which involves the establishment or modification of a violation or of penalties associated with a violation, the agency shall: “(a) include a cure period or other opportunity for ameliorative action, the successful completion of which will prevent the imposition of penalties on the party or parties subject to enforcement; or (b) include in the regulatory flexibility analysis an explanation of” why no such cure period was included in the rule.

No cure period or other opportunity for ameliorative action is needed because the rule making will not impose additional penalties on the regulated community, including small businesses and local governments.

9. INITIAL REVIEW OF THE RULE

DEC will conduct an initial review of the rule within three years of its adoption as required by SAPA § 207.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS

For purposes of this Rural Area Flexibility Analysis (RAFA), “rural area” means those portions of the state so defined by Executive Law section 481(7), SAPA section 102(10). Under Executive Law section 481(7), rural areas are defined as “counties within the state having less than two hundred thousand population, and the municipalities, individuals, institutions, communities, programs and such other entities or resources as are found therein. In counties of two hundred thousand or greater population, ‘rural areas’ means towns with population densities of one hundred fifty persons or less per square mile, and the villages, individuals, institutions, communities, programs and such other entities or resources as are found therein.” There are 44 counties in the State that have populations of less than 200,000 people and 71 towns in non-rural counties where the population densities are less than 150 people per square mile. The proposed repeal of Parts 596, 598, 599, addition of the new Part 598, and amendments to Part 597 will apply statewide; therefore, they apply to all rural areas of New York State (State).

2. REPORTING, RECORDKEEPING, OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES

The rulemaking will not directly impose any significant service, duty, or responsibility upon any county, city, town, village, school district, or fire district in a rural area. This rulemaking does not directly mandate the expenditure of funds by any sector of local government.

The proposed rule contains no substantive changes to requirements that are imposed on subject facilities under existing statutory and regulatory authorities. The proposed rule will not impose requirements on facilities located in rural areas in a manner different from those imposed on facilities in non-rural areas. No different or additional professional services will likely be needed by facilities in rural areas by virtue of their rural location. These changes will be imposed statewide, including in rural areas and will affect local governments and private entities.

3. COSTS

There will be continued costs incurred by facilities subject to the Operator Training requirements of proposed section 598-2.5. Before being designated, every Class A and B Operator must adequately perform an assessment of knowledge of regulatory requirements applicable to the relevant Operator class, and every Class C Operator must be trained and tested by the Class A or B Operator. Operators of aboveground tank (AST) systems continue to be exempt from this requirement. Self-study can be conducted at no cost and training courses are optional. DEC has previously developed tests for Class A and B operators, in addition to training materials which are publicly available on the DEC website. As in the past, there will be no charge for the training materials or for an Operator to take the test. Costs for Class A and B Operators are limited to costs associated with the time to prepare and take the test. Retesting or new operator designation is required within 30 days of a DEC determination that the underground tank system is significantly out of compliance. However, periodic retesting for Class A and B Operators will now be required every five years so Operators remain trained/informed of their responsibilities and relevant regulations, and the possibility of spills occurring can be significantly reduced.

Costs will be incurred by facilities subject to new federal requirements (2015 amendments to 40 CFR Part 280) pertaining to tank systems subject to Subpart 598-2. These include testing/inspection/monitoring and repair requirements associated with fill port catch basins, containment sumps, overfill prevention equipment, and leak detection equipment; walkthrough inspection requirements. Note that these new federal requirements, which have been in effect since October 13, 2015, did not have counterparts in previous versions of Parts 596 through 599, and the costs associated with these new requirements have already been incurred.

The proposed rule will not impose costs on facilities in rural areas that are different or additional to those incurred by facilities in non-rural areas. There will be no likely variation in costs incurred by public and private entities in rural areas.

4. MINIMIZING ADVERSE IMPACT

Since this rule making is a harmonization of existing State and federal requirements, DEC believes that the proposed rule will not cause an adverse impact on any rural area.

5. RURAL AREA PARTICIPATION

DEC continues to provide statewide outreach to regulated communities and interested parties, including those in rural areas of the State. DEC posts relevant information on its website to assist the owners and operators of subject facilities, including those located in rural areas, with understanding and implementing the requirements of the Chemical Bulk Storage (CBS) program. DEC also maintains listservs to which persons may subscribe so that they can receive information about new developments regarding the CBS program.

DEC will ensure public notice and input on proposed amendments to Part 613 by issuing public notices in the State Register and DEC’s Environmental Notice Bulletin; holding a comment period of at least 60 days; conducting public hearings; and most likely scheduling webinars and public meetings during the comment period. Interested parties, including those in rural areas, will have the opportunity to submit written comments and participate in the public hearings, as well as any webinars and public meetings that are held. DEC will also post relevant rule making documents on their website for public access.

6. INITIAL REVIEW OF THE RULE

DEC will conduct an initial review of the rule within three years of its adoption as required by SAPA § 207.

In accordance with Section 201-a(2)(a) of the State Administrative Procedure Act, a Job Impact Statement has not been prepared for this rule making as it is not expected to create a substantial adverse impact on jobs and employment opportunities in New York State (State). By restructuring Parts 596, 598 and 599 into a new Part 598, this rule making is principally aimed at harmonizing the existing State requirements (currently established at 6 NYCRR Parts 596 through 599) with the federal requirements (found at 40 Code of Federal Regulations Parts 280 and 302, and amendments to Subtitle I of the Resource Conservation and Recovery Act, 42 United States Code sections 6991 through 6991m). Many regulated entities with underground tank systems should find it easier and less expensive to comply with State regulatory requirements because they would be more consistent with federal regulatory requirements. The New York State Department of Environmental Conservation (DEC) anticipates that this would result in increased compliance. DEC is also updating the list of hazardous substances subject to regulation to be consistent with the mandate of Environmental Conservation Law section 37-0103(2)(c). Since this rule making consists of restructuring the regulations, harmonizing current requirements and incorporating clarifications based on experience developed since the promulgation of Parts 596 through 599 in September 2015 (effective October 11, 2015), there would be no change to existing job opportunities.

DEC concludes that this regulatory proposal would not have a substantial adverse impact on jobs within the State.