NY State Senate Bill S841A

Current Bill Status - Delivered to Governor

Introduced
In Committee
On Floor Calendar
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- Passed Assembly
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Actions

view actions (19)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 13, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.714 substituted for a6177a
Jun 01, 2021	referred to environmental conservation returned to assembly repassed senate
May 25, 2021	amended on third reading 841a
May 25, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 03, 2021	referred to environmental conservation delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.332
Jan 06, 2021	referred to environmental conservation

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S841 - Details

See Assembly Version of this Bill:: A6177
Law Section:: Environmental Conservation Law
Laws Affected:: Add §17-1016, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S9083

S841 - Summary

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.

S841 - Sponsor Memo

 
BILL NUMBER: S841

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
reducing emissions of air pollutants from petroleum bulk storage facili-
ties

 
PURPOSE OR GENERAL IDEA OF BILL:

To reduce air pollution emitted by petroleum bulk storage facilities.

 
SUMMARY OF PROVISIONS:

Section 1 provides a statement of findings and definitions, and amends
the environmental conservation law by adding a new section 17-1016 to
require petroleum bulk storage facilities to paint their tanks white or
beige/cream.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Petroleum bulk storage facilities around New York State contribute
significantly to hazardous air pollution. Many of these facilities are
near residential communities, including a number of low income and
minority communities.

Petroleum bulk storage tanks emit hazardous air pollutants(1), including
benzene, a known human carcinogen,(2) through evaporation loss. Evapo-
ration loss occurs when molecules from a stored liquid form a vapor in
the space above the liquid and escape into the atmosphere.(3) The rate
of evaporation loss increases in the presence of two factors: heat and
vapor pressure.(4)

This bill serves to reduce heat in petroleum bulk storage tanks and will
reduce the evaporation loss of harmful pollutants.

The external paint color of a petroleum bulk storage tank significantly
affects the temperature of the tank's metal.(5) Dark-colored paints have
high absorptivity rates and cause metal tanks to retain heat from
sunlight whereas white, light-colored, and reflective paints with low
absorptivity rates reduce tank heating by minimizing sunlight absorp-
tion.(6) Studies have shown a nearly 300% decrease in evaporation losses
where tanks are painted with a minimally absorptive paint color.(7)

This bill will require all above-ground petroleum storage' tanks be
painted white or beige to minimize sunlight absorption and, ultimately,
the emission of hazardous air pollutants. This is a low-cost and
straightforward way to protect the health and safety of New Yorkers by
addressing a significant contributor to hazardous air pollutants.

 
PRIOR LEGISLATIVE HISTORY:

2020: 59083 - Died in Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
January 1st, 2023.
1 "Hazardous air pollutants" as used herein includes the chemicals list-
ed in the "Clean Air Act", 42 U.S.C.S. § 7412(b) (1).
2 Center for Disease Control and Prevention, "Facts about Benzene",
NATIONAL CENTER FOR ENVIRONMENTAL HEALTH, April 4, 2018.
3 TI-3 Petroleum Committee, Air Pollution Control Association, Control
of Atmospheric Emissions From Petroleum Storage Tanks, 21 J. AIR
POLLUTION CONTROL ASS'N 260, 260 (1971); see also Office of the Federal
Register, National Emission Standards for Hazardous Air Pollutants:
Miscellaneous Coating Manufacturing Residual Risk and Technology Review,
84 F.R. 46419, 46627 (2019).
4 TI-3 Petroleum Committee, supra note 1 at 260.
5 Farzaneh-Gord, Nabati, Saadat-Targhi, Rasekh & Niazmand, Selecting
best painting colour for crude oil storage tanks' exterior surface, 23
INT'L J. OIL, GAS & COAL TECH at Abstract (2020).
6 Tavakoli & Baktash, Numerical Analysis for Effect of Envelop Color of
Oil Tank Storage with Floating Roof, 2 INT'L J. MODERN ENG. RES.  3773,
3781 (2012). This study compared two paint colors: one with an absorp-
tivity rate of 0.9, the other with an absorptivity rate of 0.1.  id.;
see also Farzaneh-Gord, supra note 4.

S841 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    841
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02989-01-1

 S. 841                              2
 
   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.
   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, 2023.

Co-Sponsors

S841A (ACTIVE) - Details

See Assembly Version of this Bill:: A6177
Law Section:: Environmental Conservation Law
Laws Affected:: Add §17-1016, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S9083

S841A (ACTIVE) - Summary

S841A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S841A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
reducing emissions of air pollutants from petroleum bulk storage facili-
ties

 
PURPOSE OR GENERAL IDEA OF BILL:

To reduce air pollution emitted by petroleum bulk storage facilities.

 
SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law by adding a new
section 17-1016 to require petroleum bulk storage facilities to paint
their tanks white or beige/cream.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Petroleum bulk storage facilities around New York State contribute
significantly to hazardous air pollution. Many of these facilities are
near residential communities, including a number of low income and
minority communities.

Petroleum bulk storage tanks emit hazardous air pollutants(1), including
benzene, a known human caicinogen,(2) through evaporation loss. Evapo-
ration loss occurs when molecules from a stored liquid form a vapor in
the space above the liquid and escape into the atmosphere.(3) The rate
of evaporation loss increases in the presence of two factors: heat and
vapor pressure.(4)

This bill serves to reduce heat in petroleum bulk storage tanks and will
reduce the evaporation loss of harmful pollutants.  The external paint
color of a petroleum bulk storage tank significantly affects the temper-
ature of the tank's metal.(5) Dark-colored paints have high absorptivity
rates and cause metal tanks to retain heat from sunlight whereas white,
light-colored, and reflective paints with low absorptivity rates reduce
tank heating by minimizing sunlight absorption.(6) Studies have shown a
nearly 300% decrease in evaporation losses where tanks are painted with
a minimally absorptive paint color.(7) This bill will require all
above-ground petroleum storage tanks be painted white or beige to mini-
mize sunlight absorption and, ultimately, the emission of hazardous air
pollutants. This is a low-cost and straightforward way to protect the
health and safety of New Yorkers by addressing a significant contributor
to hazardous air pollutants.

 
PRIOR LEGISLATIVE HISTORY:

2020: S9083 - Died in Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
January 1st, 2024.
1 "Hazardous air pollutants" as used herein includes the chemicals list-
ed in the "Clean Air Act", 42 U.S.C.S. § 7412(b) (1).
2 Center for Disease Control and Prevention, "Facts about Benzene",
NATIONAL CENTER FOR ENVIRONMENTAL HEALTH, April 4, 2018.
3 TI-3 Petroleum Committee, Air Pollution Control Association, Control
of Atmospheric Emissions From Petroleum Storage Tanks, 21 J. AIR
POLLUTION CONTROL ASS'N 260, 260 (1971); see also Office of the Federal
Register, National Emission Standards for Hazardous Air Pollutants:
Miscellaneous Coating Manufacturing Residual Risk and Technology Review,
84 F.R. 46419, 46627 (2019).
4 TI-3 Petroleum Committee, supra note 1 at 260.
5 Farzaneh-Gord, Nabati, Saadat-Targhi, Rasekh & Niazmand, Selecting
best painting colour for crude oil storage tanks' exterior surface, 23
INT'L J. OIL, GAS & COAL TECH at Abstract (2020).
6 Tavakoli & Baktash, Numerical Analysis for Effect of Envelop Color of
Oil Tank Storage with Floating Roof, 2 INT'L J. MODERN ENG. RES.  3773,
3781 (2012). This study compared two paint colors: one with an absorp-
tivity rate of 0.9, the other with an absorptivity rate of 0.1.  id.;
see also FarzanehGord, supra note 4.

S841A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  841--A
     Cal. No. 332
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, HOYLMAN, PARKER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- reported favorably from said committee, ordered
   to first and second report, ordered to  a  third  reading,  passed  by
   Senate  and  delivered  to  the Assembly, recalled, vote reconsidered,
   restored to third reading, amended and  ordered  reprinted,  retaining
   its place in the order of third reading
 
 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.  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.
   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.
   2.  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, 2024.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02989-03-1

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The New York State Senate

senate Bill S841A

Sponsored By

Current Bill Status - Delivered to Governor

Your Voice

Actions

Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Feb 9, 2021 - Environmental Conservation committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

Co-Sponsors

S841 - Details

S841 - Summary

S841 - Sponsor Memo

S841 - Bill Text download pdf

Co-Sponsors

S841A (ACTIVE) - Details

S841A (ACTIVE) - Summary

S841A (ACTIVE) - Sponsor Memo

S841A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S841A

Share this bill

Sponsored By

Alessandra Biaggi

Current Bill Status - Delivered to Governor

Your Voice

Actions

Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Feb 9, 2021 - Environmental Conservation committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

Co-Sponsors

Brad Hoylman

Kevin S. Parker

S841 - Details

S841 - Summary

S841 - Sponsor Memo

S841 - Bill Text download pdf

Co-Sponsors

Brad Hoylman

Kevin S. Parker

S841A (ACTIVE) - Details

S841A (ACTIVE) - Summary

S841A (ACTIVE) - Sponsor Memo

S841A (ACTIVE) - Bill Text download pdf

Comments