Design Requirements for Agrichemical Facilities

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 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 × 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. AUTHORITY: sections 644.026 and 644.036, RSMo 2016.* Original rule filed July 15, 1991, effective Jan. 13, 1992. Amended: Filed Aug. 1, 2016, effective April 30, 2017. Amended: Filed June 15, 2018, effective Feb. 28, 2019. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014 and 644.036, RSMo 1972, amended 1973, 2000, 2002, 2006, 2009, 2011.