Current through Register Vol. 46, No. 52, December 24, 2024
(a)
Permit
Requirements. A permit issued pursuant to this Part must be obtained
prior to the preparation of a site for, construction of, or operation of an LNG
facility. Every permit issued pursuant to this Part shall specify the facility
capacity, which shall not exceed 70,000 gallons. Facilities with valid permits
must be operated in conformance with the permit and any terms, limitations, and
conditions therein. Nothing in this Part exempts a facility from compliance
with any other applicable State, federal, or local requirements.
(b)
Permit Application Contents.
A complete application for a permit must conform to the format provided by the
Department and must include, at a minimum:
(1)
the location of the proposed facility;
(2) a description of reasonable alternative
locations for the proposed facility, if any, and whether the facility, if
located at such alternative location(s) would be compatible with the
surrounding environment and with the safety of neighboring populations while
still meeting the needs, business purposes, or intentions of the
applicant;
(3) the need for the
proposed facility;
(4)
specification of the tank manufacturing design standard and design capacity for
each tank, any LNG conversion units, and any other storage device;
(5) the facility capacity, which shall not
exceed 70,000 gallons;
(6) the
expected sources of natural gas or LNG for the facility;
(7) a written summary and maps showing the
routes to be used to supply the facility with LNG;
(8) a description of the possible
environmental impacts of the proposed facility and the facility features or
procedures to mitigate those impacts;
(9) a statement of compliance;
(10) a report, prepared by an independent
qualified person, that evaluates the capability and preparedness, or lack
thereof, of fire departments in the vicinity of the proposed facility who would
respond to a release of LNG or fire involving LNG. If this report concludes
that any additional training, personnel, or equipment would be needed for local
fire departments to effectively respond to a release or fire involving LNG, the
report shall detail the deficiencies and provide a detailed cost estimate and
schedule for remedying any deficiencies;
(11) proof of liability insurance carried by
the applicant which covers the proposed LNG operations;
(12) a written listing of the NFPA
requirements that would apply to the LNG facility in accordance with paragraph
(d)(1) of this section and an explanation of how the LNG facility would be in
compliance with those requirements;
(13) for the proposed facility property and
for surrounding properties within one-half mile of the facility property
boundaries, floodplains within areas impacted by floods equal to or greater
than the 100-year/base flood defined in Part 500 of this Title, the current
zoning classifications, actual land use, and population data (from most recent
census); and
(14) such other
information as the Department shall determine to be necessary to render a
decision about issuing a permit for the facility.
(c)
Permit Application Forms.
(1) Facility owners must submit an
application for a permit on application forms provided by the Department unless
an alternative means of application is approved by the Department. Forms are
available at
www.dec.ny.gov, all Department
offices, or by writing the New York State Department of Environmental
Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New
York, 12233-7020.
(2) A permit
application submitted by a corporation must be signed by a principal executive
officer of at least the level of vice-president or by a duly authorized
representative. A permit application submitted by a partnership or a sole
proprietorship must be signed by a general partner or proprietor. An
application submitted by a municipal, state, or other public entity must be
signed by either a principal executive officer, ranking elected official, or
other duly authorized employee, and must be accompanied by a copy of the
ordinance, resolution or order authorizing the individual to act on the public
entity's behalf.
(3) Applications
that do not conform to the requirements of this Part will be determined to be
incomplete pursuant to Part 621 of this Title.
(d)
Criteria for Siting and Operation
of Facilities.
(1) All LNG facilities,
except for pre-existing facilities and those that are subject only to the
requirements of NFPA 52 regarding the storage and handling of LNG, must comply
with all applicable provisions of the August 29, 2012 (2013 edition) of NFPA
59A, "Standard for the Production, Storage, and Handling of Liquefied Natural
Gas." LNG facilities that store and dispense LNG or L/CNG for use by vehicles
must comply with all applicable provisions of the December 17, 2012 (2013
edition) of NFPA 52, "Vehicular Gaseous Fuel Systems Code."
(2) Transfers of LNG to trucks or rail cars
must also comply with the applicable provisions of the October 1, 2013 edition
of the United States Department of Transportation's Pipeline Safety
Regulations, 49 CFR Part 193, Subchapter D. The installation, operation, and
maintenance of facilities that transfer LNG to and from marine vessels shall be
designed, built and operated in accordance with 49 CFR Part 193, Subchapter D
and/or the July 1, 2013 edition of the United States Coast Guard's Navigation
and Navigable Waters Regulations, 33 CFR Part 127, as applicable.
(3) The Department will determine if the
information provided in the facility permit application required by subdivision
(b) of this section indicates the need for additional training, personnel, or
equipment to enable local fire departments to respond effectively to any
release or fire involving LNG at the facility. If the Department concludes that
additional training, personnel, or equipment is needed, it shall be provided by
the applicant before beginning operation of the facility.
(4) When determining whether to issue a
permit under this Part, the Department shall consider the physical,
flammability, and explosivity characteristics of LNG and the following factors:
(i) compliance with the requirements of
paragraphs one through three of this subdivision;
(ii) risks to persons and property in the
area neighboring the facility; and
(iii) risks from transportation
accidents.
(e)
Permit Issuance. The
procedures and processes identified in Part 621 of this Title govern the
issuance of permits to LNG facilities. A permit issued pursuant to this Part is
issued to the facility owner, and includes the names of the facility owner and
facility operator. A permit is valid only for the facility's specified owner
and operator, and the specific conditions stated in the application and
permit.
(f)
Duration of
Permit. The date of expiration of any permit issued pursuant to this
Part will be five (5) years from the date the permit is issued unless the
Department determines that a shorter period is appropriate.
(g)
Renewal of Permit. A permit
issued pursuant to this Part may be renewed by the Department for additional
five-year terms, or a shorter period if appropriate, in accordance with Part
621 of this Title, upon a written request on a form approved by the Department,
and filed with the Department at least thirty (30) days prior to the permit
expiration date. A request for a renewal must include a statement of
compliance.
(h)
Public
Participation. Any hearings, comments, or participation by federal,
State or local government bodies or members of the public, relative to any
permit proceedings, shall be conducted in accordance with procedures
established in Parts 621 and 624 of this Title.
(i)
Modifications of Permits and Change
of Ownership.
(1) A change in
ownership of a facility requires the new owner to submit an application for
permit transfer at least thirty (30) days prior to transfer pursuant to section
621.11 of this Title, and payment
of the applicable fee under subdivision (k) of this section. A permit transfer
is treated as a new permit.
(2) A
change in facility operator requires written notice to the Department at least
30 days prior to the change in operator. No payment of a fee is required for a
permit modification to reflect a change in facility operator.
(3) Permit modifications, including physical
or operational changes to an existing LNG facility, are subject to procedures
established in Part 621 of this Title. In addition:
(i) any proposed changes at an LNG facility
subject to this Part involving any increase in on-site LNG facility capacity,
modifications to the site boundaries of the facility, or requiring a material
change to any permit terms or conditions will be treated as a new application
pursuant to Part 621 of this Title.
(ii) the upgrading and maintenance of
mechanical systems and other equipment, conducted during the term of a valid
permit, that will not increase the on-site facility capacity, and is conducted
within the previously approved site boundaries, does not require a permit
modification.
(j)
Permit Suspension or
Revocation. Permits issued to LNG facilities may be suspended or revoked
by the Department, pursuant to Part 621 of this Title. For matters involving
the potential endangerment of public safety, nothing in this section restricts
any authority having jurisdiction from taking any action it might otherwise be
empowered to take.
(k)
Permit
Application Fees; Costs. The facility owner must submit with each
application for a permit, permit renewal, or permit transfer, a permit
application fee as follows:
| Facility Capacity |
Fee |
| (1) less than 1,100 gallons |
$100. |
| (2) 1,100 gallons to 10,000 gallons |
$500. |
| (3) greater than 10,000 gallons to 70,000
gallons |
$1,000. |
In addition to the permit application fee, the Department
is authorized to recover costs associated with the State Environmental Quality
Review Act process, and, on an allocated basis, all other costs incurred by the
Department in the administration and enforcement of this Part and Article 23,
Title 17 of the Environmental Conservation Law.
