Petroleum and Chemical Bulk Storage Compliance and Spills




Petroleum and Chemical Bulk Storage Compliance and Spills

Petroleum and Chemical Storage Compliance and Spills Law includes:

  • Petroleum and Chemical Bulk Storage
  • Spill Prevention, Control and Countermeasure Plan Preparation and Compliance
  • Community Right-to-Know Reporting
  • Oil and Chemical Spill Reporting
  • Enforcement

In the past several decades, the federal and state governments have adopted a maze of regulations addressing the storage of petroleum and chemicals. These rules address everything from emergency planning and day-to-day management, to spill reporting and response. Over the years, Young/Sommer has helped numerous clients, large and small, navigate regulatory hurdles, providing counseling on a range of bulk storage and related issues.

Petroleum and Chemical Bulk Storage

As part of its petroleum and chemical bulk storage compliance practice, Young/Sommer helps clients determine whether storage activities are regulated under the federal underground storage tank (UST) program and the New York State petroleum bulk storage (PBS) and chemical bulk storage (CBS) programs. The firm also works with clients to help them understand their obligations under the UST, PBS, and CBS programs relating to the registration, design, installation, operation, maintenance, testing, inspection, and closure of tanks. Where necessary, we have also helped clients obtain variances from New York’s PBS and CBS requirements.

SPCC Plans and Community Right-to-Know

A key component of any bulk storage program is emergency planning, preparedness and response. Over the years, Young/Sommer has helped clients prepare and review spill prevention, control and countermeasure (SPCC) plans containing programs for preventing and responding to spills of oil stored in bulk. The firm also has helped clients meet their planning obligations under the Emergency Planning and Community Right-to-Know Act (EPCRA), answer compliance questions relating to emergency planning, Tier II community-right-to-know filings, and submit Toxic Release Inventory (TRI) reports.

Spill Reporting and Response

When things go wrong, the firm is available to answer questions about oil and chemical spill reporting and emergency response. Young/Sommer has amassed a storehouse of information regarding federal, state and local spill reporting requirements. Using this information, we help clients with spill reporting requirements and manage the spill aftermath. We work with clients to develop materials to help them navigate the spill reporting maze on their own and to ensure that they meet their spill reporting and response obligations.


Finally, Young/Sommer assists clients in bulk storage-related enforcement actions. We represent clients in enforcement actions involving alleged violations of the PBS, CBS, and federal SPCC planning requirements as well as actions premised on the client’s alleged failure to report spills. We defend clients in EPA enforcement actions arising out of alleged violations of EPCRA community right-to-know reporting requirements, including the Tier II and TRI programs.

The firm’s Petroleum and Chemical Bulk Storage Compliance and Spills practice group includes Dean Sommer and James Muscato.

The following Young/Sommer attorneys represent clients in this practice area.

James A. Muscato IIJames A. Muscato II

Jim Muscato is a partner and his practice focuses on environmental and energy law and litigation. Jim assists clients in environmental permitting, State Environmental Quality Review Act issues, alternative energy project development, pollution cleanup and litigation.


Dean S. SommerDean S. Sommer

Dean S. Sommer (Partner) concentrates on the litigation and/or negotiation of environmental and toxic tort matters addressing the release of hazardous substances, hazardous waste, petroleum and solid waste into the environment. Chambers USA, in its 2004 Guide, stated that Mr. Sommer is “a noted litigator” whose “expertise is on show in Superfund, RCRA and CWA issues.”


Joseph F. CastiglioneJoseph F. Castiglione

Joseph F. Castiglione primarily practices in the areas of commercial, contract, municipal, land-use, administrative and environmental law, with his practice primarily dedicated to litigation in State and Federal courts.


Robert A. PanasciRobert A. Panasci

Robert A. Panasci is a partner with Young/Sommer LLC and has been practicing real property law, municipal law, environmental law and special education law since 2002. His legal practice includes representation of corporate and individual clients in all aspects of real estate matters.


E. Hyde ClarkeE. Hyde Clarke

E. Hyde Clarke joined Young/Sommer after receiving his J.D. from Albany Law School in May 2014. He received a Bachelor’s Degree in Political Science from… Read More


Elizabeth M. MorssElizabeth M. Morss

Elizabeth M. Morss (Of Counsel) has been practicing environmental law for over 20 years, providing counsel to small, mid-sized and large industrial clients on compliance with federal, state and local environmental laws, with an emphasis on air, hazardous waste, water and bulk storage issues.