Promulgate rules and regulations establishing standards for new and existing petroleum bulk storage facilities that account for climate risk.
- Date Due:
- N/A
- Responsible Entity:
- DEC
- Action:
- Promulgate rules and regulations establishing standards for new and existing petroleum bulk storage facilities that account for climate risk.
- Summary:
- The DEC must promulgate rules and regulations establishing standards for new and existing petroleum bulk storage facilities which will take into account physical climate risk due to sea level rise, and/or storm surges, and/or flooding, based on available hazard risk analysis.
- Status:
- PENDING: The DEC's regulations for petroleum bulk storage facilities (6 NYCRR part 613) have not been updated, but Revised Commissioner Policy #49 states that the policy will apply to permit applications for energy storage facilities.
- Statute:
- CRRA § 9 amends ECL § 17-1015(1).
Statutory Language:
CRRA § 9: “Subdivision 1 of section 17-1015 of the environmental conservation law, as amended by chapter 334 of the laws of 2008, is amended to read as follows:
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."