This rule has been repealed.

(1) Persons registering a new location for the first time must have the approval signature of the landowner or manager indicating that the beekeeper has obtained the permission to place an apiary on the landowner′s property. When a registered site is transferred to another beekeeper, landowner or manager signature must be obtained and filed with the department.

(2) Upon notice from a landowner or land manager that a beekeeper is no longer allowed access to their property or allowed to maintain bees on the property, the department will cancel the registration and notify the beekeeper.

(3) Once a site registration has been cancelled, any placement of new bees on the site must first be registered with the department. A new site registration will only be granted if the site registration does not conflict with an existing registered site within a three mile radius.

(2) The regular registration time shall consist of the months of February through April.

(3) The procedure to void the registration of an apiary because of non-use shall be as follows:

(a) A written request to void the registration of an apiary because of non-use, and related evidence, must be submitted to the department between October 1 and January 31, during the same registration year that the apiary was not in use.

(b) The evidence must include, but is not limited to signed statements from the landowner indicating that there were no bee hives in the apiary during the last buildup or honey producing season. Landowners are as defined in 80-6-101 (12) MCA. However, the department may consider other evidence based upon its own investigation.

(c) The department shall follow contested case provisions of the Montana Administrative Procedure Act when determining if an apiary registration is to be voided because of non-use.

(1) All used beekeeping equipment to be shipped out of state, including frames of honey in the comb, must be inspected before a clean bill of health can be issued.

(2) No permits for interstate movement of health certificates will be issued without inspection.

(3) Inspection must be made while the equipment is still "on the bees", and while brood is present within the hive.

(4) The Department of Agriculture must have at least two weeks� notice and preferably more, during the rush season of spring and early fall for the need of an inspection.

(5) Beekeepers requesting inspection will accompany inspector during inspection, and will pull and replace one comb from each broodnest.

(6) Intention to bring into Montana used beekeeping equipment, including nucs, feed honey, and refuse for rendering must be registered with the Agricultural Sciences Division, Department of Agriculture at least ten days prior to the time of movement. A permit to enter will then be issued by the Department of Agriculture. This permit, along with a copy of the clean bill of health from the state of origin, must accompany the load of bees or equipment entering Montana. Each load of used equipment, honey, or nucs is automatically quarantined until said quarantine is lifted by the Montana state inspector.

�

(1) The hourly inspection fee authorized in 80-6-202, MCA shall be $42 per hour for actual inspection time. The fee shall be charged from the time the inspection begins on site until the inspection is completed at the final site. Travel time shall not be included except for that between apiary sites.

(2) The hourly inspection fee for interstate inspections authorized in 80-6-202 (4)(b)(iii), MCA shall be $50 per hour for actual inspection time. Actual inspection time includes travel to, between, and return from the inspection site.

(1) Whenever the department has reason to believe that a violation of Title 80, chapter 6, parts 1 through 3, MCA, or any adopted rule thereunder has occurred and the department finds it in the public interest to assess a civil penalty, it may initiate a civil penalty action pursuant to the Administrative Procedure Act.

(2) Each violation is considered a separate offense and is subject to a separate penalty not to exceed $10,000. A repeat violation is considered a first violation if it occurred two or more years after the previous violation.

(3) The penalty matrixes set forth in this rule establish the basic penalty value for each offense. Factors dealing with the violation may cause the matrix penalty to increase or decrease. Examples of such factors would be the firm's history of compliance or noncompliance, or the extent of the harm to agriculture or environment.

Type of Violation	1st Offense	2nd Offense	Subsequent Offense
Failure to register an apiary after notification of requirement. Each unregistered apiary may be considered a separate offense.	$500	$800	$1,000
Falsifying or misrepresenting information submitted with apiary registration application.	$500	$800	$1,000
Failure to move an illegally placed apiary to a registered or registrable site after notice. Each apiary may be considered a separate offense.	$800	$1,000	$1,000
Failure to abate bee diseases or pests pursuant to 80-6-201, MCA after notice.	$800	$1,000	$1,000
Failure to meet bee hive importation requirements specified in 80-6-202, MCA.	$5,000	$7,500	$10,000

(1) Bee diseases and pests regulated under Title 80, chapter 6, parts 1 through 3, MCA, are as follows:

(a) American Foulbrood (Bacillus larvae);

(b) Africanized bees (Apis mellifera scutellata);

(c) Cape bees (Apis mellifera capensis);

(d) Tropilaelaps mites (Tropilaelaps clareae, T. koenigerum, T. thaii, and T. mercedesae); and

(e) Small-hive beetle (Aethina tumida).

(2) The department may conduct inspections for other bee diseases for export certification purposes based on requirements of destination states.

(2) "Interstate Inspection" means the inspection of an operation that does not have a valid Montana certificate of health or proof of inspection from an originating state.

(3) "Landowner Notice to Change Apiarist" means the cancellation of a registered site upon notice to the department by a landowner that an apiarist is no longer allowed access to their property or to have bees on their property.

(4) "Montana Department of Agriculture Inspection" means a health inspection of a business that includes counting hives, checking for proof of ownership, and opening hives. Minimally, an inspection will include examination of at least one frame of brood for regulated diseases and pests as specified in ARM 4.12.111.

(5) "Registered Beekeeper" means a beekeeper who has paid and maintained registration of at least one apiary site with the Montana Department of Agriculture.

(6) "Registered Site" means a site that has been registered with the Montana Department of Agriculture. A registered site is not a property interest in the land and does not in and of itself allow an apiarist to have bees at a location. A separate agreement from the landowner or an easement is still required to use and access the location.

(7) "Site Registration" means the legal ability, as defined by the department, to have and maintain bees on a site.

(8) "Unregistered Beekeeper" means any beekeeper not registered with the Montana Department of Agriculture, including hobbyist beekeepers, landowners, or general beekeepers.

(9) "Valid Certificate of Health" means proof of an inspection by either the Montana Department of Agriculture or an apiary inspection or proof of an inspection by an official inspector in another state with an inspection program recognized by the Montana Department of Agriculture.

(1) The application fee for owners or applicants not currently registered in the department's apiary database is $10. The new application fee is due at the time the owner or applicant submits a registration for an apiary site. The application fee is in addition to all apiary site registration fees due annually. Site registration will not be issued until the new application and site registration fees are paid.

(2) The registration or reregistration fee for commercial and pollination apiary sites is $35 per site.

(3) The registration or reregistration fee for hobbyist and landowner apiary sites is $10 per site.

(4) The fee for issuance of a certificate of health (certificate of inspection) is $125. The fee for a certificate of health must be paid at the time of the request for a certificate of health.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The supplier, manufacturer, or guarantor of a commercial feed, except pet foods and specialty pet foods, shall pay to the department an inspection fee of 18 cents per ton on all commercial feeds, including custom mixed feeds, except pet foods and specialty pet foods distributed in this state.

(1) The Montana Department of Agriculture adopts and incorporates by reference the model regulations and the model pet food and specialty pet food regulations under the model bill, as well as the feed terms and ingredient definitions as published in the 2018 official publication of the Association of American Feed Control Officials (AAFCO). A copy of the AAFCO model regulations or terms and ingredients may be obtained from the Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201 or the entire official publication may be obtained through AAFCO. The director of the Montana Department of Agriculture or designee shall be the official recognized throughout the model regulations.

(a)  sections 402(a)  (1)  and (a)  (2)  are codified in 21 USC 342;

(b)  section 406 is codified in 21 USC 346;

(c)  section 408(a)  is codified in 21 USC 346a;

(d)  section 409 is codified in 21 USC 348;

(e)  section 512 is codified in 21 USC 360b; and

(f)  section 721 is codified in 21 USC 379e.

(2)  For purposes of implementing 80-9-204, MCA and determining if a feed is adulterated, the department hereby adopts and incorporates by reference the following federal regulations adopted under authority of the Federal Food, Drug, and Cosmetic Act.   These regulations assist in establishing the standards for adulteration and are effective as Montana law:

(a)  21 CFR 558 - NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS;

(b)  21 CFR 573 - FOOD ADDITIVES PERMITTED IN FEED AND DRINKING WATER OF ANIMALS;

(c)  21 CFR 579 - IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF ANIMAL FEED AND PET FOOD;

(d)  21 CFR 582 - SUBSTANCES GENERALLY RECOGNIZED AS SAFE;

(e)  21 CFR 584 - FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED AS SAFE IN FEED AND DRINKING WATER OF ANIMALS;

(f)  21 CFR 589 - SUBSTANCES PROHIBITED FROM USE IN ANIMAL FOOD OR FEED; and

(g)  40 CFR 186 - PESTICIDES IN ANIMAL FEEDS.

(3)  A copy of these regulations may be obtained from the Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201.

(2)  Persons who manufacture animals feeds in Montana should utilize processes and ingredients that minimize, in the finished product, the presence of viable seeds of plant species designated as noxious weeds under 7-22-2101(7)  (a)  (i)  , MCA.   Distributors should distribute, where feasible and practical, feeds that do not contain viable seeds of plant species designated as noxious weeds under 7-22-2101(7)  (a)  (i)  , MCA.

(3)  Claims made on labels and labeling regarding freedom from viable noxious weed seeds shall be accurate and truthful. Claims such as "free from noxious weed seeds," "noxious weed seeds destroyed," and similar phrases, or claims regarding the amount of noxious weed seeds may be made when:

(a)  the feed contains no viable noxious weed seeds; or

(b)  the feed has been tested for viable noxious weeds and the results of testing are accurately stated on the label or labeling.

(4)  Commercial feeds shall be misbranded when:

(a)  viable noxious weed seeds are present and a claim regarding weed freedom is made on the labels or labeling; or

(b)  viable noxious weed seeds are present in amounts exceeding that claimed on the label or labeling.

(5)  Feed manufacturers making claims regarding freedom from noxious weed seeds shall submit, upon written request by the department, and for each product making such a claim, information that verifies the absence of viable weed seeds. The department may request information regarding the following:

(a)  analytical test results regarding seed viability, species composition, and proportion of noxious weed seeds;

(b)  verification that plant materials used in manufacture did not contain viable noxious weed seeds.   For purposes of this subsection, plant materials certified pursuant to Title 80, chapter 7, MCA, are recognized as meeting standards for freedom from viable noxious weed seeds; and

(c)  verification that methods used in manufacturing are effective in mitigating the presence or viability of noxious weed seeds.   For purposes of this subsection, pellets and cubes certified pursuant to Title 80, chapter 7, MCA or produced in accordance with standards in ARM 4.5.306 are recognized as effective in mitigating the viability of noxious weed seeds.

(6)  The department will evaluate analytical methods, manufacturing methods, and other methods represented as mitigating the presence or viability of noxious weed seeds, and may make a determination regarding acceptability and effectiveness.   Persons may not make claims regarding weed seeds when methods are determined to be unacceptable or ineffective.

(a)  "chemically changed" means change in elemental composition, atomic structure, or mass which may be caused by application of heat, pressure, reactants, solvents or catalysts;

(b)  "cube" means a feed product that has fibers with a typical length of about one inch, ground to a lesser degree than a pellet, and is compressed and passed through an opening of one inch or larger;

(c)  "entire" means substantially complete or whole and identifiable to seed species; and

(d)  "physically altered" means changes in physical characteristics such as density, shape, and color.   Examples of physical alterations include grinding, removal of hulls, dry rolling, compaction, crimping, and flaking.

(2)  The following feeds are exempted from the definition of commercial feed when they are not ground, are not intermixed with other materials, and are not adulterated within the meaning of 80-9-204, MCA:

(a)  hay or straw that is baled, cubed or loose;

(b)  litter for livestock and pets whether litter is whole plants or parts of plants;

(c)  stover for litter or fodder consisting of the stalks and leaves of corn, sorghum or other plants after the ears or heads have been removed;

(d)  fodder consisting of whole plants, whether green or cured, used as forage;

(e)  silage;

(f)  corn cobs whether whole or with kernels removed;

(g)  husks and hulls including seed screenings;

(h)  raw meats; and

(i)  crimped, rolled or compacted entire seeds whether conditioned or steamed.

(2)  Complaints should be in writing and signed and should provide details about the violation.

(3)  The department, upon receipt of a complaint, may proceed with an investigation; however, the lack of a signed and written complaint shall not preclude the department from investigating.

(1) The department will select an appropriate response for each violation of the act and rules promulgated thereunder. Nothing in this rule obligates the department to assess a civil penalty or other penalty for a violation. Each violation will be considered and a response issued based on the gravity and significance of the violation, the degree of care exercised, actual or potential adverse affects from the violation, and other factors considered appropriate by the department. The response for minor violations may include written notice or written warnings. 

(2) In determining if a feed is in violation when the analytical result of a nutrient exceeds the action level, the department will consider whether the feed is intended or represented as a principle source of nutrition for that nutrient.

(1) �Each violation set forth in this rule is a separate offense. � Each offense is subject to a civil penalty not to exceed $1,000.

(2) �The penalty matrix in this rule establishes the penalty amount for initial and subsequent offenses. � The penalty amount for subsequent violations may be increased as shown in the penalty matrix for second and third violations but only if the subsequent violation occurs within two years of the preceding violation and the charged person was notified of the preceding violation and had an opportunity to remedy the violation or to exercise an appeal.

(3) �� Penalty amounts shown in the matrix may be decreased or increased depending upon the significance or gravity of the violation, the degree of care exercised by the offender, and the actual or potential adverse impact or effects on animals or humans.

(4) �� Where a penalty is assessed under (5) �(z) �for reoccurrence of a violation within two years, where the violation upon initial occurrence was determined to be nonsignificant and not subject to a civil penalty, the two year period will start on the date that the preceding violation occurred.

(5) �� Penalty matrix in dollars:

	Initial Violation	Second� Violation	Subsequent Violations
(a) �� manufacture a commercial feed that is misbranded, technical violation	$250�	$500	$1,000
(b) �� manufacture a commercial feed that is misbranded, resulting in harm or having potential for harm	500	1,000	1,000
(c) �� manufacture a commercial feed that is adulterated, technical violation	500	1,000	1,000
(d) �� manufacture a commercial feed that is adulterated, resulting in harm or having potential for harm	1,000	1,000	1,000
(e) �� misbrand a commercial feed, technical violation	250	500	1,000
(f) �� misbrand a commercial feed, resulting in harm or potential for harm	500	1,000	1,000
(g) �� adulterate a feed, technical violation�	500	1,000	1,000
(h) �� adulterate a feed, resulting in harm or potential for harm	1,000	1,000	1,000
(i) �� distribute misbranded feed, technical violation	50	100	250
(j) �� distribute misbranded feed, resulting in harm or potential for harm	100	250	500
(k) �distribute adulterated feed, technical violation	$100	$250	$500
(l) �distribute adulterated feed, resulting in harm or potential for harm	250	500	1,000
(m) �fail to obtain license	100	250	500
(n) �fail to pay inspection fees	500	1,000	1,000
(o) �fail to register pet or specialty pet food	500	1,000	1,000
(p) �distribute pet or specialty pet feed that is not registered	50	100	250
(q) �distribute pet or specialty pet feed for which registration was refused or cancelled	1,000	1,000	1,000
(r) �fail to file annual statement	100	250	500
(s) �fail to keep records of distribution or tonnage records�	100	250	500
(t) �fail to submit list of feed products, labels, labeling, promotional material, claim, analytical method, or data upon request	250	500�	1,000
(u) �submit false information on application for licensing or registration	100	250	500
(v) �knowingly feed adulterated feed to animals intended for human consumption or that produce commodities for human consumption�	1,000	1,000�	1,000
(w) �violate an embargo order	1,000	1,000	1,000
(x) �fail to comply with an order	500	1,000	1,000
(y) �fail to comply with rules	100	500	1,000
(z) �reoccurrence of a nonsignificant violation	Warning	200	500

(1)  The department in determining the amount of a civil penalty will consider the significance and gravity of a violation as required by 80-9-303, MCA.   Examples of significance and gravity factors that may increase or decrease a penalty follow; they are neither inclusive or necessarily additive in substance, order presented, or number:

(a)  a history of inspections with no violations may decrease a penalty.   No inspection history and no record of violations may have a neutral effect on the penalty amount.   A history of violations or failure to correct past violations may increase the penalty;

(b)  a penalty may be decreased when a person agrees to correct a violation and follows through on an agreed upon schedule;

(c)  the presence of multiple violations at an inspection may increase a penalty;

(d)  a person's cooperation during an inspection or investigation may decrease a penalty.   Otherwise, this factor will have a neutral effect on penalty determination;

(e)  widespread scope of a violation may increase a penalty.   Examples of considerations in determining scope include geographic distribution of the violation, number of persons or animals affected, the number of products involved, and the amount or number of lots involved;

(f)  a person's timely and voluntary settlement of damages may decrease a penalty.   This factor will be considered when written documentation of settlement is received in the department from the charged person and the person suffering damage;

(g)  a penalty may be increased upon demonstration that a person benefited economically from the violation;

(h)  violations that result in harm to animals may be cause for increasing a penalty;

(i)  violations that result in or have the potential to result in illegal residues in food, commodities or food-producing animals may increase the penalty amount;

(j)  label violations that result in the actual or potential failure of a commercial feed to perform according to claims may increase a penalty.   Examples of such label violations include deficiency in any ingredient or composition of ingredients represented by the label, misleading, incomplete or incorrect label directions, or misbranding;

(k)  a violation that results in condemnation or destruction due to adulteration or other inability to utilize a feed for its intended purpose may be cause for increasing a penalty; and

(l)  the amount of deviation as a result of official analytical results from an official sample beyond the action level as compared to the guaranteed claim may increase or decrease the penalty, respective to the amount of the deviation.

(i)  This subsection will be applied effective July 1, 2002.

(a)  violations that occur through little or no negligence may decrease the penalty;

(b)  violations that occur through negligence may have a neutral effect in either decreasing or increasing the penalty; and

(c)  violations that occur as a result of gross negligence may increase the penalty.

(2)  In determining the applicability of the above, the following definitions will apply:

(a)  "no negligence" means an inadvertent violation which was unavoidable by the exercise of reasonable care;

(b)  "negligence" means a failure to exercise reasonable care;

(c)  "reasonable care" means a degree of care demonstrated with a knowledge of the nature and probable consequences of the violation that a prudent person would ordinarily exercise in acting in their own concern; and

(d)  "gross negligence" means knowing, intentional or reckless conduct.

(1) This rule establishes the action levels as stated in (5).

(2) These action levels, as compared to the guaranteed claim, will be used to determine when a feed or nutrient is considered to be adulterated as defined by 80-9-204(13), MCA.

(3) These action levels will be used by the department when assessing the appropriate enforcement action/civil penalty for an adulterated feed.

(4) Violations may occur solely by one nutrient within an official feed sample exceeding the action level and not meeting the guaranteed claim of that feed nutrient.

(5)  Action levels are as follows:

x = % guarantee

* no action level established

** applies only to rabbit feeds

(1) Other plant nutrients when mentioned in the labeling shall be registered and guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed and proof of availability shall be provided to the department upon request. Except those guarantees for those water soluble nutrients labeled for ready-to-use foliar fertilizers, ready-to-use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soil, the minimum percentages which will be accepted for registration are as follows:

�

Element	Minimum Concentration %
Calcium (Ca)	1.00
Magnesium (Mg)	0.50
Sulfur (S)	1.00
Boron (B)	0.02
Chlorine (Cl)	0.10
Cobalt (Co)	0.0005
Copper (Cu)	0.05
Iron (Fe)	0.10
Manganese (Mn)	0.05
Molybdenum (Mo)	0.0005
Nickel (Ni)	0.001
Sodium (Na)	0.10
Zinc (Zn)	0.05

�

Guarantees or claims for the above listed plant nutrients are the only ones which will be accepted. Proposed labels and directions for use of the fertilizer shall be furnished with the application for registration upon request. Any of the above listed elements which are guaranteed shall appear in the order listed immediately following guarantees for the primary nutrients of nitrogen, phosphate, and potash. When directions for use render the product ineffective (as a fertilizer) the department will not register the product.

(a) A warning or caution statement may be required on the label for any product which contains micronutrients in water soluble form when there is evidence that a micronutrient may be harmful to certain crops or where there are unusual environmental conditions.��

�

EXAMPLES OF WARNING OR CAUTION STATEMENTS:

(i) Directions: Apply this fertilizer at a maximum rate of (number of pounds) per acre for (name of crop).

CAUTION: Do not use on other crops. The (name of micronutrient) may cause injury to them.

(ii) CAUTION: Apply this fertilizer at a maximum rate of (number of pounds) per acre for (name of crop). Do not use on other crops; the (name of micronutrient) may cause serious injury to them.

(iii) WARNING: This fertilizer carries added (name of micronutrient) and is intended for use only on (name of crop). Its use on any other crops or under conditions other than those recommended may result in serious injury to the crops.

(iv) CAUTION: This fertilizer is to be used only on soil which responds to (name of micronutrient). Crops high in (name of micronutrient) are toxic to grazing animals (ruminants).

(v) CAUTION: (Name of micronutrient) is recommended for all crops where (name of micronutrient) may be deficient; however excessive application to susceptible crops may cause damage.

(1) Lime products shall guarantee:

(a) The minimum percent calcium carbonate equivalent.

(b) The minimum percentage passing through #10 and #100 U.S. Standard sieves.

(2) Gypsum or other alkali soil treatment products shall guarantee:

(a) Active ingredient and its percent purity.

(b) The calcium sulfate dihydrate (CaSO₄) (2H₂O) equivalent expressed as a percentage.

(c) The minimum percent passing through #4 and #40 U.S. Standard sieves.

(3) Other soil amendments shall guarantee:

(a) Active ingredients. The department will accept only active ingredient substances that can be quantitatively determined analytically.

(b) Percent moisture.

(c) The percent organic matter if organic matter is claimed.

(d) The department may allow a soil amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided to the department to substantiate the value and usefulness of the soil amending ingredients. The department may rely on outside sources for assistance in evaluating the data submitted.

This rule has been repealed.

(1) The following information, in the format presented, is the minimum required for all fertilizer labels. For packaged products, this information shall either appear on the front or back of the package, occupy at least the upper third of a side of a package, or be printed on a tag and attached to the package. This information shall be in a readable and conspicuous form. For bulk products, this same information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.

(a) Net weight

(b) Brand

(c) Grade (Provided that the grade shall not be required when no primary nutrients are claimed).

(d) Guaranteed analysis*:

Total Nitrogen (N)** ...................................______%

% Ammoniacal Nitrogen

% Nitrate Nitrogen

% Water Insoluble Nitrogen

% Urea Nitrogen

% (Other recognized and determinable forms of N)

Available Phosphate (P₂0₅) ____%

Soluble Potash (K₂0). ____%

(Other nutrients, elemental basis)***……....____ % 

*Zero guarantees should not be made and shall not appear in statement except in nutrient guarantee breakdowns.

**If chemical forms of N are claimed or required, the form shall be shown. No implied order of the forms of nitrogen is intended.

***As prescribed by regulation 4.12.601.

(e) Sources of nutrients shall be listed below the completed guaranteed analysis statement.

(f) Beneficial substances or compound guarantees shall appear under the heading "Contains Beneficial Substances" or "Contains Beneficial Compounds":

Contains Beneficial Substances

Beneficial Substance.........._____% or acceptable units

Purpose Statement:

OR

Contains Beneficial Compounds

Beneficial Compound.........._____% or acceptable units

Purpose Statement:

(g) Name and address of registrant or licensee.

(h) Directions for use for fertilizer distributed to the end user.

(i) For specialty fertilizer, minimum directions for use shall include:

(A) Recommended application rate or rates in units of weight or volume per unit of area coverage (where application rates are given in volume, the label shall provide sufficient information to calculate the application rates by weight); and

(B) Application timing and minimum intervals to apply the product when plants can utilize nutrients; and

(C) The statement "Apply Only as Directed" or a statement of similar designation.

(ii) For all other fertilizers, minimum directions for use shall include at least one of the following:

(A) A statement such as:

Use in accordance with recommendations of a qualified individual or institution, such as, but not limited to, a certified crop advisor, agronomist, crop extension publication, or apply according to recommendations in your approved nutrient management plan; or,

(B) Detailed directions for a specific use.

(iii) For slowly released plant nutrients:

(A) No fertilizer label shall bear a statement that connotes or implies that certain plant nutrients contained in a fertilizer are released slowly over a period of time, unless the slow release components are identified and guaranteed at a level at least 15% of the total guarantee for that nutrient(s).

(B) Types of products with slow release properties recognized are:

(I) water insoluble, such as natural organics, ureaform materials, ureaformaldehyde products, isobutyidene diurea, oxamide, etc.;

(II) coated slow release, such as sulphur coated urea and other encapsulated soluble fertilizers;

(III) occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles; and

(IV) products containing water soluble nitrogen such as ureaform materials, ureaformaldehyde products, methylenediurea (MDU), dimethylenetriurea (DMTU), dicyanodiamide (DCD), etc. The terms, "water insoluble", "coated slow release", "slow release", "controlled release", "slowly available water soluble", and "occluded slow release" are accepted as descriptive of these products, provided the manufacturer can show a testing program substantiating the claim (testing under guidance of Experiment Station personnel or a recognized reputable researcher acceptable to the department). A laboratory procedure, acceptable to the department for evaluating the release characteristics of the products(s) must also be provided by the manufacturer.

(C) Until more appropriate methods are developed, AOAC International Method 970.04 (15th Edition) is to be used to confirm the coated slow release and occluded slow release nutrients and others whose slow release characteristics depend on particle size. AOAC International Method 945.01 (15th Edition) shall be used to determine the water insoluble nitrogen or organic materials.

This rule has been repealed.

(1) As authorized, the department recognizes the official terms and definitions for commercial fertilizers and soil amendments adopted by the Association of American Plant Food Control Officials.

(1) A commercial fertilizer shall be deemed deficient if the analysis of nutrient is below the guarantee by an amount exceeding the values in the following schedule, or if the overall index value of the fertilizer is below 98%.

Guarantee Percent	Nitrogen (N)	Available Phosphate (P2O5)	Soluble Potash (K2O)
	Investigational Allowance, percent
4 or less	0.49	0.67	0.41
5	0.51	0.67	0.43
6	0.52	0.67	0.47
7	0.54	0.68	0.53
8	0.55	0.68	0.60
9	0.57	0.68	0.65
10	0.58	0.69	0.70
12	0.61	0.69	0.79
14	0.63	0.70	0.87
16	0.67	0.70	0.94
18	0.70	0.71	1.01
20	0.73	0.72	1.08
22	0.75	0.72	1.15
24	0.78	0.73	1.21
26	0.81	0.73	1.27
28	0.83	0.74	1.33
30	0.86	0.75	1.39
32 or more	0.88	0.76	1.44

(a) For DAP and MAP the investigational allowance for available phosphate shall be 0.70.

(b) For TSP the investigational allowance shall be 1.53.

(c) For guarantees not listed, calculate the appropriate value by interpolation.

(d) The overall index value is calculated by comparing the commercial value guaranteed with the commercial value found.

Example of calculation for a 10-10-10 grade found to contain 10.1% Total Nitrogen (N), 9.4% Available Phosphate (P₂0₅), and 10.1% Soluble Potash (K₂0). Nutrient unit values are assumed to be $3 per unit N, $2 per unit P₂0_5, and $1 per unit K₂0.

10.0 units N	x 3 = 30.0
10.0 units P205	x 2 = 20.0
10.0 units K20	x 1 = 10.0
Commercial Value Guaranteed	60.0

10.1 units N	x 3 = 30.3
9.4 units P205	x 2 = 18.8
10.1 units K20	x 1 = 10.1
Commercial Value Found	59.2

Overall Index Value - (59.2/60.0) x 100 = 98.6%

(2) Secondary and micro plant nutrients shall be deemed deficient if the analysis of any element is below the guarantee by an amount exceeding the values calculated according to the following schedule:

Element	Allowable Deficiency
Calcium	0.2 unit + 5% of guarantee
Magnesium	0.2 unit + 5% of guarantee
Sulfur	0.2 unit + 5% of guarantee
Boron	0.003 unit + 15% of guarantee
Cobalt	0.0001 unit + 30% of guarantee
Molybdenum	0.0001 unit + 30% of guarantee
Chlorine	0.005 unit + 10% of guarantee
Copper	0.005 unit + 10% of guarantee
Iron	0.005 unit + 10% of guarantee
Manganese	0.005 unit + 10% of guarantee
Sodium	0.005 unit + 10% of guarantee
Zinc	0.005 unit + 10% of guarantee

The maximum allowance when calculated in accordance to the above shall be one unit (one percentage point).

(1) Each in-state manufacturer and out-of-state supplier is responsible for paying the assessment fees for all commercial fertilizers and/or soil amendments distributed for agricultural use in this state. The party responsible for supplying the product into the state shall pay the assessment fees and file a bi-annual statement on or before the 30th calendar day after the end of each reporting period. The statement must specify the number of tons of each commercial fertilizer and/or soil amendment distributed in this state during each 6-month period, and to whom it was distributed. A bi-annual statement is required even if no sales or distributions occurred in a particular period. Specialty fertilizers, soil amendments not for agricultural use, and unmanipulated manures are exempt from the assessment fee and a bi-annual report is not required by persons distributing only these products.

(2) Based upon the filed reports, the person responsible for paying the assessment fee on commercial fertilizers and/or soil amendments shall pay the following:

(a) inspection fee of 25 cents per ton for fertilizer distributed other than anhydrous ammonia or soil amendments;

(b) inspection fee of 95 cents per ton for anhydrous ammonia fertilizer distributed;

(c) inspection fee of 10 cents per ton for agricultural soil amendments distributed when 50 tons or more are distributed during the reporting period; and

(d) educational assessment of 75 cents per ton for all fertilizers, excluding specialty fertilizers and soil amendments, in addition to the inspection fees.

(3) In the event the responsible party fails to file the bi-annual report within 60 days after the end of the filing period, the department may initiate proceedings to revoke registration of the responsible party's registered fertilizer(s). The failure to file the bi-annual report shall be evidence of fraudulent or deceptive practice in the evasion of these rules.

(4) No responsible party shall be allowed to register or reregister a fertilizer if the fees owing to the department are more than 30 days past due.

(1) Each person who distributes commercial fertilizers and/or soil amendments to nonlicensed end users shall file semiannual statements for the periods ending June 30 and December 31, setting forth the number of net tons of each commercial fertilizer and/or soil amendment received during the six-month period. Specialty fertilizers, soil amendments not for agricultural use, and unmanipulated manures are exempt from the semiannual report and the report is not required by persons distributing only these products. The reports shall be filed with the department, on forms approved by the department, on or before the 30th calendar day of the month following the close of each six-month period. A separate semiannual statement is required for each licensed location. A semiannual statement is required even if no sales or distributions occurred within a six-month period.

(2) Failure to file the disclosure may constitute grounds for revoking a license.

(1) No person shall distribute an adulterated fertilizer or soil amendment. Fertilizers and soil amendments distributed in the state and required to be registered by the department are adulterated when they contain metals in amounts that exceed the levels provided within this rule.

(2) This rule establishes metal standards for fertilizers and soil amendments that do and do not contain waste or sewage sludge. Fertilizers and soil amendments that contain waste are termed "waste-derived." "Waste-derived" is defined as any fertilizer or soil amendment produced from or containing recyclable materials classified as a waste under Code of Federal Regulations, Title 40, Parts 261.2 and 261.3 (40 CFR 261.2 and 261.3).

(3) Fertilizers and soil amendments, whether waste-derived or not, that contain guaranteed amounts of phosphates or micronutrients, except as exempted within this section, are adulterated when they exceed the levels of metals established by the following table:

Metals	ppm per 1% of P2O5	ppm per 1% of Micronutrients
Arsenic (As)	13	112
Cadmium (Cd)	10	83
Cobalt (Co)	136	2,228*
Lead (Pb)	61	463
Mercury (Hg)	1	6
Molybdenum (Mo)	42	300*
Nickel (Ni)	250	1900*
Selenium (Se)	26	180
Zinc (Zn)	420	2900*

Footnote: * Only applies when not guaranteed.

(a) Fertilizers and soil amendments such as compost, manures and manipulated manures or other organic matter, separately or in combination with sewage sludge, even those products making nutrient claims, are exempt from the table above, but are adulterated when the levels of metals exceed the levels permitted in 40 CFR 503.

(b) These standards are not to be used to evaluate growing media claiming nutrients, but may be applied to the sources of the nutrients added to the media.

(c) Micronutrients can include iron, manganese, zinc, copper, molybdenum, boron, cobalt, chlorine, nickel, and sodium.

(d) To use the table:

(i) multiply the percent guaranteed P₂0₅ or sum of the guaranteed percentages of all micronutrients in each product by the value in the appropriate column in the table to obtain the maximum allowable concentration (ppm) of these metals;

(ii) the minimum value for P₂0₅, utilized as a multiplier shall be 6.0;

(iii) the minimum value for micronutrients utilized as a multiplier shall be 1.0; and

(iv) if a product contains both P₂0₅ and micronutrients, multiply the guaranteed percent P₂0₅ by the value in the appropriate column and multiply the sum of the guaranteed percentages of the micronutrients by the value in the appropriate column. Utilize the higher of the two resulting values as the maximum allowable concentrations.

(4) Fertilizers and soil amendments are adulterated when the end product contains:

(a) Sewage sludge and the levels of metals exceed the levels permitted in 40 CFR 503;

(b) Solid waste and the level of cadmium exceeds the level permitted in 40 CFR 257; or

(c) Hazardous waste and the levels of metals in the waste component exceed the levels permitted in 40 CFR 261, 266, and 268.

(5) When a fertilizer or soil amendment is subject to standards referenced in both (3) and (4) of this rule, the department will apply the more restrictive standards.

(6) The Montana Department of Agriculture adopts and incorporates by reference 40 CFR 257, 261, 266, 268 and 503, regarding solid waste, hazardous waste and sewage sludge management, as published on December 27, 2002. A copy of these regulations can be obtained by contacting the department at 303 N. Roberts, Helena, Montana, 59620-0201.

(7) Testing methodology used by the department in analyzing metal content for the end product will be for the intent of discovering the total metal content of a fertilizer or soil amendment product. Such methodology includes AOAC Official Method 2006.03 (Arsenic, Cadmium, Cobalt, Chromium, Lead, Molybdenum, Nickel, and Selenium in Fertilizers) or other comparable methods approved by the department.

(8) The department will coordinate with the Montana Department of Environmental Quality (DEQ) on compliance actions involving violations of standards in 40 CFR 257, 261, 266, 268 and 503. The department may enter into a written agreement with DEQ to further clarify agency responsibilities and procedures for coordinating separate or joint actions.

(9) Nothing in this rule may be construed as relieving a person from obligations to comply with all state and federal laws regulating the disposal, use, and recycling of solid waste, hazardous waste or sewage sludge.

(1) Any fertilizer or soil amendment that contains a waste or sewage sludge distributed as a single ingredient product or blended with other ingredients must be identified as such by the registrant in the application for registration.

(2) The registrant of a fertilizer or soil amendment containing waste as defined in ARM 4.12.620(4)(a) and (b) shall state in the application for registration the source of the waste and the level of metals in the end product including, but not limited to, arsenic, cadmium, and lead for sewage sludge and cadmium for solid waste. Upon request by the department, the registrant shall provide analytical data necessary to determine compliance with 40 CFR 257 or 503. This information can be provided by the registrant from documentation collected and compiled by the waste generator.

(3) The registrant of a hazardous waste-derived fertilizer or soil amendment as defined in ARM 4.12.620(4)(c) shall state in the application for registration the source of the waste and the level of metals within the source, including, but not limited to, arsenic, cadmium, and lead. Upon request by the department, the registrant shall provide analytical data necessary to determine compliance with 40 CFR 261, 266 and 268. This information can be provided from documentation collected and compiled by the waste generator.

(4) The methods used to comply with (2) and (3) shall be consistent with and comply with the standards as stated below:

(a) Recyclable materials used in the manufacture of hazardous waste-derived fertilizers and soil amendments shall comply with the treatment standards specified in 40 CFR 268.40 and 268.48, using the Toxicity Characteristic Leaching Procedure, Test Method 1311, EPA Publication SW-846; and

(b) Recyclable materials that are not hazardous waste, but used in the manufacture of fertilizers and soil amendments shall comply with the treatment standards specified in 40 CFR 257 or 503, using testing methods for total metal content found in EPA Publication SW-846.

(5) Failure to provide the information required by this rule or a determination that a fertilizer or soil amendment is adulterated is cause for denying registration.

(6) The Montana Department of Agriculture adopts and incorporates by reference 40 CFR 257, 261, 266, 268 and 503, regarding solid waste, hazardous waste and sewage sludge management, as published on December 27, 2002. The department adopts and incorporates by reference EPA's "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," (SW-846), third edition, update III, December 1996. A copy of these regulations can be obtained by contacting the department at 303 N. Roberts, Helena, Montana, 59620-0201.

(2)  These rules do not apply to:

(a)  anhydrous ammonia manufacturing plants,

(b)  air conditioning systems and refrigeration plants where anhydrous ammonia is used solely as a refrigerant. Such systems are covered in American National Standards Safety Code for Mechanical Refrigeration, B-9.1; and

(c)  anhydrous ammonia transportation pipelines.

(3)  ARM 4.12.704 through ARM 4.12.719 apply to stationary, non-refrigerated storage installations utilizing containers other than those constructed in accordance with regulations implementing Occupational Safety and Health Act (CFR 29(c)  (3)  (iii)  )  .

(4)  ARM 4.12.720 applies to systems mounted on implements of husbandry for the transportation of anhydrous ammonia.

(5)  ARM 4.12.721 applies to systems mounted on farm vehicles for the application of anhydrous ammonia.

(6)  ARM 4.12.722 applies to systems utilizing containers for the storage of anhydrous ammonia under refrigeration conditions.

(7)  ARM 4.12.723 through 4.12.737 specifically apply to the design, location, construction, installation and operation of distribution systems utilizing nitrogen fertilizer solutions or aqua ammonia converters.

(8)  ARM 4.12.724 through 4.12.734 apply to all sections unless otherwise specified.

(a)  ARM 4.12.735 applies to storage installations for nitrogen fertilizer solutions.

(b)  ARM 4.12.734 applies to systems mounted on vehicles and implements of husbandry for the transportation of nitrogen fertilizer solutions.

(c)  ARM 4.12.735 applies to systems mounted on vehicles and implements of husbandry for the transportation of nitrogen fertilizer solutions.

(d)  ARM 4.12.736 applies to systems mounted on farm vehicles for the application of nitrogen fertilizer solutions.

(9)  Unless otherwise stated within the rule all incorporations by reference of- standards, regulations, codes or other similar systemized provisions contained within shall be adopted within these rules in the most recent version or revision as of September 1, 1986.

(2)  "Anhydrous ammonia" means a compound formed by the combination of the two gaseous elements, nitrogen and hydrogen, in the proportion of one part of nitrogen to three parts hydrogen by volume. Anhydrous ammonia is ammonia gas in compressed and liquefied form. Anhydrous ammonia is not aqueous ammonia which is a solution of ammonia gas in water.

(3)  "ANSI" refers to American National Standards Institute, 1430 Broadway, N.Y., N.Y. and their publication "Safety Requirements for the Storage and Handling of Anhydrous Ammonia" (as adopted this lst day of January, 1982)  .

(4)  "Approved" means tested and recommended by manufacturer as suitable for use with anhydrous ammonia and product so marked, or inspected by the department and found to be in compliance with these rules.

(5)  "Appurtenances" means all devices, such as, system devices, liquid level gauging devices, valves, pressure gauges, fittings, metering or dispensing devices.

(6)  "ASME" refers to the American Society of Mechanical Engineers, United Engineering Center, 345 East 47th Street, New York, New York 10017 (as adopted this 1st day of January, 1982)  .

(7)  "ASTM" refers to the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pa. 19103 (as adopted this 1st day of January, 1982)  .

(8)  "Capacity" means the total volumetric measure.

(9)  "Closed system" refers to a transfer system which will return displaced vapor to the tank from which the liquid is being discharged.

(10)  "Container" means a vessel, such as, a tank or cylinder used for the storage and handling of anhydrous ammonia.

(11)  "Department" means the Montana Department of Agriculture, Agriculture/Livestock Building, Helena, Montana 59620, (406)  444-3730.

(12)  "Design pressure" means the maximum allowable working pressure.

(13)  "Filling density" means the percent ratio of the weight of the gas in a container to the weight of water at 60 degrees Fahrenheit (F)  that the container will hold. One pound H20=27.737 cubic inches at 60 degrees F. For determining the water capacity of the tank in pounds, the weight of a gallon (231 cubic inches)  of water at 60 degrees F in air shall be 8.32828 pounds.

(14)  "Filling volume" is defined as the percent ratio of the liquid in a container to the volume of the container.

(15)  "Free vented" as used means the system is permanently open to the atmosphere. No shutoff or check valve is allowed in such opening.

(16)  "Gas" means anhydrous ammonia in either the gaseous or liquefied state.

(17)  "Gas mask" means a gas mask approved by the Bureau of Mines (30CFR Part II, Section 14-f)  .

(18)  "Hold-down devices" refers to chains or metal straps or cables.

(19)  "Hold to a minimum" means the product should be loaded in anticipation of sale into the nurse tanks and delivered to the consumer for use without being stored in nurse tanks waiting for a consumer order.

(20)  "Hydrostatic relief valve" refers to an automatic pressure activated valve for liquid service characterized by throttle or slow weep opening (non-pop off action)  .

(21)  "Implement of husbandry" means a farm wagon-type tank vehicle of not over 2000 gallons capacity, used as a field storage nurse tank supplying the anhydrous ammonia to a field applicator, and moved on highways only for transporting anhydrous ammonia from a local source of supply to farms or fields or from one farm or field to another.

(22)  "Institutional occupancy" is a location where people may be unable to vacate voluntarily and shall be deemed to include nursing homes, hospitals, jails, and schools.

(23)  "Material suitable for use" includes iron, steel and certain non-ferrous alloys which are compatible for use in anhydrous ammonia service. Copper, brass, zinc and certain alloys, especially those containing copper, are not suitable for anhydrous ammonia service.

(24)  "Nitrogen fertilizer solutions" refers to compounds (ammonium nitrate, urea, sodium nitrate, and other nitrogen carriers)  formed by the combination of free ammonia and water with or without other nitrogen salts. Nitrogen fertilizer solutions includes all liquid containing more than 2 percent free ammonia and/or having 5 psig. It does not include material containing over 1 percent of phosphorous and/or potassium which is used as plant food. The term "nitrogen fertilizer solution" should be substituted in lieu of the term "anhydrous ammonia" where it appears in these definitions for references made in rules specified in ARM 4.12.701 for rules specifically pertaining to nitrogen fertilizer solutions.

(25)  "Pressure vented" is a system equipped with a pressure relief valve or a combination pressure-vacuum relief valve.

(26)  "Private assembly" is a location where people gather together but is not generally open to the public.

(27)  "Psig" and "Psia" means pounds per square inch gauge and pounds per square inch absolute, respectively.

(28)  "Public assembly" is a location that is generally open to the public and where people gather together, including but not limited to, churches, public halls, libraries, clubs and businesses.

(29)  "Qualified attendant" means a person who has a knowledge of the characteristics of anhydrous ammonia, its safe handling, safety rules for transfer and application, and has completed an anhydrous ammonia training program conducted by the department or an equivalent training program approved by the department.

(30)  "Repair" refers to the work necessary to restore a container or system to a safe and satisfactory operating condition provided that in all cases the container or system design shall continue to comply with the requirements of this standard, or the standard in effect at the time of installation, that special service requirements do not restrict such work and the basic design concept of the system is not altered.

(31)  "Safety relief valve" or "pop off valve" is an automatic pressure activated valve for vapor service characterized by pop action upon opening.

(32)  "Secured valve" is a valve which is locked, plugged or capped.

(33)  "Semi-trailer" refers to a vehicle designed for carrying anhydrous ammonia, which is drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

(34)  "System" refers to an assembly of equipment consisting essentially of the container(s)  , appurtenances, pumps, compressors, and interconnecting piping.

(35)  "Tank" means a vessel designed and constructed for the storage and handling of anhydrous ammonia.

(36)  "Tank motor vehicle" means any motor vehicle designed or used for the transportation of anhydrous ammonia in any tank designed to be permanently attached to any motor vehicle or any container not permanently attached to any motor vehicle which by reason of its size, construction or attachment to any motor vehicle must be loaded or unloaded without being removed from the motor vehicle.

(37)  "The code" refers to the Unfired Pressure Vessel Code of the American Society of Mechanical Engineers (Sec. 4.12.708 of the ASME Boiler Construction Code)  , including editions through 1981 or the Joint Code of the American Petroleum Institute and the American Society of Mechanical Engineers (API-ASME Code)  including editions through 1981 (adopted this 1st day of January, 1982)  .

(38)  "Vacuum" refers to ounces per square inch of pressure below atmospheric pressure.

(39)  "Vapor pressure" unless otherwise specified, shall refer to the pressure developed by the solution at temperature specified.

(40)  "Wet hose" is an anhydrous hose with shut-off valves at each end and is capable of containing liquid product at all times.

(1)  Containers used with systems covered in ARM 4.12.719 shall be constructed, installed, and tested as follows:

(a)  the Unfired Pressure Vessel Code of ASME, except that construction under Paragraph UW 9 at a basic joint efficiency of under eighty percent is not authorized, and compliance with Paragraphs UG 132 and UG 133 shall not be required; or

(b)  the 1951 edition of the Joint Code of the American Petroleum Institute and the American Society of Mechanical Engineers (API-ASME)  , except that a basic joint efficiency of under eighty percent is not authorized, and compliance with Paragraph W 601 through W 609 and ASME's Table A shall not be required.

(2)  Containers exceeding 36 inches in diameter or 250 gallon capacity shall be constructed to comply with one or more of the following requirements in addition to ARM 4.12.704(1)  :

(a)  containers shall be stress-relieved after fabrication in accordance with the Code; or

(b)  cold formed heads when used shall be stress-relieved; or

(c)  hot formed heads shall be used.

(3)  Non-Code welding shall be made only on saddles or brackets originally welded to the container by the manufacturer. Non-Code welding directly to the container or any part subject to pressure is not authorized.

(4)  All containers, except refrigerated storage tanks, with a design pressure of less than 15 psig shall be inspected by a person having a current certificate of competency from the National Board of Boiler and Pressure Vessel Inspectors.

(5)  The provisions of ARM 4.12.704 (1)  shall not be construed as prohibiting the continued use or re-installation of containers constructed and maintained prior to the effective date of these rules.

(a)  With a mark identifying compliance with and other markings required by the rules of the code under which the container is constructed, with the capacity of the container in pounds or gallons (U.S. Standards)  , with the working pressure in psig for which the container is designed, and with the thickness of the shell and heads. This information shall appear:

(i)  on the container and system nameplate on underground installations;

(ii)  on the container on aboveground installations.

(b)  With the name, address and phone number of the supplier of the system and the date of manufacture. This information shall appear on the system nameplate for both underground and aboveground containers.

(c)  With markings indicating the maximum level to which the container may be filled with liquid at temperatures between 20 degrees Fahrenheit (F)  and 100 degrees F, except on containers provided with fixed maximum level indicators or which are filled by weighing. Markings shall be in increments of not more than 20 degrees F and shall appear on the system nameplate or on the liquid level gauging device on both underground and aboveground containers. Refrigerated storage tanks shall be exempt from these requirements but shall be marked to show the maximum permissible liquid level, see ARM 4.12.712.

(d)  With the overall length and outside diameter of the container. This information shall appear:

(i)  on the system nameplate on underground containers;

(ii)  on the container on aboveground containers.

(2)  All main operating valves on permanently installed storage containers having a capacity of over 2000 water gallons shall be identified to show whether the valve is in liquid or vapor service. The method of identification shall be by label or color code as follows:

(a)  the label LIQUID (or LIQUID VALVE)  or VAPOR (or VAPOR VALVE)  , as appropriate, shall be placed on or within twelve inches of the valve by means of a stencil tag or decal; or

(b)  liquid valves shall be painted orange and vapor valves shall be painted yellow. The legend ORANGE-LIQUID or YELLOW-VAPOR shall be displayed in at least one conspicuous place at each permanent storage location. The legend shall have letters at least two inches high and shall be placed against a contrasting background.

(1) �Tanks shall be located outside of buildings unless the building is especially constructed for the safe handling and storage of anhydrous ammonia. Permanent storage shall be located outside of densely populated areas and subject to the approval of the department as follows if located within the corporate limits of a village, town, or city, written approval of the municipality's governing body or a county zoning permit shall be submitted to the department before tentative approval to begin construction of a permanent storage facility will be given. The intended storage must be completed and approved by the department within one year from the date written tentative approval was given. Final approval will be given if the facility and equipment complies with the department's rules.

(2) �Containers shall be located at least 50 feet from a dug well or other source of potable water.

(3) �Container locations shall comply with the following distance requirements:

�

����������� Minimum Distances (feet) �from Container to:

�

Nominal Capacity of� Container(s) (Gallons)	Property Line, Road Right-of-Way and Railroad Mainline-feet	Place of Private or Public Assembly-feet	Institutional Occupancy-feet
001 to 2,000	50	150	�� 750
Over 2,001	50	400	1,000

������������������

(4) �The department may permit replacement storage tanks to be installed. Replacement tanks must meet all requirements of these rules. The provisions concerning replacement of tanks applies specifically to installations installed prior to the effective date of these rules.

(5) �A nurse tank of not more than 2,000 gallons or less than 1,000 gallons water capacity may be used as temporary age in instances where anhydrous ammonia is used in the manufacturing of liquid or suspension fertilizers provided that written approval of the municipality's governing board or a county zoning permit shall be submitted to the department before site approval will be given. Approval will be given based upon compliance with the requirements of this paragraph. The distance of the temporary storage nurse tank shall not be less than 50 feet from the property line or source of drinking water, not less than 150 feet from existing places of private or public assembly, or not less than 750 feet from any place of institutional occupancy. The draw bar must be securely fastened to an anchoring device so as to render the nurse tank immovable while being used in the manufacturing of fertilizer. During the time the place is unattended, all liquid and vapor valves must be secured.

(2)  All connections to containers, except safety relief connections and gauging devices, shall have shutoff valves located as close to the container as practicable.

(3)  Liquid level gauging devices, which are so constructed that outward flow of container content shall not exceed that passed by a No. 54 drill size opening, need not be equipped with excess flow valves.

(4)  Container openings or through fittings (directly on container and used for pressure gauge connections)  need not be equipped with excess flow valves if such openings are protected by a vent hole not larger than a No. 54 drill size hole.

(5)  All excess flow valves shall be clearly and permanently marked with the name or trademark of the manufacturer, the catalog number, and the rated capacity.

(6)  Excess flow valves shall close automatically at the vapor or liquid rated flows as specified by the manufacturer. The connections and line, including appurtenances being protected by an excess flow valve, shall have a greater capacity than the rated flow of the excess flow valve so the valve will close in case of failure at any point in the line or fittings.

(7)  Excess flow and back pressure check valves shall be located inside the container or at a point outside where the line enters the container. In the latter case, installation shall be made in such a manner that any undue strain, beyond the excess flow or back pressure check valve, will not cause breakage between the container and the excess flow valve.

(8)  Excess flow valves shall be designed with a by-pass, not to exceed a No. 60 drill size opening, to allow equalization of pressure.

(2)  All piping, tubing, and fittings shall be designed for a pressure not less than the maximum pressure to which they may be subjected in service.

(3)  All piping shall be supported to prevent damage to the pipes. Provisions shall be made for expansion, contraction, jarring, vibration, and for settling. All refrigeration system piping shall conform to the Refrigeration Piping Code (ANSI B31.5)  as it applies to anhydrous ammonia.

(4)  Piping used on non-refrigerated systems shall be at least ASTM A-53 Grade B Electric Resistance Welded and Electric Flash Welded Pipe or equivalent. Such pipe shall be at least Schedule 40 when joints are welded, or welded and flanged. Such pipe shall be at least Schedule 80 when joints are threaded.

(5)  Metal, flexible connections may be used to provide for expansion, contraction, jarring, vibrating, and for settling. In no case shall the angle of the connection exceed 15 degrees. All such connections shall comply with the standards set forth in ANSI K 61.1, Section 2.7.5.

(6)  Cast iron fittings shall not be used, but this rule shall not prohibit the use of fittings made especially for anhydrous ammonia service of malleable or nodular iron, such as, Specification ASTM A 47 or ASTM A 395.

(7)  Provisions shall be made to protect all exposed piping from physical damage that might result from moving machinery, the presence of automobiles or trucks, or any other undue strain that may be placed upon the piping.

(8)  Joint compounds shall be compatible with anhydrous ammonia.

(9)  After assembly, all piping and tubing shall be tested and proven free of leaks at a pressure not less than the normal operating pressure of the system.

(10)  Connecting more than one storage tank to a single manifold line is prohibited unless the combined rated flow of the excess flow valves in all connected tanks does not exceed the maximum capacity of the main manifold line. Should the capacity of the line be reduced, excess flow valves of equal to or smaller capacity than the maximum capacity of the line are to be installed at the point of reduction.

(2)  Hoses subject to container pressure shall be designed for a minimum working pressure of 350 psig and a minimum burst pressure of 1750 psig. Hose assemblies shall be capable of withstanding a test pressure of 500 psig.

(3)  Unless the manufacturer indicates otherwise,

(a)  hoses from the date of manufacture shall be changed no longer than as follows:

(i)  every two years for rayon braid hoses;

(ii)  every five years for stainless steel hoses.

(b)  If a verification of the date of purchase or the date the hoses were put into service is made available to the department, then the hoses shall be changed no longer than:

(i)  two years from the date of purchase or placement into service but not to exceed three years from date of manufacture for rayon hoses;

(ii)  five years from the date of purchase or placement into service but not to exceed six years from the date of manufacture for stainless steel hoses.

(4)  Hose and hose connections located on the low pressure side of flow control or pressure reducing valves on devices discharging at atmospheric pressure shall be designed for the maximum low side working pressure. All connections shall be designed, constructed, and installed so there will be no leakage when connected.

(5)  Where liquid transfer hose is not drained upon completion of transfer operations, such hose shall be equipped with an approved shutoff valve at the discharge end. Provisions shall be made to prevent excessive pressure in the hose, see ARM 4.12.710(10)  .

(6)  On hoses one-half inch in diameter or larger which are used for the transfer of anhydrous ammonia liquid or vapor, there shall be etched, cast, or impressed at five foot intervals the following information:

                         Anhydrous Ammonia

                xxx psig (Maximum Working Pressure)  

                 Manufacturer's Name or Trademark

             Year of Manufacture (or replacement date)  

(7)  Hoses used for transferring material (both liquid and vapor)  to and from nurse tanks shall be restricted to a 25 feet maximum length and shall be racked when not in use to prevent undue damage to hose.

(1) �Every container used in the storage or transporting of anhydrous ammonia shall be provided with one or more safety relief valves of the spring-loaded type. The discharge from safety relief valves shall be vented away from the container, upward and unobstructed into the atmosphere. All safety relief valve discharge openings shall have raincaps that will allow free discharge of the vapor and prevent the entrance of water. Provision shall be made for draining condensation which may accumulate. The rate of discharge shall be in accordance with Table A.

(2) �Container safety relief valves shall be set to start-to-discharge in relation to the design pressure of the container as follows:

Containers	Minimum	Maximum
ASME-U-68, U-69	110%	125%
ASME-U-200, U-201	95%	100%
ASME 1952, 1956, 1959, 1962, 1965, 1968 or 1971	95%	100%
API-ASME	95%	100%

department of transportation (as required by Hazardous Materials Regulations, section 173.315 (I-3 and 3) �) �.

(3) �Safety relief devices shall be constructed to discharge at not less than the rates required in ARM 4.12.710(1) �before the pressure is in excess of 120 percent (not including the 10% tolerance referred to in ARA 4.12.710(2) �of the maximum permitted start-to-discharge pressure setting of the device.

(4) �Safety relief valves shall be arranged so the possibility of tampering will be minimized. If the pressure setting adjustment is external, the relief valve adjustment shall be sealed.

(5) �Shutoff valves shall not be installed between the safety relief valves and the containers, except a shutoff valve may be used where the arrangement of this valve always affords required capacity flow through the relief valves. Examples:

(a) �A three-way valve installed under two safety relief valves, each of which has the required rate of discharge and is so installed as to allow either of the safety valves to be closed, but does not allow both safety valves to be closed at the same time.

(b) �Two separate relief valves are installed with individual shutoff valves. In this case, the two shutoff valve stems shall be mechanically interconnected in a manner which will allow full required flow of one safety relief valve at all times.

(c) �A safety relief valve manifold which allows one valve of two, three, four, or more to be closed and the remaining valve(s) �will provide not less than the rate of discharge to allow the proper cubic feet per minute of air in relation to tank capacity as shown in Table A.

(6) �Safety relief valves shall have direct communication with the vapor space of the container.

(7) �Each safety relief valve used with systems shall be plainly and permanently marked as follows:

(a) �with the letters "AA" or the symbol "NH3";

(b) �the pressure in psig at which the valve is set to start-to-discharge;

(c) �the rate of discharge of the valve in cubic feet per minute of the air at 60 degrees F and atmospheric pressure (14.7 psia) �;

(d) �the manufacturer's name and catalog number.

(8) �The flow capacity of the safety relief valve shall not be restricted by any connection to it on either the upstream or downstream side.

(9) �The manufacturer or supplier of a safety relief valve manifold shall furnish complete data showing the flow rating through the combined assembly of the manifold with safety relief valves installed.

(10) �A hydrostatic relief valve, venting to atmosphere at a safe location, shall be installed between each pair of shutoff valves in an ammonia line where the liquid may be trapped, except when the hose or line is protected by an internal equalizing valve with a differential pressure so designed as to not exceed 50 psig. The start-to-discharge pressure of hydrostatic relief valves shall be not less than 350 psig and not in excess of 400 psig.

(11) �Discharge from safety relief devices shall not terminate within or beneath any building.

(2)  All storage systems shall have on hand, as a minimum, the following equipment for emergency and rescue purposes:

(a)  one gas mask with 2 refill canisters suitable for anhydrous ammonia use. Canisters shall not be opened until ready for use and shall be discarded after use. Canisters outside date limitations will not be accepted as meeting the requirements of this rule.

(b)  one pair of protective gloves made of material impervious to anhydrous ammonia (NH3)  ;

(c)  one pair of protective boots made of material impervious to anhydrous ammonia (NH3)  ;

(d)  one protective slicker/apron or protective pants and jacket made of material impervious to anhydrous ammonia (NH3)  ;

(e)  easily accessible shower within the work area or at least 75 gallons of clean water in an open top container;

(f)  tight-fitting, vented chemical goggles.

(2)  The filling densities for nonrefrigerated containers by weight shall not exceed the following:

                     Aboveground   Underground

(a)  Uninsulated            56%            58%

(b)  Insulated             57%

(c)  Containers regulated by department of transportation shall be filled in accordance with Hazardous Materials Transportation Regulations (Subch. C, ARM 171.6)  .

(3)  The filling density for refrigerated storage tanks shall be such that the tanks will not be liquid full at a liquid temperature corresponding to the vapor pressure at the start-to-discharge pressure setting of the safety relief valve.

(2)  Containers shall be filled or used only upon written authorization of owners.

(3)  Containers shall be gauged and charged only in the open air or in a building especially provided for that purpose.

(4)  Pumps used for transferring anhydrous ammonia shall be recommended and labelled for anhydrous ammonia service by the manufacturer:

(a)  Liquid pumps may be piston, rotary, centrifugal or regenerative type for 250 psig working pressure.

(b)  Positive displacement pumps shall have installed off the discharge port a constant differential relief valve discharging through a line of sufficient size to carry the full capacity of the pump at relief valve setting, which setting and installation shall be according to pump manufacturer's recommendation.

(c)  A pressure gauge graduated from 0 to 400 psig shall be installed before the relief valve line on the discharge side of the pump.

(d)  Centrifugal or regenerative pumps do not require a bypass valve, but the installation shall incorporate a line from the discharge side of the pump to the vapor space of the supplying tank and a shutoff valve shall be installed in this line.

(5)  Plant piping shall contain shutoff valves located as close as practical to the pump connections.

(6)  Compressors used for transferring or refrigerating anhydrous ammonia shall be recommended and labelled for anhydrous ammonia service by the manufacturer:

(a)  Compressors may be reciprocating or rotary design for 250 psig working pressure.

(b)  Plant piping shall contain shutoff valves located as close as practical to compressor connections.

(c)  A relief valve large enough to discharge the full capacity of the compressor shall be connected to the discharge before any shutoff valve. The discharging pressure of this valve shall not exceed 300 psig and shall be installed so that it will be vented in a safe location if discharged.

(d)  Compressors shall have pressure gauges graduated from 0-400 psig at suction and discharge.

(e)  Adequate means, such as a drainable liquid trap, shall be provided on the compressor suction to minimize the entry of the liquid into the compressor.

(7)  Loading and unloading systems shall be protected by backflow check valves or properly sized excess flow valves to prevent the emptying of the storage container(s)  in the event of severance of the hose.

(8)  Transport vehicles shall not be utilized for bulk storage of anhydrous ammonia unless incapacitated at an approved site.

(9)  Railway tank cars must be transferred at a site that has a permanent storage tank of a capacity equal to 50 percent of the railway tank car. Sites not able to meet the 50 percent transfer requirement shall apply to the department annually for a letter of authorization. The department shall, after inspecting the site and its facilities and if these are found in compliance with these rules, except for the 50 percent requirement, issue a one year permit allowing the transfer of anhydrous ammonia at such site.   In the case of paragraph 11 of this section, no letter of authorization is required.

(10)  All transport or railroad loading and unloading riser liquid and vapor valves must be secured valves or a security fence with two gates on opposite sides shall be installed and kept locked during the time the plant is unattended.

(11)  The transfer of anhydrous ammonia from a tank car or transport to any other unit for the purpose of converting anhydrous ammonia to aqueous ammonia shall only be done upon a railway spur owned or leased to the operator of such facility where the railway tank car can be retained for an indefinite period and where an aqueous converter is installed at a site. The transfer must be done in one continuous operation. The requirements of ARM 4.12.706 must be met before such site and facility will be approved by the department. Approved anhydrous ammonia installations designed for converting aqueous ammonia must have sufficient permanent storage to permit continuous and uninterrupted unloading from railway tank cars or trucks.

(12)  Provision must be made to prevent bleeding of transport and rail car liquid lines or hoses into the atmosphere when disconnecting. This shall be done through the use of wet hose with a shut-off valve at each end of the hose, by bleeding into water at no greater rate than one gallon of anhydrous ammonia to ten (10)  gallons of ammonia-free water to prevent discharge of fumes into the atmosphere, or with an approved recovery vapor system.

(13)  The filling of mobile containers with a capacity of 2000 gallons or less with anhydrous ammonia is permissible only at a permanent storage facility approved by the department for this purpose. Anhydrous ammonia may be transferred from a transport truck or other vehicle with a maximum capacity of 10,500 gallons into containers of 2,000 gallons capacity or less mounted on farm vehicles or containers of 3,000 gallons mounted on motor-driven applicators. This transfer operation is limited to rural areas and only on the premises of the consignee.

(2)  The track of a tank car siding shall be substantially level.

(3)  Brakes shall be set and wheels blocked on all cars being unloaded.

(4)  Tank cars of anhydrous ammonia shall be unloaded only at permanent storage locations.

(2)  All gauging devices shall be arranged so that the maximum liquid level to which the container may be filled is readily determined.

(3)  Gauging devices that require bleeding of the product to the atmosphere, such as the rotary tube, fixed tube and slip tube, shall be so designed that the bleed valve maximum opening is not larger than a No. 54 drill size, unless the device is equipped with an excess flow valve.

(4)  Gauging devices shall have a design working pressure at least equal to the design pressure of the storage tank on which they are used.

(5)  Fixed liquid level gauges shall be so designed that the maximum volume of the container filled by liquid shall not exceed 85 percent of its water capacity. The coupling into which the fixed liquid level gauge is threaded must be placed at the 85 percent level of the container. If located elsewhere, the dip tube of this gauge must be installed in such a manner that it cannot be readily removed. This does not apply to refrigerated storage of anhydrous ammonia.

(1)  Electrical equipment and wiring for use in anhydrous ammonia installations shall be either general purpose or weather resistant as appropriate.

(2)  Where concentrations of ammonia in air in excess of 16 percent by volume are likely to be encountered, electrical equipment and wiring shall be of a type specified by and installed in accordance with National Electrical Code (National Fire Prevention Association 70, ANSI-C1)  for Class 1, Group D locations.

�

(a) �containers shall be constructed in accordance with ARM 4.12.704 with a minimum design pressure of 250 psig;

(b) �U-68 and U-69 ASME Code containers with a design pressure of 200 psig are acceptable if recertified to 250 psig and equipped with safety relief valves set at 250 psig as stated in ARM 4.12.710(2) �.

(2) �Installation of storage containers:

(a) �Aboveground installation of anhydrous ammonia containers shall be installed on reinforced concrete footings or foundations or structural steel supports mounted on reinforced concrete foundations or sufficient equivalent prepared on gravel pad. The reinforced concrete foundations or footings must extend below the established frost line and shall be of sufficient width and thickness to support the total weight of the containers and contents adequately. The foundations shall maintain the lowest point of the tank at not less than 24 inches above the ground. I-beams shall support the weight of the tank and product.

(b) �Skid-mounted anhydrous ammonia storage tanks must be installed on permanent concrete footing or adequate floating reinforced concrete slabs. Skid-mounted units shall include all piping and pumps or compressors as one unit. If the design of such a unit precludes a minimum of 24 inches ground-to-tank clearance, bottom-side inlet, outlet valves and piping are prohibited.

(c) �Horizontal aboveground containers shall be mounted on foundations in such a manner as to permit expansion and contraction. Every container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell. Means of preventing corrosion shall be provided on that portion of the container in contact with the foundations or saddles.

(d) �Secure anchorage or adequate pier height shall be provided against container flotation wherever high flood water might occur.

(e) �Distance between aboveground containers over 2000 gallons capacity shall be at least five feet.

(f) �Container buried underground shall be placed so that the top of the container is at least one foot below the surface of the ground. Should ground conditions make compliance with this requirement impracticable, precautions, such as guard rails, shall be taken to prevent physical damage to the container. It will not be necessary to cover the portion of the container to which a manhole and other connections are affixed. When necessary to prevent flotation, containers shall be securely anchored or weighted.

(g) �Underground containers shall be set on firm foundations (firm earth may be used) �and surrounded with soft earth or sand well tamped in place. As a further means of resisting corrosion, the container, prior to being placed underground, shall be given a protective coating equivalent to hot dip galvanizing or two preliminary coatings of red lead followed by a heavy coating of coal tar or asphalt. The coated container shall be lowered into place in such a manner as to prevent abrasion or other damage to the coating.

(3) �Container valves and accessories:

(a) �all containers shall be equipped with a fixed liquid level gauge;

(b) �all containers shall be equipped with a vapor pressure indicating gauge having a dial graduated from 0-400 psig;

(c) �the filling connection shall be fitted with an approved combination back-pressure check valve, excess-flow valve, or a positive shutoff valve in conjunction with either an internal back-pressure check valve or an internal excess-flow valve;

(d) �all containers shall be equipped with an approved vapor return valve;

(e) �all vapor and liquid connections, except safety relief valves and those specifically exempt in this section, shall be equipped with approved excess-flow valves or fitted with approved remote controlled quick-closing internal valves which shall remain closed, except during operating periods.

(4) �Every container shall be provided with one or more safety relief valves of the spring-loaded type and shall comply with the following:

(a) �The discharge from safety relief valves shall be directed upward, unobstructed into the open air, and away from the container. Vent pipes shall not be restricted nor smaller in size than the relief valve outlet connection. All relief valve discharges shall have raincaps that will allow the free discharge of the vapor and prevent the entrance of water. Provision shall be made for draining condensation which may accumulate.

(b) �Vent pipes from two or more safety relief devices located on the same unit or similar lines from two or more different units may be run into a common header, provided the cross-sectional area of the header is at least equal to the sum of the cross-sectional area of the individual vent pipes.

(5) �Underground containers:

(a) �Spring-loaded relief valves installed on underground containers may be reduced to a minimum of 30 percent of the rate of discharge specified in Table A. Containers so protected shall not be uncovered after installation until the liquid anhydrous ammonia has been removed. Containers which may contain liquid anhydrous ammonia before being installed underground and before completely covered with earth are to be considered aboveground containers when determining the rate of discharge requirement of the relief valves.

(b) �The discharge from vent pipes should be above the possible water level on underground installation where there is a probability that the manhole or housing may become flooded. All manholes or housings shall be provided with ventilated louvers or their equivalent. The area of such openings shall equal or exceed the combined discharge areas of safety relief valves and vent pipes that discharge their content into the manhole housing.

(6) �Each tank or group of tanks shall be marked on at least two approaching sides with the words "Caution-Ammonia" or "Caution-Anhydrous Ammonia" in sharply contrasting colors with letters not less than four inches high.

(7) �Individual storage container capacity shall be limited only by good engineering practice (according to the code) �.

(8) �Protection of tank accessories and grounding:

(a) �Valves and other appurtenances shall be protected against tampering and physical damage. Such appurtenances shall also be protected during the transit of containers intended for installation underground.

(b) �All connections to underground containers shall be located within a metal dome, housing, or manhole fitted with a metal removable cover.

(c) �Storage tanks need not be grounded. Where an electrical system exists, such as for lights or pump motors, the electrical system shall be installed and grounded in a manner as required by the National Electrical Code or local ordinance.

(d) �Manually controlled valves, which if open would allow anhydrous ammonia to discharge into the atmosphere, shall be kept secured when the installation is unattended.

(e) �All areas occupied by storage installations shall be kept free of dry grass and weeds.

(f) �The owner of an abandoned storage system shall be responsible for its maintenance, safe disposal of anhydrous ammonia, and shall keep the storage site free of dry grass and weeds.

(9) �Containers once installed underground shall not later be installed aboveground or underground, unless they successfully withstand hydrostatic pressure tests at the pressure specified for the original hydrostatic test as required by the code under which the container was constructed and show no evidence of serious corrosion. Reinstalled containers must also comply with ARM 4.12.719(3) �.

(1)  This section applied to containers of 2000 gallons capacity or less and pertinent equipment mounted on farm wagons (implements of husbandry)  and used for the transportation of anhydrous ammonia. ARM 4.12.704 to ARM 4.12.718 apply to this section unless otherwise noted.

(2)  Design, working pressure and classification of containers:

(a)  containers shall be constructed in accordance with ARM 4.12.704 with a minimum design pressure of 250 psig;

(b)  the shell or head thickness of any container shall not be less than 3/16 of an inch;

(c)  all containers over 500 gallons capacity should be equipped with semirigid baffle plates.

(3)  Mounting container:

(a)  Stop or stops shall be mounted on the truck, semi-trailer, or trailer or on the container in such a way that the container shall not be dislodged from its mounting due to the vehicle coming to a sudden stop. Back slippage shall also be prevented.

(b)  A hold-down device shall be provided which will anchor the container to the vehicle at one or more places on each side of the container.

(c)  When containers are mounted on four-wheel trailers, care shall be taken to insure that the weight is distributed evenly over both axles.

(d)  When the cradle and the tank are not welded together, material shall be used between the two to eliminate metal-to-metal friction.

(4)  Container valves and accessories:

(a)  All containers shall be equipped with a fixed liquid level gauge.

(b)  All containers with a capacity of 250 gallons or more shall be equipped with a pressure indication gauge having a dial graduated from 0-400 psig.

(c)  The filling connection shall be fitted with a positive shutoff valve in conjunction with either an internal back-pressure check valve or an internal excess-flow valve.

(d)  All containers with a capacity exceeding 250 gallons shall be equipped for spray loading or with a vapor return valve.

(e)  All vapor liquid connections, except safety relief valves and those specifically exempt in ARM 4.12.707 shall be equipped with excess-flow valves or quick-closing internal valves which shall remain closed except during operating periods.

(f)  Fittings shall be adequately protected from physical damage by:

(i)  a metal box or cylinder with an open top securely fastened to the container;

(ii)  rigid guards, well braced, welded to the container on both sides of the fittings; or

(iii)  a metal dome. If a metal dome is used, the relief valve shall be properly vented through the dome.

(g)  If a liquid withdrawal line is installed in the bottom of the container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the vehicle axle.

(h)  Both ends of the hose shall be made secure while in transit.

(5)  Marking of container:

(a)  Four (4)  diamond type, non-flammable, department of transportation gas placards shall be displayed (one on each side and one on each end)  .

(b)  The words "Anhydrous Ammonia" shall appear on each side and each end in letters no less than two (2)  inches high.

(c)  The words "Liquid" or "Vapor" shall be placed on or within 12 inches of the appropriate valve by means of stencil, tag, decal, or color coding with a legible legend ORANGE LIQUID and YELLOW VAPOR on the tank.

(6)  Farm wagons (implements of husbandry)  :

(a)  Farm wagons (implements of husbandry)  are as defined in the Montana Motor Vehicle Code.

(b)  All farm wagons shall be securely attached to the vehicle drawing them by means of drawbars supplemented by safety chains of sufficient size and strength to prevent the towed vehicle parting from the drawing vehicle in case the drawbar should break or become disengaged.

(c)  A farm wagon shall be constructed so that it will follow substantially in the path of the towing vehicle and will prevent the towed farm wagon from dangerously whipping or swerving from side to side.

(d)  All farm wagons shall have at least five (5)  gallons of readily available clean water.

(7)  Nurse tanks containing anhydrous ammonia shall be stored no less than 50 feet from the edge of the adjacent road, 150 feet from place of private or public assembly, and 750 feet from place of institutional occupancy.

(1)  This section applies to systems mounted on farm equipment and used for the field application of anhydrous ammonia. ARM 4.12.704 through ARM 4.12.718 apply to this section unless otherwise noted.

(2)  Design, working pressure and classification of containers:

(a)  Containers shall be constructed in accordance with ARM 4.12.704 with a minimum design pressure of 250 psig.

(b)  The shell or head thickness of any container shall not be less than 3/16 of an inch.

(3)  Mounting of containers:

(a)  All containers and flow-control devices shall be securely mounted.

(b)  Applicators must be marked the same way as systems mounted on farm wagons transporting anhydrous ammonia. (See ARM 4.12.720(5)  .

(4)  Containers, valves and accessories:

(a)  Each container shall have a fixed liquid level gauge.

(b)  The filling connection shall be fitted with a positive shutoff valve in conjunction with either an internal back-pressure check valve or an internal excess-flow valve.

(c)  To assist in filling applicator tanks, it will be permissible to bleed the tank to open air provided the controlling orifice of the bleeder valve is not in excess of 5/16 inch in diameter. In this instance, an excess flow valve is not required.

(d)  Metering devices may be connected directly to the tank withdrawal valve. A union type connection is permissible between the tank valve and metering device. Remote mounting of metering devices is permissible if the hose which meets the specifications set out in Table B is used.   When the applicator tank is trailed and the metering device is remotely mounted, such as on the tractor tool bar, an automatic break-a-way, self-closing coupling shall be used.

(e)  Valves and accessories shall be protected by means of well braced, rigid guards, and secured to the container on both sides of the fittings. The guards shall be designed to withstand a force in any direction of two times the weight of the loaded container.

(f)  Applicators shall be filled at least 100 yards from any occupied building at any off-approved site.

(5)  Safety equipment and operation shall be in accordance with the Montana Vehicle Code including ARM 23.3.420.

(a)  Tanks may be designed for any storage pressure desired as determined by economical design of the refrigerated system.

(b)  Tanks with a design pressure exceeding 15 psig shall be constructed in accordance with ARM 4.12.704 in addition the materials shall comply with ARM 4.12.704.

(c)  Tanks with a design pressure of 15 psig and less shall be constructed in accordance with the general requirements of American Petroleum Institute Standard 620 or API Standard 12-C with the following modifications:

(i)  The liquid specific gravity used for design shall be at least as high as the maximum specific gravity at minimum storage temperature of the ammonia being stored.

(ii)  The joint efficiency shall not exceed 0.85 unless inspection requirements exceed those of API Standard 12-C. A joint efficiency of 1.00 may be used provided all shell weld junctions are radiographed in addition to the spot radiographic requirements of API Standard 12-C. Full penetration double butt weld shall be used for girth joints.

(iii)  The design of shells other than vertical cylindrical tanks for all pressure up to 15 psig inclusive shall use design stresses no higher than the stress values given for pressures from 0.5 to 5 psig inclusive in the first edition of API Standard 620.

(d)  Refrigerated storage tanks shall be hydrostatically tested to the highest level possible without the shell membrane stress during the test exceeding 30 percent of the specified minimum yield strength of the shell material. When this limitation precludes completely filling the tank, the remaining welded joints shall be tested using penetrant test methods specified in API Standard 12-C.

(e)  Ferritic steels for tank shells and bottoms shall be selected for the design temperature. This application may be based on impact test requirements or equivalent criteria (See Table B)  .

(f)  When austenitic steels or non-ferrous materials are used the code shall be used as a guide for temperature requirements.

(g)  Materials for nozzles, attached flanges, structural members which are in tension, and other such critical elements shall be selected for the design temperature. This selection may be based on impact test requirements or equivalent criteria (See Table B)  .

(2)  Installation of storage tank:

(a)  Tanks shall be supported on a non-combustible foundation designed to accommodate the type of tank being used.

(b)  Secure anchorage or adequate pier height shall be provided against tank flotation wherever high flood water might occur.

(3)  Tank valves and accessories, fill pipes and discharge pipes:

(a)  Shutoff valves shall be:

(i)  provided for all connections, except those with a No. 54 drill size restriction, plugs, safety valves, thermometer wells; and

(ii)  located as close to the tank as practicable.

(b)  When operating conditions make it advisable, a check valve shall be installed on the fill connection and a remotely operated shutoff valve on other connections located below the maximum liquid level.

(4)  Safety devices:

(a)  Safety relief valves shall be set to start-to-discharge at a pressure not in excess of the design pressure of the tank and shall have a total relieving capacity sufficient to prevent a maximum pressure in a container of more than 120 percent of the design pressure.

(b)  The size of relief valves shall be determined by the largest volume requirement of the following:

(i)  possible refrigeration system upset, such as:

(A)  cooling water failure,

(B)  power failure,

(C)  instrument air or instrument failure,

(D)  mechanical failure of any equipment, or

(E)  excessive pumping rates.

(ii)  the American National Standards Institute's Fire Safety Provisions (Section 4.5.2.2)  .

(c)  All safety devices shall comply with the following;

(i)  The discharge from safety relief valve shall be vented away from the tank at any desired angle above the horizon using a vent stack designed for weather protection. The size of discharge lines from safety relief valves shall not be smaller than the nominal size of the relief valve outlet connections. Provisions shall be made for draining condensation which may accumulate.

(ii)  Discharge lines from two or more safety relief devices located on the same unit may be run into a common discharge header, provided the cross-sectional area of such header is at least equal to the sum of the cross-sectional area of the individual discharge lines and that the settings of the safety relief valves are the same.

(5)  Protection of tank accessories and grounding: Refrigerated storage tanks shall comply with the provisions of ARM 4.12.719(9)  .

(6)  Tanks of such size as to require field fabrication shall, when moved and reinstalled, be reconstructed and reinspected in complete accordance with the code under which they were constructed. The tanks shall be subjected to a pressure retest, and if re-rating is necessary, it shall be done in accordance with the applicable code procedures.

(7)  Precaution shall be taken to avoid any damage by trucks, tractors or other vehicles.

(8)  Refrigerated load and equipment:

(a)  The total refrigeration load shall be computed as the sum of the following:

(i)  Load imposed by heat flow into the tank caused by the temperature differential between design ambient temperature and storage temperature.

(ii)  Load imposed by heat flow into the tank caused by maximum sun radiation.

(iii)  Maximum load imposed by filling the tank with anhydrous ammonia warmer than the design storage temperature.

(b)  More than one storage tank may be handled by the same refrigeration system.

(c)  Compressors:

(i)  A minimum of two compressors shall be provided either of which is of sufficient size to handle the loads listed in ARM 4.12.722(8)  (a)  (i)  (ii)  . Where more than two compressors are provided, minimum standby equipment equal to the largest normally operating equipment shall be installed.

(ii)  Compressors shall be sized to operate with a suction pressure at least 10 percent below the minimum setting of the safety valves)  on the storage tank and shall withstand a suction pressure at least equal to 120 percent of the design pressure of the tank. Discharge pressure will be governed by condensing conditions.

(d)  Compressor drives:

(i)  Each compressor shall have its individual driving unit.

(ii)  Any standard drive consistent with good design may be used.

(iii)  An emergency source of power of sufficient capacity to handle the loads in ARM 4.12.722(8)  (a)  (i)  (ii)  shall be provided, unless facilities are provided to safely dispose of vented vapors while the refrigeration system is not operating.

(e)  Automatic control equipment:

(i)  The refrigeration system shall be arranged with suitable controls to govern the compressor operation in accordance with the load as evidenced by pressure in the tank or tanks.

(ii)  Any emergency alarm system shall be installed to function in the event the pressure in the tank or tanks rises to the maximum allowable operating pressure.

(iii)  An emergency alarm and shutoff shall be located in the condenser system to respond to excess discharge pressure caused by failure of the cooling medium.

(iv)  All automatic controls shall be installed in a manner to preclude operation of alternate compressors unless the controls will function with the alternate compressors.

(f)  Separators:

(i)  An entrainment separator of a size capable of holding any liquid material entering the line during the transfer operation shall be installed in the compressor suction line. The separator shall be equipped with a drain and gauging device.

(ii)  An oil separator of a size capable of holding any liquid material entering the line during the transfer operation shall be installed in the compressor discharge line. It shall be designed for at least 250 psig and shall be equipped with a gauging device and drain valve.

(g)  Condensers: The condenser system may be cooled by air or water or both. The condenser shall be designed for at least 250 psig. Provision shall be made for purging non-condensibles either manually or automatically.

(h)  Receiver and liquid drain: A receiver shall be provided which is equipped with an automatic float valve to discharge the liquid anhydrous ammonia to storage or with a high pressure liquid drain trap of a capacity capable of holding any liquid material entering the line. The receiver shall be designed for at least 250 psig operating pressure and be equipped with the necessary connections, safety valves, and gauging device.

(i)  Insulation:

(i)  Where insulation is required, insulation thickness shall be determined by good design.

(ii)  Insulation of refrigerated tanks and pipelines shall be waterproofed. The insulating material shall be fire retardant. The weatherproofing shall be fire resistant.

(j)  Piping: All piping shall be well supported and provision shall be made for expansion and contraction. All refrigeration system piping shall conform to Section 5 of the American Standards Association's "Code for Pressure Piping" (B 31.1)  as it applies to anhydrous ammonia.

(k)  Safety equipment: All refrigerated storage plants shall have on hand the minimum safety equipment required under ARM 4.12.711(2)  .

(2)  Nitrogen fertilizer solution containers shall be designed to withstand at least the maximum pressure to which they may be subjected.

(3)  Containers in excess of 3,000 gallons and designed for 15 psig or greater shall be constructed in accordance with the code.

(4)  Pressure-vented containers not covered by the code shall be tested by the manufacturer at one and one-half (1-1/2)  times the design working pressure.

(5)  Nitrogen fertilizer solution containers of 3,000-gallon capacity or less shall be clearly and permanently labeled as follows:

(a)  name and location of manufacturer.

(b)  design pressure (if pressure vented)  .

(6)  nitrogen fertilizer solution containers in excess of 3,000 gallons shall be clearly and permanently labeled as follows:

(a)  name and location of manufacturer;

(b)  design pressure (if pressure vented)  ;

(c)  serial number;

(d)  nominal water capacity in U.S. gallons;

(e)  year of manufacture.

(1)  Shutoff valves and appurtenances shall be of material suitable for use with the nitrogen fertilizer solution being handled and designed for not less than the maximum pressure to which they may be subjected.

(2)  Except for safety pressure and vacuum relief connections and vents, connections to pressure-vented containers shall have shutoff valves located as close to the container as practicable.

(2)  Screwed joints are permissible provided they are able to withstand maximum pressures to which they are subjected. Pipe joint compounds shall be resistant to nitrogen fertilizer solutions and compatible with materials employed.

(3)  Provision shall be made in the piping system to compensate for expansion, contractions, jarring, vibration and settling.

(4)  After assembly, all piping and tubing shall be tested and proved to be free from leaks at a pressure not less than the normal operating pressure of the system.

(2)  Hose and hose connectors shall be designed for at least the maximum pressure to which they may be subjected.

(2)  Container safety pressure relief valves shall be set to start-to-discharge at a pressure not to exceed 110 percent of the design pressure of the container.

(3)  Safety pressure relief valves shall be arranged so the possibility of tampering will be minimized. If the pressure setting adjustment is external, the relief valves shall be provided with means for sealing the adjustment.

(4)  Shutoff valves shall not be installed between the safety pressure relief valves or the vacuum relief valve and the container. A safety relief valve manifold which allows one valve of two, three, four, or more to be closed and the remaining valve(s)  will provide not less than the rate of discharge to allow the proper cubic feet per minute of air in relation to tank capacity as shown in Table A.

(5)  Each safety pressure relief valve and vacuum relief valve used shall be clearly and permanently marked as follows:

(a)  The relief setting.

(b)  The rate of discharge. (See Table E.)  

(c)  The manufacturer's name and identification number.

(6)  Connections for venting, such as couplings, flanges, nozzles, and discharge lines, to which relief valves are attached, shall have internal dimensions at least as large in diameter as the relief valve to avoid restriction of flow through the relief valves.

(7)  Discharge from safety pressure relief devices of permanent storage containers shall be directed in such a manner as to prevent any impingement of escaping gas.

(1)  A competent attendant shall supervise the transfer of liquids from the time the connections are first made until they are disconnected.

(2)  Pumps shall be of a material suitable for use with the solution being handled and designed to withstand the working pressure.

(3)  Air compressors may be used for transfer of nitrogen fertilizer solutions:

(a)  The air compressor shall be protected with a back flow check valve in the air line to prevent the flow of nitrogen fertilizer solutions or vapor from the container into the air compressor.

(b)  A relief valve large enough to discharge the full capacity of the compressor shall be connected to the discharge before any shutoff valve.

(4)  All storage installations shall be equipped with devices so as to minimize tampering while installation is unattended.

(5)  Containers shall be filled or used only upon authorization of owner or owner's agent.

(2)  While tank cars are on siding for loading or unloading, the wheels at both ends shall be blocked on the rails.

(3)  Tank car loading or unloading site shall be substantially level.

(1)  Gauging devices shall be arranged so that the maximum liquid level to which the container may be filled is readily determinable.

(2)  Gauging devices shall have a design working pressure at least equal to the design pressure of the container on which they are used.

(3)  Tube type liquid level gauging devices on containers in excess of 3,000 gallons shall be equipped with shutoff valves at the lower connection.

(2)  Installation of storage containers:

(a)  Aboveground containers shall rest on the ground or on foundations in such a manner as to permit expansion and contraction. Every container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell. That portion of the container in contact with the foundation or the ground shall be protected against corrosion in accordance with the code.

(b)  Wherever high flood water might occur, container shall be securely anchored or placed on a pier of a height above the normal high water mark.

(3)  Protection of storage containers and accessories:

(a)  Containers need not be electrically grounded. Where an electrical system exists, such as for lighting or pump motors, the electrical system shall be installed and grounded as recommended by the National Electrical Code (as adopted this 1st day of January, 1982)  .

(b)  Storage container sites shall be kept free of debris and weeds.

(c)  A sign with letters of a minimum height of 2 inches shall be displayed in a conspicuous place stating the name, address and telephone number of the owner, manager or local agent of the storage location.

(4)  All stationary, pressure-vented storage plants shall have on hand as a minimum the following equipment:

(a)  a gas mask, approved by the U.S. Bureau of Mines (30 CFR part II, section 14f)  ;

(b)  one pair of rubber or plastic gloves;

(c)  readily accessible shower or at least 75 gallons of clean water in an open top container;

(d)  tight-fitting, vent-type chemical goggles or a full face shield.

(5)  Transfer of nitrogen fertilizer solutions:

(a)  In the handling and transfer of nitrogen fertilizer solutions at the storage site, a closed system or an equally effective system which will control objectionable free vapors shall be provided.

(b)  Transfer of nitrogen fertilizer solutions from trucks, semi-trailer or trailers in excess of 3,000-gallon capacity shall be made only at sites approved by the department (ARM 4.12.735)  or at the site of application.

(6)  The filling volume of pressure-vented nitrogen fertilizer solution storage containers shall not exceed 95 percent.

(7)  The owner of an abandoned storage system shall be responsible for its proper maintenance and the safe disposal of the solutions.

(1)  ARM 4.12.725 applies to this section.

(2)  Mounting containers in trucks:

(a)  Stops (wood or metal blocks)  shall be mounted on the truck, semi-trailer, trailer, or on the container in such a way that the container shall not be dislodged from its mounting due to the vehicle coming to a sudden stop. Back slippage shall also be prevented.

(b)  Hold-down devices shall anchor the container to the cradle, frame, or chassis in a manner to prevent the container from rolling or bouncing off the vehicle and that will not create undue concentration of stress.

(c)  Any truck or trailer designed so that the container or containers constitute in whole or part the stress member of the chassis of the vehicle in lieu of a frame shall be constructed to withstand the additional stresses which are imposed. Cradles, when welded, shall be welded to the container by a welder who is registered under the code and shall be designed to withstand a force in any direction equal to two (2)  times the weight of the container when filled with nitrogen fertilizer solution.

(d)  If a liquid withdrawal line is installed in the bottom of a container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the trailer axle.

(e)  Both ends of the hose shall be secured while in transit.

(f)  When the cradle and the tank are not welded together, material which will not deteriorate with weather or create a friction shall be used between them to eliminate metal-to-metal friction.

(2)  Mounting containers:

(a)  A hold-down device shall be provided which will anchor the container at one or more places on each side of the container to the vehicle to prevent its dislodging in event of any sudden stop or start.

(b)  When containers are mounted on four-wheel trailers, care shall be taken to insure that the weight is evenly distributed over both axles.

(c)  When the cradle and the tank are dissimilar metals, material which will not deteriorate with weather or create friction shall be used between to eliminate metal-to-metal contact.

(3)  Container, valves and accessories:

(a)  Each container shall be equipped with a liquid level gauging device.

(b)  If a liquid withdrawal line is installed in the bottom of the container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the vehicle axle.

(c)  Both ends of the hose shall be secured while in transit.

(4)  Implements of husbandry are defined in the Montana Motor Vehicle Code transporting nitrogen fertilizer solutions shall include the following safety devices:

(a)  All trailers shall be securely attached to the vehicle drawing them supplemented by safety chains of sufficient size and strength to prevent the towed vehicle parting from the drawing vehicle in the case the drawbar should break or become disengaged.

(b)  A trailer shall be constructed so that it will follow in the path of the towing vehicle and will prevent the towed vehicle from slipping or swerving dangerously from side to side.

(c)  All nitrogen fertilizer system vehicles shall carry at least 5 gallons of clean water.

(d)  and conform with the requirement of ARM 23.3.420.

(2)  Mounting of containers shall be as follows:

(a)  Each container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell.

(b)  A hold-down device shall be provided which will anchor container to vehicle at one or more places on each side.

(c)  When the cradle and the tank are of dissimilar metals, material which will not deteriorate with weather or create friction shall be used between to eliminate metal-to-metal contact.

(3)  Container, valves and accessories:

(a)  Each container shall be equipped with a liquid level gauging device.

(b)  Flow control equipment may be connected directly to the tank coupling or flange, in which case a flexible connection shall be used between such control equipment and the remainder of the liquid withdrawal system. Flow control equipment not so installed may be connected to the container with a flexible connection.

(2)  The notice of violation shall include:

(a)  the nature and evidence of the violation;

(b)  date and place of hearing for review of the violation(s)  .

(3)  If, following the hearing, the department determines a violation occurred, then it may certify its findings and conclusions to a prosecuting attorney for prosecution of the violation.

(a)  the present or proposed anhydrous ammonia facility does not constitute a danger to public health or safety and;

(b)  compliance with the rules from which the variance is sought would produce hardship without equal or greater benefits to the public.

(2)  No variance or temporary variance may be granted except after public hearing on due notice and until the Montana department of agriculture has considered the relations interests of the applicant, other owners or property likely to be affected by the anhydrous ammonia facility, and the general public.

(3)  The variance or temporary variance may be renewed if no complaint is made to the department because of it or if, after the complaint has been made and duly considered at a public hearing held by the department of agriculture on due notice, the department finds that the renewal is justified. No renewal may be granted except on application therefore. An application shall be made at least 60 days before the expiration of the variance or temporary variance. A renewal pursuant to this subjection shall be on the same grounds and subject to the same limitations and requirements as provided in subsection (1)  .

(4)  Variance or temporary variance, or renewal thereof is not a right of the applicant or holder thereof but shall be granted at the discretion of the department of agriculture. However, a person adversely affected by a variance or temporary variance, or renewal granted by the department may obtain judicial review thereof.

(5)  Nothing in this section and no variance, temporary variance, or renewal granted pursuant to this section may be construed to prevent or limit the application of 80-10-303(5)  MCA, pre-existing facilities. If the department determines that a danger exists to health, safety or welfare that was not known at the time of issuance of the variance, then the variance, or temporary variance may be revoked.

(1)  If after an inspection the department determines that a facility in existance prior to October 1, 1985 is not in compliance with the provisions in the Anhydrous Ammonia Facility Safety Act or these rules and that noncompliance may constitute a safety hazard then the department shall:            

(a)  notify the owner in writing that the facility is not in compliance and that the noncompliance may constitute a safety hazard;            

(b)  provide the owner an opportunity for a hearing to determine if continued noncompliance with the act constitutes a safety hazard.

(2)  If following a hearing the department determines the facility constitutes a safety hazard then the department shall notify the owner of the determination and it may seek remedies provided in 80-10-303 MCA.

(1)  Table A - Rate of Discharge.

     TABLE A - RATE OF DISCHARGE

Minimum required rate of discharge in cubic feet per minute (CFM)  of air for safety relief valves. Discharge measured at 60 degrees F and atmospheric pressure (14.7 pounds per square inch)  .

Surface Area Sq. Ft.	CFM	Surface Area Sq. Ft.	CFM	Surface Area Sq. Ft	CFM
20	258	185	1,600	900	5,850
25	310	190	1,640	950	6,120
30	360	195	1,670	1,000	6,380
35	408	200	1,710	1,050	6,640
40	455	210	1,780	1,100	6,900
45	501	220	1,850	1,150	7,160
50	547	230	1,920	1,200	7,410
55	591	240	1,980	1,250	7,660
60	635	250	2,050	1,300	7,910
65	678	260	2,120	1,350	8,160
70	720	270	2,180	1,400	8,410
75	762	280	2,250	1,450	8,650
80	804	290	2,320	1,500	8,900
85	845	300	2,380	1,550	9,140
90	885	310	2,450	1,600	9,380
95	925	320	2,510	1,650	9,620
100	965	330	2,570	1,700	9,860
105	1,010	340	2,640	1,750	10,090
110	1,050	350	2,700	1,800	10,330
115	1,090	360	2,760	1,850	10,560
120	1,120	370	2,830	1,900	10,800
125	1,160	380	2,890	1,950	11,030
130	1,200	390	2,950	2,000	11,260
135	1,240	400	3,010	2,050	11,490
140	1,280	450	3,320	2,100	11,720
145	1,310	500	3,620	2,150	11,950
150	1,350	550	3,910	2,200	12,180
155	1,390	600	4,200	2,250	12,400
160	1,420	650	4,480	2,300	12,630
165	1,460	700	4,760	2,350	12,850
170	1,500	750	5,040	2,400	13,080
175	1,530	800	5,300	2,450	13,300
180	1,570	850	5,590	2,500	13,520

Surface area = Total outside surface area of container in square feet. When the surface area is not stamped on the name plate or when the marking is not legible, the area can be calculated by using one of the following formulas:

(a)	Cylindrical container with hemispherical heads area = (overall length in feet times outside diameter in feet times 3.1416).
(b)	Cylindrical container with semi-ellipsoidal heads. Area = (overall length in feet plus 0.3 outside diameter in feet)  times diameter in feet times 3.1416.
(c)	Spherical Container. Area = Outside diameter in

    

(2)  Table B - Guide for Selection of Materials for Refrigerated Ammonia Storage Tanks.

 

TABLE B - GUIDE FOR SELECTION OF MATERIALS FOR REFRIGERATED AMMONIA STORAGE TANKS
(a)	Materials for shell and bottom for tanks of all design pressures shall have ductility at low temperatures equal to or superior to those listed in Table C.
(b)	When austenitic steels or non-ferrous materials are used, the code shall be used as a guide for temperature requirements.
(c)	Materials for nozzles, attached flanges, structural members which are in tension, and other such critical elements shall be selected for the design temperature. This selection shall be based on impact test requirements, or on probabilities such as used for the plate materials listed in Table C.

(3)  Table C - Minimum Material Requirements for Shells and Bottoms of Refrigerated Storage Tanks for Various Temperatures and Thicknesses.

TABLE C - MINIMUM MATERIAL REQUIREMENTS FOR SHELLS AND BOTTOMS OF REFRIGERATED STORAGE TANKS FOR VARIOUS TEMPERATURES AND THICKNESSES

Design Temperature	Thickness	Material Spec.	Qualifications to be Added to the Basic Specification
65 F to 25 F, Incl. (See Note 1)	Up to 1/2", Incl.	Any approved steel with specified min.T.S. not exceeding 60,000 psi	None
	Over 1/2" to 1", Incl.	A-131B (or C)	None
		Case 1256	None
		A-201 A & B	FGP (Fine Grain Practice)
	Over 1" to 1 3/8", Incl.	A-131C, Case 1256	None
		A-201 A&B	None
			FGP
	Over 1 3/8"	A-131C	Normalized
		Case 1256	Normalized
		A-201 A & B	FGP, Normalized
Below 25 F to 5 F, Incl. (See Note 2)	Up to 1/2", Incl.	Case 1256	None
		A-201 A & B	None
	Over 1/2" to 1 3/8", Incl.	A-131B (to 1" max)	FGP
		A-131C	FGP
		Case 1256	FGP
		A-201 A & B (to 1" max)	FGP, High Mang.*
		A-201 A & B (over 1")	FGP, High Mang., Normalized
	Over 1 3/8"	A-131C	Normalized
		Case 1256	Normalized
		A-201 A & B	FGP, High Mang., Normalized
Below -5F to -30F (See note 3)	Up to 1/2" Incl.	Case 1256	FGP
		A-201 A & B	FGP, High Mang.
	Over 1/2" to 1 3/8" Incl.	A-131B (to 1" max)	FGP, Normalized
		A-131C	Normalized
		Case 1256	FGP, Normalized
		A-201 A & B	FGP, High Mang., Normalized
	Over 1 3/8"	A-300 Class 1	A-201 A & B Only

*Manganese content of 0.70% to 1.0% is preferred in lieu of usual content of 0.80% maximum.

Note 1: The design temperature shall be taken as the lower of the following:

(a)  The minimum temperature to which the tank contents will be refrigerated.

(b)  The minimum estimated tank shell temperature due to atmospheric temperatures,

       considering effectiveness of the insulation in keeping shell temperatures above

       expected minimum atmospheric temperature (if expected to be below the

       refrigerated temperature)  .

Note 2: For the thickness, temperature category approved steels include all of those listed in the

API 12-C and API 620. Materials for vessels must comply with the requirements of the code and

any additional requirements of the code and any additional requirements of this table. A-131 steel

is not approved by ASME and some code cases have not been approved by local jurisdictions.

All specific materials listed in table are satisfactory for all designs based on API 12-C or API 620.

Note 3: For vessels constructed under the code with a design temperature below -20F.,

the impact requirements shall comply with Table B.

(4)  Table D - Repair Welding.

TABLE D - REPAIR WELDING

(a)	All containers, piping and appurtenances which have contained or have been in direct contact with nitrogen fertilizer solutions containing ammonium nitrate must be thoroughly cleaned and washed with water (or steam)  to eliminate all solid ammonium nitrate before welding or torch cutting may be attempted: Extreme caution should be taken before attempting to weld or torch cut any container when. ammonium nitrate could be trapped, for example, in the area between tank shell and a reinforcing plate.
(b)	All containers, piping, and appurtenances which have contained aqua ammonia (ammonium hydroxide)  must be thoroughly vented and thoroughly washed with large quantities of water. After washing, they shall be filled with water to a level higher than area to be welded or repaired.
(c)	All containers shall be welded in accordance with the code.

    

(5)  Table E - Safety Pressure Relief Valves.

          TABLE E - SAFETY PRESSURE RELIEF VALVES

(a)	The rate of discharge shall be stamped on the safety relief valve in cubic feet of air per minute at: (1)  60 degrees F, (2)  14.7 pounds per square inch absolute, and (3)  120 percent of the stamped start-to-discharge setting.
(b)	Safety pressure relief valves in systems utilizing air compressors for the transfer of nitrogen fertilizer solutions shall have a minimum rate of discharge in cubic feet per minute of air of 120 percent of the compressor manufacturer's maximum rated capacity.
(c)	Safety pressure relief valves in systems utilizing pumps for transfer of nitrogen fertilizer solutions shall have a minimum rate of discharge of 120 percent of the liquid inflow rate. This can be computed as follows: Liquid pump maximum rated capacity in GPM times 0.16 equals vapor flow in CFM.

  

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been transferred.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been transferred.

(1) A public warehouse license period is July 1 through June 30. A public warehouse license expires July 1 of each year.

(2) A commodity dealer license period is July 1 through June 30. A commodity dealer license expires July 1 of each year.

(1) A public warehouseman and/or commodity dealer monthly report is required to be completed in full and filed with the Department of Agriculture (department) on a monthly basis. The report is due within 30 days of the end of the reporting month. Reports must be submitted even if no business has been conducted. These reports shall include the following information:

(a) all stored commodities in which warehouse receipts have been issued, including those held by Commodity Credit Corporation (CCC), producers, etc.;

(b) all commodities stored in each public warehouse in Montana including cash grain;

(c) all commodities for which warehouse receipts have been issued that are being stored in facilities outside of Montana;

(d) all commodities purchased in the reporting period except those contracted for future delivery;

(e) all commodities contracted for on deferred payment contract in which payment has not been made.

(2) A special report may be filed with the department in lieu of a commodity report. Special reports may be filed by: feedlot, poultry, dairy, swine, and dry edible bean operations. The special report is required to be completed in full and filed with the Department of Agriculture on a monthly basis. The report is due within 30 days of the end of the reporting month. Reports must be submitted even if no business has been conducted. The report shall include the names of producers, elevators or other dealers from whom purchases were made. The report shall include all information that is required of commodity dealers under this Grain Standards, Storage, and Merchandising Act (act).

(3) A grain movement monthly report shall be filed with the department by all licensed public warehouseman or commodity dealers licensed who ship grain. The report is due within 30 days of the end of the reporting month. Reports must be submitted even if no shipments have been made during that reporting period.

(a) Public warehouseman or commodity dealers having more than one business location shall submit separate reports for each business location.

(b) Public warehouseman or commodity dealers providing the department with internally generated computer reports shall comply with all requirements of this rule.

(c) The report shall include, but not be limited to:

(i) the amount of cwt/bu of agricultural commodities shipped;

(ii) the number of units (rail covered hoppers - rail boxcar - trucks) shipped;

(iii) the type of grain (winter wheat, spring wheat, durum, barley, oats, etc.) shipped;

(iv) the destination of shipment.

(4) A Montana wheat/barley assessment report shall be filed by the first purchaser, mortgagee, or pledgee, with the department, on forms prescribed by the department, within 20 days after the end of the month in which he purchases a grower's wheat or barley as required by 80-11-207, MCA. The information provided by the licensed commodity dealer to the department shall comply with the requirements in 80-11-207, MCA.

(5) An alfalfa seed assessment report shall be filed with the department by the first handler. The report shall be on forms prescribed by the department and filed within 20 days after the close of business for the month for which the report is being filed.

(1) The financial statement accompanying an applicant's original application must show a statement closing date that is within six months of the date of application. Thereafter, the licensee applying for renewal must submit an annual statement no later than 120 days after the close of their business year.

(2) If the financial statement indicates noncompliance with the financial requirement provisions of the grain act or the licensee fails to submit an acceptable financial statement within 120 days of the end of their fiscal year end, the department may immediately suspend their license pursuant to the Administrative Procedure Act, issue a fine, and/or make the license conditional on the paperwork arriving at a specified time.

(1) A surety bond, or bond equivalent may be in bond increments rounded up to the nearest $2,000.00.

(2) The surety bond shall be on a form prescribed by the department.

(3) Such surety bond shall name the state of Montana as obligee for the benefit of all parties.

(4) A surety bond required by 80-4-504 and 80-4-601, MCA, shall be effective on the date of commencement, shall not be affected by the expiration of the license period, and shall continue in full force and effect until cancelled. The continuous nature of a surety bond, however, shall in no event be construed to allow the liability of the surety under a surety bond to accumulate for each successive license period during which the surety bond is in force, but shall be limited in the aggregate to the amount stated on the bond or as changed, from time to time, by appropriate endorsement or rider.

(5) The principal or the surety on a bond may cancel a bond by written notice of intent to cancel, by registered or certified mail, with return receipt, to the other party and to the department. Such written notice shall be received at least 60 days prior to the cancellation date specified on the notice.

(6) Not later than 45 days after a notice of intent to cancel as described in (5) of this section is received by a public warehouseman, the licensee shall file with the director a new bond or bond equivalent which must become effective and be in full force and effect on and after the date upon which his existing bond is to be cancelled.

(1) Rules promulgated hereunder that apply to surety bonds shall also apply to certificates of deposit (CD) and other bond equivalents.

(2) A CD may be liquidated for disbursement for the same reasons and in the same manner that surety bond proceeds may be requested for disbursement.

(3) A CD or other bond equivalent shall be on a form approved by the department.

(4) A CD issued by a bank or savings and loan association that is a member in good standing with the federal deposit insurance corporation or the federal savings and loan insurance corporation, respectively may be submitted to the department in lieu of a surety bond for a public warehouseman or a commodity dealer as required by 80-4-504 and 80-4-601, MCA. The CD must be in an amount equal to the otherwise required surety bond.

(5) A CD may be automatically renewable, or for a single maturity. If it is for a single maturity, the CD must be for a term of one year or less.

(6) A CD submitted in lieu of a surety bond shall be held by the department.

(7) All CDs shall be made payable or properly assigned to the department as follows: "Pay to the order of the Director of the Montana Department of Agriculture". If a CD is assigned to the department, written consent of the assignment must be received from the financial institution issuing the certificate.

(8) All interest earned on the CD is to be credited or paid directly to the purchaser of the CD. If interest is paid to the department, it shall be endorsed to the purchaser of the CD. These conditions are valid only if no claim has been made against the CD. In event of a claim the interest earned may become a part of the dispersible proceeds of the CD.

(9) If a licensee desires to terminate a license and requests the return of a CD, the licensee filing the CD must return the license and make written request by registered or certified mail with return receipt for the return of the CD. Upon receipt of the written request and the submission of the license, the director shall hold the CD for a period of 90 days before it is returned. If at the end of the 90 days no claim against the CD has been made, the CD shall be returned, unless the director is of the opinion that claims against the CD may exist. Under these conditions, the director may hold the CD until it is determined that no claims against the CD exist.

(10) If a license issued is revoked, the CD shall be held by the director for a period of 120 days or until the director is satisfied that no claims against the CD exist.

(11) If a licensee desires to remain licensed and requests the return of a CD on file with the director, the licensee shall file with the director a replacement CD, bond, or bond equivalent in an amount required by the director in accordance with 80-4-504 and 80-4-601, MCA. The replacement CD, bond, or bond equivalent must be received, become effective and be in full force and effect on or before the date that the licensee's existing CD is to be returned. The director shall not return the CD until a replacement CD, bond or bond equivalent has been received.

(12) If a reduction in the amount of a CD is permitted by the department, such reduction shall be made by submitting a new CD in the smaller amount approved by the department. The date the CD is to be effective, shall be set by the department and any new liability accrued under the prior CD will transfer to the new CD or its equivalent. The department will release the original CD upon receipt of the reduced CD or its equivalent providing all actions are approved by the department.

(13) In addition to CDs the director may accept irrevocable letters of credit which he deems to be acceptable. All of the provisions that apply to CDs shall apply to these bond equivalents.

This rule has been transferred.

(1) The annual licensing fee for each person engaged in the business of a commodity dealer is $464 per facility and for each person operating a public warehouse, the fee is $464 per location.

(2) A warehouse license is not required if the activities that would trigger the need for the license are completed for any customer within 72 hours of receiving the commodity, the commodity is returned to the original producer, and the business carries at least $50,000 in insurance covering the goods of its customers.

(1) The public agricultural seed warehousemen shall each day, issue a warehouse receipt for each lot of agricultural seed of one kind received. Agricultural seed of one kind received from one owner during any one day may be construed to be a single lot. If seed is received for storage or cleaning and storage, a warehouse receipt shall be issued.

(2) Public agricultural warehouse storage rules and statutes shall apply to all other aspects of agricultural seed warehousing.

�

(1) �Where a negotiable receipt has been lost or destroyed, the director may, upon proof of such loss or destruction, require the warehouseman and the holder of the original receipt, to sign an affidavit. The affidavit shall state that the receipt has been lost or destroyed and cannot be produced for cancellation, that delivery or payment in full for the commodity represented by the receipt or the reissue of such receipt has been made to the holder, and that the warehouseman has not negotiated the receipt for value. The affidavit or reissued receipt shall state any encumbrance against the grain represented by the original receipt.

(1) All storage contracts on agricultural commodities in store in public warehouses, as evidenced by a public warehouse receipt, shall terminate on the last day of the license period that being June 30th of each year.

(2) The public warehouseman shall notify by registered or certified mail all public warehouse receipt holders of the provisions of 80-4-536, MCA, 30 days prior to the end of storage period.

(1) Within 48 hours of taking possession of a public warehouse, the Department of Agriculture shall give written notice of its action to the surety company on the bond or to the financial institution of the warehouseman on a CD or its equivalent.

(2) Upon taking possession of a public warehouse, the Department of Agriculture shall allow 120 days for the holder of public warehouse receipts or scale weigh tickets to provide to the department such tickets as evidence of deposit. Failure to file a claim within the 120 days provided shall defeat the claim with respect to the surety bond or its equivalent.

(3) The director may make demand upon the bond or its equivalent at any time he finds valid claims may exist against it. The department shall make full or pro rata payment on such claims within 180 days from the date of verification of all claims and receipt of liquidated bond or bond equivalent proceeds.

(a)  use a contract form which clearly states the terms of purchase basis for payment, and percentage of pure seed;

(b)  submit a sample copy of the contract and subsequent revisions to the department.

(1)  Section 80-4-422 MCA provides that: "title to all agricultural commodities sold by credit sale contract is in the purchaser as of the time the contract is executed unless the contract provides otherwise."

(2)  All credit sale contracts which do not provide that title remains with the seller until time of payment shall have the following warning on the face of the contract and in boldface type:

                "NOTICE:   FINANCIAL RISK STATEMENT:

IN THE EVENT OF FINANCIAL INSOLVENCY, AMOUNTS OWING

AFTER SURETY BOND PAYMENT, MAY RESULT IN AN UNSECURED OBLIGATION.   THE SELLER IS HEREBY ADVISED OF THE FINANCIAL RISK INVOLVED WITH THIS TYPE OF CONTRACT."

(1) In addition to those specified commodities in 80-4-402, MCA, the following crops are commodities for all purposes:

(a) pulse crops including but not limited to peas, dried peas, chickpeas, and lentils; and 

(b) beans.

(1) Upon receiving a complaint, after an inspection, or when receiving an application, the department may issue a full, conditional, or suspended license consistent with this rule to ensure the producer's safety and maintain a competitive fairness consistent with Montana antitrust laws.

(2) The department may issue a conditional license if a request is received from the licensee and modifications are deemed to be in the best interest of producers, and the alternative is not issuing a license at all.

(3) All appeals, either formal or informal, of a conditional, suspended, or revoked license are subject to the MAPA dispute process. Informal appeals are sent by letter to the director and do not require an attorney.

(4) The department's anticipated uses of conditional, suspended, and revoked licenses are listed in (a) through (c).

(a) Conditional licenses are limited in scope and differ in the amount, type, or length as requested by the licensee as the result of an inspection or as initially issued by the department. Conditional licenses will clearly state results and whether a license will become a full license or move into a suspended/revoked status.

(b) Suspended licenses can be caused by incomplete paperwork, bonding, and/or failing to comply with a financial statement filing date pursuant to ARM 4.12.1020. Suspensions last for the period of the license or until the license is reinstated by correcting the purpose for the suspension.

(i) Partially suspended licenses can prevent licensees from entering into new contracts; and/or

(ii) Fully suspended licenses can prevent licensees from receiving commodities under current contracts until payment is rendered to the grower; and/or

(iii) Voluntarily suspended licenses can be allowed if a company ceases operation in Montana, needs to restructure, or plans to change management.

(c) Revoked licenses are voided by the department due to falsified paperwork, the inability to pay a producer, or a court order. The department may refuse to relicense an entity with a revoked license for up to five years.

(1) The look back period for all offenses is five years prior to the occurrence of the new violation, except for when operating as a commodity dealer without a license, which is eight years.

(1) Records required under 80-4-613, MCA must be maintained for at least three years after payment. After that time, a commodity dealer, absent a court order or litigation hold, may dispose of them.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2)  All registration requests shall be made on forms provided by the committee.

(3)  The registration fee shall be transmitted with each registration request.

(4)  Any person owning or possessing bees that are not registered shall be subject to the penalties imposed under 80-61110 and 80-6-1111, MCA.

(5)  Each person who registers bees shall pay a registration fee of $15.

This rule has been repealed.

This rule has been repealed.

(1) In addition to the required registration of bees, beekeepers may certify bees according to the following procedure:

(a) All requests for official certification shall be made on forms provided by the committee.

(b) All certification fees shall be transmitted within ten days after the official sampling has been completed.

(c) Any person owning or possessing bees within Montana who desires to apply for certification shall do so on or before April 1, and arrange a date for sampling of said lot(s) of bees.

(d) Each person requesting certification shall pay a certification fee of $30 per sample. Each person shall also pay per diem and mileage charges as established in Title 2, chapter 18, part 5, MCA and a sampling fee of $44 per hour during the time the department employee is collecting the certification samples, including travel time.

(e) The certification fee shall provide laboratory services for the determination of pathogens, parasites, predators, nest destroyers, and live larvae count. Additional laboratory services may be provided upon request based on appropriate fee schedules.

(f) A beekeeper may deliver entire lots of leafcutting bees to an inspector to be officially sampled for certification purposes.

(g) Parasites and pathogens that bees are to specifically be examined for are:

(i) Parasites:

(A) Minute chalcid (Tetrastichus megachi),

(B) Sapyga wasp (Sapyga pumila),

(C) Canadian chalcid (Pteromalus venustus),

(D) Imported chalcid (Monodontomerus obscurus).

(ii) Pathogens:

(A) Alfalfa leafcutting bee chalkbrood (Ascosphaera sp.).

(h) Reported parasites and pathogens infestation levels apply to the levels found in the official laboratory sample only, and makes no representation as to the lot from which the sample was collected.

(a)  All bees must be in loose cell stage before samples can be taken.

(b)  A 2 ounce sample shall be taken from each 200 pounds of bees requested for certification. An official sample size shall not consist of less than 8 ounces. If the beekeeper requests for certification more than 200 pounds, then the cocoon larvae will be divided into 200 pound lots and official samples shall be obtained from each lot. All official samples shall become the property of the committee.

(c)  Once the official sample has been obtained, the remaining composite sample shall be officially sealed and left in the possession of the owner/manager. The owner/manager has 30 days from date of receipt of certification to appeal the original laboratory test results.

(d)  All samples shall be collected using a random sampling procedure, i.e., a uniform sample from the top, middle, and bottom within the bee storage containers.

(e)  All official samples shall be obtained by department personnel in the presence of the owner/manager of the bees or the owner/manager under the direct supervision of the department.

(f)  All official sample containers shall be sealed with a label showing lot number, date sampled, and signature of department employee.

(g)  All official sample lot numbers must correspond with lot numbers attached to beekeeper storage containers.

(h)  A grower whose total bees consist of less than 100 pounds may have an official sample consisting of a 2 ounce sample drawn from each 20 pounds of bees; and from a composite sample an official sample of 4 ounces may be drawn.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Laboratory analysis - $50 per sample which includes pathogens, parasites, and larvae count/lb. In addition to the $50 laboratory analysis, each sample may be tested for sex ratio and percent emergence for an additional fee of $20.

(1)  A person intending to engage in wild trapping shall apply to the committee for a permit prior to commencing trapping activities.

(2)  The application for a permit to trap wild bees shall contain: name, address, location of wild trapping activities, (1/4 section, township, range)  , number of bee boxes, and permission of property owners.

(3)  The fee for wild trapping shall be set at $10 per laminated board.

(4)  Only new laminated boards or laminated boards sterilized using approved committee methods will be used for wild trapping.

(5)  The person applying for a permit shall obtain the signature of the property owner on which the bees are to be wild trapped.

(6)  Any person keeping bees or nesting materials on property other than their own, shall clearly mark the trapping materials with his or her correct name, mailing address and phone number.   The lettering shall not be less than 1 inch in size.

(1) "Article" is any item subject to a quarantine.

(2) "Department" means the Department of Agriculture.

(3) "Accredited Certifying Official (ACO)" is a federal, state, or county official accredited to perform phytosanitary inspections and sign phytosanitary certificates for commodities meeting phytosanitary requirements.

(4) "Fomite" is any inanimate object or substance capable of carrying an organism, functions to transfer an organism, or in any other way acts as a nonliving vector of a pest.

(5) "Location" is any place where quarantine pests, quarantine articles, plants, plant propagative material, plant products, and other associated items or materials are. This includes, but is not limited to, businesses; fields; gardens; production areas; propagation areas; greenhouses; processing facilities; places where regulated articles or plants are kept, sold, traded, bartered, used, given away, or distributed; and all conveyances.

(6) "Long-term quarantine" is a quarantine that lasts over 12 months.

(7) "Permit" is a written authorization issued by the department, another state, or the federal government and is approved by the department for the movement of any prohibited or restricted plant pests or quarantined articles.

(8) "Phytosanitary documentation" is legal paperwork certifying that visual inspections have been completed by a state or federal official and that all other requirements such as, but not limited to, surveys, laboratory tests, and treatments, have been met.

(9) "Phytosanitary inspection" is an inspection conducted by an individual trained and certified to determine if prohibited materials or organisms are present or to take official samples to be examined by a qualified individual or an accredited laboratory elsewhere.

(10) "Phytosanitary measure" is an action taken to assure that prohibited materials and/or organisms are not present in or on plants or plant materials.

(11) "Plant matter" is any plant species that includes, but is not limited to, agricultural, forest, range, nursery, or ornamental species; soil; fruit, vegetables, seeds, or nuts; any other plant part or propagative material; or plant product. This includes house, greenhouse, hothouse, potted (regardless of planting medium), bareroot, aquarium, pond or other water related, and windbreak plants.

(12) "Plant pest" is any organism that can directly or indirectly injure or cause damage in or to a plant, plant propagative material, or a plant product including, but not limited to, an insect, weed, fungus, virus, bacteria, parasite, pathogen, nematode, vector or other organism that meets the criteria as a pest established by department rule.

(13) "Proper documents" is a copy of the original invoice listing the origin of the articles, quantity and value of articles, location where the articles are destined to arrive, anticipated date of arrival, and/or other requirements specified under a quarantine.

(14) "Quarantine" is a rule, order, or other legal instrument duly imposed or enacted by the department on regulated areas or articles.

(15) "Quarantined article" is anything covered by a quarantine order in ARM 4.12.1302, 4.12.1303, or an emergency declared by the director of the Department of Agriculture.

(16) "Regulated area" is an area into which, within which, and/or from which plants, plant products, and other regulated articles are subject to phytosanitary measures or a quarantine to prevent the introduction and/or spread of quarantine pests.

(17) "Regulated article" is any plant, plant matter, propagative plant parts, plant products, associated plant material, container, conveyance, or any other object or material capable of harboring or spreading plant pests, and that is subject to phytosanitary measures or a quarantine.

(18) "Short-term quarantine" is a quarantine that lasts 12 months or less.

(19) "Vector" is an organism that transmits a pathogen.

(1) The director of the Department of Agriculture or his/her designated representative may establish or modify a quarantine by signing an order. The order will specify what is to be quarantined, the quarantine requirements, and the length of the quarantine.

(2) A long-term quarantine shall be adopted into rule, but is effective upon signature of the director or his/her designated representative.

(3) A list of quarantines is available by contacting: Montana Department of Agriculture, Agricultural Sciences Division, 302 N. Roberts, P.O. Box 200201, Helena, MT 59620-0201; fax: (406) 444-7336; e-mail: [email protected], or through the department's web site: www.agr.mt.gov.

(1) Anyone who transits or imports quarantined articles for use, sale, resale, or distribution shall provide notice and required proper documents to the department by mail, fax, e-mail, or other approved method.

(2) The department must be in receipt of all proper documents at least 48 business hours before bringing the items into the state. Business hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., MST, excluding state holidays.

(3) Under no circumstance may the imported item(s) be unloaded within the state until the department receives the proper documents and authorizes entry of the regulated articles.

(4) The department may notify the shipper or the receiver that the imported or transiting items cannot be brought into the state, must be removed from the state, must be inspected, or must show that it has met any requirements the department deems necessary.

(1) The quarantine order or rule may specify the type and kind of permit required for import, export, transit, movement, handling, or other actions of regulated articles. Permits may require actions by the permittee or department such as, but not limited to, inspection, sampling, analysis or testing, cleaning, decontamination, treatment, covering/sealing, destruction or disposition, safeguarding, or other services or actions to mitigate the pest risk and protect the state and its resources.

(2) At the department's discretion, the department may recognize and grant reciprocal permit agreements with other units of government through a written memorandum of understanding. Such agreements will, at a minimum, specify the unit of government and duration of the agreement and provide for termination of the agreement at the discretion of the department.

(3) All permits are subject to department oversight and may be subject to audit or inspection to ensure conformance with all permit conditions.

(4) Any permit may be canceled by the department at any time.

(5) Permits may have an associated fee. Permit fees will be specified in each quarantine order.

(6) Permits may require bonding, the amount of which will be determined by the risk associated with such a permit.

(7) If no permit is specified, then the quarantined item in question cannot be imported, exported, transported, or moved into, through, out of, or within Montana, without specific written authorization by the department.

(1) The department may inspect at any time, without notice, any business, location, conveyance, or records relating to such a business, location, or conveyance of:

(a) Any individual, business, distributor, or shipper that sends a notice of import and the receiver of such imports.

(b) Any permit holder or anyone who has had a permit in the previous 24 months.

(c) Any person involved in the import or export of any plant, plant matter, plant part, plant product, or other regulated article subject to a quarantine.

(d) Any location that has, grows, propagates, processes, distributes, sells, trades, barters, uses, or gives away a plant, plant matter, plant part, or plant product subject to a quarantine.

(2) Inspections are only for the purposes of investigating compliance with these rules and to ensure the department's quarantines are effective.

(3) The department may conduct inspections on any person, place, or item if the department has reason to believe it contains material in violation of a quarantine.

(4) The department may recover actual costs of inspections.

(1) The department may enter into a compliance agreement with any person.

(2) Compliance agreements may be used to meet quarantine requirements that facilitate import, export, handling, and movement of quarantine articles or items.

(3) Anyone who enters into a compliance agreement with the department must be able to demonstrate that they can meet or exceed all state and applicable federal requirements and must:

(a) Have good standing with the department.

(b) Not have an outstanding or past due account for any department program, service, or area of authority.

(c) Have all required licenses and/or registrations for all department programs and services.

(d) Not have any record of violation pertaining to a quarantine.

(e) Not have a record of any violation within any statute, administrative rule, procedure, or policy for which the department has authority and jurisdiction that:

(i) has occurred within the last two years; or

(ii) is a repeat violation, occurring during the past five years.

(f) Not have a record of any violation with any statute, administrative rule, procedure, or policy, within any state, that parallels a responsibility under the proposed compliance agreement.

(g) Have had no permit, agreement, or other authority rescinded, suspended, revoked, or terminated for cause.

(h) Meets all education, training, certification, accreditation, or other requirement to perform proposed activities or services.

(4) The department may require a bonded compliance agreement for certain activities.

(5) The department may charge a fee for a compliance agreement. The fee will be specific to the type and scope of the compliance agreement actions or services.

(6) The department may recognize and grant reciprocal agreements with other units of government provided the above conditions are met both in Montana and the state in which the person resides.

(7) All compliance agreements are subject to department oversight and may be subject to audit or inspection to ensure conformance with all compliance agreement conditions.

(8) All compliance agreements may be canceled by the department at any time.

(1) Violation Schedule	1st Offense	Subsequent Offense
(a) Selling, distributing, propagating, rearing, planting, releasing, moving, or transporting a regulated article without a permit or compliance agreement.	$2,500	$5,000
(b) Knowingly bringing plants, plant matter, propagative plant parts, plant products, or any associated material into the state that is diseased, infected, or infested whether it is quarantined or not.	$2,500	$5,000
(c) Bringing a quarantined regulated article into the state without a required permit.	$2,500	$5,000
(d) Failure to obtain a permit.	$1,000	$5,000
(e) Failure to have a required permit or other required document with a quarantined item.	$1,000	$5,000
(f) Failure to provide required notification.	$1,000	$5,000
(g) Failure to follow any required safeguard not resulting in harm.	$1,000	$5,000
(h) Failure to follow any required safeguard that resulted in harm.	$2,500	$5,000
(i) Failure to keep required records.	$1,000	$5,000
(j) Failure to release or allow access to records pertaining to a quarantine, order, permit, or compliance agreement.	$2,500	$5,000
(k) Falsifying any record or document related to a quarantine, order, permit, or compliance agreement, including, but not limited to all sales, handling, shipping, transporting, importing, and exporting and any invoice, bill of lading, permit, seal, or certificate.	$2,500	$5,000
(l) Interfering with or preventing an inspection or investigation.	$2,500	$5,000
(m) Failure to be in compliance with a quarantine requirement.	$2,500	$5,000
(n) Noncompliance with any state or federal quarantine, order, permit condition or requirement, or compliance agreement that did not cause harm.	$2,500	$5,000

(o) Noncompliance with any state or federal quarantine, order, permit condition or requirement, or compliance agreement that caused harm.	$5,000	$5,000
(p) Any other violation of the Quarantine Act or these rules that did not cause harm.	$2,500	$5,000
(q) Any other violation of the Quarantine Act or these rules that caused harm.	$5,000	$5,000

(2) Violation of a quarantine permit, import permit, or compliance agreement may result in suspension of a permit or compliance agreement or denial of a future request for a permit or compliance agreement.

(3) Anyone who violates these rules is acting negligently, if not intentionally, and is liable for all harm they cause and may be liable for all costs associated with, but not limited to, trapping, monitoring, surveying, analysis, testing, containment, eradication, control, management, disposition, destruction, restoration, and other measures deemed necessary by the department.

(4) At the department's discretion, each continued day of violation can be a separate offense. 

(1) All quarantines are listed by the name of the quarantine and references the quarantine order number. The order will specify the name of the quarantine and describe the plant pest(s), regulated articles, and regulations, e.g., notifications, inspections, sampling, certifications, required permit(s), safeguards, and any other requirements.

(2) Quarantine orders are available from the department by accessing the department's web site at www.agr.mt.gov or by requesting a copy of the order by writing, e-mailing, or faxing a request to the Department of Agriculture at P.O. Box 200201, Helena, MT 59620-0201; [email protected]; or (406) 444-5409.

(a) The department may charge actual costs of printing, copying, and mailing copies of a quarantine rule or order.

(3) The following is the current list of long-term quarantines:

(a) European Pine Shoot Moth (EPSM) (Rhyacionia bouliana). See Order MTQ-2008-01.

(b) Late Blight Quarantine (Phytophthora infestans). See Order MTQ-2008-02.

(c) Japanese Beetle (Popillia japonica Newman). See Order MTQ-2008-03.

Intrastate Quarantine.

(d) Japanese Beetle (Popillia japonica Newman). See Order MTQ-2013-01.

Interstate Quarantine.

(e) Emerald Ash Borer (Agrilus planipennis Fairmaire).  See Order MTQ-2021-001A.  Exterior Quarantine.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) All fees for services are payable upon receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate, or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require past due payment of fees prior to providing inspection services. The fees shall be as follows:

(a) Annual clean plant and indexing certification, pursuant to 80-7-108, MCA, is $250.

(b) Services:

(i) heat treatment certificates: $10; and

(ii) other documents of quarantine compliance: $10.

(c) The department charges for mileage, lodging, per diem, and an hourly rate for certain services to recover costs for expenses that exceed the fees established in (1)(a), (b), and (c). These charges are as follows:

(i) actual cost of trapping, survey, and treatment materials when requested by public or private persons when related to export certification or nursery stock certification; and

(ii) hourly charge - $44 per hour with a one-hour minimum.

(d) Charges for lodging, meals, and mileage will be computed in accordance with rates established in 2-18-501, MCA.

This rule has been repealed.

(1)  All condemnation orders issued by the department are subject to appeal pursuant to the provisions of the Montana Administrative Procedure Act (Title 2, chapter 4, MCA)  and the procedural rules of the department (ARM Title 4, chapter 2).

(2)  All notices of condemnation of nursery stock or plant material given by the department shall be written and served either upon the owner, shipper, or person in charge. If no person is in charge of such stock, the department shall immediately notify the consignor at his address advising him of the action and in such case the consignor shall have three days to perfect an appeal as defined.

(3)  The owner, shipper or person in charge of the condemned nursery may appeal the decision to the director of the department in writing. Such appeal must be perfected within twenty-four hours after the notice has been served if notice is delivered in person and three days if notification is made by mail. Condemned stock must, at the expense of the person perfecting the appeal, be immediately placed in quarantine until final action and determination of the appeal.

This rule has been repealed.

(1)  The director, or his representative, has the authority to establish and enforce a quarantine over any place where plant materials or nursery stock are grown, or kept that is infested with any injurious plant pest. The director, or his representative declaring such quarantine shall notify the owner or person in control of such place in writing of the establishment of the quarantine. The owner or person in control of quarantined place shall not ship or move or allow to be shipped or remove any, nursery stock or other material, except by written permission of the director, or his representative. The owner or person in control of any place may be permitted to use such nursery stock or plant material on the premises under the instructions of the director or his representative.

(2)  All quarantine orders issued by the department are subject to appeal pursuant to the provisions of the Montana Administrative Procedure Act (Title 2, chapter 4, MCA)  and the procedural rules of the department (ARM Title 4, chapter 2).

This rule has been repealed.

(1) "Audit" means a systematic and independent examination to determine whether an auditee's activities conform with prescribed objectives.

(2) "Certification Program" means a comprehensive process established and authorized by a state or other governmental entity for the production of plants, plant materials, and propagative materials free of regulated pests and diseases. The regulations of the program define the program participation, plant production, plant identification and labeling, and quality assurance requirements.

(3) "Department" means the Montana Department of Agriculture.

(4) "Indexing" means to determine the presence or absence of transmissible viruses or diseases in plants, plant materials, or propagative materials that may involve inspection, tests, and analysis.

(5) "Import permit" means an official document issued by a national or regional plant protection organization of the importing country authorizing importation of a commodity in accordance with specified phytosanitary measures.

(6) "International Standard for Phytosanitary Measures (ISPM)" means an international standard adopted by the Conference of FAO, the Interim Commission on Phytosanitary Measures or the Commission on Phytosanitary Measures, established under the International Plant Protection Convention.

(7) "NAPPO" means North American Plant Protection Organization.

(8) "National Plant Protection Organization (NPPO)" means official service established by a government to discharge the functions specified by the International Plant Protection Convention.

(9) "Official" means established, authorized, or performed by a national plant protection organization.

(10) "Pest" means any species, strain, or biotype of plant, animal, or pathogenic agent injurious to plants or plant products.

(11) "Phytosanitary Certificate" means the use of phytosanitary measures that prevent the introduction or spread of a quarantined pest, which leads to the issuance of a certificate attesting to those measures.

(12) "Regulated Pest" means a quarantine pest or a regulated nonquarantine pest.

(13) "Regional Standard for Phytosanitary Measures" means phytosanitary measures established by a regional Plant Protection Organization.

(14) "Test" means official examination, other than visual, to determine if pests are present or to identify pests or disease.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1)    Whenever the department has reason to believe that a violation of 80-3-301 through 80-3-306; 80-3-311 through 80-3-315; 80-3-321 through 80-3-323, MCA or any adopted rule thereunder has occurred and the department finds it in the public interest to assess a civil penalty, it may initiate a civil penalty action pursuant to the Administrative Procedure Act.

(2)    Each violation shall be considered a separate offense and is subject to a separate penalty not to exceed $1,000. A repeat violation shall be considered a first violation if it occurred two or more years after the previous violation.

(3)    The penalty matrixes set forth in this rule establish the basic penalty value for each offense. Factors dealing with the violation may cause the matrix penalty to increase or decrease. Examples of such factors would be the firm's history of compliance or non-compliance, or the extent of the harm to agriculture or environment.

�

Type of Violation	1st Offense	2nd Offense	Subsequent Offenses
(1) �Operating without a produce dealer's license or refusal to pay the license or assessment fee required after being fully advised of its requirement.	$100	$300	$1000
(2 Misrepresenting information supplied regarding exemption from licensing or assessment reporting requirements.	$100	$300	$1000
(3) �Failure or refusal to allow inspection of or to maintain and provide records, reports or other information required by the department.�	$100	$300	$1000
(4) �Intentional or consistent failure to advertise, grade, or mark produce as required.	$100	$300	$1000

(1) Regular shipping point inspection fees are as follows:

(a) All produce - 9.5 cents per unit.

(b) Inspection tags - 20 cents per tag.

(2) Cost Recovery: Regular inspection fees are established in an amount reasonably necessary to cover the cost of providing the services and administration of the inspection program. Cost recovery charges may be necessary when the regular inspection fee is not applicable or adequate to cover the cost of the service provided.

(a) Cost Recovery charges may apply to all inspections involving:

(i) shipping point inspections of seed potatoes when the volume of work is less than 400 cwt per hour;

(ii) shipping point inspections of cherries, apples, and all other produce;

(iii) receiving inspections of any produce.

(b) Cost Recovery fees will include the produce inspection fee of 9.5 cents per unit and may include the hourly charge of the time required to conduct the inspection, the time required to prepare for the inspection, the time to complete any reports related to the inspection, and any time required for travel to and from the inspection.

(i) The hourly rate will be set by the department on an annual basis to ensure that all anticipated costs are recovered. In establishing the hourly rate, the department will consider the hourly wage of inspector(s) and program staff, benefits, administrative costs, and costs related to the department's cooperative agreement with USDA.

(c) Cost Recovery fees will include per diem and mileage per ARM Title 2, chapter 4.

(3) USDA Good Agricultural Practices (GAP) and Good Handling Practices (GHP) Audit Fee: GAP and GHP Audits will be on a first come, first served basis as auditing staff is available. GAP and GHP Audit fees will be applied when an applicant requests a mock audit or an audit review of practices based on the voluntary FDA Standards for Minimizing Microbial Contamination to Fresh Fruits and Vegetables or other audit-based standards as requested by the industry. The cost of such services will include:

(a) an hourly charge of the time required to conduct the inspection, the time required to prepare for the inspection, the time to complete any reports related to the inspection, and any time required for travel to and from the inspection.

(i) the hourly rate will be set by the department on an annual basis to ensure that all anticipated costs are recovered. In establishing the hourly rate, the department will consider the hourly wage of inspector(s) and program staff, benefits, administrative costs, and costs related to the department's cooperative agreement with USDA.

(b) per diem and mileage per ARM Title 2, chapter 4.

(4) Minimum fee per inspection - $50.00.

(5) All fees for services are payable upon receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require payment of fees prior to providing inspection services.

(1) The assessment fee on all produce except produce grown in Montana and inspected at shipping point shall be 6 cents per each produce unit.

(a) The department may assess a 10% penalty (based on the previous quarterly assessment report fee amount), or a minimum fee of $25, whichever is greater, for any assessment reports received after the deadline.

(1) The following fruits, vegetables, and natural products are designated as produce. This list is not all inclusive. Any product commonly recognized as a fruit or vegetable shall also be considered to be produce for assessment purposes but does not include those perishable fruits and vegetables which have been manufactured into articles of food of a different kind or character. The effects of the following operations shall not be considered as changing a commodity into a food of a different kind or character: water, steam, or oil blanching, battering, coating, chopping, color adding, curing, cutting, dicing, drying for the removal of surface moisture; fumigating, gassing, heating for insect control, ripening and coloring; removal of seed, pits, stems, calyx, husk, pods, rind, skin, peel, et cetera; polishing, pre-cooling, refrigerating, shredding, slicing, trimming, washing with or without chemicals; waxing, adding of sugar or other sweetening agents; adding ascorbic acid or other agents to retard oxidation; mixing of several kinds of sliced, chopped, or diced fruit or vegetables for packaging in any type of containers; or comparable methods of preparation.

(2) The following quantities shall be used as the standard produce unit for the produce listed below. Containers of approximately the same quantity may be considered a produce unit for each container.

 

PRODUCE	REPORTING UNIT		PRODUCE	REPORTING UNIT
Apples	40 lbs.		Lemons	35 lbs.
Apricots	28 lbs.		Lettuce
Asian pears	20 lbs.		Head	24 count
Asparagus	30 lbs.		Butter	24 count
Artichokes	15 lbs.		Endive	24 count
Avocados	60-70 count		Escarole	24 count
Bananas	40 lbs.		Green Leaf	24 count
Beans, green	28 lbs.		Red Leaf	24 count
Beets	24 bunches		Romaine	24 count
Blackberries	12--½ pint baskets		Limes	35 lbs.
Boysenberries	12--½ pint baskets		Mangos	12 lbs.
Blueberries	12--1-pint baskets		Mushrooms	10 lbs.
Broccoli	25 lbs.		Mustard greens	24 count
Broccoflower	25 lbs.		Nectarines	20 lbs.
Bok choy	12 count		Okra	10 lbs.
Brussel Sprouts	25 lbs.		Onions, dry	50 lbs.
Cabbage	50 lbs.		Onions, green	48 bunches
Cantaloupes	35 lbs.		Oranges	37 lbs.
Carrots	50 lbs.		Papayas	12 lbs.
Cauliflower	28 lbs.		Parsley	60 bunches
Celery	45 lbs.		Parsnips	25 lbs.
Cherries	20 lbs.		Peaches	20 lbs.
Chicory	10 lbs.		Pears	35 lbs.
Cilantro	12 lbs.		Peas, green/sweet	12 lbs.
Coconuts	25 lbs.		Peppers	28 lbs.
Collard greens	24 count		Pineapple	35 lbs.
Corn	60 ears		Plums	24 lbs.
Cranberries	25 lbs.		Potatoes	100 lbs.
Cucumbers	30 lbs.		Prunes	24 lbs.
Currants	12--½ pint baskets		Pumpkins	100 lbs.
Eggplant	25 lbs.		Radishes	48 bunches
Endive	24 count		Raspberries	12--½ pint baskets
Garlic	10 lbs.		Rhubarb	20 lbs.
Ginger root	10 lbs.		Rutabagas	25 lbs.
Grapefruit	35 lbs.		Shallots	10 lbs.
Grapes	20 lbs.		Spinach	24 count

Honeydew melons	20 lbs.		Sprouts	12 count
Horseradish roots	10 lbs.		Squash
Jicama	20 lbs.		Summer type	20 lbs.
Kale greens	24 count		Winter type	50 lbs.
Kiwifruit	10 lbs.		Star fruit	15 lbs.
Leeks	24 count		Strawberries	12--1-pint baskets
Sweet potatoes	40 lbs.		Turnips	25 lbs.
Tangelos	35 lbs.		Watermelons	100 lbs.
Tangerines	35 lbs.		Yams	40 lbs.
Tomatoes	28 lbs.		Miscellaneous	50 lbs.

(1)�Whenever the department has reason to believe that a violation of Title 80, chapter 7, MCA, or any adopted rule thereunder has occurred and the department finds it in the public interest to assess a civil penalty, it may initiate a civil penalty action pursuant to the Administrative Procedure Act.

(2)�Each violation shall be considered a separate offense and is subject to a separate penalty not to exceed $1,000.�A repeat violation shall be considered a first violation if it occurred two or more years after the previous violation.

(3)�The penalty matrixes set forth in this rule establish the basic penalty value for each offense.�Factors dealing with the violation may cause the matrix penalty to increase or decrease.�Examples of such factors would be the firm's history of compliance or noncompliance, or the extent of the harm to agriculture or environment.

(1) Type of Violation	1st Offense	2nd Offense	Subsequent Offenses
(a) Operating without a nursery license or refusal to pay the licensing fee required after being fully advised of its requirement.	$300	$600	$1000
(b) Misrepresenting information supplied regarding exemption from licensing.	300	600	1000
(c) Failure to properly label nursery stock offered at retail, or falsely representing or misrepresenting the name, age, variety, class, or origin of nursery stock.	300	600	1000
(d) Bringing, selling, or distributing plant materials into or within the state that are infected or infested with a plant pest considered a risk to horticultural or agricultural interests in Montana.	500	750	1000
(e) Distributing plants declared noxious weeds under 7-22-2101(7)(a)(i) MCA.	500	750	1000
(f) Failure to notify the department of an infestation or infection of plant and plant or propagative materials.	500	750	1000
(g) Failure to comply with the instructions of the department for destruction, treatment, or control within the timeframe specified.	500	750	1000
(h) Falsifying or misrepresenting registration, certification, status, source, or identity of nursery stock, plants, plant materials, propagative stock or agricultural commodities or products.	500	750	1000
(i) Violate or aid in violation of a statute, rule, order, or quarantine not otherwise stated above.	500	750	1000

(2) Anyone who violates these rules is acting negligently, if not intentionally, and may be liable for all harm they cause and may be liable for all costs associated with, but not limited to, trapping, monitoring, surveying, analysis, testing, containment, eradication, treatment, control, management, disposition, destruction, restoration, and other measures deemed necessary by the department.

(3) At the department′s discretion, each day of violation can be considered a separate offense.

(4) Penalties may be assessed on a daily, per plant, and/or per event basis and will be determined on a case-by-case basis.

This rule has been repealed.

(1) The department will use a risk category system to prioritize nursery inspections. The category system will include high, medium, and low risk nurseries. High risk nurseries may be scheduled for an annual inspection, medium risk nurseries may be scheduled for inspection every two years, and low risk nurseries may be scheduled for inspection every three years.

(2) A low risk nursery is typically a nursery that buys all of its stock from an in-state wholesale nursery and resells the stock in Montana. Expected inspection time is a half hour to two hours. Dependent on a variety of factors, small plant vendors; landscapers who buy from an in-state wholesale nursery who is inspected annually, practice project-based buying, and plant immediately; and florists who sell potted plants are examples of nurseries that might be considered low risk.

(3) A medium risk nursery is typically a nursery that buys only nonregulated nursery stock from a single large out-of-state wholesale nursery that is licensed and inspected annually in its home state and sells stock in Montana. Expected inspection time is between a half hour and three hours.

(4) A high risk nursery is typically a nursery that buys regulated stock from multiple out-of-state nurseries and resells retail and wholesale to customers both in and out of Montana. Inspection time is expected to be between two and eight hours.

(5) The basic category a nursery finds itself in is determined by the Nursery Risk Factors in ARM 4.12.1434 and may go up or down as the factors change.

(6) The amount of time necessary for an inspection is determined both by factors listed in ARM 4.12.1435.

(1) The department shall determine each nursery's risk based on the following factors:

(a) origin or source of nursery stock;

(b) distribution of nursery stock;

(c) sales of regulated nursery stock;

(d) quarantine or other regulated areas, including quarantine violations;

(e) compliance history; and

(f) complaints.