N.Y. Comp. Codes R. & Regs. tit. 6 § 570.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 570.2 - Permit Requirements and Application Procedures

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 570.2

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