N.Y. ENV Law § 17-1015

§ 17-1015. State petroleum bulk storage standards.\n 1. The department shall, pursuant to section 17-0303 of this article,\npromulgate rules and regulations establishing standards for existing and\nnew petroleum bulk storage facilities which shall include, but not be\nlimited to, design, equipment requirements, construction, installation\nand maintenance. In proposing, preparing and compiling such rules and\nregulations, the department shall include consideration of the future\nphysical climate risk due to sea level rise, and/or storm surges and/or\nflooding, based on available data predicting the likelihood of future\nextreme weather events, including hazard risk analysis data if\napplicable. The department shall consult with the state petroleum bulk\nstorage code advisory council in proposing, preparing and compiling such\nrules and regulations. In addition, the department shall consult with\nthe state fire prevention and building code council to assure that such\nrules and regulations are consistent with the uniform fire prevention\nand building code.\n 2. The department shall establish rules and regulations allowing\nvariances from such standards provided that it can be demonstrated to\nthe department that an alternate design, practice or method of storage\nprovides environmental protection equal to or greater than the\nrequirements of such standard.\n 3. The department shall promulgate rules and regulations establishing\ntraining requirements for operators of petroleum bulk storage\nfacilities. The department shall specify training requirements for:\n a. persons having primary responsibility for on-site operation and\nmaintenance of storage tank systems;\n b. persons having daily on-site responsibility for the operation and\nmaintenance of storage tank systems; and\n c. daily, on-site employees having primary responsibility for\naddressing emergencies presented by a spill or release from a storage\ntank system.\n