ADMINISTRATIVE RULES

FOR THE

PRIMARY AND SECONDARY CONTAINMENT

OF FERTILIZERS 

NOTH DAKOTA DEPARTMENT OF AGRICULTURE

DRAFT

Table of Contents 

Section

       I.                   Definitions

1-16

 II.                Liquid Fertilizer

A.                 Abandoned Containers

B.                 Storage Tanks

C.                 Basic Guidelines

D.                 Pipes and Fittings

E.                  Liquid Level Gauges

F.                  Filling Storage Containers

G.                 Labeling of Storage Containers

H.                 Inspection and Maintenance

I.                    Security

     III.             Operational Containment of Liquid Fertilizer

A.                 Protection of Containers and Appurtenances

B.                 Load-out and Unloading Pad

C.                 Rail Operations

D.                 Inspection and Maintenance

E.                  Recovery of Releases

      IV.              Secondary Containment of Liquid Bulk Fertilizer

A.                 General

B.                 Specific
 

V.                 Storage and Handling of Dry Fertilizer 

 VI.              Accidental Discharge Response Plan

 Definitions – For the purpose of rules the following definitions shall apply.

  1. “Approved” means approval by the “Commissioner” or his agent except where otherwise stated.
  2. “Aqua Ammonia” means as aqueous solution of anhydrous ammonia general containing from 18 to 30 percent of ammonia (NH3) by weight.
  3. “Commissioner” means the enforcing official of the North Dakota Department of Agriculture, or his appointed official.
  4. “Discharge” means a release outside the containment area of fertilizer in a quantity exceeding fifty-five (55) U.S. gallons and/or of dry bulk fertilizer in a quantity exceeding two hundred (200) pounds.
  5. “Dry Bulk Fertilizer” means non-fluid fertilizer in an undivided quantity exceeding two hundred (200) pounds.
  6. “Elephant Ring” means a storage container with open top serving as a Secondary containment vessel into which a smaller primary storage container(s) is placed.
  7. “Field operations” means the application of fertilizer to soil or plants in the course of normal agricultural or horticultural practice.
  8. “Fluid bulk fertilizer” means fluid fertilizer in an undivided quantity exceeding fifty five  (55) U.S. gallons.
  9. “Fluid fertilizer” means fertilizer in fluid form, and includes solutions, emulsions, suspensions and slurries.  “Fluid fertilizer” does not include anhydrous ammonia.
  10. “Low pressure nitrogen solutions” means an aqueous solution of ammonium nitrate and/or urea and/or other nitrogen carriers, containing various quantities of free ammonia exceeding two percent (2%) by weight.  Aqua ammonia and non-pressure nitrogen solutions commonly referred to as 28%, 30%, or 32% nitrogen solutions are excluded from this definition.
  11. “Operational area” means an area or areas at a fertilizer storage facility where fertilizers are transferred, loaded, unloaded, mixed, or where fertilizers are cleaned or washed from application equipment storage containers or transportation equipment
  12. “Operational area containment” means any structure or system designed constructed to effect intercept and contain operational spills including container or contaminated wash water and rainwater and to prevent runoff or leaching from a storage facility.
  13. “Primary containment” means the storage of fluid or dry bulk fertilizer in starage containers at a storage facility.
  14. “Secondary containment” means any structure used to contain product spills from bulk storage containers and prevent runoff of leaching.
  15. “Storage container” means:

      A container used for the storage of fluid or dry bulk fertilizer; or,

      A rail car, nurse tank, or other mobile container used for the storage of fluid or dry bulk fertilizer.

      “Storage container” does not include:

A mobile container storing fluid bulk or dry fertilizer at a storage facility for less than 15 days, if this storage is incidental to the loading or unloading of a storage container at the storage facility; or

            A mobile container located other than on property owned, operated or controlled by an owner or operator of a storage container; or,

            A container used solely for emergency storage of leaking fertilizer containers that are 55 gallons or smaller. 

  1. “Storage facility” means a location at which fluid bulk fertilizer in undivided quantities in excess of two thousand five hundred (2,500) gallons or dry bulk fertilizer in undivided quantities exceeding 12 tons is held in storage.

     II.                LIQUID FERTILIZER:

             Facilities built before July 1, 2008 will have 5 years to meet the following  requirements

A.                 Abandoned Containers. 

  1. Discontinue the use of any storage containers, which leak and cannot be repaired.  Other storage containers, which are out of service for any reason for more than two years must be properly disposed of.
     
  1. Remove all abandoned underground containers, tanks or catch basins and clean prior to disposal.  If abandoned in place, they must be filled with an inert material after proper cleaning.
     
  1. Clean and properly dispose of all abandoned above ground containers.

B.                 Storage Tanks

  1. Anchor storage tanks to prevent flotation or instability, which may cause valves and fittings to crack or break.

C.                 Basic Guidelines 

  1. Use only material in the construction or repair of storage containers and appurtenances of a type which will not react chemically or electrolytically with stored substances.
     
  1. Use valves and fittings or materials used in the repair of metal containers which are compatible with the original storage tank construction material.  This will reduce the potential for corrosion resulting from dissimilar materials.  Valves and fittings made of stainless steel are recommended.
     
  1. Facility design must consider all operating stresses including static head and pressure buildup from pumps and compressors.
     
  1. Do not use underground storage containers.  This does not include catch basins used for the temporary collection of runoff.

D.                 Pipes and Fittings

  1. Pipes and fittings must be supported to prevent breakage from gravity and other forces.

            E.                  Liquid Level Gauges

  1. Equip each tank with a functional liquid level gauge to prevent overloading.
     
  1. Internal liquid gauges are recommended.
     
  1. If external liquid level gauges are used, the gauge should be secured to the tank prevent breakage caused by wind or other external forces. Equip external liquid level gauges with a stainless steel shutoff valve, which should be locked when not in use.  It is recommended that the sight gauge be replaced every two years

F.                  Filling Storage Containers

  1. Do not overfill storage containers.  When filling storage containers the density of the material and the potential for thermal expansion of the product must be considered.
     
  1. Drip containers or collection trays must be placed under each fitting to catch product loss from valves, etc.  If possible, the collected material should be reused following product label instructions.  The collection trays may be made from previously used containers which contained inert products such as marking foam containers, pesticide neutralizing solutions, etc.

                  G.                 Labeling of Storage Containers

  1. Labeling of storage containers is required under NDCC 19-20.1-05-1.

            H.                 Inspection and Maintenance

  1. Periodically inspect storage facilities, storage containers, valves, and appurtenances for corrosion, leaks, or other evidence of existing or potential malfunction, to minimize the risk of discharge.  Inspections should take place at least weekly when in use.
     
  1. Repair equipment which has malfunctioned, or remove contents to alternative containment device if an uncontrolled release is imminent or is occurring.
     
  1. Keep a record of each inspection and any facility maintenance in a log book.
     
  1. Routinely record liquid level measurements to assist in determining product loss through leakage.

                   I.                    Security

  1. Provide adequate security for the storage facility to protect against vandalism or unauthorized entry.
     
  1. Unless an authorized person is present at the facility, keep valves on storage tanks locked.
     
  1. Unless an authorized person is present at the facility, valves on rail cars, nurse tanks, and other mobile containers must be locked.

      III.             OPERATIONAL CONTAINMENT OF LIQUID FERTILIZER

A.     Protection of Containers and Appurtenances

  1. Protect all containers, pipes fittings, pumps and other appurtenances from damage due to local traffic or other facility practices.  Steel posts of pipes anchored in concrete, or other traffic limiting devices, should be placed on each side of the pumps, storage or other fertilizer transfer equipment to prevent accidental releases.
     
  1. Secure all discharge hoses in a manner that will prevent the loss of product to the ground.  A drip container can be used to collect any discharge when the nozzle is not in use.  Small quantities of product repeatedly released over time in the same location will contaminate soil and potentially impact surface/ground water resources.

            B.     Load-out and Unloading Pads

  1. Incorporate a curbed and sloped concrete pad into areas used to load or unload mobile containers.  Asphalt is not an acceptable substitute for concrete.
     
  1. Design and construct the pad of a size adequate to handle normal loading conditions and any spill, which could occur during the loading/unloading process.
     
  1. Design and construct the pad for drainage into a liquid-tight catch basin with a pump to reclaim storm water and spilled contents.  The minimum recommended capacity for the pad is 1500 U.S. gallons.

C.     Rail Operations 

  1. Place spill collection pans under any connection from the rail car to the storage container.

            D.     Inspection and Maintenance 

  1. Routinely inspect all pads and catch basins for equipment failure or to identify required maintenance.  Inspections should take place weekly during heavy use periods and monthly during the off season.
     
  1. Record all inspections and completed maintenance and keep on file at the facility.

                  E.      Recovery of Releases 

  1. Promptly recover any fertilizer releases and appropriately dispose of all storm water within 24 hours in order to assure that release containment capacity is maintained.

IV.              SECONDARY CONTAINMENT OF LIQUID BULK FERTILIZER

            A.     General

1.                  Dikes

a.                   Locate primary storage of fluid bulk fertilizer within a diked area.  Fertilizer products should not share a common dike with non-fertilizer products.

2.                  Capacity

a.                   Design and construct the dike of a size adequate to contain 100 percent of the folume of the largest container within the diked area, plus sufficient volume to contain the precipitation from the greatest twenty-four (24) hour storm event that has occurred in the last twenty-five (25) years.  If the diked area is covered to prevent the accumulation of rainfall, it is not necessary to account for the storm event in the total capacity; however, the diked area must be adequate to contain 120 percent of the volume of the largest container.  If multiple vessels will be placed within the dike, adjust the containment capacity upward to account for the portion of those vessels below the top of the dike. 

3.                  Drain Tile

     a.                   No drain tile shall be used, except for monitoring a secondary containment system.

B.     Specific

 1.                  Consult an engineering firm prior to any new construction or reconstruction.

 2.                  Walls: 

a.                               Design and construct walls of earth, steel, concrete, or other material to withstand the hydrostatic head of any discharged fluid. 

b.                              Line those walls constructed of earth or similar materials with an approved liner (refer to B.3). 

c.                               Seal cracks and seams to prevent leakage. 

d.                              Design and construct earthen walls with a horizontal-to-vertical slope of at least 3 to 1, unless a steeper slope is consistent with good engineering practice.  The wall slope should be packed and protected form erosion.  The top of the wall should be no less than 2.5 feet wide. 

e.                               Limit the height of any dike walls to 6 feet above the interior grade, unless provisions are made for normal and emergency access. 

3.                  Liners 

a.                               Design and construct soil liners to achieve a hydraulic conductivity of not more than 1 X 10-6 cm/sec; or 

b.                              Install synthetic liners having a minimum thickness of 30 mils.  These liners should be installed under the super­vision of a qualified representative of the manufacturer. 

4.                  Drainage from contained Areas within dikes 

a.                         Earthen or prefabricated diked area 

i.                     No relief outlets or valves may be installed in or below the dike. 

ii.                   Slope the base to a point where storm water can be collected by a pump for appropriate use or disposal. 

b.               Concrete lined areas. 

i.                     Install a recessed drain into concrete lined areas which run through the center of the base.

ii.                   Alternately, locate a sump with a pump within the containment area provided no valve is plumbed into the sump. 

c.         Remove storm water from the diked area within 24 hours in order to maintain the containment capacity.  Collected storm water may be used in the blending process or disposed of in accordance with federal, state and local requirements. 

5.                  Inspection and Maintenance 

a.                   Inspect secondary containment structures every three (3) months and maintain them as required to ensure the structural integrity. 

b.                  Keep a dated record of all inspections and maintenance. 

c.                   Remove all debris from the diked area.  

V.                 STORAGE AND HANDLING OF DRY FERTILIZER 

A.                 Store and handle dry fertilizer products in a manner to prevent pollution to air, surface water, ground water, or soil. 

B.                 Store dry fertilizers inside a sturdy structure with a roof, sidewalls, and base adequate to prevent contact with moisture. 

C.                 No loading or unloading should be conducted outside of containment structures, unless completed in the field.  The containment should be adequate to minimize the migration of dust and/or vapors. 

D.                 Containment devices or structures must include, but are not limited to: 

1.      Outdoor handling areas should be paved and curbed with materials which permit collection and recycling of spilled products. 

2.      Provide conveyors and similar equipment with dust control boots.  Manually extendible boots may be adaptable to upright and auger type conveyors. 

3.      Enclose handling areas. 

E.                  Routinely clean up of the fertilizer handling areas before precipitation events and at the end of each shift. 

F.                  Application and transportation equipment should be stored under cover to prevent rain water contact with fertilizer materials. 

G.                 Discard/dispose of fertilizer damaged by moisture or contaminated by pesticides according to good agronomic practices or disposal requirements.  Proper housekeeping practices can reduce the amount of fertilizer compounds spoiled by moisture. 

H.                 Maintain equipment (i.e., mixers, conveyors, downspouts, legs) in proper adjustment to reduce the potential of accidental spills. 

VI.              ACCIDENTAL DISCHARGE RESPONSE PLAN 

A.                 Prepare a written “Accidental Discharge Response Plan” which includes: 

1.      The identity and telephone number of the persons who are to be contacted in the event of a accidental discharge. 

2.      A label for each product stored at the facility. 

3.      Identify and locate every storage container on the facility, including the type of product stored in each container 

4.      Identify the response procedure to be used to control and recover released product. 

5.      The procedure to be followed in recycling or disposing of a recovered discharge. 

B.                 Routinely update the Accidental Discharge Response Plan to assure that its provisions are current. 

C.                 Keep a copy of the plan on the facility premises. 

D.                 Inform the local fire department of the plan and furnish it with a copy. 

E.                  Report spills promptly to the proper agencies. 

F.                  Periodically review the plan and train personnel to insure the efficacy of the plan.