Current through Register Vol. 50, No. 9, March 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.
Section 2. Scope and Application.
(1) A commercial storage facility shall
register with the Kentucky Department of Agriculture, Division of Pesticide
Regulation, and shall submit the Pesticide and/or Fertilizer Bulk Storage
Facilities Registration form.
(2) A
commercial storage facility shall comply with this administrative
regulation.
(3) A commercial
storage facility shall have a written emergency response plan to be followed in
the event of an emergency. A plan required by another regulatory program may be
used. The plan shall be available upon request of the KDA.
(4) A commercial storage facility shall
define the scope of the existing operation and facility at the time of
registration.
(5) A commercial
storage facility shall be subject to SARA Title III,
42
U.S.C. 9601, and shall:
(a) Be in full compliance by the required
dates; and
(b) Accurately complete
the required annual reporting form.
(6) Unless performed in the field of
application, the loading, unloading, mixing, and handling of dry bulk
fertilizer shall be performed in accordance with Section 8 of this
administrative regulation.
Section
3. Operational Area Site Specifications.
(1) New permanent operational area
containment located in a flood plain shall be protected from inundation by
floods.
(2) New permanent
operational area containment shall be located a minimum of 100 feet from
on-site wells and sinkholes, 200 feet from private domestic wells, and 400 feet
from any community wells used as a public water source.
Section 4. Primary Containment of Liquid
Pesticides and Liquid Fertilizer.
(1) Basic
requirements.
(a) A storage container and all
equipment, including hoses, fittings, valves, clamps, and pumps shall be
constructed, installed, and maintained so as to prevent the release of liquid
fertilizer or pesticides.
(b)
Storage containers and all equipment, including hoses, fittings, valves,
clamps, and pumps shall be constructed of materials that shall be resistant to
corrosion, puncture, or cracking and shall be compatible with the product being
stored.
(c) A storage container and
all equipment, including hoses, fittings, valves, clamps, and pumps used for
the storage of a liquid fertilizer containing potassium chloride (muriate of
potash) may be constructed of ferrous materials if:
1. The container and all equipment, including
hoses, fittings, valves, clamps, and pumps are coated or treated with
protective substances; and
2. The
container or all equipment, including hoses, fittings, valves, clamps, and
pumps is used for a storage period of not more than six (6) months, is
completely emptied between storage periods, and is cleaned and inspected for
leaks prior to being refilled.
(d) Metals used for valves, fittings, or
repairs on metal containers shall be compatible with the materials used in the
construction of the storage container so the combination of metals does not
cause or increase corrosion that could weaken the storage container or its all
equipment, including hoses, fittings, valves, clamps, and pumps or create a
risk of release.
(e) Storage
containers and all equipment, including hoses, fittings, valves, clamps, and
pumps shall be designed to handle all operating stresses, taking into account
static head, pressure buildup from pumps and compressors, and any other
mechanical stresses to which the storage containers and all equipment,
including hoses, fittings, valves, clamps, and pumps could be subjected to in
the foreseeable course of operations.
(f) Storage containers shall be properly
labeled during active use of the container.
(2) Prohibition against underground storage
and plumbing.
(a) The storage of liquid
fertilizer or pesticide in an underground storage container shall be prohibited
unless an impervious catch basin is used for the temporary collection of
run-off or rinsate from containment or operational areas and it is emptied
within seventy-two (72) hours of use.
(b) Underground plumbing shall be restricted
to the use of concentric piping.
(3) Abandoned containers.
(a) Storage containers and other containers
used at a storage facility to hold liquid bulk fertilizer or pesticide, or
pesticide and fertilizer rinsate shall be considered abandoned if they have
been out of service for more than six (6) months due to a weakness or leak, or
have been out of service for any reason for more than two (2) years without
integrity tests having been performed.
(b) Abandoned aboveground containers shall be
thoroughly cleaned. All hatches on the containers shall be secured and all
valves or connections shall be severed or sealed.
(c) A secondary containment facility shall
not be considered abandoned for the sole reason that there have been no
releases into the secondary containment.
(4) Prohibited materials.
(a) Storage containers and shall not be
constructed of copper, brass, zinc, or copper base alloys.
(b) Storage containers and used for the
storage of liquid fertilizers containing phosphate or chlorides shall not be
constructed of aluminum alloys.
(c)
Storage containers and used for the storage of low ph (LESSTHAN 5) liquid
fertilizers shall not be constructed of ferrous materials other than stainless
steel unless the materials are coated or treated with protective
substances.
(d) Storage containers
used for the storage of low-pressure nitrogen solutions shall not be
constructed of mild steel, fiberglass, polyolefins, or plastic. This
prohibition shall not extend to nonpressure solutions commonly referred to as
twenty-eight (28), thirty (30), or thirty-two (32) percent nitrogen solutions.
This prohibition against the use of mild steel shall not extend to aqua
ammonia.
(e) Storage containers
used for the storage of phosphoric acid shall not be constructed of ferrous
materials other than stainless steel unless the container is lined with a
suitable substance based on contents.
(5) Filling storage containers. Storage
containers shall not be filled beyond the capacity for which they are
designed.
(6) Pipes and fittings.
Pipes and fittings shall be adequately supported to prevent sagging and
possible breakage due to gravity and other forces that could be encountered in
the ordinary course of operations. Underground plumbing shall be prohibited
except as established in subsection (2)(b) of this section.
(7) Liquid level gauging device.
(a) Every storage container shall be equipped
with a liquid level-gauging device by which the level of liquid in the storage
container can be readily and safely determined. A liquid level-gauging device
shall not be required if the level of liquid in a storage container can be
readily and reliably measured by other means.
(b) Liquid level gauging devices shall be
secured in a safe manner to protect against breakage or vandalism.
(c) External sight gauges shall be
prohibited.
(8) Venting.
Storage containers shall be vented to manufacturer's specifications for the
product being stored in the container.
(9) Facility inspection and maintenance by
owner or operator. Inspections by the operator shall be conducted quarterly to
assure the early detection of cracks and other defects that could compromise
the integrity of the primary containment. Repairable defects that occur in a
primary containment shall be sealed or repaired immediately.
Section 5. Secondary Containment
of Liquid Bulk Pesticide and Liquid Bulk Fertilizer.
(1) A nonmobile storage container for liquid
bulk pesticides and liquid bulk fertilizer shall be located within a secondary
containment.
(2) Basic requirements
shall include:
(a) The floor and walls of a
secondary containment structure shall be constructed of:
1. Concrete;
2. Concrete block that has been capped and
filled with concrete;
3. Steel;
or
4. Another impervious material
compatible with the product being stored;
(b) The floor and walls of a secondary
containment structure that contains a pesticide shall be constructed of
material that shall maintain structural integrity under fire
conditions;
(c) Secondary
containment structures shall not have relief outlets or release
valves;
(d) Underground plumbing
shall be prohibited except as established in Section 4(2)(b) of this
administrative regulation;
(e)
Secondary containment may provide for the separation between bulk pesticides
and bulk fertilizer to the extent that a common wall or curbing exists between
the fertilizer and pesticide areas and shall provide for the interception and
recovery of materials including clean-up of pesticide releases. The entire
secondary containment area shall meet or exceed the total capacity requirements
established in this section;
(f)
Secondary containment structures shall be cleaned and rinsed within seventy-two
(72) hours after any release into the secondary containment;
(g) An inspection shall be conducted
quarterly by the owner or operator to assure the early detection of cracks or
other defects that could compromise the integrity of the secondary containment.
1. Repairable defects that occur in a
secondary containment shall be sealed or repaired immediately.
2. Inspections shall be documented in a
legible and accurate form;
(h) Containers, pipes, hoses, and valves
shall be protected against anticipated risks of damage by trucks and other
moving vehicles;
(i) Clay, natural
soil clay mixtures, or clay and bentonite mixtures shall not be used to contain
any bulk pesticide;
(j) Temporary
operational containment or elephant rings shall not be used as secondary
containment for any bulk pesticide; and
(k) Secondary containment structures shall
include a sump or collection point for collection of spillage, leakage,
rinsate, or other residues.
1. A sump or
collection point shall not be greater than two (2) feet deep and shall not
contain more than 109 U.S. gallons.
2. A sump shall be cleaned and rinsed within
seventy-two (72) hours of use.
(3) Secondary containment structures shall
provide the following capacity:
(a) If not
roofed, the containment shall have a minimum containment volume that equals 110
percent of the capacity of the largest tank and the volume displaced by the
bases of the other tanks located within the secondary containment
structure;
(b) If roofed, the
containment shall have a minimum containment volume of 100 percent of the
capacity of the largest tank plus the volume displaced by the bases of the
other tanks located within the secondary containment structure; and
(c) If tanks are plumbed together without
valves, any connected tanks shall be considered a single tank for calculation
purposes.
(4) Basic
requirements for the secondary containment of liquid fertilizer.
(a) Secondary containment shall be provided
that meets or exceeds the requirements in subsection (2) of this
section.
(b) Secondary containment
shall be constructed to a water permeability rate of 1 x 10-6 centimeters per
second and maintained so that liquid movement through the walls and base does
not exceed a rate of 1 x 10-5 centimeters per second permeability rate. The
secondary containment structure shall be designed and maintained to withstand a
full hydrostatic head of any contained liquid.
(c) Synthetic materials or liners may be used
as secondary containment if they are compatible with the substances being
contained and are installed according to manufacturer's recommendations. These
directions and recommendations shall be maintained at the storage
facility.
(d) Earthen walls used
for secondary containment of fertilizer shall be protected against erosion.
1. Side slopes shall not exceed a three (3)
to one (1) ratio of horizontal to vertical.
2. The top width of earthen walls shall not
be less than two and one-half (2 1/2) feet.
(e) Provisions shall be made for safe
emergency access and exit to and from the secondary containment
structure.
(f) Floors shall be
constructed to allow the safe and expeditious removal of precipitation or any
spilled liquid to a collection point.
(g) A soil liner used for secondary
containment of fertilizer shall be constructed of suitable soil or soil treated
with bentonite clay or other comparable material, with a minimum depth of
twelve (12) inches, if the other requirements stated in this section are met.
The liner shall be covered by a soil or smooth aggregate layer not less than
six (6) inches thick and shall be maintained to prevent cracking or
puncture.
(h) Prefabricated
secondary containment devices shall be constructed of a rigid prefabricated
basin having both a base and walls constructed of steel, reinforced concrete,
synthetic liner, or synthetic materials that are resistant to corrosion,
puncture, or cracking.
(5) Exemptions from secondary containment.
(a) A liner shall not be required to be
installed directly under a storage container having a capacity of 100,000
gallons or more that has been constructed on site and put into use prior to
August 1998 if:
1. A second bottom made of
steel shall be constructed for the storage container. The second bottom shall
be placed over the original bottom and a layer of smooth fine gravel or coarse
sand having a minimum thickness of three (3) inches shall be installed between
the layers;
2. The original bottom
of the storage container is tested for leaks before the sand layer or second
bottom is installed. A record of the test shall be maintained at the storage
facility;
3. The newly constructed
bottom is tested for leaks before any liquid fertilizer is stored on the newly
constructed bottom. A record of the test shall be maintained at the storage
facility; and
4. There is a method
by which leaks from the newly constructed bottom into the sand layer shall be
readily detected unless the storage containers are constructed of nonferrous
materials that have a protection system in place consisting of synthetic liners
and monitoring system.
(b) The secondary containment requirements
established section shall not apply to railcars that are periodically
transferred to and from storage.
(6) A storage facility with existing
secondary containment on site and in place on August 17, 1998, shall be exempt
from this section if:
(a) All requirements
established in Section 4 of this administrative regulation are met;
(b) All requirements established in
subsection (2) of this section are met; and
(c) A minimum secondary containment capacity
of 110 percent of the largest container plus the volume displaced by the other
tanks located within the secondary containment structure exists.
Section 6. Operational
Containment for Pesticides and Liquid Fertilizer.
(1) The transfer of a pesticide or liquid
fertilizer between storage containers at a commercial facility shall be
performed within impervious operational containment designed to intercept,
retain, and recover an accidental release or leakage of rinsate and residue.
Transfer shall include:
(a) Loading
(b) Unloading;
(c) Repackaging;
(d) Impregnating;
(e) Mixing; or
(f) The cleaning of equipment.
(2) Temporary operational area
containment may be used in lieu of impervious operational containment for
loading or unloading of rail cars or barges.
(3) The basic requirements for permanent
operational containment structures for a pesticide and a liquid fertilizer
shall include:
(a) The construction and the
design of a containment structure shall be compatible with the products handled
and be maintained in a condition to retain recovered material until it is
properly disposed of or use;
(b)
Operational containment shall be constructed of reinforced concrete or other
impervious materials compatible with the products being handled;
(c) The owner or operator, to assure the
early detection of cracks and other defects that could compromise the integrity
of the operational containment structure shall conduct inspections at least
quarterly.
1. Repairable defects that occur in
an operational containment structure shall be sealed or repaired
immediately.
2. Inspections shall
be documented in a legible and accurate form;
(d) Storm water drainage shall be diverted
away from all operational containment structures;
(e) Operational containment shall include a
sump or collection point for the temporary collection of spillage, leakage,
rinsate, or other residues.
1. A sump or
collection point shall not be greater than two (2) feet deep nor contain more
than 109 U.S. gallons.
2. A sump
shall be cleaned and rinsed within seventy-two (72) hours of use;
(f) Operational containment shall
not have a relief outlet or release valve;
(g) Operational containment shall be large
enough in area to prevent spillage onto unprotected areas and to prevent any
release to the surrounding environment; and
(h) The use of underground plumbing shall be
prohibited except as established in Section 4(2)(b) of this administrative
regulation.
(4)
Operational containment shall provide that:
(a) Operational area containment for a roofed
permanent structure shall have a volume sufficient to contain a minimum of
1,000 U.S. gallons. Containment capacity of the sump shall be figured in
addition to the containment capacity of the structure; and
(b) Operational area containment for an
unroofed permanent structure shall have a volume sufficient to contain a
minimum of 1,250 U.S. gallons. Containment capacity of the sump shall be
figured in addition to the containment capacity of the structure.
(5) Temporary operational
containment may be utilized to meet the requirements of this section if:
(a) The capacity of temporary operational
containment shall not be less than 1,250 U.S. gallons; and
(b) The temporary operational containment
shall be constructed of material that shall be compatible with products handled
and a written copy of the manufacturer's installation directions, compatibility
statement, and expected life expectancy is maintained at the storage facility;
and
(c) All requirements
established in subsection (3) of this section are met.
(6) An elephant ring may be utilized to meet
the requirements of this section if a minimum capacity of twenty-five (25) U.S.
gallons is provided for the use of recovering spillage and leakage from the
transfer connections and pumps associated with the unloading of a truck, barge,
or railcar into a storage facility.
(7) A combination of an elephant ring and
concentric piping may be utilized to meet the requirements of this section if a
minimum capacity of twenty-five (25) U.S. gallons is provided for the use of
recovering spillage and leakage from the transfer connections and pumps
associated with the loading or unloading of a railcar or barge.
Section 7. Containment of Dry Bulk
Pesticides.
(1) A nonmobile storage container
for dry bulk pesticides shall be located within secondary
containment.
(2) Dry bulk pesticide
storage shall be segregated from other containment areas and be segregated by a
six (6) inch curb of an area that extends at least two (2) feet beyond the
perimeter of the walls of the storage container.
Section 8. Dry Bulk Fertilizer Storage and
Handling.
(1) Dry bulk fertilizer material
shall be stored and handled using best management practices.
(2) Dry bulk fertilizer shall be stored
inside a structure or device having a cover or rooftop, sidewalls and base
sufficient to prevent contact with precipitation and surface waters.
(3) The loading, unloading, mixing, or
handling of dry bulk fertilizer, unless performed in the field of application,
shall be conducted in a manner to provide for the collection and reuse of any
spilled fertilizer.
Section
9. Containment Management.
(1) A
pesticide, fertilizer, pesticide residue, fertilizer residue, or rinsate
recovered from secondary or operational containment shall be field applied at
agronomic rates, used in a liquid mixing operation, or otherwise recycled or
disposed of in accordance with the product label.
(a) A pesticide residue or rinsate that is to
be land applied shall be handled in accordance with the product
labels.
(b) Rinsates may be used to
make up the total spray mixture if the mixture does not exceed the pesticide
label application rates.
(2) Best management practices shall be used
to keep rinsate and other recovered material segregated by compatible
uses.
(3) Uncontaminated
precipitation collected shall be discharged from containment areas.
Contaminated precipitation shall be field applied pursuant to subsection (1) of
this section.
(4) Recovered or
rinsate material collected in a containment system shall not be considered a
hazardous waste unless it is determined that the rinsate or other recovered
material cannot be applied to a labeled target area.
Section 10. Distribution.
(1) Sale by weight or meter shall be the
approved method of resale for pesticides and fertilizer. Both methods shall
meet the specifications, tolerances, and other technical requirements for
weighing and measuring devices as determined by the Kentucky Department of
Agriculture.
(2) A separate meter
shall be required for each product distributed for sale if the product is sold
through a meter.
Section
11. Incorporation by Reference.
(1) The "Pesticide and/or Fertilizer Bulk
Storage Facilities Registration form", October 2019 is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Kentucky Department of Agriculture, Division of Pesticide Regulation,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
217B.050(1)