Senate File 2135 - Introduced SENATE FILE 2135 BY SCHOENJAHN A BILL FOR An Act providing for the regulation of anhydrous ammonia 1 containers, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5440XS (6) 86 da/nh

S.F. 2135 Section 1. NEW SECTION . 200.20A Anhydrous ammonia 1 containers. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. (1) “Container” means a tank used for transporting or 5 storing anhydrous ammonia. 6 (2) “Container” does not include a pressure vessel having 7 one thousand pounds of water capacity or less, if constructed 8 in accordance with specifications for cylinders and authorized 9 for transportation by the United States department of 10 transportation under 49 C.F.R. pts. 100-180. 11 b. “Nurse tank” means a container having a capacity of 12 three thousand gallons or less, if the container is used for 13 transporting anhydrous ammonia containing two-tenths of one 14 percent water and the anhydrous ammonia is exclusively used for 15 application on land for agricultural purposes. 16 2. Except as otherwise provided in this section, a container 17 shall only be pressured using ammonia vapor. 18 3. A container may be pressured by pneumatic pressure during 19 testing. 20 4. A container employed in an industrial use process system, 21 including but not limited to a system used for refrigerated 22 storage, water treatment, pollution control, or heat treatment, 23 may be pressured using inert gases, including nitrogen, 24 provided industry-accepted and documented precautions are 25 taken. 26 5. Upon discovery or subsequent to servicing, air or other 27 system inerts shall be promptly purged from a container by 28 using industry-accepted and documented precautions. 29 6. A nurse tank that was manufactured using a postweld 30 heat treatment method may be pressured with a nonammonia 31 source. On and after January 1, 2017, a nurse tank shall not be 32 manufactured in this state, and shall not be imported for use 33 in this state, unless the postweld heat treatment manufacturing 34 method has been used. 35 -1- LSB 5440XS (6) 86 da/nh 1/ 3

S.F. 2135 7. The department of agriculture and land stewardship shall 1 adopt rules required to implement, administer, and enforce this 2 section. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 BILL. This bill provides for the department of agriculture 7 and land stewardship’s regulation of containers used to 8 transport or store anhydrous ammonia, including a nurse tank 9 having a capacity of 3,000 gallons or less and used for 10 applying anhydrous ammonia on agricultural land. The bill 11 requires that a container be pressured using ammonia vapor, but 12 includes a number of exceptions. A container may be pressured 13 by pneumatic pressure during testing. An industrial container 14 may be pressured using an inert gas, including nitrogen. 15 Upon discovery of an inert gas, a container must be promptly 16 purged. A nurse tank that was manufactured using a postweld 17 heat treatment method may be pressured with a nonammonia 18 source. On and after January 1, 2017, a nurse tank shall not be 19 manufactured or imported for use in this state unless it has 20 been manufactured using the postweld heat treatment method. 21 RULEMAKING —— BACKGROUND. The bill requires the department 22 to adopt rules necessary to administer and enforce its 23 provisions. The department is authorized to adopt rules 24 regulating anhydrous ammonia under Code section 200.14. On 25 August 11, 2015, the administrative rules review committee 26 voted to delay the effective date of such a rule until the end 27 of the 2016 legislative session (ARC 2059C which is codified 28 in 21 IAC 43.6). That rule in part adopts the sixth edition 29 of the publication entitled “Requirements for the Storage and 30 Handling of Anhydrous Ammonia”, published by the compressed 31 gas association, including revised standard 5.10.3 requiring 32 containers be pressured with ammonia vapor, but exempting 33 pneumatic pressure testing and industrial use process systems 34 that use an inert gas such as nitrogen. The publication 35 -2- LSB 5440XS (6) 86 da/nh 2/ 3

S.F. 2135 also requires that upon discovery or subsequent to servicing 1 a container, system inerts must be promptly purged using 2 industry-accepted documented precautions. The revised standard 3 as adopted by the department does not exempt nurse tanks. 4 CRIMINAL PENALTY. Generally, a person who violates the 5 bill’s provisions is guilty of a simple misdemeanor (Code 6 section 200.18). A simple misdemeanor is punishable by 7 confinement for no more than 30 days or a fine of at least $65 8 but not more than $625 or by both. 9 -3- LSB 5440XS (6) 86 da/nh 3/ 3