Chapter 901:5-2 Fertilizer Storage and Handling

901:5-2-01 Definitions.

As used in rules 901:5-2-01 to 901:5-2-11 of the Administrative Code:

(A) "ASTM A 53" means the American society for testing and materials ("ASTM international") standard number A 53, November, 2005, containing standard specification for pipe, steel, black and hot-dipped, zinc-coated, welded and seamless, published by ASTM international, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959.

(B) "ASTM A 312" means the American society for testing and materials ("ASTM international") standard number A 312, May, 2006, containing standard specification for seamless, welded, and heavily cold worked austenitic stainless steel pipes.

(C) "ASTM D 2241-05" means the American society for testing and materials ("ASTM international") standard number D 2241-05, August, 2005, containing standard specification for polyvinyl chloride (PVC) pressure-rated pipe.

(D) "ASTM D 3350-05" means the American society for testing and materials ("ASTM international") standard number D 3350-05, October, 2005, containing standard specification for polyethylene plastics pipe and fittings materials.

(E) "ASTM F 442" means the American society for testing and materials ("ASTM international") standard number F 442, November, 2005, containing standard specification for chlorinated polyvinyl chloride (CPVC) plastic pipe.

(F) "ASTM F 714-05" means American society for testing and materials ("ASTM international") standard number F 714-05, April, 2005, containing standard specification for polyethylene plastic pipe based on outside diameter.

(G) "ASTM F 2164-02" means American society for testing and materials ("ASTM international") standard number F 2164-02, April, 2002, containing standard practice for field leak testing of polyethylene (PE) pressure piping systems using hydrostatic pressure.

(H) "NIST" means the "National institute of standards and technology" 100 Bureau Drive, Stop 1070, Gaithersburg, MD 20899-1070.

(I) "API 650 standard" means the American petroleum institute standard number 650; tenth edition, November , 1998, containing standards for the design and construction of welded steel tanks for oil storage, published by the "American Petroleum Institute, 1220 L. Street, Northwest, Washington, D.C. 20005-4070 .

(J) "API 653 standard" means the American petroleum institute standard number 653; tenth edition, November, 1998, containing standards for the alteration or reconstruction of welded steel tanks for oil storage.

(K) "Authorized inspector" means an employee of an authorized inspection agency who is certified by the American petroleum institute under appendix D - authorized inspector certification, of the API 653 standard.

(L) "Authorized inspection agency" means:

(1) An insurance company licensed in the state of Ohio to write property and liability insurance for owners of permanent storage vessels erected on site;

(2) An independent organization that contracts for inspection services on permanent storage vessels erected on site; and

(3) Any governmental entity having regulatory authority over permanent storage vessels erected on site.

(4) An owner or operator of a permanent storage vessel erected on site that has on staff an authorized inspector who has autonomous authority within the organization in the performance of his duties as an authorized inspector.

(M) "Appurtenances" means plumbing, pumps, valves, gauges, fittings, seals, hoses, metering devices, mixing containers, and portable manufacturing units which are connected to a permanent storage vessel, or which are used to transfer bulk liquid fertilizer into or out of a permanent storage vessel.

(N) "Baseline inspection" means an internal and external inspection done in accordance with the API 653 standard establishing the condition of a permanent storage vessel erected on site and used to determine the vessel's suitability for the storage of liquid fertilizer.

(O) "Dimension ratio" or "DR" means the dimension ratio is equal to the average outside diameter divided by minimum wall thickness.

(P) "Director" means the director of the Ohio department of agriculture or an authorized representative .

(Q) "Discharge" means the unintentional spilling or leaking, without regard to cause, of bulk liquid fertilizer outside a secondary containment facility; and the unintentional spilling or leaking, due to a mechanical or structural failure within a secondary containment facility.

(R) "Generally accepted engineering standards and practices" means the usual and customary principles and methods employed by engineers for the analysis, design and construction of permanent storage vessels and piping systems. Such standards and practices shall include, where applicable, the standards of American petroleum institute, American water works association, plastic pipe institute, American society of mechanical engineers, American society for testing and materials international, and American national standards institute.

(S) "Erected on site" means the construction or reconstruction of a permanent storage vessel at the site where it is in use.

(T) "Liquid fertilizer" means any fluid containing plant nutrients used to improve the quality or quantity of plant growth but does not include anhydrous ammonia.

(U) "Hydrostatic Testing" means testing for leaks by pressurizing the piping with water or fertilizer at a pressure higher than normal operating pressure.

(V) "Permanent storage vessel" means a tank having a capacity of more than five thousand gallons or a combination of tanks at one location having an aggregate capacity of more than five thousand gallons, used or intended to be used for storage of liquid fertilizer for more than an aggregate of thirty days in any calendar year.

(W) "Pit storage" means any structure used for the storage of bulk liquid fertilizer which uses an impermeable lining material and earthen walls, in the form of a pit, trench, dike, or other excavation, either alone or in conjunction with any other structure, to store bulk liquid fertilizer.

(X) "Secondary containment facility" means a permanent dike enclosing the area around one or more permanent storage vessels, for the purpose of containing within its perimeter the contents of the permanent storage vessel in the event of a discharge and includes the surface area enclosed within the dike.

(Y) "Standard dimension ratio" or "SDR" means the dimension ratio is equal to the average outside diameter divided by minimum wall thickness.

(Z) "Storage facility" means any premises where one or more permanent storage vessels are located.

R.C. 119.032 review dates: 11/09/2011 and 11/09/2016
Promulgated Under: 119.03
Statutory Authority: 905.44 , 905.40
Rule Amplifies: 905.31
Prior Effective Dates: 1/1/91, 11/12/01

901:5-2-02 Compliance with design requirements.

After the effective date of rules 901:5-2-01 to 901:5-2-08 of the Administrative Code:

(A) No person shall construct or cause to be constructed any new permanent storage vessel unless:

(1) The plans and specifications for the secondary containment facility have first been approved by the director of agriculture;

(2) It meets the design requirements of paragraph (A) of rule 901:5-2-03 of the Administrative Code;

(3) It is sited within a secondary containment facility which meets the design requirements of paragraph (C) of rule 901:5-2-03 of the Administrative Code;

(4) It complies with all applicable zoning regulations, building standards, and fire codes.

(B) The director shall notify each applicant within thirty days after receipt of the construction plans for new storage vessels as to approval or disapproval of the submitted construction plans;

(C) All permanent storage vessels, appurtenances, and secondary containment facilities either existing or under construction at the effective date of rules 901:5-2-01 to 901:5-2-07 of the Administrative Code shall meet the requirements of paragraphs (A)(2) and (A)(3) of this rule by January 1, 1996;

(D) No person shall put any newly constructed permanent storage vessel into service, or continue in service past January 1, 1996 any permanent storage vessel either existing or under construction at the effective date of these rules unless the permanent storage vessel, its appurtenances and secondary containment facilities meet the requirements of paragraphs (A)(2) and (A)(3) of this rule;

(E) No person shall continue in service any pit storage structure past January 1, 1996 unless it meets all of the following:

(1) It is constructed with a second impermeable lining material between the earthen walls, the ground, and the impermeable material in direct contact with the liquid fertilizer;

(2) It is constructed with a tiled drainage field between the second impermeable liner and the impermeable liner in direct contact with the liquid fertilizer, and the drain field empties into a sump equipped with a pump;

(3) The pump automatically empties the sump and either returns any leakage to the pit or to a tank built to the same standards required for primary storage vessels.

(F) No person shall construct or cause to be constructed any new pit storage facilities. Any pit storage structures remaining in service under paragraph (E) of this rule will be taken out of service permanently at the end of the useful life of the current primary liner.

R.C. 119.032 review dates: 05/17/2013 and 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 1/1/1991, 9/16/1991

901:5-2-03 Design requirements - bulk liquid fertilizer storage.

(A) Permanent storage vessels:

(1) Shall be constructed entirely of materials recommended by the manufacturer or specified in applicable standards for use with the type of liquid to be stored in the vessel;

(2) Shall be designed according to generally accepted engineering standards and practices for liquid storage vessels and shall take into consideration the full hydrostatic head pressure, pressure buildup from pumps and compressors, and other mechanical stresses to which the storage vessel may be subject in the foreseeable course of operation;

(3) Shall be equipped with a lockable liquid level gauging device unless another means of reliably and readily measuring the liquid level of the vessel has been approved by the director;

(4) Shall be secured as necessary to prevent flotation or instability as a result of liquid accumulation within the secondary containment facility;

(5) Shall have stenciled on them in a location clearly visible in letters no less than four inches in height the design capacity of the vessel and the identity of its contents;

(6) Shall be equipped with a lockable shutoff valve.

(B) Appurtenances of permanent storage vessels:

(1) All appurtenances necessary for loading and unloading shall be located within a secondary containment facility or have their own means of secondary containment; except hoses and permanent above-ground piping meeting the requirements of paragraphs (C)(1)(a) to (C)(1)(e) of rule 901:5-2-11 of the Administrative Code. However, the pipe specified in paragraph (C)(1)(e) of rule 901:5-2-11 of the Administrative Code does not have to be coated and wrapped.

(2) All hoses used for loading and unloading shall be equipped with shut-off valves at each end;

(3) All pipes and hoses shall be adequately supported to prevent sagging and shall be protected against risk of damage by vehicles engaged in loading and unloading;

(4) All appurtenances shall be made entirely of materials recommended by the manufacturer or specified in applicable standards for use with the type of liquid they will carry and the type of materials used in the vessels and other appurtenances.

(C) Secondary containment facilities for permanent storage vessels:

(1) Shall have a volumetric capacity of not less than ten per cent greater than the volume of the largest storage vessel within the secondary containment facility. Volumetric capacity shall be calculated by multiplying the surface area enclosed by the dike by the height of the dike minus the volume of the portions of the other permanent storage vessels within the dike which would be submerged;

(2) The base of any permanent storage vessel over fifteen feet in height shall be no less than four feet from the inside base of the secondary containment facility dike;

(3) The dike and surface area enclosed within it shall be constructed of materials compatible with the material they are to contain, be designed to withstand a full hydrostatic head of any discharged liquids, have a resistance to vertical and horizontal liquid movement that does not exceed a rate of 1 x 10-5 centimeters per second (thirty-five hundredths of an inch per day) for the liquids they are to contain and have no open drains.

(D) Notwithstanding the provisions of rule 901:5-2-02 of the Administrative Code, an owner of a permanent storage vessel existing on the effective date of this rule, other than one erected on site, which is located on a farm shall have until January 1, 2007 to comply with the requirements of paragraphs (C)(1), (C)(2), and (C)(3) of this rule.

R.C. 119.032 review dates: 11/09/2011 and 11/09/2016
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.40
Prior Effective Dates: 1/1/91, 11/12/01

901:5-2-04 Inspection, maintenance alteration, repair and reconstruction.

(A) Every owner of one or more permanent storage vessels shall:

(1) Once each week:

(a) Check all liquid level gauging equipment to ensure it is functioning properly;

(b) Check roof drains for obstructions;

(c) Check vents and pressure-relief devices for obstructions;

(d) Check electrical grounding lines and connections for integrity;

(e) Visually inspect the dike of the secondary containment facility for erosion, cracks and deterioration;

(f) Check and record the liquid level of each permanent storage vessel when it contains any product;

(2) Once each month:

(a) Visually inspect all exterior surfaces, welds, rivets/bolts, and foundations of permanent storage vessels;

(b) Inventory all spill control equipment and emergency response equipment.

(3) Once every twelve months, for vessels built to the API 650 standard, inspect the exterior of storage vessels in accordance with the API 653 inspection check list, or if the vessel is built to exceed the API 650 standard, in accordance3 with the inspection protocols and standards submitted pursuant to paragraph (A)(1)(b)(ii) of rule 901:5-2-10 of the Administrative Code:

(4) For permanent storage vessels other than those erected on site, once every five years inspect the interior of the storage vessel in accordance with the API 653 inspection checklist.

(5) For permanent storage vessels equipped with a bladder, the bladder shall be inspected:

(a) Within two years of the effective date of this rule if the bladder was installed prior to the effective date of this rule, and every five years thereafter; or,

(b) For bladders installed after the effective date of this rule, two years after installation and every five years thereafter;

(c) Notwithstanding paragraphs (A)(5)(a) and (A)(5)(b) of this rule, whenever a bladder is repaired, altered, or replaced it shall be inspected two years after repair, alteration, or replacement and every five years thereafter.

(B) Every owner of one or more permanent storage vessels shall:

(1) Maintain the permanent storage vessels, secondary containment facilities, and hoses, pipes, and fittings to the extent necessary to ensure they are free from rust, corrosion, galling, cracking, or any other structural deterioration or damage which affects their strength or watertight integrity. All valves, pumps and other mechanical appurtenances shall be maintained in working order;

(2) Grade and drain permanent storage vessel foundations to insure that moisture and debris do not accumulate at the base of the vessel;

(3) For all permanent storage vessels set on a concrete foundation, seal the vessel floor and foundation interface to provide a moisture barrier;

(C) All welded repairs to permanent storage vessels shall be made in accordance with the vessel's original design specifications. When the original design specifications are unknown, weld repairs shall be made in accordance with API 653 and shall comply with the impact toughness requirements of API 650;

(D) All materials used in the repairs of permanent storage vessels shall conform to the vessel's original design specifications. When the original design specifications are unknown, the repair material shall conform to the requirements of API 653 and the impact toughness requirements of API 650.

(E) All stress analysis of a permanent storage vessel done to determine the safety of a vessel shall be done using a specific gravity of 1.50 . A lower specific gravity may be used only if use of the vessel is limited to the storage of liquid fertilizers with a specific gravity which does not exceed the actual specific gravity used in the stress analysis.

(F) All permanent storage vessels erected on site that are dismantled and reconstructed at a different site shall be dismantled and reconstructed in accordance with the API 653 standard.

R.C. 119.032 review dates: 03/27/2013 and 03/27/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 1-1-91; 11-12-01; 11/21/2007

901:5-2-05 Operations.

(A) During all operations involving the transferring or mixing of liquid fertilizer carried on at a storage facility, a suitable means of containment including, but not limited to, collection pans, pads, and dikes shall be placed under each valve, coupling, and pump located outside a secondary containment facility. Each collection device must be able to contain any foreseeable leaks or spills which may occur during transferring or mixing of liquid fertilizer.

(B) An individual familiar with the operation of the mechanical appurtenances in use at the facility and familiar with the procedures to be used for control and recovery of discharges shall be present during all transfer and mixing operations.

(C) All transfer and mixing operations shall be stopped in the event a discharge occurs and may not be resumed until the cause of the discharge is corrected and all discharges are recovered.

(D) All wash water and rinsates from equipment cleaning and fertilizer handling or any other operation carried on at a storage facility shall be collected using a containment method, device, or structure adequately sized to prevent spillage onto unprotected areas. No collected liquid or material shall be discharged to any watercourse, storm sewer, field tile, or sanitary sewer. All rainwater collected within the diked area must be shown not to be in violation of current water quality standards before it can be disposed of through field tile, sewer, or any watercourse.

(E) All permanent storage vessels which are or will be out of service for more than six months due to deterioration or leaks, or out of service for more than two years for any reason shall be thoroughly cleaned, all hatches shall be left open, and valves and connections shall be severed and sealed.

(F) No permanent storage vessel shall be filled with any liquids other than those which are compatible with the materials used in the construction of the permanent storage vessel nor filled beyond the capacity for which it is designed, taking into account the density of the liquid being stored and thermal expansion during storage.

(G) Non-pressurized nurse tanks shall not be used for storage of liquid fertilizer for more than thirty consecutive days.

(H) No person shall fill or cause to be filled any permanent storage vessel which fails to meet the requirements of Chapter 901:5-2 of the Administrative Code.

R.C. 119.032 review dates: 05/17/2013 and 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 1-1-91; 11-12-01

901:5-2-06 Control and recovery of discharges.

(A) Every owner of a permanent storage vessel:

(1) Shall prepare a written discharge response plan for the storage facility. The operator shall keep the plan current at all times. A copy of the plan shall be kept readily available at the storage facility and at the nearest local office from which the storage facility is administered, and shall be available for inspection and copying by the department. The plan shall include:

(a) The identity and telephone number of the persons or agencies who are to be contacted in the event of a discharge, including persons responsible for the stored fertilizer;

(b) An identification of each type of liquid bulk fertilizer stored at the storage facility;

(c) An identification, by location, of every storage container located at the storage facility, and the type of liquid bulk fertilizer stored in each storage container;

(d) For each type of liquid bulk fertilizer stored at the facility, the procedures to be used in controlling and recovering, or otherwise responding to a discharge;

(e) Procedures to be used in disposing of a recovered discharge;

(2) Shall have available at each facility:

(a) Ready access to pumps and recovery containers of sufficient size and capacity to recover any discharges;

(b) A sufficient quantity of absorbent materials suitable for the control and cleanup of smaller discharges;

(3) Shall train a suitable number of persons employed at the facility in discharge response procedures in accordance with the plan required under paragraph (A) of this rule.

(B) Discharges at a storage facility shall be promptly recovered, to the maximum extent practical. Pumps, recovery equipment, and recovery containers shall be readily available.

(C) Spills which occur outside containment structures shall be reported by telephone to the national response center and the Ohio environmental protection agency office of emergency management immediately after the discharge is discovered. All applicable local, state, and federal spill reporting requirements shall be met.

R.C. 119.032 review dates: 05/17/2013 and 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 1-1-91; 11-12-01

901:5-2-07 Required records.

(A) The following records shall be prepared and maintained on file at every storage facility, or at the nearest local office from which the storage facility is administered:

(1) A record of all discharges at the storage facility, including the date and time of discharge, the type of liquid bulk fertilizer discharged, the volume of the discharge, the cause of the discharge, any action taken to control or recover the discharge, and the method of disposal of any recovered discharge. The discharge record shall be completed on the day the discharge is discovered and shall be promptly updated to show measures taken to control, recover, use, or dispose of the discharge;

(2) A record of the liquid level of each permanent storage vessel measured in compliance with paragraph (A)(1)(f) of rule 901:5-2-04 of the Administrative Code;

(3) A record of all repairs and maintenance work performed on each permanent storage vessel and secondary containment facility. The record shall note the date and nature of the repair or maintenance work done.

(B) In addition to the records required under paragraph (A) of this rule; whenever a permanent storage vessel erected on site, its appurtenances or secondary containment facility , is evaluated, altered, or reconstructed the following information shall be made a part of the record maintained at the storage facility or the nearest local office from which the storage facility is administered.

(1) Calculations used for:

(a) Component evaluation for integrity including brittle fracture considerations;

(b) Re-rating of tank capacities (including liquid levels); and,

(c) Repair and alteration considerations.

(2) Construction and repair drawings.

(3) Any additional support data used, including but not limited to:

(a) Inspections (including component thickness readings);

(b) Material test reports/certification;

(c) Tests performed/results;

(d) Radiographs;

(e) Brittle fraction considerations;

(f) Original tank construction data;

(g) Location and identification;

(h) Description of the tank (diameter, height);

(i) Design conditions (liquid level, specific gravity, allowable stress, unusual design load);

(j) Shell material and thickness by course;

(k) Tank perimeter evaluations;

(l) Construction completion record;

(m) Basis for hydrostatic test exemption.

(C) All records required by this rule shall be maintained for a period of five years.

(D) The owner of an underground piping system shall maintain the following records for the life of the piping system and make them available for inspection and copying by the department upon request. The records shall include:

(1) Type of pipe and design or working pressure;

(2) Method for blinding off the test section and air bleed method, if applicable;

(3) A record of each hydrostatic test conducted, which shall include all of the following:

(a) The name of the system's owner and operator;

(b) The location address of the system;

(c) The name and business address of the person performing the hydrostatic test;

(d) The date, start and stop times for each test;

(e) The identity of each specific pipe on which said test is performed;

(f) Test pressures and adjustments made during test;

(g) Length of each pipe tested;

(h) Amount of pressure lost;

(i) Damage caused by test and location of damage;

(j) Type of liquid used; and

(k) Proof of calibration of test gauge.

(4) A label shall be kept adjacent to the pressure application tap, which shall show the:

(a) Test interval required (i.e. twice per calendar year, at a minimum of six month intervals); and

(b) The hydrostatic test pressure.

R.C. 119.032 review dates: 11/09/2011 and 11/09/2016
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.40
Prior Effective Dates: 1/1/91, 11/12/01

901:5-2-08 Dry fertilizer storage and handling.

(A) Dry fertilizer materials and nonliquid fertilizer shall, if stored for more than thirty days in any calendar year, be stored inside a structure or device having a roof or cover, sidewalls, and a base sufficiently impermeable to prevent contact with precipitation and surface water.

(B) Dry fertilizer materials and nonliquid fertilizer stored for thirty days or less in any calendar year may be stored outdoors provided they are placed on a ground cover sufficiently impermeable to prevent contact with precipitation and surface water and completely covered with a waterproof tarpaulin.

R.C. 119.032 review dates: 05/17/2013 and 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 1/1/91

901:5-2-09 Existing permanent storage vessels erected on site.

(A) Neither the owner nor any other person shall use a permanent storage vessel erected on site and existing on the effective date of this rule to hold liquid fertilizer unless the provisions of this rule have been complied with.

(B) Owners of existing permanent storage vessels erected on site shall, no later than January 1, 2003, have a baseline inspection done on each vessel by an authorized inspector to determine if the vessels comply with the API 650 standard.

(1) The baseline inspection report for each exsisting permanent storage vessel erected on site that complies with the API 650 standard shall be kept on the property where the vessel is located.

(2) The baseline inspecton report for each exsisting permanent storage vessel erected on site that does not comply with the API 650 standard shall be kept on the property where the vessel is located. The owner shall also notify the department of agriculture of the non-compliance and provide the department with a copy of the baseline inspection report.

(C) Owners of an existing permanent storage vessel erected on site that does not comply with the API 650 standard shall not continue to use the vessel for the storage of liquid fertilizer unless within sixty days of date of issuance of the base line inspection report:

(1) They obtain written verification from an authorized inspector stating that, based upon generally accepted engineering standards and practices, the vessel is safe to continue to be used in its present condition for the storage of liquid fertilizer; or,

(2) They obtain written verification from an authorized inspector stating that, based upon generally accepted engineering standards and practices, the vessel is safe to continue in use for the storage of liquid fertilizer if the vessel is used in compliance with restrictions or limitations specified by the authorized inspector in his written verification; or,

(3) They obtain written verification from an authorized inspector listing, based upon generally accepted engineering standards and practices, the repairs or modifications that are necessary to make the vessel safe for the storage of liquid fertilizer and any measures, limitations, or restrictions which are necessary to make the vessel safe to continue in use while the vessel undergoes repair or modification.

Owners shall provide the department with a copy of each written verification issued.

(D) After the initial base line inspection is issued for an exsisting permanent storage vessel erected on site, a new base line inspection shall be done every ten years to determine compliance with this rule. If an authorized inspector determines that a shorter inspection interval is necessary, susequent base line inspections shall be conducted in accordance with that interval.

R.C. 119.032 review dates: 05/17/2013 and 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 11/12/01

901:5-2-10 New permanent storage vessels erected on site.

(A) After January 1, 2002, no person shall either erect on site or cause to be erected on site a new permanent storage vessel unless;

(1) It is built to:

(a) The API 650 standard; or

(b) Exceed the API 650 standard. If the vessel is to be built to exceed the API 650 standard, plans and specifications for the vessel shall be submitted to the director prior to installation of the vessel. The plans and specifications submitted under this section shall include documentation prepared by a professional engineer registered under Chapter 4733. of the Revised Code of the following:

(i) That the permanent storage vessel to be installed exceeds the API 650 standard; and

(ii) The inspection schedule, protocol, and standards against which the integrity of the permanent storage vessel shall be measured during those inspections over the lifetime of the vessel; and

(iii) The protocol and specifications required for proper repairs to the permanent storage vessel;

(2) The storage vessel and appurtenances meet the requirements of paragraphs (A) and (B) of rule 901:5-2-03 of the Administrative Code;

(3) It is sited within a secondary containment facility, which meets the requirements of paragraph (C) of rule 901:5-2-03 of the Administrative Code;

(4) The plans and specifications for the secondary containment facility have first been approved in accordance with rule 901:5-2-02 of the Administrative Code by the director of agriculture; and,

(5) It complies with all applicable zoning regulations, building standards, and fire codes; and, any permits required by state or federal law have been issued.

(B) The director shall notify each applicant within thirty days after receipt of the plans and specifications for the containment facility that they have either been approver or disapproved.

(C) Before the vessel may be used for liquid fertilizer storage the owner shall obtain a written verification from an authorized inspector stating that the vessel, as installed, is in compliance with the paragraph (A)(1) of this rule. The written verification shall be kept on the property where the vessel is located and a copy shall be submitted to the Ohio department of agriculture.

(D) For permanent storage vessels:

(1) Built to API 650 standards, after the date an initial written verification of compliance is issued for a new permanent storage vessel erected on site the vessel shall be reinspected every ten years in accordance with and shall comply with the requirements of:

(a) Paragraph (B) of rule 901:5-2-09 of the Administrative Code; or,

(b) If a permanent storage vessel erected on site does not meet the API 650 standard, the owner of the vessel shall obtain from the authorized inspector written verification indicating non-compliance and listing each item not in compliance with the API standard 650. The owner shall notify the department of the non-compliance and neither the owner nor any other person shall use the vessel to hold liquid fertilizer until the vessel is brought into compliance and a written verification is issued by an authorized inspector stating the vessel is in compliance with the API 650 standards. When a written verification of compliance is issued it shall be kept on the property where the vessel is located.

(2) Built to exceed API 650 standards, after the date an initial written verification of compliance is issued for a new permanent storage vessel erected on site, the vessel shall be reinspected in accordance with the schedule, protocol and standards for inspection submitted pursuant to paragraph (A)(1)(b)(ii) of this rule. If the vessel does not meet the standard to which it was built, the owner of the vessel shall obtain from the authorized inspector written verification indicating that non-compliance and listing each item not in compliance with the standard documented under paragraph (A)(1)(b) of this rule. The owner shall notify the department of the non-compliance and neither the owner nor any other person shall use the vessel to hold liquid fertilizer until the vessel is brought into compliance and a written verification is issued by an authorized inspector stating the vessel is in compliance with the standards under which it was built. When a written verification of compliance is issued it shall be kept on the property where the vessel is located.

If an authorized inspector determines that a shorter inspection interval is necessary, subsequent inspections shall be conducted in accordance with that interval.

R.C. 119.032 review dates: 03/27/2013 and 03/27/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 11-12-01; 11/21/2007

901:5-2-11 Underground piping systems for loading and unloading liquid fertilizer.

The owner or operator of an underground piping system is responsible for and shall ensure that all new underground liquid fertilizer piping systems comply with this rule and shall maintain all records required by paragraph (D) of rule 901:5-2-07 of the Administrative Code.

If the underground piping system is to be used and designed as pressure piping without secondary containment, a professional engineer must certify, by letter to the department, that the underground piping system as designed meets the following requirements:

(A) All underground piping systems in place prior to the effective date of this rule shall be permitted to continue in operation until such time that any underground component of the system requires repair, upgrade, modification or replacement, at which time the entire underground portion of the system shall comply with the requirements of this rule.

(1) All systems, whether existing or new, shall comply with this rule by January 1, 2012.

(B) The department shall be notified by the owner prior to:

(1) Beginning construction of a new liquid fertilizer underground piping system; or

(2) Conducting repair, upgrade, modification or replacement of any existing fertilizer underground piping system.

(C) All underground piping systems shall be constructed as follows:

(1) Piping is permitted without secondary containment provided that one of the following ASTM international standards are met:

(a) The piping is made of 304 or 316 stainless steel pipe per ASTM A 312 minimum schedule 10; or

(b) Chlorinated poly vinyl chloride (CPVC) plastic pipe per ASTM F 442 and the DR not to exceed 17; or

(c) High density polyethylene (HDPE) plastic pipe per ASTM D 3350-05 with a DR not to exceed 17; or

(d) Polyvinyl chloride (PVC) plastic pipe per ASTM D 2241-05 and DR not to exceed 17; or

(e) Carbon steel pipe per ASTM A 53 minimum schedule 40, coated and wrapped; or

(f) Carbon steel pipe per ASTM A 53 minimum schedule 80, unprotected.

(2) All appurtenances shall be made of materials recommended by the manufacturer or materials specified in applicable standards for the type of liquid carried.

(3) Generally accepted engineering standards and practices, as defined in paragraph (R) of rule 901:5-2-01 of the Administrative Code, shall be followed for any pipe material used. Such standards and practices shall also be followed with regard to the trench, soil, backfill, pipe design, connections, secondary containment, supports, and adaptations to facilities for hydrostatic testing.

(4) The underground piping system shall be constructed so that hydrostatic testing can be performed.

(D) Hydrostatic testing:

(1) Hydrostatic testing shall be done to ensure the integrity of any underground piping system.

(2) Hydrostatic testing shall be conducted twice per calendar year at a minimum of six month intervals; or

(3) Hydrostatic testing shall be conducted upon request of the department if the department has reason to believe that the system has been compromised.

(4) The method of hydrostatic testing for all underground piping system materials shall be ASTM F 2164-02, unless the owner or operator has certification from a professional engineer that the standard used meets or exceeds ASTM F 2164-02.

(a) If the system fails to meet the requirements set forth in ASTM F 2164-02, then the owner or operator must report said failure to the department within forty-eight hours upon finding such failure; and

(b) The system must be repaired, modified or replaced immediately.

(5) A calibrated test gauge must be used for testing.

(a) Certification of the test gauge must be traceable to the standards of NIST.

(6) The pressure application tap and pressure gauge taps for hydrostatic testing must be labeled as such.

(E) Pneumatic or pressurized air testing is prohibited.

(F) If the underground piping system does not meet the requirements as set forth in this rule secondary containment is required. Secondary containment shall be a pipe within a pipe that drains into a sump collection that can be inspected for leakage. The secondary collection and sump shall be protected against the collection of rainwater, runoff, and groundwater; and

(G) The transfer pipe must be one identified in the ASTM standards referenced in paragraphs (C)(1)(a) to (C)(1)(f) of this rule.

(H) All materials incorporated or referenced in this rule can be found in rule 901:5-2-01 of the Administrative Code.

R.C. 119.032 review dates: 11/09/2011 and 11/09/2016
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.40
Prior Effective Dates: 11/24/2006