2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 17 - Liquefied Natural and Petroleum Gas › 23-1709 - Criteria for Siting.

§ 23-1709. Criteria for siting.
1.  The  department  shall,  after  investigation  and opportunity for
public comment, within one year from the effective date of this section,
adopt, and file with the secretary of  state,  regulations  establishing
criteria   for  the  siting  of  liquefied  natural  and  petroleum  gas
facilities. Such siting criteria shall be designed to insure the maximum
safety of the public from hazards associated with liquefied  natural  or
petroleum  gas  storage,  transportation  and conversion. The department
shall also within one year from such effective  date  adopt  regulations
prescribing  the  form  and  content  of  applications for environmental
safety permits  to  construct  a  liquefied  natural  or  petroleum  gas
facility.
2.  The regulations issued pursuant to subdivision one of this section
for the siting of liquefied natural or petroleum  gas  facilities  shall
take into account, among other factors:
(a)  The  density  of  population  in  areas neighboring the liquefied
natural or petroleum gas facility;
(b) The density of population in areas neighboring delivery routes  of
liquefied  natural  or petroleum gas to a liquefied natural or petroleum
gas facility, if delivery  is  by  water-borne  vessel,  rail  or  motor
vehicle;
(c)  The  risk  of  accident  during  the  transportation of liquefied
natural or petroleum gas to or from a liquefied natural or petroleum gas
facility which could  result  in  a  release  of  liquefied  natural  or
petroleum  gas  from  containment and the safeguards necessary to reduce
such risk;
(d) The physical properties of liquefied  natural  or  petroleum  gas,
including:  (i)  the effect of cryogenic temperatures upon containers of
liquefied natural or petroleum gas; (ii) the  maximum  distance  that  a
liquefied  natural  or  petroleum gas vapor cloud is projected to expand
and pose a  threat  to  the  public;  and,  (iii)  the  flammability  or
explosiveness  of such a cloud formed by vaporizing liquefied natural or
petroleum gas.
3. The regulations issued by the department  pursuant  to  subdivision
one  prescribing  the form of an application for an environmental safety
permit to construct a liquefied natural or petroleum gas facility  shall
require the applicant to supply detailed information regarding:
(a) The location of the proposed facility;
(b) A description of the design and capacity of the facility;
(c)  The  expected  sources  of  natural  gas  or liquefied natural or
petroleum gas for the facility, the  proposed  methods  of  transporting
natural  gas  or  liquefied  natural  or  petroleum  gas to and from the
facility, and the routes which deliveries will traverse;
(d) The need for the facility;
(e) The environmental impacts of the proposed facility;
(f) A description of reasonable alternative locations for the proposed
facility;
(g) Such other information as the department shall prescribe to  allow
it  to render a decision as to whether the proposed liquefied natural or
petroleum gas facility is necessary and compatible with the  surrounding
environment and with the safety of neighboring populations.
4.  The  rules  and regulations adopted by the department to implement
this title and the provisions of article 70 of this  chapter  and  rules
and  regulations  adopted  thereunder  shall govern environmental safety
permit   applications,   renewals,   modifications,   suspensions    and
revocations under this title.