W. Va. Code R. § 61-6B-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-6B-9 - Primary Containment: Storage Containers and Appurtenances for Fluid Fertilizer

9.1. All fluid fertilizer shall be stored in storage containers and appurtenances that are:

9.1.1. constructed, installed and maintained to prevent the discharge of fluid fertilizer;

9.1.2. constructed of materials that are resistant to corrosion, puncture or cracking;

9.1.3. made or repaired with materials that do not react chemically or electrolytically with stored fluid fertilizer in a way which may weaken the storage container or appurtenances, or create a risk of discharge;

9.1.4. made with metals used for valves, fittings and repairs on metal containers that are compatible with the metals used in the construction of the storage container, so that the combination of metals does not cause or increase corrosion which may weaken the storage container or its appurtenances, or create a risk of discharge;

9.1.5. equipped with supports for pipes and fittings that are adequate to prevent sagging and breakage in the ordinary course of operations;

9.1.6. are protected against the risk of damage by trucks and other moving vehicles while loading or unloading fluid bulk fertilizer;

9.1.7. designed to handle all operating stresses including static head, pressure buildup from pumps and compressors, and any other mechanical stresses to which the storage containers and appurtenances may be subject;

9.1.8. anchored to prevent flotation or instability caused by liquid accumulations within a secondary containment facility; and

9.1.9. equipped with a liquid level gauging device which shall be secured in a manner to protect against breakage or vandalism whereby the level of fluid in the storage container can be readily and safely determined;

a. this gauge is not required when the level of fluid in a storage container can be readily and reliably measured by another equally reliable and readily accessible means;

b. this gauge may be an external sight gauge only when the gauge is securely attached against the container wall and provided with a manually operated shut off valve which is locked in the shut off position when the level of fluid is not being determined.

9.2. No person may store fluid fertilizer in an underground or lined pit storage container, except for:

9.2.1. a watertight catch basin used for the temporary collection of runoff or rinsate from transfer, loading and unloading areas, and expeditiously emptied following use;or

9.2.2. a 316 or 317 stainless steel storage container; or

9.2.3. in another container approved by the commissioner prior to it's initial use, if the storage container is enclosed within an approved liner and an approved program of groundwater monitoring to detect leakage is established.

9.3. No person may store fertilizer in storage containers and appurtenances

9.3.1. that are constructed of copper, brass, zinc, or copper base alloys;

9.3.2. used for the storage of fluid fertilizers containing phosphates (0.1%) or chlorides that are constructed of aluminum or aluminum alloys;

9.3.3. used for the storage of low ph (5) fluid fertilizers that are constructed of ferrous materials other than stainless steel except when the materials are coated or treated with protective substances which are adequate to inhibit corrosion;

9.3.4. used for the storage of low pressure nitrogen solutions that are constructed of mild steel, fiberglass, polyolefins or plastic;

9.3.5. used for the storage of phosphoric acid that are constructed of ferrous materials other than 316 or 317 (or superior) stainless steel except when container is lined with a suitable substance to prevent corrosion; or

9.3.6. used for the storage of fluid fertilizers containing potassium chloride (muriate of potash) that are constructed of ferrous materials other than stainless steel, except when:

a. the containers and appurtenances are coated or treated with protective substances that inhibit corrosion; or

b. the container or appurtenance is used for storage periods of not more than six (6) months, is completely emptied between storage periods, and is cleaned and inspected for leaks prior to being refilled for any subsequent period.

9.4. All fluid fertilizers shall be stored such that:

9.4.1. storage containers and appurtenances are fenced or otherwise secured to provide protection from wildlife, vandalism and unauthorized access which may result in a discharge;

9.4.2. valves on storage containers containing fluid fertilizers are locked or otherwise secured except when persons responsible for facility security are present at the facility; and

9.4.3. valves on rail cars, nurse tanks, and other mobile fertilizer containers containing fluid fertilizer parked overnight at a storage facility are locked or secured except when persons responsible for facility security are present at the facility.

9.5. No person may fill storage containers beyond the capacity for which they are designed, taking into account the density of the fluid being stored and thermal expansion during storage.

9.6. No person may store fluid fertilizer in a storage container without a clear and prominent label identifying the contents of the storage container with the requirements of W. Va. Code '19-15-1 et seq. (except for the net weight).

9.7. No person may store fluid fertilizers on land that has a reasonable expectation of having a flood event resulting from a twenty-five (25) year - twenty-four (24) hour frequency storm, as defined by the National Weather Service, during the storage period unless the storage area is adequately protected from inundation by flooding.

9.8. No person may construct an operational area for fluid fertilizers closer than one hundred (100) feet from a wellhead, unless that operation is in use on the effective date of this rule.

9.9. Any person owning an abandoned underground container, or abandoned underground catch basin shall thoroughly clean and remove it from the ground or thoroughly clean and fill it with an inert solid and shall maintain a permanent record of size, location, and method of closing at the storage facility or at the nearest office from which the storage facility is administered.

9.10. Any person owning an abandoned container or abandoned catch basin, whether underground or not, shall disconnect and seal all connections and vents and secure all hatches and sever and/or seal all valves and connections.

9.11. A secondary containment facility is not abandoned merely because there have been no operational spills into the secondary containment facility.

9.12. All facilities that are in operation on the effective date of this rule shall be permitted three (3) years to fully comply with this section of the rule when the operator submits a plan for full compliance with this section of the rule within two (2) years of the effective date of this rule and the operator takes immediate action to prevent groundwater pollution within the capability of the current facility.

W. Va. Code R. § 61-6B-9