Minnesota Administrative Rules

1505.3060 GENERAL REQUIREMENTS.

Subpart 1.

Establishment number.

A facility that repackages bulk pesticides must obtain a pesticide producer establishment number from the United States Environmental Protection Agency.

Subp. 2.

Exception.

A person who custom mixes pesticides for application by the person's firm only, is not required to secure a pesticide producer establishment number from the United States Environmental Protection Agency.

Subp. 3.

Storage containers and appurtenances.

A.

Storage containers and appurtenances must be constructed, installed, and maintained to prevent the release of liquid bulk pesticide. Storage containers and appurtenances must be structurally sound, resistant to changes in temperature extremes, and constructed of materials that are adequately thick to be structurally sound and that are resistant to corrosion, puncture, or cracking. Materials used in the construction or repair of storage containers and appurtenances may not be of a type that reacts chemically or electrolytically with stored bulk pesticide in a way that may weaken the storage container or appurtenance, create a risk of release, or adulterate the pesticide. Metals used for valves, fittings, and repairs on metal containers must be compatible with the metals used in the construction of the storage container, so that the combination of metals does not cause or increase corrosion that may weaken the storage container or its appurtenances, or create a risk of release. Storage containers and appurtenances must be designed to handle all operating stresses taking into account the foreseeable course of operations. Underground appurtenances are prohibited as part of a system designed and constructed for transferring bulk pesticides unless approved by the commissioner.

B.

Storage containers may only be constructed of stainless steel, fiberglass, polyethylene, ferrous metal, cross-linked polyolefin, or other commissioner-approved materials that are suitable for the stored bulk pesticide. Polyvinyl chloride tanks, fittings, and appurtenances are prohibited.

Ferrous metal tanks must have a protective lining that inhibits corrosion and does not react chemically with the stored pesticide.

Unlined ferrous metal tanks may be used only with proof of compatibility from the pesticide manufacturer.

C.

Storage container connections, except safety relief connections, must be equipped with a shutoff valve located on the storage container or at a distance from the storage container dictated by standard engineering practice and in compliance with this part. Wetted parts inside shutoff valves and connections from the storage container to the shutoff valve must be made of stainless steel.

D.

Storage containers must be equipped with a liquid level gauging device by which the level of liquid in the storage container can be readily and safely determined. A liquid level gauging device is not required if the level of the liquid in a storage container can be readily and reliably measured by other means. Liquid level gauging devices must be secured, in a safe manner, to protect against breakage or vandalism that may result in release. External sight gauges are permitted only with approval from the commissioner.

E.

Meters and scales used for the sale of bulk pesticide must be compatible with the pesticide being metered or weighed.

F.

Pipes and fittings must be adequately supported to prevent sagging and possible breakage because of gravity and other forces that may be encountered in the ordinary course of operations.

G.

Valves must be secured and of a locking type to protect against vandalism or accidental valve openings that may result in a release.

H.

Storage containers must be equipped with a vent or other device designed to relieve excess pressure, prevent losses by evaporation, and exclude precipitation.

Subp. 4.

Anchoring of storage containers.

Storage containers must be anchored to prevent flotation or instability that might occur as a result of liquid accumulations within a secondary containment area built under part 1505.3080. Anchoring may be accomplished by guy wires, or other commissioner-approved anchors.

Subp. 5.

Security.

Storage containers must be secured against access by unauthorized persons and provide protection against access by wildlife. Appurtenances must be fenced or otherwise secured to provide reasonable protection against vandalism or unauthorized access that may result in a release. Valves on storage containers must be locked or otherwise secured except when persons responsible for facility security are present at the facility. Valves on rail cars, nurse tanks, and other mobile pesticide containers parked overnight at a storage facility must be locked or secured except when persons responsible for facility security are present at the facility.

Subp. 6.

Filling.

Storage containers must not be filled to more than 95 percent of capacity unless the storage container construction or location provides constant temperature control of the container contents.

Repackaging and delivery of bulk pesticides must be attended and supervised at all times by the owner, manager, or an employee of the facility.

Subp. 7.

Protection against damage by moving vehicles.

Storage containers and appurtenances, including pipes, must be protected against reasonably foreseeable risks of damage by trucks and other moving vehicles and objects.

Subp. 8.

Storage of dry bulk pesticide.

Except during loading, stored dry bulk pesticide must be covered by a roof or tarpaulin that will exclude precipitation from the pesticide. Storage containers must be placed on a concrete or other impervious surfaced floor on pallets or on a raised platform to prevent the accumulation of water in or under the pesticide.

Storage facilities must be secured against entry by unauthorized persons or wildlife.

Subp. 9.

Labeling of storage containers.

Every storage container must bear a current pesticide product label as required by the United States Environmental Protection Agency.

For outside storage, the label required under this part must be placed on the storage container so as to be visible from outside of the secondary containment area. The label must be legible at all times. The type size used on the label must be that specified in Code of Federal Regulations, title 40, part 162.

Statutory Authority:

MS s 18B.06; 18B.14

History:

14 SR 161

Published Electronically:

September 17, 2013