Bill Text: NY S00841 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reduces emissions of air pollutants from petroleum bulk storage facilities by requiring that no person shall own or operate a facility containing an above-ground tank that does not have a shell color and roof color of either white or beige/cream; provides that such color requirements shall apply to every tank at a facility regardless of whether the tank is in active use for storage; defines terms.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2021-10-25 - SIGNED CHAP.505 [S00841 Detail]

Download: New_York-2021-S00841-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           841

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          reducing  emissions  of  air  pollutants  from  petroleum bulk storage
          facilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 17-1016 to read as follows:
     3  § 17-1016. Reduction of air pollution from petroleum bulk storage facil-
     4               ities.
     5    1. Statement of findings. a.  Above-ground  storage  tanks  containing
     6  petroleum  and  petroleum-containing  products are a major source of air
     7  pollutants,  including  volatile  organic  compounds  such  as  benzene,
     8  toluene, ethylbenzene, xylene and formaldehyde.
     9    b.  Volatile organic compounds cause a variety of adverse human health
    10  effects, including eye, nose and throat irritation; shortness of breath;
    11  headaches; fatigue; nausea; dizziness; skin problems;  lung  irritation;
    12  damage to the liver, kidney and central nervous system; and cancer.
    13    c.  Studies  have shown that the color of an above-ground storage tank
    14  significantly affects the amount of  air  pollutants  emitted  from  the
    15  tank. Storage tanks painted darker colors have been shown to emit two to
    16  three times as much air pollution during warm weather than tanks painted
    17  lighter colors.
    18    d.  Requiring  above-ground storage tanks to be painted lighter colors
    19  will have significant air quality and public  health  benefits,  partic-
    20  ularly   in  environmental  justice  communities  that  already  bear  a
    21  disproportionate pollution burden.
    22    2. Definitions. For purposes of this section, the  terms  below  shall
    23  have the following meaning:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02989-01-1
        S. 841                              2

     1    a.  "Shell  color"  shall  mean the color and shade combination of the
     2  paint on the sides or shell of a tank.
     3    b.  "Roof  color"  shall  mean  the color and shade combination of the
     4  paint on the roof of a tank.
     5    c. "Tank" shall have the meaning set forth in section 17-1003 of  this
     6  title  except  that  for purposes of this section "tank" means an above-
     7  ground tank and does not include associated pipes,  lines,  fixtures  or
     8  other ancillary equipment.
     9    3.  Tank  coloring.  a.  No  person  shall  own  or operate a facility
    10  containing a tank that does not meet  the  color  requirements  of  this
    11  subdivision.  Such  color  requirements  shall  apply to every tank at a
    12  facility regardless of whether the tank is in active use for storage.
    13    b. A tank shall have a shell color and roof color of either  white  or
    14  beige/cream.
    15    § 2. This act shall take effect January 1, 2023.