N.Y. Comp. Codes R. & Regs. tit. 6 § 597.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 597.4 - Spills and releases of hazardous substances

(a) 'Prohibition of releases'. The spilling of a hazardous substance is prohibited unless:

(1) such spill is authorized;

(2) such spill is continuous and stable in quantity and rate and has been reported pursuant to paragraph 597.4(b)(4); or

(3) such spill is of fire-fighting foam containing Perfluorooctanoic Acid (CAS No. 335-67-1), Ammonium Perfluorooctanoate (CAS No. 3825-26-1), Perfluorooctane Sulfonic Acid (CAS No. 1763-23-1), or Perfluorooctane Sulfonate (CAS No. 2795-39-3) used for fighting fires (but not for training purposes) and occurs on or before April 25, 2017. In the event there is a spill of such foam that exceeds the reportable quantity of any hazardous substance, the spill must be reported pursuant to subdivision (b) of this section.

(b) 'Reporting of spills'.

(1) With the exception of spills described in paragraph (3) of this subdivision, the following spills of a hazardous substance, that is covered under clauses 597.1(b)(7)(i)('a') or ('b') of this Part, must be reported to the department's Spill Hotline (800-457-7362) within two hours after discovery by any person in actual or constructive control or possession of the hazardous substance when it is spilled, or any employee, agent, or representative of such person who has knowledge of the spill:

(i) the spill of a reportable quantity that occurs within any twenty-four-hour period;

(ii) the spill of a quantity that is less than a reportable quantity if any of the following conditions exist:

('a') such spill results, or may reasonably be expected to result, in a fire;

('b') such spill results, or may reasonably be expected to result, in an explosion;

('c') such spill results, or may reasonably be expected to result, in the violation of air quality standards;

('d') such spill results, or may reasonably be expected to result, in vapors, dust and/or gases that may cause illness or injury to persons, not including persons in a building where a release originates; or

('e') runoff from fire control or dilution waters may reasonably be expected to result in or contribute to a violation of water quality standards.

(2) A spill of a hazardous substance mixture is subject to the following reporting requirements:

(i) If the quantity of the hazardous constituents of the hazardous substance mixture is known, notification is required where a reportable quantity or more of any hazardous constituent is released.

(ii) If the quantity of the hazardous constituent(s) of the hazardous substance mixture is unknown, reporting is required where the total amount of the mixture released equals or exceeds the reportable quantity for the hazardous constituent with the lowest reportable quantity.

(3) Notwithstanding the provisions of paragraph (1) of this subdivision, it is not necessary to report a spill of a reportable quantity of a hazardous substance if all of the following conditions are met:

(i) there is control over the spill and it is completely contained;

(ii) the spill has not and will not reach the land or waters of the State;

(iii) the spill is cleaned up within two hours after discovery;

(iv) the total volume of the spill is recovered or accounted for; and

(v) the spill will not result in any of the conditions listed in subparagraph (b)(1)(ii) of this subdivision.

(4) It is not necessary to report the release of a hazardous substance that is continuous and stable in quantity and rate, provided that the person responsible for reporting the release submits to the department a duplicate of the written notification made to the United States Environmental Protection Agency pursuant to 40 CFR section 302.8. This submission must be made at the same time as the notification is submitted to the United States Environmental Protection Agency.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 597.4

Adopted, New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 10/11/2015

Amended New York State Register February 22, 2017/Volume XXXIX, Issue 08, eff. 3/2/2017

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