NY State Senate Bill 2023-S7565B

Current Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2024	advanced to third reading
Apr 17, 2024	2nd report cal.
Apr 16, 2024	1st report cal.817
Apr 01, 2024	print number 7565b
Apr 01, 2024	amend and recommit to environmental conservation
Jan 03, 2024	referred to environmental conservation
Jun 07, 2023	print number 7565a
Jun 07, 2023	amend and recommit to rules
Jun 06, 2023	referred to rules

Votes

- Apr 16, 2024 - Environmental Conservation Committee Vote
  S7565B
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Apr 16, 2024
      
      aye (11)
      
      Canzoneri-Fitzpatrick
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      Stec

Bill Amendments

Original

B (Active)

2023-S7565 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §17-1016, En Con L

2023-S7565 - Summary

Expands the options for shell color and roof color of petroleum bulk storage tanks to either white or beige/cream or which limits volatile emissions to the same or to a greater extent as a shell color and roof color of white or beige/cream as determined by the department of environmental conservation.

2023-S7565 - Sponsor Memo

2023-S7565 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7565
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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
   reduction of air pollution 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. Section 17-1016 of the environmental conservation  law,  as
 added by chapter 505 of the laws of 2021, is amended 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]  ANY COATING on the sides or shell of a tank, WHICH REDUCES VOLA-
 TILE EMISSIONS.
   b. "Roof color" shall mean [the color and  shade  combination  of  the
 paint]  ANY  COATING on the roof of a tank, WHICH REDUCES VOLATILE EMIS-
 SIONS.
   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, UNLESS THE DEPARTMENT DETERMINES THE TANK TO  BE  OTHERWISE
 SUFFICIENTLY  PROTECTED  AGAINST  VOLATILIZATION  IN  A  MANNER  NO LESS
 PROTECTIVE THAN SUBDIVISION TWO OF THIS SECTION, 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,  OR  WHICH  LIMITS  VOLATILE  EMISSIONS TO THE SAME OR TO A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11750-03-3
 S. 7565                             2

 
 GREATER EXTENT AS A SHELL COLOR AND ROOF COLOR OF WHITE OR  BEIGE/CREAM,
 AS DETERMINED BY THE DEPARTMENT.
   §  2.  This  act  shall take effect January 1, 2025, provided however,
 that if chapter 505 of the laws of 2021 shall not have taken  effect  on
 or  before  such  date then section one of this act shall take effect on
 the same date and in the same manner as such  chapter  of  the  laws  of
 2021, takes effect.

2023-S7565A - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §17-1016, En Con L

2023-S7565A - Summary

2023-S7565A - Sponsor Memo

                                 
BILL NUMBER: S7565A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
reduction of air pollution from petroleum bulk storage facilities

 
PURPOSE:

Relates to the reduction of air pollution from petroleum bulk storage
facilities.

 
SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law to establish the
definitions of shell color, roof color, and tank in relation to petrole-
um bulk storage facilities. A tank must have shell and roof colors that
limit volatile emissions.

Section 2 states 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), includ-
ing benzene, a known human carcinogen, (2) through evaporation loss.
Evaporation 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)

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)

In 2022, Chapter 505 New York State required all above-ground petroleum
storage tanks be painted white or beige to minimize sunlight absorption
and, ultimately, the emission of hazardous air pollutants.

This legislation allows room for other light colors that limit volatile
emissions in the same levels of white or beige.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2024, provided however, that if
chapter 505 of the laws of 2021 shall not have taken effect on or before
such date then section one of this act shall take effect on the same
date and in the same manner as such chapter of the laws of 2021, takes
effect.
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.

2023-S7565A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7565--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   reduction of air pollution 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.  Section 17-1016 of the environmental conservation law, as
 added by chapter 505 of the laws of 2021, is amended 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] ANY COATING on the sides or shell of a tank, WHICH REDUCES  VOLA-
 TILE EMISSIONS.
   b.  "Roof  color"  shall  mean [the color and shade combination of the
 paint] ANY COATING on the roof of a tank, WHICH REDUCES  VOLATILE  EMIS-
 SIONS.
   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,  UNLESS THE DEPARTMENT DETERMINES THE TANK TO BE OTHERWISE
 SUFFICIENTLY PROTECTED  AGAINST  VOLATILIZATION  IN  A  MANNER  NO  LESS
 PROTECTIVE  THAN  SUBDIVISION  TWO OF THIS SECTION, 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11750-06-3
 S. 7565--A                          2

 
   b.  A  tank shall have a shell color and roof color of either white or
 beige/cream, OR WHICH LIMITS VOLATILE EMISSIONS TO  THE  SAME  OR  TO  A
 GREATER  EXTENT AS A SHELL COLOR AND ROOF COLOR OF WHITE OR BEIGE/CREAM,
 AS DETERMINED BY THE DEPARTMENT.
   §  2.  This  act  shall take effect January 1, 2024, provided however,
 that if chapter 505 of the laws of 2021 shall not have taken  effect  on
 or  before  such  date then section one of this act shall take effect on
 the same date and in the same manner as such  chapter  of  the  laws  of
 2021, takes effect.

2023-S7565B (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §17-1016, En Con L

2023-S7565B (ACTIVE) - Summary

2023-S7565B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7565B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
reduction of air pollution from petroleum bulk storage facilities

 
PURPOSE:

Relates to the reduction of air pollution from petroleum bulk storage
facilities.

 
SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law to establish the
definitions of shell color, roof color, and tank in relation to petrole-
um bulk storage facilities. A tank must have shell and roof colors that
limit volatile emissions.

Section 2 states 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), includ-
ing benzene, a known human carcinogen, (2) through evaporation loss.
Evaporation 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)

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)

In 2022, Chapter 505 New York State required all above-ground petroleum
storage tanks be painted white or beige to minimize sunlight absorption
and, ultimately, the emission of hazardous air pollutants.

This legislation allows room for other light colors that limit volatile
emissions in the same levels of white or beige.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.
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.

2023-S7565B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7565--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted to the Committee on Environmental
   Conservation in accordance with Senate Rule 6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   reduction of air pollution 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.  Section 17-1016 of the environmental conservation law, as
 added by chapter 505 of the laws of 2021, is amended to read as follows:
 § 17-1016. Reduction of air pollution from petroleum bulk storage facil-
                ities.
   1. DEFINITIONS. For purposes of this section, the  terms  below  shall
 have the following [meaning] MEANINGS:
   a.  "Shell  color"  shall mean [the color and shade combination of the
 paint] ANY COATING on the sides or shell of a tank, WHICH REDUCES  VOLA-
 TILE EMISSIONS.
   b.  "Roof  color"  shall  mean [the color and shade combination of the
 paint] ANY COATING on the roof of a tank, WHICH REDUCES  VOLATILE  EMIS-
 SIONS.
   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,  UNLESS THE DEPARTMENT DETERMINES THE TANK TO BE OTHERWISE
 SUFFICIENTLY PROTECTED  AGAINST  VOLATILIZATION  IN  A  MANNER  NO  LESS
 PROTECTIVE  THAN  SUBDIVISION  TWO OF THIS SECTION, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11750-07-4

 S. 7565--B                          2
 
 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, OR WHICH LIMITS VOLATILE EMISSIONS TO  THE  SAME  OR  TO  A
 GREATER  EXTENT AS A SHELL COLOR AND ROOF COLOR OF WHITE OR BEIGE/CREAM,
 AS DETERMINED BY THE DEPARTMENT.
   § 2. This act shall take effect immediately.

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Senate Bill S7565B

Sponsored By

Current Bill Status - On Floor Calendar

Apr 16, 2024 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Apr 16, 2024

Bill Amendments

2023-S7565 - Details

2023-S7565 - Summary

2023-S7565 - Sponsor Memo

2023-S7565 - Bill Text download pdf

2023-S7565A - Details

2023-S7565A - Summary

2023-S7565A - Sponsor Memo

2023-S7565A - Bill Text download pdf

2023-S7565B (ACTIVE) - Details

2023-S7565B (ACTIVE) - Summary

2023-S7565B (ACTIVE) - Sponsor Memo

2023-S7565B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7565B

Share this bill

Sponsored By

Pete Harckham

Current Bill Status - On Floor Calendar

Bill Amendments

2023-S7565 - Details

2023-S7565 - Summary

2023-S7565 - Sponsor Memo

2023-S7565 - Bill Text download pdf

2023-S7565A - Details

2023-S7565A - Summary

2023-S7565A - Sponsor Memo

2023-S7565A - Bill Text download pdf

2023-S7565B (ACTIVE) - Details

2023-S7565B (ACTIVE) - Summary

2023-S7565B (ACTIVE) - Sponsor Memo

2023-S7565B (ACTIVE) - Bill Text download pdf

Comments