How To Apply For An LNG Facility Permit
If you are not sure if you need a permit to store Liquefied Natural Gas (LNG) or convert it back to a gas, you should review the information on the LNG Program webpageThat page provides the definition of an "LNG facility" and the exemptions from needing a permit.
If you do need a permit to construct and/or operate an LNG facility under 6 NYCRR Part 570, the process includes the following overall steps:
- Permit Process Steps
- Pre-Application Meeting
- Evaluation of Local Fire Response Capabilities
- Statement of Compliance
- Submittal of Applications
Permit Process Steps
- Request a pre-application meeting with DEC;
- Collect the other information needed for a Part 570 LNG Facility permit application including the following report and plans (see the application instructions that come with the application form);
- the "Evaluation of Local Fire Response Capabilities" report prepared by a "Qualified Independent Person";
- the facility emergency response plan;
- the facility and local responders training plan; and
- the Statement of Compliance.
- Submit the application to DEC.
Permit Application Form
Pre-Application Meeting
Before you begin the process of preparing a Part 570 permit application, you should participate in a pre-application meeting with DEC. These meetings are held in DEC's Central Office in Albany and can be arranged by emailing a meeting request to [email protected] (include "Part 570 LNG Permit Pre-Application Meeting" in the subject line).
The agenda of a typical pre-application meeting is as follows:
- Introductions;
- Overview of Proposed LNG Facility (by applicant - facility type, facility description (tanks, conversion units, piping, containment, transfer areas, containment, security), location, alternative location, need, surrounding properties review, source of LNG, transportation issues, local emergency response capabilities, other needed local/state/federal approvals, zoning, schedule);
- Review of Permitting Issues (by DEC - SEQR/EAF/EIS issues, liability insurance, fees, etc.);
- Review of NFPA Standard Requirements (NFPA 59A/52);
- Preparation and Submittal of Supporting Reports and Plans (evaluation of local emergency response capabilities, emergency response plans, training plans, statement of compliance); and
- Submittal of Application.
Evaluation of Local Fire Response Capabilities
To assist applicants with the preparation of an LNG facility permit application, the New York State Office of Fire Prevention and Control has prepared guidance that can be used to evaluate the capabilities of local fire departments that would respond to an incident at an LNG facility. Questions from an applicant regarding this guidance should be submitted to the DEC permit writer assigned to the application.
Statement of Compliance
LNG facility permit applicants must submit to DEC a "Statement of Compliance" (SOC, §570.2(b)(9)). The purpose of the SOC (as defined in §570.1(c)(21)) is to:
- document how the proposed facility itself (tanks, piping, equipment, appurtenances) would be in compliance with all applicable design, location, safety, emergency response, and security requirements; and
- document how the facility operator will operate the facility so that it meets all applicable requirements for handling LNG, maintaining the facility, inspecting the facility, and responding to any emergencies.
To meet the first requirement, applicants should identify in the SOC each of the local, state, and federal requirements that apply to the facility and explain how the design of the facility meets the requirements. To meet the second requirement, the applicant must list all of the applicable operating requirements for the facility and explain how they will be met.
Submittal of Applications
Completed applications should be submitted to:
Chief Permit Administrator
NYSDEC
Division of Environmental Permits
625 Broadway
Albany, New York 12233-1750
One hard copy of the complete application should be submitted along with an electronic copy (PDF format).
Additional information regarding DEC's policies and procedures regarding the issuance of environmental permits, see:
- Getting an Environmental Permit - The framework for processing environmental protection permits under the Uniform Procedures Regulation.
Related Documents
- National Fire Protection Association (NFPA) Standards - Two NFPA Standards are referenced in revised proposed 6 NYCRR Part 570: NFPA 59A - Standard for the Production, Storage, and Handling of LNG; and NFPA 52 - Vehicular Gaseous Fuel Systems Code (see "Links Leaving DEC's Website" on the right of this page.)
- Guidance for preparing the "Evaluation of Local Emergency Response Capabilities" report (prepared by the NYS Office of Fire Prevention and Control)
