N.Y. Environmental Conservation Law § 40-0113: Rules and regulations

§ 40-0113. Rules and regulations.

1. The department, on or before July first, nineteen hundred

eighty-eight, shall promulgate rules and regulations to implement this

article. Such rules and regulations may differ as required based on the

nature of the hazardous substance stored, the type or class of storage

facility, and the degree of environmental protection required.

The regulations shall include but are not limited to:

a. A list of hazardous substances described by subdivision four of

section 40-0105 of this article. Such list shall indicate the minimum

quantity of each such hazardous substance the storage of which shall be

subject to regulation pursuant to this article. Such list shall also

indicate the minimum quantity of each such hazardous substance which, if

released into the environment, shall be deemed to be a reportable

quantity.

b. Minimum standards and schedules for design, construction,

installation, operation, maintenance, repair, monitoring, testing and

inspection of facilities. Schedules shall be based on factors such as

type of facility, type and quantity of hazardous substances stored,

facility age, condition and construction type, soil conditions, location

of facility relative to water supplies, surrounding population, and

other environmental factors including but not limited to 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 available.

c. Requirements for maintaining records pursuant to this article.

d. Requirements for reporting releases and corrective action in

response to such releases, and for taking such corrective action

pursuant to this article.

e. Provision for variances from specific provisions, provided it can

be shown to the satisfaction of the department that the new or alternate

design, practice or method used or proposed to be used provides

protection equal to or greater than the requirements of the regulations.

The regulations shall also include policies, procedures and criteria for

reviewing such variance requests.

f. Criteria whereby facilities are properly closed and thereby

released from testing and inspection requirements.

g. Requirements for maintaining such evidence of financial

responsibility as is deemed necessary and desirable for operating,

maintaining or closing storage facilities pursuant to this article.

Evidence of financial responsibility shall be established in

accordance with such regulations and may include, but shall not be

limited to any one or any combination of the following: insurance,

guarantee, surety bond, letter of credit, or qualification as a

self-insurer.

h. Rules and training requirements for operators of hazardous

substance storage facilities. The department shall specify training

requirements for:

(i) persons having primary responsibility for on-site operation and

maintenance of storage tank systems;

(ii) persons having daily on-site responsibility for the operation and

maintenance of storage tank systems; and

(iii) daily, on-site employees having primary responsibility for

addressing emergencies presented by a spill or release from a storage

tank system.

2. Nothing in this article shall authorize the department to adopt or

amend any rule or regulation in a manner less stringent than provided in

the Federal Resource Conservation and Recovery Act of 1976, as amended,

and in rules and regulations promulgated pursuant thereto.