N.Y. ENV Law § 40-0113 — New York Code / Act ENV / Article 40 / Section 40-0113
Rules and regulations
Status: in_force

§ 40-0113. Rules and regulations.\n  1. The department, on or before July first, nineteen hundred\neighty-eight, shall promulgate rules and regulations to implement this\narticle. Such rules and regulations may differ as required based on the\nnature of the hazardous substance stored, the type or class of storage\nfacility, and the degree of environmental protection required.\n  The regulations shall include but are not limited to:\n  a. A list of hazardous substances described by subdivision four of\nsection 40-0105 of this article. Such list shall indicate the minimum\nquantity of each such hazardous substance the storage of which shall be\nsubject to regulation pursuant to this article. Such list shall also\nindicate the minimum quantity of each such hazardous substance which, if\nreleased into the environment, shall be deemed to be a reportable\nquantity.\n  b. Minimum standards and schedules for design, construction,\ninstallation, operation, maintenance, repair, monitoring, testing and\ninspection of facilities. Schedules shall be based on factors such as\ntype of facility, type and quantity of hazardous substances stored,\nfacility age, condition and construction type, soil conditions, location\nof facility relative to water supplies, surrounding population, and\nother environmental factors including but not limited to future physical\nclimate risk due to sea level rise, and/or storm surges and/or flooding,\nbased on available data predicting the likelihood of future extreme\nweather events, including hazard risk analysis data if available.\n  c. Requirements for maintaining records pursuant to this article.\n  d. Requirements for reporting releases and corrective action in\nresponse to such releases, and for taking such corrective action\npursuant to this article.\n  e. Provision for variances from specific provisions, provided it can\nbe shown to the satisfaction of the department that the new or alternate\ndesign, practice or method used or proposed to be used provides\nprotection equal to or greater than the requirements of the regulations.\nThe regulations shall also include policies, procedures and criteria for\nreviewing such variance requests.\n  f. Criteria whereby facilities are properly closed and thereby\nreleased from testing and inspection requirements.\n  g. Requirements for maintaining such evidence of financial\nresponsibility as is deemed necessary and desirable for operating,\nmaintaining or closing storage facilities pursuant to this article.\n  Evidence of financial responsibility shall be established in\naccordance with such regulations and may include, but shall not be\nlimited to any one or any combination of the following: insurance,\nguarantee, surety bond, letter of credit, or qualification as a\nself-insurer.\n  h. Rules and training requirements for operators of hazardous\nsubstance storage facilities. The department shall specify training\nrequirements for:\n  (i) persons having primary responsibility for on-site operation and\nmaintenance of storage tank systems;\n  (ii) persons having daily on-site responsibility for the operation and\nmaintenance of storage tank systems; and\n  (iii) daily, on-site employees having primary responsibility for\naddressing emergencies presented by a spill or release from a storage\ntank system.\n  2. Nothing in this article shall authorize the department to adopt or\namend any rule or regulation in a manner less stringent than provided in\nthe Federal Resource Conservation and Recovery Act of 1976, as amended,\nand in rules and regulations promulgated pursuant thereto.\n