House
File
2216
-
Introduced
HOUSE
FILE
2216
BY
BEARINGER
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
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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
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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
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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.
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