Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 31 - Pesticides › Section 302 KAR 31:040 - Storage and handling of pesticides and bulk fertilizer

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B, 40 C.F.R., 49 C.F.R., 42. U.S.C.
				9601
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050(1) authorizes the
				department to promulgate administrative regulations prescribing the methods of
				storing fertilizers and pesticides. This administrative regulation establishes
				requirements for the storage and handling of pesticides and bulk fertilizers at
				commercial facilities.
Section 1.
			 Definitions.
(1) "Best management practices"
			 means schedules of activities, prohibitions of practices, maintenance
			 procedures, and other management practices to prevent or reduce the pollution
			 of waters of the Commonwealth. Best management practices also includes
			 treatment requirements, operating procedures, practices to control facility
			 run-off, spillage or leaks, sludge or waste disposal, or drainage from raw
			 material storage.
(2) "Bulk
			 fertilizer" means dry or liquid fertilizer in any unpackaged
			 quantity.
(3) "Bulk pesticide"
			 means a pesticide that is held in a nonmobile container in an undivided
			 quantity greater than:
(a) 300 U.S. gallons of
			 liquid measure; or
(b) 300 U.S.
			 pounds of net dry weight.
(4) "Commercial purpose" means selling a
			 pesticide or fertilizer for compensation or other consideration.
(5) "Commercial storage facility" means a
			 site used for a commercial purpose that, in a year, sells, uses, stores, mixes,
			 repackages, or transfers from one (1) container to another more than:
(a) 300 U.S. gallons of liquid
			 pesticide;
(b) 300 U.S. pounds of a
			 dry pesticide;
(c) 5,000 U.S.
			 gallons of a liquid bulk fertilizer; or
(d) Twenty-five (25) tons of dry bulk
			 fertilizer.
(6)
			 "Elephant ring" means a temporary operational containment device:
(a) With an open top that has a storage
			 capacity of:
1. Not less than twenty-five (25)
			 U.S. gallons; and
2. Not more than
			 100 U.S. gallons; and
(b) Used for recovering spillage and leakage
			 from a transfer connection or pump.
(7) "Fertilizer" is defined by
			 KRS
			 217B.040(8), but for
			 purposes of this administrative regulation shall not include anhydrous ammonia
			 fertilizer material or fertilizer packaged for household use.
(8) "Impervious" means restricting the
			 passage of water at a rate greater than 1 x 10-6 centimeters per
			 second.
(9) "Impregnation" means
			 the application of a pesticide onto fertilizer.
(10) "Liquid fertilizer" means fertilizer in
			 fluid form, including solutions, emulsions, suspensions, and
			 slurries.
(11) "Liquid pesticide"
			 means any pesticide in fluid form.
(12) "Load" means the transfer of pesticide
			 in an open storage container or bulk fertilizer from the storage facility to
			 transport vehicles, application equipment, or mobile containers.
(13) "Mobile container" means a container
			 designed and used for transporting a pesticide or fertilizer.
(14) "Operational area" means a site at a
			 facility where the following occurs:
(a)
			 Loading, unloading, repackaging, mixing, impregnation, or transferring of a
			 pesticide or fertilizer; or
(b)
			 Rinsing, washing, or cleaning of pesticide or fertilizer application
			 equipment.
(15)
			 "Operational area containment" means any structure or system designed and
			 constructed to effectively intercept and contain operational spills of
			 fertilizer and pesticides, including rinsate or rain water resulting from any
			 operational activity in an operational area.
(16) "Pesticide" is defined by
			 KRS
			 217B.040(2).
(17) "Primary containment" means any storage
			 container or device used to contain a bulk pesticide, fertilizer, or rinsate at
			 a storage facility.
(18)
			 "Repackaging" means the transfer of bulk pesticides from one (1) storage
			 container to another storage container.
(19) "Rinsate" means water or other liquid
			 resulting from the washing of equipment, operational areas, or containers used
			 in the application, loading, unloading, mixing, transferring or storing of any
			 fertilizer or pesticide.
(20)
			 "Roofed" means protected from precipitation.
(21) "Secondary containment" means a dike,
			 liner, structure, or other device used to:
(a) Contain a product spill from a primary
			 bulk storage container; and
(b)
			 Prevent runoff or leaching.
(22) "Storage container":
(a) Means a container used for the storage of
			 fertilizer or pesticides. A storage container includes a rail car, nurse tank,
			 or other mobile container used for the storage of bulk fertilizers or
			 pesticides; and
(b) Does not mean:
1. A mobile container storing fertilizer or
			 pesticide at a storage facility for less than fifteen (15) days if this storage
			 is incidental to the loading or unloading of a storage container at the storage
			 facility; and
2. A container used
			 solely for temporary emergency storage of leaking fertilizer or pesticide
			 containers.
(23) "Storage facility" means a commercial
			 storage facility.
(24) "Temporary
			 operational containment" means any structure or system designed and constructed
			 with the capability of movement between operational areas and designed to
			 intercept and contain discharges from operational activities including the
			 loading, unloading, repackaging, impregnation, and transfer of pesticides or
			 fertilizer or the rinsing, washing, or cleaning of pesticide and fertilizer
			 application equipment.
(25)
			 "Unload" means the transfer of pesticide in an open storage container or bulk
			 fertilizer from the transport vehicle into the storage facility.