New York Consolidated Laws, Environmental Conservation Law - ENV § 17-1015. State petroleum bulk storage standards

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.

2. The department shall establish rules and regulations allowing variances from such standards provided that it can be demonstrated to the department that an alternate design, practice or method of storage provides environmental protection equal to or greater than the requirements of such standard.

3. The department shall promulgate rules and regulations establishing training requirements for operators of petroleum bulk storage facilities.  The department shall specify training requirements for: