N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.9

Current through Register Vol. 46, No. 51, December 18, 2024

Section 373-3.9 - 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 373-3.1 of this Subpart provides otherwise.

(b)Condition of containers.

If a container holding hazardous waste is not in good condition, 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 container.

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.

Comment:

Reuse 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]).

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

(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 caused by corrosion or other factors.

Note:

See subdivision (b) of this section for remedial action required if deterioration or leaks are detected.

(f)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 property line (see section 373-3.2[h][1] of this Subpart for additional requirements).

(g)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 373-3.2(h)(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 (see Appendix 29, infra, for examples), unless section 373-3.2(h)(2) of this Subpart is complied with.

(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 the other materials or protected from them by means of a dike, berm, wall or other device.

Note:

The purpose of this is to prevent fires, explosions, gaseous emissions, 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.

(h)Air emission standards.

The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of sections 373-3.27, 373-3.28 and 373-3.29 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.9

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