19-20.2 Anhydrous Ammonia Facilities - North Dakota Statutes

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CHAPTER 19-20.2ANHYDROUS AMMONIA FACILITIES19-20.2-01. Anhydrous ammonia safety rules. The agriculture commissioner shalladopt rules necessary to implement this chapter and adopt the 1989 American national standard
safety requirements for the storage and handling of anhydrous ammonia, except sections 2.5,
5.2.1, 5.2.2.1, and 5.2.2.2.Sections 2.5, 5.2.1, 5.2.2.1, and 5.2.2.2 of the 1989 Americannational standard safety requirements are adopted as follows:1.(2.5) Refers to paragraphs U-68, U-69, U-200, or U-201 of section VIII of the boiler
and pressure vessel code of the American society of mechanical engineers, 1949
edition, or to section VIII division I of the boiler and pressure vessel code of the
American society of mechanical engineers, 1950 edition, through the current edition
including addenda and applicable code case interpretations.Where referenced in this standard only section VIII division I of the Americansociety of mechanical engineers code applies except that paragraphs UG-125
through UG-135 and paragraph UW-2 do not apply.2.(5.2.1) Containers used with systems covered in sections 6, 9, 11, and 12 must be
made of steel or other material compatible with ammonia and tested in accordance
with the current American society of mechanical engineers code. An exception to
the American society of mechanical engineers code requirements is that
construction under table UW-12 at a basic joint efficiency of under eighty percent is
not authorized.3.(5.2.2.1) For new containers installed or purchased after January 1, 1996, the entire
container must be post-weld heat treated after completion of all welds in or to the
shells and heads. The method employed must be as prescribed in the American
society of mechanical engineers code.It is recommended that post-weld heattreatment be performed in a furnace of a size sufficient to accommodate the entire
container.Welded attachments to pads may be made after post-weld heattreatment. An implement of husbandry does not require post-weld heat treatment if
the implement is fabricated with hot formed heads or with cold formed heads that
have been stress relieved.4.(5.2.2.2) Steels used in fabricating pressure containing parts of a container may not
exceed a specified tensile strength of seventy thousand pounds per square inch
[482636 kilopascals], as noted in the American society of mechanical engineers
code, section II, part D, except that this does not apply to sections 8, 9, and 10. An
implement of husbandry may be fabricated from steel having a specified tensile
strength of seventy-five thousand pounds per square inch [517110 kilopascals].19-20.2-01.1.Definition."Anhydrous ammonia storage facility" means a bulkanhydrous ammonia storage facility with a capacity exceeding six thousand gallons
[22712.47 liters] which is owned or operated by a user or vendor of anhydrous ammonia.19-20.2-02. License required - Existing anhydrous ammonia storage facilities. Anyuser or vendor of anhydrous ammonia owning or operating an anhydrous ammonia storage
facility shall apply for an operator's license to the agriculture commissioner and the board of
county commissioners of the county in which the facility is located. Any permanent anhydrous
ammonia storage facility constructed before July 1, 1985, is exempt from the siting requirements
of this chapter and may receive a license under this chapter regardless of noncompliance with
the siting requirements. The commissioner may deny a license for failure to remit the proper fee
with the application or failure to comply with the rules adopted pursuant to this chapter. The
license is valid indefinitely but may not be transferred.Page No. 119-20.2-03.License required - Anhydrous ammonia facilities constructed afterJune 30, 1985.No anhydrous ammonia storage facility may be operated without a licenseissued by the agriculture commissioner and the board of county commissioners of the county in
which the facility is constructed. An application for a license to site and operate an anhydrous
ammonia storage facility must be made to the agriculture commissioner and to the board of
county commissioners. The commissioner or the board may deny a license for failure to remit
the proper fee to the agriculture commissioner, for failure to comply with the siting requirements
of this chapter and rules adopted pursuant to this chapter if constructed after June 30, 1985, or
for failure to comply with local siting requirements. The agriculture commissioner also may deny
a license if the chief boiler inspector does not certify that the facility meets the initial inspection
standards required by this chapter and by any rules adopted pursuant to this chapter. In order to
obtain a license, an individual shall submit two sets of drawings or photographs and signed
affidavits stating and showing the facility has been measured and meets the siting requirements
along with the application for license. The drawings or photographs must show the proposed
location of the tank, the locations, and the surroundings in all directions. One set of drawings or
photographs is for the agriculture commissioner and the other is for the board of county
commissioners.19-20.2-04. State license fee. The agriculture commissioner shall charge a one-timefee for a license for each anhydrous ammonia storage facility. The licensing fee is twenty-five
dollars for an anhydrous ammonia storage facility and one hundred dollars for each retail and
storage site.Expansion of an existing anhydrous ammonia storage facility, including theexpansion of a facility constructed before July 1, 1985, does not require reapplication for
licensing, but all siting requirements must be met. When an anhydrous ammonia storage facility
changes ownership, the new owner shall obtain a license.19-20.2-05.State siting requirements - Anhydrous ammonia storage facilitiesconstructed after June 30, 1985. For facilities constructed after June 30, 1985:1.Any anhydrous ammonia storage facility with a container nominal capacity of less
than one hundred thousand gallons [378541.2 liters] must be located at least:a.Fifty feet [15.24 meters] from the line of any adjoining property, which may be
built upon, or any highway or railroad mainline.b.Four hundred fifty feet [137.16 meters] from any place of public assembly or
residence, other than the company's business office.c.Seven hundred fifty feet [213.36 meters] from any institutional residence.2.Any anhydrous ammonia storage facility with container nominal capacity of one
hundred thousand gallons [378541.2 liters] or more must be located at least:a.Fifty feet [15.24 meters] from the property line of adjoining property, which may
be built upon, or any highway or railroad mainline.b.Six hundred feet [182.88 meters] from any place of public assembly or
residence, other than the company's business office.c.One thousand feet [300.48 meters] from any institutional residence.3.Upon relocation of any permanent storage container to an anhydrous ammonia
storage facility, the container must be hydrostatically pressure tested at the
maximum allowable working pressure of the vessel or wet fluorescent magnetic
particle tested, also referred to as black light tested. Before the container may be
put into service and before licensing may occur, proof of testing must be supplied to
the county and the agriculture commissioner.Page No. 24.All valves and other appurtenances to any anhydrous ammonia storage facility must
be protected against physical damage. All shutoff valves must be kept closed and
locked when not in use and when the facility is unattended.5.Any anhydrous ammonia storage facility relocated or constructed after August 1,
1995, may not be located within city limits, unless approved by the city.19-20.2-06. Transfer hose requirements.The following requirements apply to anytransfer hose utilized at an anhydrous ammonia storage facility:1.Any liquid transfer hose that is not drained of liquid upon completion of transfer
operations must be equipped with an approved shutoff valve at the discharge end.2.A hydrostatic relief valve or equivalent must be installed in each section of hose or
pipe in which liquid ammonia can be isolated between shutoff valves to relieve the
pressure that could develop from the trapped liquid. If an equivalent pressure relief
device is used, the maximum accumulated pressure possible within the system may
not exceed the limits of the system.A hydrostatic relief valve must be installedbetween each pair of valves in which liquid is trapped.The start-to-dischargepressure setting of the relief valve must not be less than three hundred fifty pounds
per square inch [2413.18 kilopascals] gauge nor more than four hundred pounds per
square inch [2757.92 kilopascals] gauge.3.A transfer hose must have etched, cast, or impressed on the outer coating all of the
following:a.The words "ANHYDROUS AMMONIA".b.The maximum working pressure of the transfer hose.c.The name of the manufacturer of the hose.d.The date of manufacture or the expiration date of the hose.4.A transfer hose cut, scraped, cracked, or weathered so that the inner white cord is
visible must be replaced. A transfer hose with an expiration date printed on the hose
must be replaced prior to that date. Transfer hoses without an expiration date must
be replaced as follows:a.Rayon hoses must be replaced within two years of the date of manufacture.b.Nylon hoses must be replaced within four years of the date of manufacture.c.Steel-reinforced hoses must be replaced within six years of the date of
manufacture.Notwithstanding the replacement dates determined under this subsection for transfer
hoses with or without an expiration date, an additional year must be allowed for
replacement of transfer hoses in order to take into account delays in the original
installation of transfer hoses.19-20.2-06.1. Pressure relief devices. Bulk storage containers constructed accordingto the American society of mechanical engineers code, and all nurse tanks, must be equipped
with pressure relief valves constructed according to the American society of mechanical
engineers code and capacity certified by the national board of boiler and pressure vessel
inspectors. A pressure relief valve using nonmetallic seats must be replaced every five years
with a new valve meeting the standards referenced in this section. A pressure relief valve using
metallic seats must be tested every five years in lieu of replacement, and repairs, if deemed
necessary, must be made by the valve manufacturer or by a safety valve repair organizationPage No. 3having a valid "VR" certificate of authorization for the repairs from the national board of boiler and
pressure vessel inspectors.19-20.2-07. Inspection.1.The chief boiler inspector and the insurance commissioner shall cooperate with the
agriculture commissioner to develop and implement an initial and periodic inspection
program for anhydrous ammonia storage facilities. The chief boiler inspector shall
inform the agriculture commissioner of any violation of this chapter that may arise in
the course of an inspection of an anhydrous ammonia storage facility.2.The insurance commissioner shall inspect each anhydrous ammonia storage facility
at least once every five years and may inspect any farm transportation wagon or
vehicle designed to apply anhydrous ammonia which is in the vicinity of an
anhydrous ammonia storage facility.3.The insurance commissioner may inspect any anhydrous ammonia storage facility
where the commissioner has reason to believe violations of the safety standards
under this chapter exist.4.The agriculture commissioner may revoke or suspend the license of any anhydrous
ammonia storage facility violating this chapter or the rules adopted under this
chapter.The commissioner may order the discontinuance of use of any farmtransportation wagon or implement of husbandry which is found unsafe or
hazardous.19-20.2-07.1. Reinstalled and secondhand anhydrous ammonia storage containers- Requirement.1.Before anhydrous ammonia may be stored in a reinstalled or secondhand container,
including a nurse tank, the person intending to store the anhydrous ammonia shall
furnish the chief boiler inspector with:a.Evidence that the container is registered with the national board of boiler and
pressure vessel inspectors; orb.The manufacturer's data report for the container.2.Subsection 1 is not applicable to the owner of an anhydrous ammonia storage
container installed in this state before November 1, 1987, unless the storage
container is reinstalled at another location.19-20.2-08. Promotion of safety - Use of excess fees. All fees collected under thischapter must be used by the agriculture commissioner to promote safety in anhydrous ammonia
use and storage, in the administration of the program, and in the inspection of facilities.19-20.2-08.1. Anhydrous ammonia storage facility inspection fund. The anhydrousammonia storage facility inspection fund is a special fund in the state treasury. The fund consists
of all inspection fees collected in accordance with section 19-20.1-06 which are related to the
distribution of anhydrous ammonia.19-20.2-08.2. Prohibitions. The following action is prohibited:1.Filling a nurse tank directly from a railcar.2.Filling or using a nurse tank that has an outdated hose.3.Filling or using a nurse tank that has outdated relief valves.Page No. 44.Towing more than two nurse tanks on a public road.5.Fillingdepartmentoftransportationtransportcontainersnotmeetingtherequirements of the department of transportation.6.Filling anhydrous ammonia storage containers not meeting the requirements of this
chapter.19-20.2-08.3.Anhydrous ammonia - Bulk delivery.Upon obtaining a commercialdriver's license with an endorsement for hazardous materials, a person may transport anhydrous
ammonia in a bulk delivery vehicle and may fill, from the bulk delivery vehicle, nurse tanks with
anhydrous ammonia.19-20.2-08.4.Hydrostatic test procedures.Any hydrostatic test conducted undersection 19-20.2-05 must comply with the requirements of the national board inspection code
(ANSI-NB 23) and be conducted in a manner approved by the chief boiler inspector.19-20.2-08.5.Wet fluorescent magnetic particle test procedures.Any wetfluorescent magnetic particle test of a pressure vessel weld conducted under section 19-20.2-05
must comply with the requirements of the society for nondestructive testing SNT-TC-1A standard
and must be conducted by a person certified as a level II technician by the society.19-20.2-09. Enforcement.1.The agriculture commissioner shall enforce the requirements of this chapter and any
rules issued under it.2.The commissioner may bring an action to enjoin the violation or threatened violation
of this chapter, or any rule issued pursuant to this chapter, in the district court of the
county in which the violation occurs or is about to occur.3.The agriculture commissioner may issue a cease and desist order to any person
allegedly violating this chapter. If any person violates the cease and desist order,
the commissioner shall file the appropriate criminal complaint.4.For the purpose of carrying out this chapter, the agriculture commissioner and the
insurance commissioner may enter upon any public or private premises at
reasonable times to:a.Inspect any equipment subject to this chapter and the premises on which the
equipment is stored or used.b.Inspect or investigate complaints.c.Inspect any premises or other place where anhydrous ammonia or devices are
held for distribution, sale, or use.5.If a civil penalty pursuant to section 19-20.2-10 is imposed by the agriculture
commissioner through an administrative hearing and the civil penalty is not paid, the
commissioner may collect the civil penalty by a civil action in any appropriate court.
Additionally, the commissioner may suspend or revoke a license issued pursuant to
this chapter for failure to pay a civil penalty within thirty days after a final
determination is made.19-20.2-10. Penalty.1.Any person violating this chapter is guilty of a class A misdemeanor.Page No. 52.When construing and enforcing this chapter, the act, omission, or failure of any
officer, agent, or other person acting for or employed by any person is deemed to be
the act, omission, or failure of the person as well as that of the person employed.3.In addition to the criminal sanctions that may be imposed, a person found guilty of
violating this chapter or the rules adopted under this chapter is subject to a civil
penalty not to exceed five thousand dollars for each violation. The civil penalty may
be imposed by a court in a civil proceeding or by the agriculture commissioner
through an administrative hearing.19-20.2-11.Rules relating to security measures for nurse tanks. The insurancecommissioner shall adopt rules identifying a critical methamphetamine use zone in the state and
establishing appropriate security measures to be implemented by the owners and users of
anhydrous ammonia nurse tanks located within the zone as a pilot project.The insurancecommissioner may establish the duration of the pilot project, and may require the locking of
anhydrous ammonia nurse tanks or other security measures as are deemed necessary to curb
the illegal theft of anhydrous ammonia within the zone.The insurance commissioner shallenforce any rules adopted pursuant to this section.Page No. 6Document Outlinechapter 19-20.2 anhydrous ammonia facilities