N.Y. Environmental Conservation Law § 23-1709: Criteria for siting

§ 23-1709. Criteria for siting.

1. The department shall, after investigation and opportunity for

public comment, within one year from the effective date of this section,

adopt, and file with the secretary of state, regulations establishing

criteria for the siting of liquefied natural and petroleum gas

facilities. Such siting criteria shall be designed to insure the maximum

safety of the public from hazards associated with liquefied natural or

petroleum gas storage, transportation and conversion. The department

shall also within one year from such effective date adopt regulations

prescribing the form and content of applications for environmental

safety permits to construct a liquefied natural or petroleum gas

facility.

2. The regulations issued pursuant to subdivision one of this section

for the siting of liquefied natural or petroleum gas facilities shall

take into account, among other factors:

(a) The density of population in areas neighboring the liquefied

natural or petroleum gas facility;

(b) The density of population in areas neighboring delivery routes of

liquefied natural or petroleum gas to a liquefied natural or petroleum

gas facility, if delivery is by water-borne vessel, rail or motor

vehicle;

(c) The risk of accident during the transportation of liquefied

natural or petroleum gas to or from a liquefied natural or petroleum gas

facility which could result in a release of liquefied natural or

petroleum gas from containment and the safeguards necessary to reduce

such risk;

(d) The physical properties of liquefied natural or petroleum gas,

including: (i) the effect of cryogenic temperatures upon containers of

liquefied natural or petroleum gas; (ii) the maximum distance that a

liquefied natural or petroleum gas vapor cloud is projected to expand

and pose a threat to the public; and, (iii) the flammability or

explosiveness of such a cloud formed by vaporizing liquefied natural or

petroleum gas.

3. The regulations issued by the department pursuant to subdivision

one prescribing the form of an application for an environmental safety

permit to construct a liquefied natural or petroleum gas facility shall

require the applicant to supply detailed information regarding:

(a) The location of the proposed facility;

(b) A description of the design and capacity of the facility;

(c) The expected sources of natural gas or liquefied natural or

petroleum gas for the facility, the proposed methods of transporting

natural gas or liquefied natural or petroleum gas to and from the

facility, and the routes which deliveries will traverse;

(d) The need for the facility;

(e) The environmental impacts of the proposed facility;

(f) A description of reasonable alternative locations for the proposed

facility;

(g) Such other information as the department shall prescribe to allow

it to render a decision as to whether the proposed liquefied natural or

petroleum gas facility is necessary and compatible with the surrounding

environment and with the safety of neighboring populations.

4. The rules and regulations adopted by the department to implement

this title and the provisions of article 70 of this chapter and rules

and regulations adopted thereunder shall govern environmental safety

permit applications, renewals, modifications, suspensions and

revocations under this title.