The Commissioner of Agriculture, Colorado Department of
Agriculture, adopts these permanent rules pursuant to the provisions and
requirements of the Anhydrous Ammonia Act,
35-13-101 - 109, C.R.S.
Implement the statutory change to the Anhydrous Ammonia Act
which require the Commissioner to establish rules to specify the dates for the
registration of anhydrous ammonia storage tanks, mobile transportation tanks
and tank mounted applicators.
Correct typographical errors.
The factual and policy issues encountered in the proposal of
these permanent rules is as follows:
On August 6, 2008, The Anhydrous Ammonia Act was amended by
Senate Bill 08-097. Section
35-13-109(1)
requires the Commissioner to specify by rule the dates for the registration of
anhydrous ammonia storage tanks, mobile transportation tanks and tank mounted
applicators.
14.2.
Adopted
November 10, 2015 - Effective December 30, 2015
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these Rule
amendments is set forth in Section
35-13-103, C.R.S.
PURPOSE:
The purpose of these Rule Amendments is to:
1. Delete obsolete language at the beginning
of the Rules;
2. Correct
typographical errors throughout the rules;
3. Amend Rules by deleting language that is
not essential and unenforceable including reference materials;
4. Amend Rules to exempt refrigerated ammonia
systems and delete all refrigerated ammonia rules;
5. Delete references to "Appendix C" within
the Rules;
6. Add Rule 1.3 . to
incorporate by reference all of the standards referred to in the rules,
instruct where to inspect codes, and to explain later amendments of
incorporated material are not included;
7. Amend Rules by changing the language "this
Standard" to "these Rules" to be consistent with other Colorado Department of
Agriculture rules;
8. Amend Rules
by changing the word "paragraph" with the word "Rule" throughout the rules so
as to be consistent with other Colorado Department of Agriculture
rules;
9. Replace the language
"Authority having Jurisdiction" with the word "Commissioner" throughout the
rules;
10. Amend Rules to add
definitions necessary to understand the Rules.
11. Amend Rule 1.4.8 . by adding the current
edition of the unfired pressure vessel code and striking obsolete references to
The Joint Code of the American Petroleum Institute and The American Society of
Mechanical Engineers (API-ASME Code) 1951 edition;
12. Delete the definition of "gas mask" in
Rule 1.3.11.;
13. Add Rule 3.1.5 .
to include a records retention requirement of inspections and welding on the
container;
14. Realign the order of
the Rules to be consistent with the requirements listed in Statute for the
design, construction, location, installation, and operation of anhydrous
ammonia systems;
15. Amend Rule
6.4.9 . by replacing the words "state Weights & Measures" with "The
Measurement standards Act, §§
35-14-101 through
134, C.R.S";
16. Amend Rules 6.2.3 . and 9.13.1 . by
replacing language referring to emergency rescue with personal protection
equipment.
17. Amend Rules to
include the specific code of federal regulations cites throughout the
Rules.
Factual and Policy Basis:
The factual and policy issues pertaining to the adoption of
these Rule amendment are as follows:
1. The current Rules have not been revised
for a very long time and therefore these Rules contain antiquated language and
formatting requirements. These Rule changes are being made to modernize the
language where appropriate, comply with the current Rule format requirements,
and to align the Rule with the Statute;
2. Obsolete language at the beginning of the
Rule has been deleted to comply with the Department's current Rule
format;
3. References to
refrigerated anhydrous systems have been deleted throughout the Rule to clarify
that these Rules only regulate anhydrous ammonia used as an agricultural
fertilizer. The amended Rules are 1.1.1., 1.1.2.4., Section 4, 6.3.1., 6.4.1.,
and 6.4.7.1.;
4. Rules referring to
Appendix C have been deleted because Appendix C does not exist;
5. Definitions have been added to clarify the
Rule. The amended Rules are 1.4.3.(ASME), 1.4.4.(Backflow check valve),
1.4.6.(Chemical-splash goggles), 1.4.10.(Data plate), 1.4.11.(Densely populated
area), 1.4.13.(Emergency shutoff valve), 1.4.14.(Excess-flow valve),
1.4.19.(Mobil container), 1.4.20.(Non-code welding), 1.4.21.(Permanent storage
container), 1.4.22.(Permanent storage facility), and 1.4.23.(Place of public
assembly);
6. References to
materials incorporated by reference within the Rule have been updated. The
amended Rules are 1.3.1., 1.3.2., and 1.3.3.;
7. Informational language not essential to
the Rule has been deleted. The deleted language is not necessary for the
administration of the Rule. The amended Rules are 1.1.2.2., 1.2.7.,1.2.8.,
1.2.9., and 1.4.7.;
8. Language not
essential to the Rule has been deleted or replaced to clarify the intent of the
Rule. The amended Rules are 1.1.1., 1.2.1., 1.4.,1.4.1., 1.4.15., 9.7.1.,
9.7.3., 10.1.1., 11.1.1., and 12.1.;
9. References to other resources not
essential to the enforcement of the Rule were deleted to avoid confusion as to
which references are needed to be in compliance with the Rule. The amended
Rules are 1.4.3., 1.4.8., and after Rule 6.2.;
10. The wording "state Weights and Measures"
in rule 6.4.9 . was replaced with "The Measurement standards Act, §§
35-14-101 through
134, C.R.S" to clarify where the
requirements for meters used for the measurement of liquid anhydrous ammonia
can be found.
11. References to
emergency and rescue equipment were deleted in the Rule to eliminate the
perception that untrained personnel should perform emergency and rescue
operations. Emergency and rescue operations should be performed by trained
professionals. The amended Rules are 1.3.11., 1.4.13., 6.2.3., and
9.13.1.;
12. The Rule was realigned
to be consistent with the requirements of the Statute. The realignment will
make finding the rules pertaining to the design, construction, location,
installation, and operation of anhydrous ammonia systems for storing, handling,
transporting, and utilizing anhydrous ammonia as an agricultural fertilizer
within the Rule easier to find;
13.
Records requirements for repairs completed on a container have been added to
the Rule. The requirement will help the owner of the tank avoid costly
re-examination and testing of the repaired tank before the tank can be
registered and filled. The amended Rules are 1.4.15., and 3.1.5.;
14. The Rule was amended to clarify
compliance with the Department of Transportation is required for all tanks
transported by tank or trailer by adding the words "which shall be", by adding
the specific federal code site, and eliminating language that could cause
confusion. Rule 1.1.1 . further clarifies compliance with applicable Federal
Statutes or Regulations. The amended Sections are 8. and 9. The amended Rules
are 1.1.1., 8.1.1., 9.1.1., 9.6.1., and 10.4.1.
15. These revisions incorporate changes as a
result of the Departments Regulatory Efficiency Review
Process.
14.3.
Adopted October 14, 2020 - Effective December 15, 2020
Statutory Authority
The Commissioner's authority for the adoption of this
permanent Rule amendment is set forth in §
35-13-103 C.R.S.
Purpose
The purpose of this rulemaking is to update the language that
incorporates regulations and standards by reference so as to comply with the
new requirements in §
24-4-103 (12.5), C.R.S.
Factual and Policy Basis
This rulemaking updates the language and citations within the
rule to properly incorporate regulations and standards by reference. More
specifically, it provides the proper address for the Colorado Department of
Agriculture, which changed in 2018, and provides the addresses of the agencies
and organizations issuing the incorporated regulations and standards. This
rulemaking also updates the edition for each incorporation.
