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.
- “Approved” means
approval by the “Commissioner” or his agent except where otherwise stated.
- “Aqua Ammonia” means as
aqueous solution of anhydrous ammonia general containing from 18 to 30
percent of ammonia (NH3) by weight.
- “Commissioner” means the
enforcing official of the North Dakota Department of Agriculture, or his
appointed official.
- “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.
- “Dry Bulk Fertilizer”
means non-fluid fertilizer in an undivided
quantity exceeding two hundred (200) pounds.
-
“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.
-
“Field operations” means the application of
fertilizer to soil or plants in the course of normal agricultural or
horticultural practice.
-
“Fluid bulk fertilizer” means fluid fertilizer
in an undivided quantity exceeding fifty five (55) U.S. gallons.
- “Fluid fertilizer” means
fertilizer in fluid form, and includes solutions, emulsions, suspensions
and slurries. “Fluid fertilizer” does not include anhydrous ammonia.
- “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.
- “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
-
“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.
-
“Primary containment” means the storage of
fluid or dry bulk fertilizer in starage containers at a storage facility.
-
“Secondary containment” means any structure
used to contain product spills from bulk storage containers and prevent
runoff of leaching.
- “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.
-
“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.
-
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.
-
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.
-
Clean and properly
dispose of all abandoned above ground containers.
B.
Storage Tanks
-
Anchor storage tanks to prevent flotation or
instability, which may cause valves
and fittings to crack or break.
C.
Basic Guidelines
-
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.
- 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.
- Facility design must
consider all operating
stresses including static head and pressure buildup from pumps and
compressors.
-
Do not use underground
storage containers. This does not include catch basins used for the
temporary collection of runoff.
D.
Pipes and Fittings
- Pipes and fittings must be
supported to prevent breakage from gravity and other forces.
E.
Liquid Level Gauges
- Equip each tank with a
functional liquid level gauge to prevent overloading.
- Internal liquid gauges are
recommended.
- 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
-
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.
- 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
- Labeling of storage
containers is required under NDCC 19-20.1-05-1.
H.
Inspection and Maintenance
-
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.
- Repair equipment which has
malfunctioned, or remove contents to alternative containment device if an
uncontrolled release is imminent or is occurring.
- Keep a record of each
inspection and any facility maintenance in a log book.
- Routinely record liquid
level measurements to assist in determining product loss through leakage.
I.
Security
- Provide adequate security
for the storage facility to protect against vandalism or unauthorized entry.
- Unless an authorized
person is present at the facility, keep valves on storage tanks locked.
- 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
- 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.
- 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
- Incorporate a curbed and
sloped concrete pad into areas used to load or unload mobile containers.
Asphalt is not an acceptable substitute for concrete.
- 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.
-
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
- Place spill collection
pans under any connection from the rail car to the storage container.
D.
Inspection and Maintenance
-
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.
- Record all inspections and
completed maintenance and keep on file at the facility.
E.
Recovery of Releases
- 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.