Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule specifies the minimum standards
for the design of agrichemical facilities. It does not address all aspects of
design, and the design engineer may refer to other appropriate reference
materials so long as these minimum standards set forth in this rule are
met.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Applicability. This rule applies to all
agrichemical facilities and to the construction of new secondary and
operational containment of agrichemicals at existing facilities. All facilities
to which this rule applies shall be designed as no-discharge systems.
(2) Exceptions.
(A) The prohibition of storing bulk liquid
fertilizer in a mobile container for more than thirty (30) days shall not apply
to barges and rail cars used solely for transporting liquid fertilizer from
chemical production facilities to retail or wholesale facilities.
(B) The prohibition of burying pipes used for
transferring full strength agrichemicals shall not apply to piping used solely
for the loading and unloading of liquid fertilizer from barges and rail cars.
These pipes shall be pressure tested on a yearly basis to certify the integrity
of the pipes. Records of the pressure testing shall be kept on file at the
facility and made available to Missouri Department of Natural Resources
(department) personnel upon request.
(C) Liquid fertilizer storage tanks that were
in use prior to January 13, 1992, having a storage capacity greater than forty
thousand (40,000) gallons are exempt from the requirement of installing a liner
underneath the tank itself. Spill containment diking is required around these
tanks.
(3) Engineering
Report. An engineering report is required for all facilities required by
10 CSR
20-6.010 to submit an application for a construction
permit.
(4) Primary Containment
for Bulk Liquid Agrichemicals for new construction. Containers and
appurtenances used as the primary containment in the storage and handling of
bulk agrichemicals shall be constructed, installed, and maintained to prevent a
discharge and shall be of materials and construction compatible with the
specifications of the product stored with:
(A) Tank anchors or raised stands;
(B) For self-supporting tanks, the ability to
handle all operating stresses, hydrostatic head, pressure buildup from pumps
and compressors and any other mechanical stresses to which the containers and
appurtenances may be subject to in the foreseeable course of
operation;
(C) No external sight
gauges used with bulk pesticide storage containers;
(D) Lockable valves for bulk liquid
fertilizer containers located between the sight gauge and the storage
container;
(E) A lockable main
discharge valve ;
(F) All
appurtenances protected against damage from operating personnel and moving
vehicles and located within the secondary containment or operational
containment area;
(G) All storage
structures for bulk liquid pesticides or bulk liquid fertilizers located above
ground; and
(H) Secure transfer
hose connections.
(5)
Secondary Containment for Bulk Liquid Agrichemicals for new construction.
Secondary containment for nonmobile bulk liquid pesticides and nonmobile bulk
liquid fertilizers shall be designed to contain any spilled product to prevent
a discharge with-
(A) Containment structures
sized according to the Environmental Protection Agency's Code of Federal
Regulations,
40 CFR
165.85, published July 1, 2014. This document
shall hereby be incorporated by reference without any later amendments or
modifications. To obtain a copy, contact the U.S. Government Printing Office at
732 North Capitol Street NW, Washington, DC, 20401, toll free at (866) 512-1800
or by visiting
https://bookstore.gpo.gov;
(B) No discharge outlet or gravity drain
through the wall or floor of the containment structure;
(C) The walls and floors constructed of
material that is compatible with the specifications of the product being
stored; resistant to penetration by moisture and agrichemicals; and designed to
support the gravity load of the storage containers and any hydrostatic loads
that would result from a massive spill within the containment
structure;
(D) Expansion joints
spaced to prevent cracks from forming; sealed with a material resistant to
agrichemicals; and with water stops installed between the containment walls and
floor;
(E) A collection sump, if
needed, shall not be more than two feet (2') deep or larger than twenty (20)
cubic feet; constructed of materials that resist penetration by moisture and
agrichemicals; with a sealed connection point between the containment area
floor; and at a low point in the containment area to allow for removal of
accumulated liquids;
(F) No piping
installed through the walls or floor except for through common, interconnecting
containment walls and all piping entering and leaving the secondary containment
structure shall go up and over the containment walls;
(G) No buried transfer piping;
(H) Separation of bulk liquid pesticides and
bulk liquid fertilizers with a common wall and with no interconnecting piping;
and
(I) All auxiliary tanks for
storage of rinsate or precipitation collected in the secondary or operational
containment area located within a secondary containment structure.
(J) Earthen structures used for secondary
containment shall be designed as follows:
1.
Be constructed with a compacted soil liner or synthetic liner with a
permeability rate of 1 x 10-7 cm/sec. or less.
2. Be protected against erosion
with side slopes no steeper than three to one (3:1) and with a top width no
less than two and one-half feet (2 1/2').
(6) Nonmobile bulk dry fertilizer storage
shall be designed to-
(A) Be stored inside a
sound structure to prevent contact with precipitation with all surface water
runoff diverted away from the storage structure;
(B) Allow for all unloading, loading, mixing,
and handling of dry bulk fertilizers to be done on an operational containment
area as required in section (9) of this rule;
(C) Have an adequately sized operational
containment area to hold the volume of pesticides used and impregnation
equipment as required in section (9) of this rule;
(D) Allow for daily cleanup of the dry
fertilizer loading, unloading, mixing, and handling areas;
(E) Prevent the downward movement of
fertilizer materials and moisture through the floor with expansion joints
spaced to prevent cracks from forming and sealed with a material resistant to
agrichemicals; and
(F) Have a
mixing and loading pad constructed under any exterior transfer area of a
conveyance system.
(7)
Nonmobile bulk dry pesticide storage shall be designed to-
(A) Be stored inside a sound structure to
prevent contact with precipitation and with all surface water runoff diverted
away from the storage structure;
(B) Allow for all loading, mixing, and
handling of bulk dry pesticides to be done on an operational containment
area;
(C) Allow for daily cleanup
of the bulk dry pesticide loading, unloading, mixing, and handling
areas;
(D) Prevent the downward
movement of pesticides and moisture through the floor with expansion joints
spaced to prevent cracks from forming and sealed with a material resistant to
agrichemicals; and
(E) Have a
mixing and loading pad under any exterior transfer area of a conveyance
system.
(8) Operational
containment for bulk liquid pesticides and bulk liquid fertilizers for new
construction shall be designed to:
(A) Divert
runoff away from the operational containment area;
(B) Contain any spilled product and any
collected precipitation that comes in contact with spillage for the amount of
time needed for proper cleanup and recovery;
(C) Have a minimum volume in accordance with
the Environmental Protection Agency's Code of Federal Regulations,
40 CFR
165.85, published July 1, 2014. This document
shall hereby be incorporated by reference without any later amendments or
modifications. To obtain a copy, contact the U.S. Government Printing Office at
732 North Capitol Street NW, Washington, DC, 20401, toll free at (866)512-1800
or by visiting
https://bookstore.gpo.gov;
(D) Have a sediment trap and sump, if needed,
not more than two feet (2') deep or larger than 20 cubic feet and constructed
of materials that resist penetration by moisture and agrichemicals with a
sealed connection point between the operational containment area floor and the
sump to prevent leakage of liquids from the containment area;
(E) Extend beneath any pump, appurtenance, or
plumbing connection not located within the secondary containment area and that
is used to transfer liquid fertilizer or pesticide; and
(F) Allow for bulk repackaging containment of
agrichemicals.
(9)
Operational Containment Area for bulk dry pesticides and bulk dry fertilizers
for new construction shall be sized to-
(A)
Divert runoff away from the operational containment area;
(B) Contain any spillage of dry materials
that occurs from loading, unloading, or hauling; from spreading equipment; and
from mixing and blending equipment. Operational containment areas must also
contain precipitation that comes in contact with spillage for the amount of
time needed for proper cleanup and recovery;
(C) Individual catchment basins or portable
pans/containers may be used to satisfy the requirement for operational
containment. The individual basins or portable containers shall be placed to
catch or recover spillage and leakage from transfer connections and conveyors;
and
(D) For unloading dry
pesticides and dry fertilizers from rail cars, a catchment basin or concrete
pad that can effectively contain the dry fertilizer or pesticide shall be
used.
(10) Connection to
Water Supplies. An air gap separation or reduced pressure principle backflow
prevention assembly shall be installed in the water supply line that serves an
agrichemical facility. The air gap or backflow prevention assembly shall be
constructed, installed, and inspected in accordance with 10 CSR 60- 11.010
Prevention of Backflow.
(11)
Protection from Flooding. All agrichemical facilities shall be located so that
the agrichemicals being stored are protected from a one hundred- (100-) year
flood event.
(12) Operation and
Management of Agrichemical Facilities. Field application of rinsate and
collected precipitation is acceptable and recommended.
The secretary of state has determined that the publication
of this rule in its entirety would be unduly cumbersome or expensive. The
entire text of the material referenced has been filed with the secretary of
state. This material may be found at the Office of the Secretary of State or at
the headquarters of the agency and is available to any interested person at a
cost established by state law.
*Original authority: 644.026, RSMo 1972, amended 1973,
1987, 1993 and 644.036, RSMo 1972, amended
1973.
