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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7818
SPONSOR: Septimo
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
reduction of air pollution from petroleum bulk storage facilities
 
PURPOSE:
Modifies the tank coating requirements for the reduction of air
pollution from petroleum bulk storage facilities.
 
SUMMARY OF PROVISIONS:
Section 1 amends the environmental conservation law to modify the defi-
nitions of shell color, roof color, and tank in relation to petroleum
bulk storage facilities, and sets new requirements for 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.
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 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 adds to chapter 505 of 2021 additional methods which minimize
sunlight absorption by petroleum bulk storage tanks. Some lighter and
reflective colors have solar absorptance values of 0.42 or less (white,
beige, silver, light blue, etc.), minimizing sunlight absorption and,
ultimately, the emission of hazardous air pollutants. Insulated tanks
regulating temperature, and indoor tanks without exposure to light all
have far less evaporation loss of harmful pollutants.
This is a straightforward way to protect the health and safety of New
Yorkers by addressing a significant contributor of hazardous air pollu-
tants.
 
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.
STATE OF NEW YORK
________________________________________________________________________
7818
2023-2024 Regular Sessions
IN ASSEMBLY
June 15, 2023
___________
Introduced by M. of A. SEPTIMO -- read once and referred to the Commit-
tee on Environmental Conservation
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:
1 Section 1. Section 17-1016 of the environmental conservation law, as
2 added by chapter 505 of the laws of 2021, is amended to read as follows:
3 § 17-1016. Reduction of air pollution from petroleum bulk storage facil-
4 ities.
5 1. For purposes of this section, the terms below shall have the
6 following meaning:
7 a. "Shell color" shall mean [the color and shade combination of the
8 paint] any coating on the sides or shell of a tank, which reduces vola-
9 tile emissions.
10 b. "Roof color" shall mean [the color and shade combination of the
11 paint] any coating on the roof of a tank, which reduces volatile emis-
12 sions.
13 c. "Tank" shall have the meaning set forth in section 17-1003 of this
14 title except that for purposes of this section "tank" means an above-
15 ground tank, unless the department determines the tank to be otherwise
16 sufficiently protected against volatilization in a manner no less
17 protective than subdivision two of this section, and does not include
18 associated pipes, lines, fixtures or other ancillary equipment.
19 2. Tank coloring. a. No person shall own or operate a facility
20 containing a tank that does not meet the color requirements of this
21 subdivision. Such color requirements shall apply to every tank at a
22 facility regardless of whether the tank is in active use for storage.
23 b. A tank shall have a shell color and roof color of either white or
24 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.
LBD11750-05-3
A. 7818 2
1 greater extent as a shell color and roof color of white or beige/cream,
2 as determined by the department.
3 § 2. This act shall take effect January 1, 2024, provided however,
4 that if chapter 505 of the laws of 2021 shall not have taken effect on
5 or before such date then section one of this act shall take effect on
6 the same date and in the same manner as such chapter of the laws of
7 2021, takes effect.