N.Y. Comp. Codes R. & Regs. tit. 6 § 570.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 570.1 - Introduction

(a)Purpose. The purpose of this Part is to establish criteria for the siting of liquefied natural gas (LNG) facilities and to require that such facilities obtain a permit from the Department pursuant to Article 23, Title 17 of the Environmental Conservation Law to protect the public health and the environment of New York State (the State).

(b)Applicability. This Part applies throughout the State subject to the restrictions identified in section 570.9 of this Part. Unless specifically exempted pursuant to subdivision (d) of this section, owners and operators of LNG facilities must comply with this Part. LNG transportation activities do not require a permit issued under this Part; however, except for transportation by navigable waterways, intrastate transportation of LNG is prohibited unless the intrastate transportation route has been certified as set forth in section 570.4(a) of this Part. Storage or transportation of natural gas in the vapor state, under pressure or not, is not subject to this Part.

(c)Definitions. For the purposes of this Part, the following definitions apply:

(1) "Aboveground storage tank" or "AST" means any tank that is not an underground storage tank.

(2) "Authority having jurisdiction" means the local government, county government, or State agency responsible for the administration and enforcement of applicable regulation or law.

(3) "Department" means the New York State Department of Environmental Conservation.

(4) "Facility capacity" means the sum of the design capacities for each tank or other storage device (e.g., a tank trailer used for storage and not for an LNG transportation activity) at the LNG facility.

(5) "Interstate transport of LNG" means the transportation of LNG between a point in New York State and a point in another state or a foreign country, in either direction; or between points in New York State through another state or foreign country; or between points in other states or foreign countries through New York State.

(6) "Intrastate transport of LNG" means the transportation of LNG other than as described in the definition of "interstate transport of LNG."

(7) "L/CNG," also known as "liquefied to compressed natural gas," means LNG which may be dispensed from its container as either a liquid (LNG) or as compressed natural gas (CNG).

(8) "Liquefied natural gas," or "LNG," means natural gas or synthetic gas composed primarily of methane (CH4) cooled to its liquid state. For the purposes of this Part, LNG shall not mean liquefied petroleum gas.

(9) "Liquefied natural gas facility" or "LNG facility" means any structure or facility located on one or more contiguous or adjacent properties under common control that is used to store LNG in a tank system, or other storage device or to convert LNG into natural gas.

(10) "Liquefied natural gas transportation activity" or "LNG transportation activity" means the loading, unloading, or transportation, by whatever means, of LNG.

(11) "NFPA" means the National Fire Protection Association, or its successor.

(12) "Natural gas" means a fuel consisting of a mixture of mostly methane (CH4) gas, other hydrocarbon gases, and trace amounts of non-hydrocarbon gases, which is stored and transported in a vapor state and under a wide range of pressures.

(13) "Operator" means any person who operates, controls, or supervises an LNG facility or who is responsible for the operation.

(14) "Out-of-service," in relation to an LNG facility or portion thereof, means no longer receiving or dispensing LNG.

(15) "Owner" means any person who owns or has legal or equitable title to an LNG facility.

(16) "Permit" means an "environmental safety permit" issued by the Department pursuant to Article 23, Title 17 of the Environmental Conservation Law and this Part.

(17) "Person" means any individual, corporation, partnership, association, cooperative or otherwise, trust or estate, governmental agency, authority, public benefit corporation, municipality or agency thereof, board or commission, or other public or private legal entity.

(18) "Pre-existing facility" means an LNG facility in actual use and operation on September 1, 1976 that is exempt from the permit requirements of this Part and operates pursuant to a Department order.

(19) "SEQRA" means the State Environmental Quality Review Act set forth in Article 8 of the Environmental Conservation Law, and implemented by Part 617 of this Title.

(20) "Spill" or "spillage" means any escape of LNG in liquid form from the containers employed in the normal course of storage, transfer, processing, or use of LNG.

(21) "Statement of compliance" means a two-part document containing the following components. In part one, a State-licensed Professional Engineer authorized to practice engineering in the State pursuant to Article 145 the State Education Law, on behalf of an applicant for a permit, attests by signature and seal that the design of the proposed LNG facility meets the applicable provisions of Federal Pipeline Safety standards, applicable provisions of the Public Service Commission's regulations in 16 NYCRR, and the Uniform Fire Prevention and Building Code of the State. In part two, the owner of the facility attests that the facility will be operated in accordance with all applicable law, regulations, standards, and requirements.

(22) "Tank" means the main storage container of a tank system. Each section of a compartmented tank will be treated as an individual tank.

(23) "Tank design capacity" means the nominal amount of LNG that a tank is designed to hold as determined by the tank manufacturer. If a certain portion of a tank is unable to store LNG (for example, electrical equipment or other interior components take up space), the design capacity of the tank is thereby reduced.

(24) "Tank system" means a stationary device designed to store LNG that is constructed of non-earthen materials that provide structural support. This term includes all associated piping and ancillary equipment.

(25) "Underground storage tank" or "UST" means a tank for which ten percent or more of the tank design capacity is beneath the surface of the ground. This term does not include a tank situated in an underground vault or other area making the tank fully available for inspection.

(d)Exemptions. For the purposes of this Part, the following exemptions apply:

(1) An on-board LNG fuel tank used to power an LNG-fueled vehicle or vessel shall not constitute an LNG facility.

(2) LNG delivery tank trucks, when attached to a natural gas pipeline for the purpose of short-term pipeline-pressure regulation, shall not constitute LNG facilities if such tank trucks remain connected to the pipeline for less than 72 hours per event, and no more frequently than one such event during any thirty (30) day period.

(3) The movement of LNG within the boundaries of an LNG facility shall not constitute intrastate transport of LNG.

(4) The movement of an LNG-fueled vehicle or vessel with an on-board LNG fuel tank used to power such vehicle or vessel shall not constitute intrastate transport of LNG.

(5) A pre-existing facility may continue to operate, without the need to obtain a permit, provided that:

i) there are no new LNG storage tanks, tank system design changes, or operational modifications, including any that result in an increase in the on-site LNG facility capacity;

ii) a corporate officer of the owner with overall responsibility for the operation of the facility signs and submits part two of a statement of compliance (as defined in §570.l(c)(21)) to the Department within one year of the effective date of this Part, and every five years thereafter; and

iii) the facility remains in compliance with the terms of any LNG-related Department orders issued pursuant to Article 23, Title 17 of the Environmental Conservation Law.

(6) The delivery of LNG to alleviate an emergency, as defined in section 621.2(j) of this Title, shall not constitute intrastate transport of LNG, if the Department has issued an emergency authorization pursuant to section 621.12 of this Title. For the duration of such emergency, the equipment used to convert LNG into natural gas shall not constitute an LNG facility, unless such equipment is already an LNG facility under this Part. In an emergency, the requirements of section 621.12 of this Title must be met.

(e)Severability. If any provision of this Part or its application to any person or circumstance is held invalid, the remainder of this Part, and the application of those provisions to other persons or circumstances shall not be affected.

(f)Enforcement. Any person, who violates any of the provisions of this Part, or any order issued by the Commissioner, shall be liable for civil, administrative and criminal penalties as provided by law.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 570.1

Adopted by New York State Register February 11, 2015/Volume XXXVII, Issue 06, eff. 2/26/2015