N.Y. Environmental Conservation Law § 17-1015: State petroleum bulk storage standards

§ 17-1015. State petroleum bulk storage standards.

1. The department shall, pursuant to section 17-0303 of this article,

promulgate rules and regulations establishing standards for existing and

new petroleum bulk storage facilities which shall include, but not be

limited to, design, equipment requirements, construction, installation

and maintenance. In proposing, preparing and compiling such rules and

regulations, the department shall include consideration of the future

physical climate risk due to sea level rise, and/or storm surges and/or

flooding, based on available data predicting the likelihood of future

extreme weather events, including hazard risk analysis data if

applicable. The department shall consult with the state petroleum bulk

storage code advisory council in proposing, preparing and compiling such

rules and regulations. In addition, the department shall consult with

the state fire prevention and building code council to assure that such

rules and regulations are consistent with the uniform fire prevention

and building code.

2. The department shall establish rules and regulations allowing

variances from such standards provided that it can be demonstrated to

the department that an alternate design, practice or method of storage

provides environmental protection equal to or greater than the

requirements of such standard.

3. The department shall promulgate rules and regulations establishing

training requirements for operators of petroleum bulk storage

facilities. The department shall specify training requirements for:

a. persons having primary responsibility for on-site operation and

maintenance of storage tank systems;

b. persons having daily on-site responsibility for the operation and

maintenance of storage tank systems; and

c. daily, on-site employees having primary responsibility for

addressing emergencies presented by a spill or release from a storage

tank system.