Bill Text: IA HF2216 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act providing for the regulation of anhydrous ammonia containers, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-11 - Subcommittee, Klein, Hanson, and Holz. H.J. 215. [HF2216 Detail]

Download: Iowa-2015-HF2216-Introduced.html

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House File 2216 - Introduced




                                 HOUSE FILE       
                                 BY  BEARINGER

                                      A BILL FOR

  1 An Act providing for the regulation of anhydrous ammonia
  2    containers, and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  200.20A  Anhydrous ammonia
  1  2 containers.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  (1)  "Container" means a tank used for transporting or
  1  6 storing anhydrous ammonia.
  1  7    (2)  "Container" does not include a pressure vessel having
  1  8 one thousand pounds of water capacity or less, if constructed
  1  9 in accordance with specifications for cylinders and authorized
  1 10 for transportation by the United States department of
  1 11 transportation under 49 C.F.R. pts. 100=180.
  1 12    b.  "Nurse tank" means a container having a capacity of
  1 13 three thousand gallons or less, if the container is used for
  1 14 transporting anhydrous ammonia containing two=tenths of one
  1 15 percent water and the anhydrous ammonia is exclusively used for
  1 16 application on land for agricultural purposes.
  1 17    2.  Except as otherwise provided in this section, a  container
  1 18 shall only be pressured using ammonia vapor.
  1 19    3.  A container may be pressured by pneumatic pressure during
  1 20 testing.
  1 21    4.  A container employed in an industrial use process system,
  1 22 including but not limited to a system used for refrigerated
  1 23 storage, water treatment, pollution control, or heat treatment,
  1 24 may be pressured using inert gases, including nitrogen,
  1 25 provided industry=accepted and documented precautions are
  1 26 taken.
  1 27    5.  Upon discovery or subsequent to servicing, air or other
  1 28 system inerts shall be promptly purged from a container by
  1 29 using industry=accepted and documented precautions.
  1 30    6.  A nurse tank that was manufactured using a postweld
  1 31 heat treatment method may be pressured with a nonammonia
  1 32 source. On and after January 1, 2017, a nurse tank shall not be
  1 33 manufactured in this state, and shall not be imported for use
  1 34 in this state, unless the postweld heat treatment manufacturing
  1 35 method has been used.
  2  1    7.  The department of agriculture and land stewardship shall
  2  2 adopt rules required to implement, administer, and enforce this
  2  3 section.
  2  4                           EXPLANATION
  2  5 The inclusion of this explanation does not constitute agreement with
  2  6 the explanation's substance by the members of the general assembly.
  2  7    BILL.  This bill provides for the department of agriculture
  2  8 and land stewardship's regulation of containers used to
  2  9 transport or store anhydrous ammonia, including a nurse tank
  2 10 having a capacity of 3,000 gallons or less and used for
  2 11 applying anhydrous ammonia on agricultural land.  The bill
  2 12 requires that a container be pressured using ammonia vapor, but
  2 13 includes a number of exceptions.  A container may be pressured
  2 14 by pneumatic pressure during testing.  An industrial container
  2 15 may be pressured using an inert gas, including nitrogen.
  2 16 Upon discovery of an inert gas, a container must be promptly
  2 17 purged. A nurse tank that was manufactured using a postweld
  2 18 heat treatment method may be pressured with a nonammonia
  2 19 source. On and after January 1, 2017, a nurse tank shall not be
  2 20 manufactured or imported for use in this state unless it has
  2 21 been manufactured using the postweld heat treatment method.
  2 22    RULEMAKING ==== BACKGROUND.  The bill requires the department
  2 23 to adopt rules necessary to administer and enforce its
  2 24 provisions. The department is authorized to adopt rules
  2 25 regulating anhydrous ammonia under Code section 200.14.  On
  2 26 August 11, 2015, the administrative rules review committee
  2 27 voted to delay the effective date of such a rule until the end
  2 28 of the 2016 legislative session (ARC 2059C which is codified
  2 29 in 21 IAC 43.6).  That rule in part adopts the sixth edition
  2 30 of the publication entitled "Requirements for the Storage and
  2 31 Handling of Anhydrous Ammonia", published by the compressed
  2 32 gas association, including revised standard 5.10.3 requiring
  2 33 containers be pressured with ammonia vapor, but exempting
  2 34 pneumatic pressure testing and industrial use process systems
  2 35 that use an inert gas such as nitrogen.  The publication
  3  1 also requires that upon discovery or subsequent to servicing
  3  2 a container, system inerts must be promptly purged using
  3  3 industry=accepted documented precautions.  The revised standard
  3  4 as adopted by the department does not exempt nurse tanks.
  3  5    CRIMINAL PENALTY.  Generally, a person who violates the
  3  6 bill's provisions is guilty of a simple misdemeanor (Code
  3  7 section 200.18). A simple misdemeanor is punishable by
  3  8 confinement for no more than 30 days or a fine of at least $65
  3  9 but not more than $625 or by both.
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