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This entry was published on 2015-03-27
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SECTION 17-1015
State petroleum bulk storage standards
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 17, TITLE 10
§ 17-1015. State petroleum bulk storage standards.

1. The department shall, pursuant to section 17-0303 of this article,
promulgate rules and regulations establishing standards for existing and
new petroleum bulk storage facilities which shall include, but not be
limited to, design, equipment requirements, construction, installation
and maintenance. In proposing, preparing and compiling such rules and
regulations, the department shall include consideration of the future
physical climate risk due to sea level rise, and/or storm surges and/or
flooding, based on available data predicting the likelihood of future
extreme weather events, including hazard risk analysis data if
applicable. The department shall consult with the state petroleum bulk
storage code advisory council in proposing, preparing and compiling such
rules and regulations. In addition, the department shall consult with
the state fire prevention and building code council to assure that such
rules and regulations are consistent with the uniform fire prevention
and building code.

2. The department shall establish rules and regulations allowing
variances from such standards provided that it can be demonstrated to
the department that an alternate design, practice or method of storage
provides environmental protection equal to or greater than the
requirements of such standard.

3. The department shall promulgate rules and regulations establishing
training requirements for operators of petroleum bulk storage
facilities. The department shall specify training requirements for:

a. persons having primary responsibility for on-site operation and
maintenance of storage tank systems;

b. persons having daily on-site responsibility for the operation and
maintenance of storage tank systems; and

c. daily, on-site employees having primary responsibility for
addressing emergencies presented by a spill or release from a storage
tank system.