6 NYCRR Part 570 - Regulation of Liquefied Natural Gas Facilities
Effective February 26, 2015
DEC adopted 6 NYCRR Part 570 which establishes a permitting program for the safe siting, construction, and operation of liquefied natural gas (LNG) facilities in New York State as required by Article 23, Title 17 of the Environmental Conservation Law. LNG facilities are those that either store LNG in a tank system or convert LNG into natural gas through vaporization. Part 570 also addresses the transportation of LNG including the statutory requirement that intrastate transportation occur only along approved routes. The Notice of Adoption was filed with the New York State Department of State on January 27, 2015; Part 570 is effective February 26, 2015.
Public Comments Received
On September 11, 2013, DEC proposed the addition of Part 570 to Title 6 of the New York Codes, Rules, and Regulations (NYCRR) and solicited public comment. Three public information meetings and one public hearing were held for the initial proposed rulemaking; the comment period ended 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. In response to comments received, DEC made a substantial revision to 6 NYCRR Part 570 and a Notice of Revised Rule Making was published in the State Register on November 12, 2014. DEC established an additional public comment period which ended December 12, 2014. The substantial revision establishes an upper limit of 70,000 gallons on the amount of LNG that a facility is permitted to store. This is 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, DEC may reconsider the capacity limit in subsequent revisions to Part 570. DEC also made several minor changes to Part 570 that reflect public comments.
Regulations and Supporting Documents
- Revised Summary of Express Terms - 6 NYCRR Part 570
- 6 NYCRR Part 570 (Full Text) - Liquefied Natural Gas (Link to WestlawNext)
- Summary of Assessment of Public Comment (October 30, 2014) - 6 NYCRR Part 570 - Summary of DEC's responses to comments received on the proposed rulemaking published September 11, 2013.
- Assessment of Public Comment (October 30, 2014) - 6 NYCRR Part 570 (PDF) (340 KB) - DEC's responses to comments received on the proposed rulemaking published September 11, 2013.
- Assessment of Public Comment (January 27, 2015) - 6 NYCRR Part 570 (PDF) (38 KB) - DEC responses to comments received on revised proposed rulemaking published November 12, 2014.
- 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.
LNG Facility Program, Permit Application, and Instructions
DEC has prepared guidance about the LNG Facility Program and how to apply for a permit to construct and operate an LNG facility, see:
- Liquefied Natural Gas (LNG) Program - Included are instructions to schedule a pre-application meeting, prepare a permit application; and other application requirements.
Prospective applicants should not submit a Part 570 permit application before reviewing this guidance.
National Fire Protection Association (NFPA) Standards
- Two NFPA Standards are referenced in 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)
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 6 NYCRR Part 570 - Regulation of Liquefied Natural Gas Facilities:
- Summary of Assessment of Public Comment (10/30/2014) - 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.
- 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.
