2019 New York Laws
ENV - Environmental Conservation
Article 40 - Hazardous Substances Bulk Storage Act
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.