N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-4.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 598-4.1 - Containers

(a) Applicability. This Subpart applies to containers used to store 1,000 kilograms (2,200 lbs.) or more of a hazardous substance at a facility for a period of 90 consecutive days or more.

(b) Container storage areas.

(1) Except as described in paragraph (2) of this subdivision, containers must meet the following requirements:

(i) incompatible substances stored in containers must not be stored in close proximity to each other. At minimum, they must be separated by 30 feet; a fire wall with a fire resistant rating of not less than two hours; separate independent dikes; or other equivalent system which prevents inadvertent mixing and reduces the likelihood of an accident, release, or spill;

(ii) an enclosure such as a warehouse or storm shelter must be provided for those containers which contain materials which could react with water to generate heat, cause pressure build-up in the container, or cause a fire, explosion or other adverse reaction. The enclosure must protect the containers from exposure to water, be designed to withstand storms, and be anchored into the ground;

(iii) containers must be located in an area which has an impervious floor and a perimeter curb or ramp of sufficient height to contain 110 percent of the contents of the largest container or the total volume which can be spilled from interconnected containers within the containment area, whichever is greater. The floor must be designed and constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec or less;

(iv) containers must be designed and manufactured in accordance with a consensus code, standard or practice developed by a nationally recognized association or independent testing laboratory and be suitable for the substance stored and the conditions of storage. This provision does not apply to containers which are marked, certified, or sold as qualified for use in the transportation of hazardous substances and which meet applicable Federal requirements;

(v) containers must be stored in a stable position and in accordance with the manufacturer's instructions. If containers are stacked, they must be stacked on a stable platform; and

(vi) hazardous substances which are water soluble solids at ambient temperature must be stored in containers which prevent entry of water or stored in an area that is protected against the entry of water, such as a building or similar enclosure. The container, including the floor, must be designed and constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec or less.

(2) Containers which are being transported or which are located at a staging area for a period of less than five days, and railcars and truck trailers at the site for 180 days or less are exempt from the storage requirements of paragraph (1) of this subdivision.

(c) Transfer station secondary containment. Transfer of hazardous substances must take place within a transfer station equipped with a permanently installed secondary containment system. This containment system must:

(1) be capable of containing leaks and spills likely to occur during the transfer, including leaks or spills from connections, couplings, vents, pumps, valves, hose failure, or overturning of a container. Open-ended fill pipes must be located within the secondary containment system;

(2) be designed and constructed with a permeability rate to the substance(s) transferred of less than 1 x 10-6 cm/sec. Properly designed concrete which has water stops on all seams and is compatible with the substance(s) stored or other equivalent or superior material satisfies this requirement;

(3) be designed, installed, and operated to prevent any migration of hazardous substances out of the system before cleanup. The system is not required to be designed to contain the gaseous component of a spill;

(4) be constructed, coated, or lined with materials that are compatible with the substances to be transferred and the environment. The system must have sufficient strength and thickness to withstand wear, hydrostatic forces, frost heaving and weathering. The system must support any vehicle brought into the transfer station, and must have a foundation which prevents failure due to settlement, compression, or uplift;

(5) be equipped with a sump and a manually controlled pump or siphon, manually controlled dike valve, or any other manually controlled drainage system to permit the drainage of liquids resulting from leaks, spills, and precipitation. Control of the pump, siphon or valve must be possible from outside of the diked area. All drainage systems must be locked in a closed position when a transfer of a hazardous substance is in progress. Spilled or leaked substances must be removed from the containment system within 24 hours; and

(6) contain the volume of any leak or spill likely to occur at the transfer station. If the stored substance is a liquid at storage conditions and a gas at ambient conditions, then secondary containment must be provided to contain the liquid component of any spill until the phase change from liquid to gas occurs or the spill is cleaned-up, whichever comes first.

(7) Stormwater must be pumped from slop tanks and catch tanks to allow for the containment of the volume required by paragraph (6) of this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-4.1

Adopted New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 10/17/2023