N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.10

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

Section 598-1.10 - Sale of hazardous substances

(a) Requirements for distribution.

(1) The manufacturer or distributor of a hazardous substance must provide the owner or operator of a tank system or container who purchases such substance with technical guidance and recommended practices for the storage and handling of such substance. Guidance and recommended practices shall be kept on file by the owner or operator at the facility where the tank system is located.

(2) The manufacturer or distributor of a hazardous substance shall ensure that the owner or operator of a tank system or container who purchases such substance receives technical guidance and recommended practices for storage and handling with the initial shipment and with the first shipment after the technical guidance and recommended practices for storage and handling has been updated or revised. Recommended practices and technical guidance shall also be provided when a new hazardous substance is shipped to a facility.

(3) Sales of hazardous substances which do not satisfy the requirements of this section are prohibited.

(b) Contents of technical guidance and recommended practices. Technical guidance and recommended practices for the proper handling and storage of a hazardous substance do not need to be a facility-specific engineering design nor are they intended to be a facility-specific engineering assessment of the need for proper storage and handling. However, they must identify or reference industry standards and include recommended practices, procedures, precautions and advice. Technical guidance and recommended practices must consist of the following minimum information relating to the substance to be stored:

(1) chemical abstract service number, chemical name, common name, hazardous substance components, physical and chemical characteristics (such as vapor pressure and flash point) and toxic and hazardous properties of the substance including the potential for fire, explosion and reactivity;

(2) compatibility of substance with respect to materials which may be used to construct a tank system, recommended materials which may be used for construction, prohibited materials for construction, and standards for tank system design;

(3) conditions for the safe and proper storage of the substance, including temperatures, pressures, relative humidity and light conditions for storage;

(4) recommended storage equipment, which could include tanks, pumps, gauges, piping, valves, gasket materials, overfill alarms, rupture discs, vents, automatic shut-off devices, monitors, transfer stations, labeling or color coding, leak detectors, secondary containment, curbs, liners, hoses, cathodic protection systems and safety equipment;

(5) recommended inspection and maintenance procedures and intervals of time recommended for internal inspection of tanks and testing of equipment;

(6) safety precautions, warnings and procedures for handling and unloading bulk deliveries; and

(7) spill and emergency response procedures.

(c) Filing requirements. The manufacturer or distributor of a hazardous substance must file an up-to-date copy of its technical guidance and recommended practices with the department. The copy should be sent to the NYS Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Any subsequent revisions or additions to the guidance and recommended practices must be filed with the department at the time of such revision or addition.

(d) Prohibition on delivery to unregistered tank systems. No person may deliver hazardous substances to a tank system at a facility that has not been properly registered pursuant to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.10

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