Update standards and schedules for industrial hazardous waste treatment, storage and disposal facilities to include consideration of climate risk.

Date Due:: N/A
Responsible Entity:: DEC
Action:: Update standards and schedules for industrial hazardous waste treatment, storage and disposal facilities to include consideration of climate risk.
Summary:: DEC must establish standards for design, construction, installation, operation, maintenance, repair, monitoring, testing and inspection of hazardous substance facilities based on a number of factors; those factors now include 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.
Status:: PENDING: Neither the Handling and Storage of Hazardous Substances regulations (6 NYCRR Part 598) nor the Standards for New Hazardous Substance Tank Systems (6 NYCRR Part 599) require consideration of climate risk.
Statute:: CRRA § 5 amends ECL § 40-0113(1)(b).

Statutory Language:

CRRA § 5: “Paragraph b of subdivision 1 of section 40-0113 of the environmental conservation law, as added by chapter 672 of the laws of 1986, is amended to read as follows:

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."