S T A T E O F N E W Y O R K
________________________________________________________________________
9083
I N S E N A T E
November 6, 2020
___________
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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:
Section 1. The environmental conservation law is amended by adding a
new section 17-1016 to read as follows:
§ 17-1016. REDUCTION OF AIR POLLUTION FROM PETROLEUM BULK STORAGE FACIL-
ITIES.
1. STATEMENT OF FINDINGS. A. ABOVE-GROUND STORAGE TANKS CONTAINING
PETROLEUM AND PETROLEUM-CONTAINING PRODUCTS ARE A MAJOR SOURCE OF AIR
POLLUTANTS, INCLUDING VOLATILE ORGANIC COMPOUNDS SUCH AS BENZENE,
TOLUENE, ETHYLBENZENE, XYLENE AND FORMALDEHYDE.
B. VOLATILE ORGANIC COMPOUNDS CAUSE A VARIETY OF ADVERSE HUMAN HEALTH
EFFECTS, INCLUDING EYE, NOSE AND THROAT IRRITATION; SHORTNESS OF BREATH;
HEADACHES; FATIGUE; NAUSEA; DIZZINESS; SKIN PROBLEMS; LUNG IRRITATION;
DAMAGE TO THE LIVER, KIDNEY AND CENTRAL NERVOUS SYSTEM; AND CANCER.
C. STUDIES HAVE SHOWN THAT THE COLOR OF AN ABOVE-GROUND STORAGE TANK
SIGNIFICANTLY AFFECTS THE AMOUNT OF AIR POLLUTANTS EMITTED FROM THE
TANK. STORAGE TANKS PAINTED DARKER COLORS HAVE BEEN SHOWN TO EMIT TWO TO
THREE TIMES AS MUCH AIR POLLUTION DURING WARM WEATHER THAN TANKS PAINTED
LIGHTER COLORS.
D. REQUIRING ABOVE-GROUND STORAGE TANKS TO BE PAINTED LIGHTER COLORS
WILL HAVE SIGNIFICANT AIR QUALITY AND PUBLIC HEALTH BENEFITS, PARTIC-
ULARLY IN ENVIRONMENTAL JUSTICE COMMUNITIES THAT ALREADY BEAR A
DISPROPORTIONATE POLLUTION BURDEN.
2. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE TERMS BELOW SHALL
HAVE THE FOLLOWING MEANING:
A. "SHELL COLOR" SHALL MEAN THE COLOR AND SHADE COMBINATION OF THE
PAINT ON THE SIDES OR SHELL OF A TANK.
B. "ROOF COLOR" SHALL MEAN THE COLOR AND SHADE COMBINATION OF THE
PAINT ON THE ROOF OF A TANK.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17523-02-0
S. 9083 2
C. "TANK" SHALL HAVE THE MEANING SET FORTH IN SECTION 17-1003 OF THIS
TITLE EXCEPT THAT FOR PURPOSES OF THIS SECTION "TANK" MEANS AN ABOVE-
GROUND TANK AND DOES NOT INCLUDE ASSOCIATED PIPES, LINES, FIXTURES OR
OTHER ANCILLARY EQUIPMENT.
3. TANK COLORING. A. NO PERSON SHALL OWN OR OPERATE A FACILITY
CONTAINING A TANK THAT DOES NOT MEET THE COLOR REQUIREMENTS OF THIS
SUBDIVISION. SUCH COLOR REQUIREMENTS SHALL APPLY TO EVERY TANK AT A
FACILITY REGARDLESS OF WHETHER THE TANK IS IN ACTIVE USE FOR STORAGE.
B. A TANK SHALL HAVE A SHELL COLOR AND ROOF COLOR OF EITHER WHITE OR
BEIGE/CREAM.
§ 2. This act shall take effect January 1, 2022.