N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.9

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

Section 373-2.9 - Use and management of containers

(a)Applicability.

The regulations in this section apply to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as section 373-2.1(a) of this Subpart provides otherwise.

Note:

Under sections 371.1(h) and 371.4(d)(3) of this Title, if a hazardous waste is emptied from a container, the residue remaining in the container is not considered hazardous waste if the container is "empty" as defined in section 371.1(h). In that event, management of the container is exempt from the requirements of this section.

(b)Condition of containers.

If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition, or manage the waste in some other way that complies with the requirements of this Subpart.

(c)Compatibility of waste with containers.

The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.

(d)Management of containers.

(1) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

(2) A container holding hazardous waste must not be opened, handled or stored in a manner which may rupture the container or cause it to leak.

(3) Containers holding hazardous waste must be marked with the words "Hazardous Waste" and with other words identifying their contents.

Note:

The use of containers in transportation is governed by U.S. Department of Transportation regulations, including those set forth in 49 CFR 173.28 (see 6 NYCRR 370.1[e]).

(e)Inspections.

At least weekly, the owner or operator must inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.

Note:

See section 373-2.2(g)(3) of this Subpart and subdivision (b) of this section for remedial action required if deterioration or leaks are detected.

(f)Containment.

(1) Container storage areas, other than those described in paragraph (2) of this subdivision, must have a containment system that is designed and operated as follows:

(i) A base must underlie the containers, which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed.

(ii) The base must be sloped or the containment system must be otherwise designed and operated to drain and remove liquid resulting from leaks, spills or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids.

(iii) The containment system must have sufficient capacity to contain 10 percent of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination.

(iv) Run-on into the containment system must be prevented unless the collection system has sufficient excess capacity in addition to that required in subparagraph (iii) of this paragraph to contain any run-on which might enter the system.

(v) Spilled or leaked waste and accumulated precipitation must be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system.

Note:

If the collected material is a hazardous waste under Part 371 of this Title, it must be managed as a hazardous waste in accordance with all applicable requirements of Parts 372 and 373. If the collected material is discharged through a point source to waters of New York State, it is subject to the requirements of title 17 of article 17 of the ECL.

(2) Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by paragraph (1) of this subdivision, except as provided by paragraph (3) of this subdivision or provided that:

(i) the storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation; or

(ii) the containers are elevated or are otherwise protected from contact with accumulated liquid.

(3) Storage areas that store containers holding the wastes listed in this paragraph that do not contain free liquids must have a containment system defined by paragraph (1) of this subdivision: F020, F021, F022, F023, F026 and F027.

(g)Special requirements for ignitable or reactive waste.

Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line.

Note:

See section 373-2.2(i)(1) of this Subpart for additional requirements.

(h)Special requirements for incompatible wastes.

(1) Incompatible wastes, or incompatible wastes and materials (see Appendix 29, infra, for examples), must not be placed in the same container, unless section 373-2.2(i)(2) of this Subpart is complied with.

(2) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material.

Note:

As required by section 373-2.2(e) of this Subpart, the waste analysis plan must include analyses needed to comply with this subdivision. Also, section 373-2.2(i)(3) of this Subpart requires waste analyses, trial tests or other documentation to assure compliance with paragraph (i)(2) of such section. As required by section 373-2.5(c) of this Subpart, the owner or operator must place the results of each waste analysis and trial test, and any documented information, in the operating record of the facility.

(3) A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks or surface impoundments must be separated from other materials or protected from them by means of a dike, berm, wall or other device.

Comment: The purpose of this section is to prevent fires, explosions, gaseous emission, leaching or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.

(i)Closure.

At closure, all hazardous waste and hazardous waste residues must be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed.

Note:

At closure, as throughout the operation period, unless the owner or operator can demonstrate, in accordance with 6 NYCRR 371.1(d)(4), that the solid waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of Parts 372 and 373 of this Title.

(j)Air emission standards. The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of sections 373-2.27, 373-2.28 and 373-2.29 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.9

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020