| (a) Registration for ammonium nitrate or ammonium nitrate
material: In addition to a permit to manufacture or distribute fertilizer
and a registration for commercial fertilizer, as required in The Agriculture
Code, Chapter 63, §63.031, an additional registration must be
obtained to offer for sale or sell ammonium nitrate or ammonium nitrate
material. The registration must be renewed on forms prescribed by
the Service at the beginning of each fiscal year and accompanied by
the fee specified on the form.
(b) Refusal to sell: The sale of ammonium nitrate or
ammonium nitrate material may be refused to any person attempting
to purchase under unusual patterns or circumstances, such as out of
season, outside their normal purchasing area, a person that is unknown
to the registered facility or to a person that lacks clear knowledge
of the use of ammonium nitrate or ammonium nitrate material for agronomic
purposes. Refusal of sale shall be reported to the Service at the
time sale is refused.
(c) Training and Documentation: Employees of facilities
that are registered to offer for sale or sell ammonium nitrate or
ammonium nitrate material must be trained in the law, rules, policies,
and procedures for the sale of ammonium nitrate and documentation
of the training maintained on-site. Documentation shall include procedures
for daily inspection as required in the Agriculture Code, Chapter
63, §63.153, and a record of the inspection. Evidence of vandalism
or theft shall be reported to the Service at the time of daily inspection
and corrective actions documented.
(d) Risk Management. A person that stores ammonium
nitrate or ammonium nitrate material shall:
(1) provide evidence of compliance with the Texas Commission
on Environmental Quality Tier II Chemical Reporting Program and Department
of Homeland Security Chemical Facility Anti-Terrorism Standards registration
requirements.
(2) post the National Fire Protection Association 704
Warning Placards on the outside of the storage area; and
(3) store ammonium nitrate or ammonium nitrate material
in a separate structure. Combustible or flammable material must be
separated by at least 30 feet.
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| Source Note: The provisions of this §65.6 adopted to be effective September 9, 2007, 32 TexReg 5654; amended to be effective July 20, 2014, 39 TexReg 5353; amended to be effective February 1, 2017, 42 TexReg 310 |
