New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 570 - Liquefied Natural Gas › Section 570.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(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.