CHAPTER 19-20.2 ANHYDROUSAMMONIA FACILITIES

19-20.2-01.Anhydrous ammoniasafety rules. The agriculture commissioner shall adopt rules necessary to implement this chapter and adoptthe 1989American national standard safety requirements forthe 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 ofthe 1989American nationalstandard safety requirements are adopted as follows: 1.



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3.

4. (2.5) Refers to paragraphs U-68, U-69, U-200, or U-201 ofsection 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 applicablecode case interpretations. Where referenced in this standard only section VIII division I of the American society ofmechanical engineers code applies exceptthat paragraphs UG-125 through UG-135 and paragraph UW-2 do not apply. (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 currentAmerican society of mechanical engineers code. An exception to the American society of mechanical engineers code requirements is that construction undertable UW-12atabasicjointefficiency ofundereighty percentis notauthorized. (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 heat treatment be performed in a furnace of a size sufficient to accommodate the entire container. Welded attachments to pads may be made after post-weld heat treatment. An implementofhusbandrydoes not require post-weld heattreatment ifthe implement is fabricated with hot formed heads or with cold formed heads that have been stress relieved. (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 theAmerican society ofmechanical 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 ofseventy-fivethousand pounds persquare inch [517110 kilopascals].

19-20.2-01.1. Definition. "Anhydrous ammonia storage facility" means a bulk anhydrous ammonia storage facility with a capacity exceeding six thousand gallons [22712.47 liters] which is owned or operated by

a userorvendorofanhydrous ammonia.

19-20.2-02. License required -Existing anhydrous ammoniastoragefacilities. Any user 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 licenseforfailure to remit the properfee with the application or failure to comply with the rules adopted pursuantto this chapter. The license is valid indefinitely but may notbetransferred.

Page No. 119-20.2-03. (Effective through December 31, 2011) License required • Anhydrous ammoniafacilities constructedafterJune30, 1985. No anhydrous ammonia storage facility may be operated without a license issued 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 properfee to the agriculture commissioner, for failure to comply with the siting requirements of this chapterand rules adopted pursuantto this chapter ifconstructed afterJune 30, 1985, or for failure to comply with local siting requirements. The agriculture commissioner also may deny a license ifthe chief boiler inspector does not certify that the facility meets the initial inspection standards required bythis chapterand by any rules adopted pursuantto this chapter. In orderto 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 ofthe tank, the locations, and the surroundings in all directions. One set ofdrawings or photographs is for the agriculture commissioner and the other is for the board of county commissioners. (Effective after December31, 2011) License required- Anhydrous ammonia facilities constructed after June30, 1985. No anhydrous ammonia storage facility may be operated without a license issued by the agriculture commissioner and the board of county commissioners ofthe 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 ofcounty commissioners. The commissioner or the board may deny a license for failure to remit the properfee to the agriculture commissioner, for failure to complywith the siting requirements ofthis chapter and rules adopted pursuantto 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 facility does not meet the initial inspection standards required bythis chapterand by any rules adopted pursuantto thischapter. In orderto obtain a license, an individual shall submittwo sets ofdrawings 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 orphotographs must showthe proposed location ofthe 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 licensefee. The agriculture commissioner shall charge a one-time fee 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 the expansion 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 facilities constructed afterJune30, 1985. Forfacilities constructed afterJune 30, 1985: 1. Any anhydrous ammonia storage facilitywith acontainer nominal capacity oflessthan

one hundredthousand gallons [378541.2 liters] mustbe located at least:

a. Fifty feet [15.24 meters] from the line of any adjoining property, which may be built upon, or any highway orrailroad mainline. b. Four hundred fifty feet [137.16 meters] from any place of public assembly or residence, otherthan the company's business office.

c. Seven hundredfiftyfeet [213.36 meters]from any institutional residence.

PageNo.22. 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, otherthan the company's business office.

c. Onethousand 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 ofthe vessel or wet fluorescent magnetic particle tested, also referred to as black lighttested. Before the container may be put into service and before licensing may occur, proof oftesting must be supplied to the county and the agriculture commissioner. 4. 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 andwhen thefacility is unattended. 5. Any anhydrous ammonia storagefacility relocated orconstructed afterAugust 1, 1995, may notbe locatedwithin city limits, unless approved bythecity.

19-20.2-06.Transferhose requirements. The following requirements apply to any transfer hose utilized at an anhydrous ammonia storagefacility: 1 . Any liquid transfer hose that is not drained of liquid upon completion of transfer operations mustbe equippedwith an approved shutoffvalve atthe 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 installed between each pair ofvalves in which liquid istrapped. The start-to-discharge pressure setting ofthe reliefvalve must not be lessthan 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. Atransfer hose must have etched, cast, or impressed on the outer coating all ofthe following:

a. Thewords "ANHYDROUSAMMONIA". b. The maximumworking pressure ofthetransfer hose.

c. The name ofthe manufacturerofthe hose. d. The date ofmanufacture orthe expiration date ofthe hose. 4. A transfer hose cut, scraped, cracked, or weathered so that the inner white cord is visible must be replaced. Atransfer hose with an expiration date printed on the hose must be replaced priorto that date. Transfer hoses without an expiration date must be replaced as follows:

a. Rayon hoses must be replaced within two yearsofthe date ofmanufacture. b. Nylon hoses must be replaced within fouryears ofthedateofmanufacture.

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 oftransferhoses.

19-20.2-06.1. Pressure reliefdevices. Bulk storage containers constructed according to 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

Page No.3national 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 reliefvalve 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 organization having a valid "VR" certificate of authorizationforthe repairsfrom the national board ofboilerand pressurevessel inspectors.

19-20.2-07. (Effectivethrough December31, 2011) 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 ofthis chapter that may arise in the course ofan inspection ofan anhydrous ammonia storagefacility. 2. The insurance commissionershall inspect each anhydrous ammonia storage facility at least once every five years and may inspect any farm transportation wagon orvehicle designed to apply anhydrous ammonia which is in the vicinity of an anhydrous ammonia storagefacility. 3. The insurance commissioner may inspect any anhydrous ammonia storage facility wherethe commissioner has reasonto believeviolations ofthe safety standards under this chapterexist. 4. The agriculture commissioner may revoke or suspend the license of any anhydrous ammonia storage facility violating this chapter or the rules adopted underthis chapter. The commissioner may order the discontinuance of use of any farm transportation wagon or implement ofhusbandrywhich isfound unsafe or hazardous.

(Effective after December31, 2011) Inspection. 1. The agriculture commissioner shall develop and implement an initial and periodic inspection programforanhydrous ammonia storagefacilities. 2. The agriculture commissioner shall inspect each anhydrous ammonia storage facility at least once every five years and may inspect any farm transportation wagon or vehicle designedto apply anhydrous ammonia which is in the vicinity ofan anhydrous ammonia storagefacility. 3. The agriculture commissioner may inspect any anhydrous ammonia storage facility wherethe commissioner has reason to believe violations ofthe safety standards under this chapterexist. 4. The agriculture commissioner may revoke or suspend the license of any anhydrous ammonia storage facility violating this chapter or the rules adopted underthis chapter. The commissioner may order the discontinuance of use of any farm transportation wagon or implement ofhusbandrywhich isfound unsafe or hazardous.

19-20.2-07.1. (Effective through December 31, 2011) 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 chiefboiler inspectorwith:

a. Evidence that the container is registered with the national board of boiler and pressure vessel inspectors; or b. The manufacturer's data reportforthe container. 2. Subsection 1 is not applicable to the owner of an anhydrous ammonia storage container installed in this state before November 1, 1987, unlessthe storage container is reinstalled at anotherlocation.

Page No.4(Effective after December31, 2011) 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 agriculture commissionerwith:

a. Evidence that the container is registered with the national board of boiler and pressurevessel inspectors; or b. The manufacturer's data reportforthe container. 2. Subsection 1 is not applicable to the owner of an anhydrous ammonia storage container installed in this state before November 1, 1987, unlessthe storage container is reinstalled at another location.

19-20.2-08. Promotion ofsafety- Useofexcessfees. All fees collected under this chapter must be used by the agriculture commissioner to promote safety in anhydrous ammonia use and storage, in the administration ofthe program, and in the inspection offacilities.

19-20.2-08.1.Anhydrousammoniastoragefacility inspectionfund. Repealed by S.L. 2011, ch. 168, 

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19-20.2-08.2. Prohibitions. Thefollowing action is prohibited: 1. Filling a nursetankdirectlyfrom a railcar. 2. Filling or using a nursetankthat has an outdated hose. 3. Filling orusing anursetankthathas outdated reliefvalves. 4. Towing morethantwo nursetanks on a public road. 5. Filling department oftransportation transport containers not meeting the requirements ofthe departmentoftransportation. 6. Filling anhydrous ammonia storage containers not meeting the requirements of this chapter.

19-20.2-08.3.Anhydrousammonia- Bulkdelivery. Upon obtaining acommercial driver's licensewith an endorsementfor hazardous materials,

a person maytransport anhydrous ammonia in a bulk deliveryvehicle and mayfill, from the bulk deliveryvehicle, nursetankswith anhydrous ammonia.

19-20.2-08.4. (Effectivethrough December31, 2011) Hydrostatictestprocedures. Any hydrostatic test conducted under section 19-20.2-05 must comply with the requirements of the national board inspection code (ANSI-NB 23) and be conducted in a
mannerapproved by the chiefboiler inspector.

(EffectiveafterDecember31, 2011) Hydrostatictestprocedures. Any hydrostatic test conducted under section 19-20.2-05 must comply with the requirements of the national board inspection code (ANSI-NB 23) and be conducted in a
mannerapproved bythe agriculture commissioner.

19-20.2-08.5.Wetfluorescent magnetic particletestprocedures. Any wet fluorescent magnetic particle test of a pressure vessel weld conducted under section 19-20.2-05 must comply with the requirements ofthe society for nondestructive testing SNT-TC-1Astandard and must be conducted by a person certified as alevel II technician by the society.

19-20.2-09. (Effectivethrough December31, 2011) Enforcement. 1. The agriculture commissioner shall enforce the requirements ofthis chapter and any rules issued under it.

Page No.52. The commissioner may bring an action to enjoin the violation orthreatened violation of this chapter, or any rule issued pursuant to this chapter, in the district court of the county inwhich theviolation occurs or is aboutto 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 commissionershall file the appropriatecriminal 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 timesto:

a. Inspect any equipment subject to this chapter and the premises on which the equipment is stored or used. b. Inspector investigatecomplaints.

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 chapterforfailureto pay acivil penaltywithin thirty days afterafinal determination is made.

(EffectiveafterDecember31, 2011) Enforcement. 1. The agriculture commissioner shall enforce the requirements ofthis chapter and any rules issued under it. 2. The commissioner may bring an action to enjoin theviolation orthreatened violation of this chapter, or any rule issued pursuant to this chapter, in the district court of the county inwhich theviolation occurs or is aboutto 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 commissionershallfilethe appropriate criminal complaint. 4. For the purpose of carrying out this chapter, the agriculture commissioner may enter upon any public or private premises at reasonable timesto:
a. Inspect any equipment subject to this chapter and the premises on which the equipment is stored or used. b. Inspectorinvestigate 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 chapterforfailure to pay acivil penaltywithin thirtydays after afinal determination is made.

19-20.2-10. Penalty. 1. Any person violating this chapter is guilty ofaclassAmisdemeanor. 2. 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, orfailure ofthe person as well asthatofthe 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 notto exceed five thousand dollars for each violation. The civil penalty may be imposed by acourt in acivil proceeding or by the agriculture commissionerthrough an administrative hearing.

Page No.619-20.2-11. (Effectivethrough December31, 2011) Rules relating to security measures for nursetanks. The insurance commissioner 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 insurance commissioner may establish the duration ofthe pilot project, and may requirethe 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 commissionershall enforce any rules adopted pursuantto this section. (Effective after December 31, 2011) Rules relating to security measures for nurse tanks. The agriculture commissioner shall adopt rules identifying a critical methamphetamine

use zone in the state and establishing appropriate security measuresto be implemented by the

owners and users of anhydrous ammonia nurse tanks located within the zone as a pilot project. The agriculture commissioner may establish the duration ofthe 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 agriculture commissionershall enforce any rules adopted pursuantto this section.

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