Revised Proposed 6 NYCRR Part 570 - Regulation of Liquefied Natural Gas Facilities
On September 11, 2013, DEC proposed the addition of Part 570 to 6 NYCRR to implement requirements for the safe siting and operation of liquefied natural gas (LNG) facilities and transportation of LNG in New York State (the State) under Article 23, Title 17 of the Environmental Conservation Law. Adoption of Part 570 would allow DEC to permit the siting, construction, and operation of LNG facilities in response to the renewed interest in locating LNG facilities (particularly heavy-duty truck fueling facilities) in the State. Part 570 also addresses the transportation of LNG and the statutory requirement that intrastate transportation only occur along approved routes.
DEC held two public information meetings and one public hearing during the public comment period, which ended on December 4, 2013. Approximately 57,000 submittals were received, representing over 131,000 individual comments with 195 unique comments identified. DEC evaluated all comments received and prepared an Assessment of Public Comment, which is available below. Proposed Part 570 and supporting rule making documents have been revised (see links below), and a Notice of Revised Rule Making published in the State Register (on November 12, 2014).
The proposed substantial revision would establish an upper limit of 70,000 gallons on the amount of LNG that a facility would be permitted to store. This revision is being made in response to public comments received during the proposed rule making. A limit on LNG facility capacity of 70,000 gallons would be a conservative approach that recognizes the different requirements for large tanks/facilities included in the National Fire Protection Association standards on this subject. As DEC gains experience with permitting LNG facilities and more information becomes available regarding the relationship between facility capacity and the risk of fire or explosion, and other relevant issues, DEC may reconsider the capacity limit in future revisions to Part 570. The proposed revision to Part 570 also includes several minor changes that reflect public comment.
Submitting Written Comments
DEC is accepting written public comments through Friday, December 12, 2014 on the revised proposed Part 570 and revised supporting rule making documents.
Written comments can be submitted by:
- Email to DEC [include 'Comments on Revised Proposed Part 570' in the subject line]; or
- Mail to Mr. Russ Brauksieck, NYSDEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020.
- Revised Summary of Express Terms - 6 NYCRR Part 570
- Revised Proposed Express Terms (Full Text) - 6 NYCRR Part 570
- Assessment of Public Comment Summary for September 11, 2013 Proposal - 6 NYCRR Part 570
- Assessment of Public Comment (Full Text) for September 11, 2013 Proposal - 6 NYCRR Part 570 (PDF) (340 KB)
- Revised Regulatory Impact Statement Summary - 6 NYCRR Part 570
- Revised Regulatory Impact Statement (Full Text) - 6 NYCRR Part 570
- Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments - 6 NYCRR Part 570
- Revised Rural Area Flexibility Analysis - 6 NYCRR Part 570
- Revised Job Impact Exemption Statement - 6 NYCRR Part 570
- State Environmental Quality Review (SEQR) Documents - 6 NYCRR Part 570 (PDF) (140 KB) - Negative Declaration, Short Environmental Assessment Form, Coastal Assessment Form.
National Fire Protection Association (NFPA) Standards
- Two NFPA Standards are referenced in revised proposed 6 NYCRR Part 570: NFPA 59A - Standard for the Production, Storage, and Handling of LNG; and NFPA 52 - Vehicular Gaseous Fuel Systems Code (see "Links Leaving DEC's Website" on the right of this page.)
- Instructions for Online Access of NFPA Standards referenced in Revised Proposed 6 NYCRR Part 570 (PDF) (1.6 MB)
- Report on Issues Regarding the Existing New York Liquefied Natural Gas Moratorium (November 1998) (see "Links Leaving DEC's Website" on the right of this page.)
- NYS Liquefied Natural Gas (LNG) 6 NYCRR Part 570 Promulgation Support Study (September 20, 2011) (PDF) (418 KB).
The revised proposed Part 570, revised supporting rule making documents, LNG reports, and NFPA Standards may also be inspected at the following DEC offices, by calling the noted contact for an appointment.
- Central Office, 625 Broadway, Albany, NY 12233, Attention: Russ Brauksieck (518) 402-9553
- Region 1, SUNY, Building #40, Stony Brook, NY 11790, Attention: Karen Gomez (631) 444-0320
- Region 2, Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Leszek Zielinski (718) 482-6455
- Region 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Ed Moore (845) 256-3137
- Region 4, 1150 North Westcott Road, Schenectady, NY 12306, Attention: Lynn Winterberger (518) 357-2374
- Region 5, 1115 NYS Route 86, Ray Brook, NY 13601, Attention: Russ Huyck (518) 897-1242
- Region 6, State Office Building, 317 Washington Street, Watertown, NY 13601, Attention: Gary McCullouch (315) 785-2513
- Region 7, 615 Erie Boulevard West, Syracuse, NY 13204, Attention: Dick Brazell (315) 426-7523
- Region 8, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Pete Miller (585) 226-5427
- Region 9, 270 Michigan Avenue, Buffalo, NY 14202, Attention: Greg Sutton (716) 851-7220.
Subscribe to the LNG Mailing List
DEC has an email list for those who would like to receive information regarding DEC's LNG program. This mailing list is used only by DEC so you will only receive information from DEC. Subscribe to the LNG mailing list - enter your email address and other information that may be requested. You will receive a confirmation email upon successful subscription to this mailing list.
More about Revised Proposed 6 NYCRR Part 570 - Regulation of Liquefied Natural Gas Facilities:
- Summary of Assessment of Public Comment - 6 NYCRR Part 570 - Summary of assessment for comments received.
- Revised Summary of Express Terms - 6 NYCRR Part 570 - Summary of regulation for liquefied natural gas facilities.
- Revised Proposed Express Terms (Full Text) - 6 NYCRR Part 570 - Full text of regulation for liquefied natural gas facilities.
- Revised Summary of Regulatory Impact Statement - 6 NYCRR Part 570 - Brief summary of authority, benefits, costs and potential impacts of the regulations.
- Revised Regulatory Impact Statement (Full Text) - 6 NYCRR Part 570 - Detailed explanation of authority, benefits, costs and potential impacts of the regulations.
- Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments - 6 NYCRR Part 570 - Information about the effects of the regulations, minimizing adverse impact on small business and local government.
- Revised Rural Area Flexibility Analysis - 6 NYCRR Part 570 - Information about compliance with the regulations; costs; minimizing adverse impacts; and rural area participation.
- Revised Job Impact Exemption Statement - 6 NYCRR Part 570 - Statement that the regulations are not expected to create a substantial adverse impact on employment opportunities.