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: A7818A
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:
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 (I), 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 3. 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 T1-3 Petroleum Committee, supra note I at 260.
5 Farzaneh-Gord, Nabati, Saadat-Targhi, Rasekh & Niazmand, Selecting
best painting colour for crude oil storage tanks' exterior surface, 23
INT'L I. 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 INTL 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.
STATE OF NEW YORK
________________________________________________________________________
7818--A
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 -- recommitted to the Committee on
Environmental Conservation in accordance with Assembly Rule 3, sec. 2
-- 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:
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. Definitions. For purposes of this section, the terms below shall
6 have the following [meaning] meanings:
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11750-08-4
A. 7818--A 2
1 b. A tank shall have a shell color and roof color of either white or
2 beige/cream, or which limits volatile emissions to the same or to a
3 greater extent as a shell color and roof color of white or beige/cream,
4 as determined by the department.
5 § 2. This act shall take effect immediately.
