Montana Administrative Code

4.12.402 PENALTIES 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 …

4.12.403 CIVIL PENALTY DETERMINATION Each violation set forth in this rule is a separate offense. Each offense is subject to a civil penalty not to exceed $1,000. The penalty matrix in this rule establishes the penalty amount for initial and subsequent offenses. The penalty amoun…

4.12.404 SIGNIFICANCE OR GRAVITY OF A VIOLATION 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…

4.12.405 DEGREE OF CARE The department will consider degree of care exercised by the charged person for purposes of decreasing or increasing civil penalty amounts: violations that occur through little or no negligence may decrease the penalty; violations that occur through neglig…

4.12.406 ANALYTICAL ACTION LEVELS This rule establishes the action levels as stated in (5). 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. These action le…

4.12.601 PLANT NUTRIENTS IN ADDITION TO NITROGEN, PHOSPHATE, AND POTASH 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 …

4.12.602 GUARANTEES FOR SOIL AMENDMENTS Lime products shall guarantee: The minimum percent calcium carbonate equivalent. The minimum percentage passing through #10 and #100 U.S. Standard sieves. Gypsum or other alkali soil treatment products shall guarantee: Active ingredient and…

4.12.603 LICENSING EXEMPTION (REPEALED) Authorizing statute(s): 80-10-301, MCA Implementing statute(s): 80-10-212, MCA History: NEW, Eff. 8/4/76; REP, 2010 MAR p. 1795, Eff. 8/13/10.

4.12.604 LABELING 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 …

4.12.605 INSPECTION, SAMPLING AND ANALYSIS (REPEALED) Authorizing statute(s): 80-10-301, MCA Implementing statute(s): 80-10-206, MCA History: NEW, Eff. 8/4/76; REP, 2010 MAR p. 1795, Eff. 8/13/10.

4.12.606 DEFINITIONS FOR COMMERCIAL FERTILIZERS 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. Authorizing statute(s): 80-10-205, MCA I…

4.12.607 INVESTIGATIONAL ALLOWANCES AND OVERALL INDEX VALUE 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 9…

4.12.608 BI-ANNUAL INSPECTION FEE STATEMENT AND FEE ASSESSMENTS 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 respo…

4.12.609 SEMIANNUAL TONNAGE STATEMENT 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 fertil…

4.12.620 ADULTERATION OF FERTILIZERS AND SOIL AMENDMENTS BY TRACE METALS 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 cont…

4.12.621 REGISTRATION 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. The registrant of a fertili…

4.12.701 SCOPE These rules ARM 4.12.702 through 4.12.743 specifically are applicable to the design, construction, location, installation, and operation of anhydrous ammonia systems, including refrigerated ammonia storage systems from which the product is used for agricultural amm…

4.12.702 DEFINITIONS "Alteration" means a change in any item described in the original Manufacturer's Data Report which affects the pressure containing capability of the container. Rerating a container by increasing maximum allowable working pressure or temperature shall be consi…

4.12.703 DISPOSAL To dispose of anhydrous ammonia, it shall be injected into sufficient water as near as the bottom of the vessel as practical. Sufficient water shall be at least ten parts of water per one part anhydrous ammonia. Authorizing statute(s): Sec. 80-10-503, MCA Implem…

4.12.704 REQUIREMENTS OF CONSTRUCTION AND ORIGINAL TEST OF CONTAINERS, OTHER THAN REFRIGERATED STORAGE TANKS Containers used with systems covered in ARM 4.12.719 shall be constructed, installed, and tested as follows: the Unfired Pressure Vessel Code of ASME, except that construc…

4.12.705 MANUFACTURER'S MARKING REQUIREMENTS ON CONTAINERS AND SYSTEMS Each container or system covered in ARM 4.12.719, ARM 4.12.720, ARM 4.12.721, ARM 4.12.722, shall be marked as follows: With a mark identifying compliance with and other markings required by the rules of the c…

4.12.706 LOCATION OF STORAGE TANKS 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 o…

4.12.707 CONTAINER APPURTENANCES All appurtenances shall be designed for not less than the maximum working pressure of that portion of the system on which they are installed. All appurtenances shall be fabricated from materials suitable for use in anhydrous ammonia service. All c…

4.12.708 PIPING, TUBING AND FITTINGS All piping, tubing and fittings shall be made of material suitable for use in anhydrous ammonia service. All piping, tubing, and fittings shall be designed for a pressure not less than the maximum pressure to which they may be subjected in ser…

4.12.709 HOSE SPECIFICATION Hoses used in anhydrous ammonia service and subject to container pressure shall conform to the joint Rubber Manufacturers Association's and the Fertilizer Institute's "Hose Specifications for Anhydrous Ammonia" (Table B of the Joint Association's bookl…

4.12.710 SAFETY RELIEF DEVICES 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 u…

4.12.711 SAFETY A qualified attendant is required to transfer anhydrous ammonia and shall be trained in safe operating practices, use of equipment, safety devices, and the proper action to take in the event of emergencies. All storage systems shall have on hand, as a minimum, the…

4.12.712 FILLINGS DENSITIES Filling density shall be limited to 85 percent capacity by volume at 60 degrees F. The filling densities for nonrefrigerated containers by weight shall not exceed the following: The filling density for refrigerated storage tanks shall be such that the …

4.12.713 TRANSFER OF LIQUIDS A qualified attendant shall supervise transfer liquids from the time the connections are first made until the rail car is finally disconnected or the transport truck is completely unloaded and finally disconnected. Any time a site is unattended, the t…

4.12.714 TANK CAR OPERATIONS Caution signs shall be so placed on the track or car as to give necessary warning to persons approaching car from open end or ends of siding. These signs shall be left up until after car is unloaded and disconnected from discharge connections. Durable…

4.12.715 LIQUID LEVEL GAUGING DEVICES Each container, except containers filled by weight, shall be equipped with a liquid level gauging device of approved design. All gauging devices shall be arranged so that the maximum liquid level to which the container may be filled is readil…

4.12.716 PAINTING OF CONTAINERS All aboveground containers shall be painted white or a light reflecting color. Authorizing statute(s): Sec. 80-10-503, MCA Implementing statute(s): Sec. 80-10-503, MCA History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

4.12.717 INFORMATION SIGN A sign with letters of a minimum height of two inches giving the name, address, and telephone number of owner, manager or agent of the anhydrous ammonia storage location shall appear at the site entrance(s) to the property or apart from the storage tanks…

4.12.718 ELECTRICAL EQUIPMENT AND WIRING Electrical equipment and wiring for use in anhydrous ammonia installations shall be either general purpose or weather resistant as appropriate. Where concentrations of ammonia in air in excess of 16 percent by volume are likely to be encou…

4.12.719 SYSTEMS UTILIZING STATIONARY, PIER-MOUNTED OR SKID-MOUNTED ABOVEGROUND OR UNDERGROUND NON-REFRIGERATED STORAGE Design, working pressure and classification of containers: containers shall be constructed in accordance with ARM 4.12.704 with a minimum design pressure of 250…

4.12.720 SYSTEMS MOUNTED ON FARM WAGONS (IMPLEMENTS OF HUSBANDRY) FOR THE TRANSPORTATION OF ANHYDROUS AMMONIA 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 transportati…

4.12.721 SYSTEMS MOUNTED ON EQUIPMENT (IMPLEMENTS OF HUSBANDRY) FOR THE APPLICATION OF ANHYDROUS AMMONIA 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 unle…

4.12.722 REFRIGERATED STORAGE Design of tanks: Tanks may be designed for any storage pressure desired as determined by economical design of the refrigerated system. Tanks with a design pressure exceeding 15 psig shall be constructed in accordance with ARM 4.12.704 in addition the…

4.12.723 REQUIREMENT OF CONSTRUCTION AND ORIGINAL TEST OF CONTAINERS Containers shall be constructed of a material suitable for use with nitrogen fertilizer solutions. Nitrogen fertilizer solution containers shall be designed to withstand at least the maximum pressure to which th…

4.12.724 CAPACITY OF CONTAINERS Individual container capacity shall be limited only by The ASME Code. Authorizing statute(s): Sec. 80-10-503, MCA Implementing statute(s): Sec. 80-10-503, MCA History: NEW, 1986 MAR p. 1820, Eff. 10/31/86.

4.12.725 CONTAINER VALVES AND ACCESSORIES 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. Except for safety pressure and …

4.12.726 PIPING, TUBING AND FITTINGS All piping, including tubing, fittings, gaskets, and packing, shall be made of material suitable for use with nitrogen fertilizer solutions and designed for the maximum pressure to which they may be subjected. Screwed joints are permissible pr…

4.12.727 HOSE SPECIFICATIONS Hose and hose connectors shall be fabricated of materials that are resistant to the action of the nitrogen fertilizer solution being used. Hose and hose connectors shall be designed for at least the maximum pressure to which they may be subjected. Aut…

4.12.728 SAFETY DEVICES Every pressure-vented container shall be provided with one or more safety pressure relief valves. The rate of discharge shall be in accordance with the provisions of Table E. Container safety pressure relief valves shall be set to start-to-discharge at a p…

4.12.729 TRANSFER OF LIQUIDS A competent attendant shall supervise the transfer of liquids from the time the connections are first made until they are disconnected. Pumps shall be of a material suitable for use with the solution being handled and designed to withstand the working…

4.12.730 TANK CAR LOADING AND UNLOADING POINTS AND OPERATIONS A sign reading, "Stop-Tank Car Connected" or "Stop-Men at Work", shall be displayed at the active end or ends of the siding while the car is connected for loading or unloading. While tank cars are on siding for loading…

4.12.731 LIQUID LEVEL GAUGING DEVICES Gauging devices shall be arranged so that the maximum liquid level to which the container may be filled is readily determinable. Gauging devices shall have a design working pressure at least equal to the design pressure of the container on wh…