Mo. Code Regs. tit. 10 § 10-6.255
Current through Register Vol. 50, No. 1, January 2, 2025
Section 10 CSR 10-6.255 - [Effective 2/28/2025] Chemical Accident Prevention for Agricultural Anhydrous AmmoniaPURPOSE: This rule defines the Agricultural Anhydrous Ammonia Program and the requirements of facilities which are subject to this program in the state of Missouri.
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. (A) This rule shall apply throughout Missouri to agricultural anhydrous ammonia facilities, which includes retail agricultural anhydrous ammonia facilities, and distributor or terminal agricultural anhydrous ammonia facilities.(B) The methods of ANSI/CGA G-2.1-2023, Requirements for the Storage and Handling of Anhydrous Ammonia (Seventh Edition), as published February 14, 2023, by the Compressed Gas Association (CGA) are hereby incorporated by reference. Copies of ANSI/CGA G-2.1-2023, Requirements for the Storage and Handling of Anhydrous Ammonia (Seventh Edition), can be obtained from the American National Standards Institute (ANSI), 1899 L Street, 11th Floor, Washington, DC 20036. This rule does not incorporate any subsequent amendments or additions.(C) Unless otherwise noted in subsections (1)(D) or (3)(A) of this rule, the provisions of 40 CFR 68, promulgated as of July 1, 2023, are hereby incorporated by reference as published by the U.S. Government Publishing Office, available at http://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S. Government Publishing Office, PO Box 797050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions.(D) Exceptions. 1. Changes to 40 CFR 68 as described in subsection (3)(A) of this rule apply.2. The provisions of 40 CFR 68.120 are not incorporated by reference in subsection (1)(C) of this rule.3. Agricultural anhydrous ammonia facilities that also use, store, or sell anhydrous ammonia that does not meet the definition of agricultural anhydrous ammonia are only subject to this rule for the agricultural anhydrous ammonia that is used, stored, or sold at the facility. The anhydrous ammonia that is used, stored, or sold at the facility that is not agricultural anhydrous ammonia is not regulated by this rule.(2) Definitions. (A) Definitions for key words and phrases used in this rule may be found in 40 CFR 68.3 as incorporated by reference in subsection (1)(C) of this rule.(B) Agricultural anhydrous ammonia-Anhydrous ammonia intended to be used as fertilizer or in the manufacturing of fertilizer.(C) Agricultural anhydrous ammonia facility - A stationary source facility that uses, stores, or sells agricultural anhydrous ammonia that meets the threshold quantity of ten thousand (10,000) lbs. as listed in Table 2 of 40 CFR 68.130, which is incorporated by reference in subsection (1)(C) of this rule. This includes but is not limited to retail agricultural anhydrous ammonia facilities and distributor or terminal agricultural anhydrous ammonia facilities.(D) Distributor or terminal agricultural anhydrous ammonia facility - Any facility that is subject to a risk management plan (RMP) Program 3 under 40 CFR 68, which is incorporated by reference in subsection (1)(C) of this rule, and that - 1. Provides agricultural anhydrous ammonia to retail agricultural anhydrous ammonia facilities; or2. Uses anhydrous ammonia in the manufacture of a fertilizer.(E) Fertilizer-Includes any organic or inorganic material of natural or synthetic origin which is added to soil, soil mixtures, or solution to supplement nutrients and contains one (1) or more essential plant nutrients.(F) Retail agricultural anhydrous ammonia facility - An agricultural anhydrous ammonia facility that sells agricultural anhydrous ammonia to end users or applies agricultural anhydrous ammonia to agricultural fields for a fee. Farmers who hold agricultural anhydrous ammonia solely for their own use as a nutrient fertilizer are excluded from this definition.(3) General Provisions (A) The following changes to 40 CFR 68, which is incorporated by reference in subsection (1)(C) of this rule, apply: 1. The term "agricultural anhydrous ammonia facility" as defined in section (2) of this rule shall replace the term "stationary source" anywhere it appears in 40 CFR 68.2. The term "recognized and generally accepted good engineering practices" as it appears in any of the provisions of 40 CFR 68 listed in subparagraphs (3)(A)2.A.-(3)(A)2.D. of this rule shall be replaced by the following clause: ANSI/ CGA G-2.1-2023 Requirements for the Storage and Handling of Anhydrous Ammonia (Seventh Edition), which is incorporated by reference in subsection (1)(B) of this rule. Alternative codes and specifications may be allowed if demonstrated to be equivalent to or safer than these requirements, and such demonstration is approved in advance by the director. A.40 CFR 68.48(b), regarding process design.B.40 CFR 68.56(d), regarding inspection and testing of process equipment.C.40 CFR 68.65(d)(2), regarding documentation of information pertaining to the process equipment.D.40 CFR 68.73(d)(2), regarding inspection and testing of mechanical integrity of the process equipment listed in 40 CFR 68.73(a).(B) Risk Management Plan (RMP) Requirements. RMPs shall be submitted to EPA and made available during inspection visits conducted by the department staff.(C) Registration and Fees. 1. Each retail agricultural anhydrous ammonia facility is subject to an annual registration fee of two hundred dollars ($200), and an annual tonnage fee of one dollar and twenty-five cents ($1.25) per ton of agricultural anhydrous ammonia sold or used by the retail agricultural anhydrous ammonia facility.2. Each distributor or terminal agricultural anhydrous ammonia facility is subject to an annual registration fee of five thousand dollars ($5,000). These entities are not subject to an annual tonnage fee.3. Each facility will pay initial fees on March 31, 2025, for tonnage and registration for the calendar years 2023-2024.4. In calendar years 2026 and beyond, fees are due on March 31 each year for the previous calendar year's tonnage and registration.(4) Reporting and Record Keeping. All reporting and recordkeeping provisions found in 40 CFR 68, which is incorporated by reference in subsection (1)(C) of this rule, including the applicable changes listed in subsection (3)(A) of this rule, apply.(5) Test Methods. Testing shall be conducted in a manner consistent with ANSI/CGA G-2.1-2023 Requirements for the Storage and Handling of Anhydrous Ammonia (Seventh Edition), which is incorporated by reference in subsection (1)(B) of this rule. Alternative test methods may be allowed if demonstrated to be equivalent to or safer than these requirements, and such demonstration is approved in advance by the director.Adopted by Missouri Register January 2, 2025/volume 50, Number 01, effective 2/28/2025.