N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-4.2

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

Section 598-4.2 - General operating requirements

(a) Spill and overfill prevention

(1) Labelling requirements. Containers must be labeled to identify:

(i) the chemical name (or common name if the chemical name is not appropriate) of the substance stored;

(ii) the volume of the hazardous substance being stored; and

(iii) hazards associated with the storage of the hazardous substance in the container;

(2) Delivery to containers.

(i) Responsibility for transfers. The operator, when on the premises or when in control of a hazardous substance transfer, is responsible for transfer activities. If the operator is not on the premises and is not in control of a hazardous substance transfer, the carrier is responsible for transfer activities. The requirements of subparagraphs (ii) through (viii) of this paragraph apply to the person responsible for the transfer activities. The operator or carrier must employ practices for preventing transfer spills, overfills, and releases.

(ii) Immediately prior to the transfer, the operator/carrier must determine that the hazardous substance will be transferred to the proper container, that the receiving container has available capacity to receive the hazardous substance amount to be transferred, and that all container valving and flow control devices are in the appropriate position to accept delivery. All couplings and other connections must be inspected to ensure that they are leak free, undamaged, and fully functional. During and after the transfer, all couplings and other connections must be monitored for leaks.

(iii) Brakes must be set and wheels chocked on all rail cars before and during loading and unloading.

(iv) When a truck, rail car, or container is connected to a transfer line, caution signs must be in place to give warning to persons approaching from any potential direction. Signs must remain in place until operations are completed, all connections are removed, and outlets properly closed.

(v) During the entire transfer, and while the container is connected to the loading or unloading device, the operator/carrier must always supervise, monitor, and control the transfer to prevent overfilling and spilling. The operator/carrier must be trained in the proper transfer procedures and must take immediate action to stop the transfer of the hazardous substance when the working capacity is reached, or if an equipment failure or emergency occurs.

(vi) During the transfer of a hazardous substance with a flash point below 100 degrees Fahrenheit (37.8 degrees Celsius) or wherever flammable vapors may be present, all potential ignition sources must be controlled. Sources of ignition include open flames, lightning, smoking, cutting, welding, hot surfaces, friction, heat, sparks from static, electrical or mechanical sources, spontaneous ignition, chemical and physical-chemical reactions, and radiant heat.

(vii) Connections to a container at a transfer station must be sufficiently flexible so that any movement will not damage the connection or cause a leak. Examples of flexible connections include hoses and swing arms.

(viii) Equipment or practices that prevent the mixing of incompatible substances must be in-place. This must include mating of couplings to prevent mixing, written site procedures that prevent delivery of a substance to the wrong tank and which prohibit transfer of incompatible substances at the same time within the same transfer station, or equivalent practices. Any written procedures developed pursuant to this paragraph, must be specified in the spill prevention report required by section 1.9 of this Part.

(b) Inventory records. Inventory records must be kept for all containers stored at the facility. Such records must include the number of containers and the contents of each.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-4.2

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