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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