NC Register Volume 23 Issue 09 - Office of Administrative Hearings

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PROPOSED RULES Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days. Statutory reference: G.S. 150B-21.2. TITLE 02 – DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Pesticide Board intends to adopt the rules cited as 02 NCAC 09L .0810, .1914, amend the rule cited as 02 NCAC 09L .1901, and repeal the rules cited as 02 NCAC 09L .0801 - .0809. Proposed Effective Date: March 1, 2009 Public Hearing: Date: January 13, 2009 Time: 1:00 p.m. Location: Martin Building, NC State Fairgrounds, 1025 Blue Ridge Road, Raleigh, NC 27607 Reason for Proposed Action: These rules are necessary to bring North Carolina's rule on Bulk Distribution of Pesticides (02 NCAC 09L .0800) and Pesticide Storage (02 NCAC 09L 1900) into compliance with the US EPA's final rules titled "Pesticide Management and Disposal; Standards for Pesticide Containers and Containment", which become effective August, 2009 and establish standards for pesticide containers and containment structures in order to protect the environment from spills and leaks at refilling and dispensing operations. By the effective date of the federal rules, each state must demonstrate that it has rules in effect which are at least as stringent as the federal rules; or are identical to the federal rules; or incorporate the federal rules by reference. Procedure by which a person can object to the agency on a proposed rule: Any person may object to the proposed rules by submitting a written statement of objection(s) to James W. Burnette, Jr., Secretary, NC Pesticide Board, 1090 Mail Service Center, Raleigh, NC 27699-1090. Comments may be submitted to: James W. Burnette, 1090 Mail Service Center, Raleigh, NC 27699-1090, phone (919) 733-3556, fax (919) 733-9796, email james.burnette@ncagr.gov Comment period ends: January 13, 2009 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact: State Local Substantive (>$3,000,000) None CHAPTER 09 - FOOD AND DRUG PROTECTION SUBCHAPTER 09L - PESTICIDE SECTION SECTION .0800 - BULK DISTRIBUTION OF PESTICIDES 02 NCAC 09L .0801 PROPRIETORSHIP The purchaser shall take title to any bulk pesticide formulation after the purchaser or his authorized agent accepts said bulk pesticide shipment at the designated container or storage tank site. Authority G.S. 143-441; 143-459; 143-461(1). 02 NCAC 09L .0802 NOTIFICATION PRIOR TO DELIVERY The pesticide section of the food and drug protection division of the North Carolina Department of Agriculture shall receive notification from the formulator or manufacturer at least 24 hours prior to delivery of any bulk pesticide. This notification shall include: (1) the names and addresses of the pesticide formulator or manufacturer and purchaser, (2) the brand name and EPA registration number of the pesticide, (3) the exact location or valid and current decal number of the bulk storage tank to be filled with said bulk pesticide formulation, (4) the date and time of scheduled delivery to the bulk storage tank location. Authority G.S. 143-459. 23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008 734
PROPOSED RULES 02 NCAC 09L .0803 STORAGE TANK SPECIFICATIONS (a) Only containers or storage tanks which are unadulterated, leak proof, and capable of being sealed shall be filled with pesticides. (b) All containers or storage tanks shall have a drain plug or drain basin designed in such a manner as to facilitate complete drainage of tanks. (c) All containers or storage tanks of 1000 gallons or less shall have a filler or access port at least 10 inches in diameter and tanks greater than 1000 gallons at least 15 inches in diameter. These minimum sizes are required to facilitate proper cleanup or decontamination of drained tanks. (d) Outlets and filler and access ports shall be locked at all times when not in use. Keys to the outlet, filler and access ports shall be in the possession of the purchaser and authorized employee only. (e) All new containers or storage tanks shall be stainless steel, aluminum, mild steel or glass reinforced plastic. The minimum specifications for each are as follows: Aluminum Size Tank Shell Heads--Dished & Flanged 500-1500 .156" .156" 1500-6000 .188" .188" Stainless Steel--Type 304 Size Tank Shell Heads--Dished & Flanged 500-1500 13 ga 13 ga 1500-6000 12 ga 12 ga Mild Steel Size Tank Shell Heads--Dished & Flanged 500-1500 10 ga 10 ga 1500-6000 7 ga 7 ga In lieu of dished and flanged heads, reinforced flat end tank may be used when designed according to ASME specifications (Section VIII for unfired pressure vessels). Glass Reinforced Plastic Size Tank Shell Heads 500 3/16" 3/16" 600-1000 9/32" 9/32" (f) Pesticides designated by the manufacturer or formulator as corrosive to aluminum, stainless steel, mild steel or glass reinforced plastic shall not be stored in a bulk container fabricated with said material. Authority G.S. 143-441. 02 NCAC 09L .0804 LABELING REQUIREMENTS (a) All containers and storage tanks of pesticides shall be properly labeled and shall comply with all other provisions of the North Carolina Pesticide Law of 1971 and the regulations established thereunder. (b) All containers and storage tanks (excluding spray applicator tanks) must be labeled as registered. A copy of the label or labeling, including all appropriate directions for use, shall be securely attached to the container in the immediate vicinity of the discharge control valve by the vendor at the time of delivery. (c) In addition, the appropriate signal words as shown on the label shall be shown on all four sides of the containers and storage tanks or those sides exposed to view. The words shall be either stenciled directly on the containers or storage tanks or placed on a sign of durable construction which is firmly attached to the containers and storage tanks. All letters of said words shall be a minimum of four inches in height and one inch in width, and shall be printed in contrasting colors to the containers and storage tanks which are readily visible. (d) All entrances to premises on which bulk pesticides are stored shall be posted at a reasonable distance from the containers and storage tanks with a durable sign (minimum size 8" x 10") warning of hazardous pesticides in the area. Authority G.S. 143-460(19),(20),(23). 02 NCAC 09L .0805 RECORD REQUIREMENTS The purchaser of bulk pesticides shall post within reasonable vicinity of the containers and storage tanks a record showing, by date, current volumes of pesticide in containers and storage tanks. History Note: Authority G.S. 143-466(a). 02 NCAC 09L .0806 LOCATION REQUIREMENTS Bulk containers and storage tanks shall be located on sites least likely to endanger man and his environment. In cases of exceptional hazards, grading sufficient to retain spillage and/or fencing to prevent undue human exposure may be required. The food and drug protection division, North Carolina Department of Agriculture, shall make this determination. The food and drug protection division shall be notified in writing, containing specifics, of plans for relocation of a container at least 10 days prior to relocation. Authority G.S. 143-441; 143-466(a). 02 NCAC 09L .0807 SAFETY REQUIREMENTS General safety and cleanliness shall be a practice within the area of the containers and storage tanks. Adequate transfer systems, valves, pumps, fittings, hoses, etc., including the maintenance thereof, shall be in effect at all times. Authority G.S. 143-441. 02 NCAC 09L .0808 NOTIFICATION OF STORAGE TANK REQUIREMENTS The North Carolina Department of Agriculture, food and drug protection division, shall be annually notified in writing of the 23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008 735
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CONTESTED CASE DECISIONS A list of
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CONTESTED CASE DECISIONS Stridemark
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NC Register Volume 23 Issue 09 - Office of Administrative Hearings

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