# Title 7 — Agriculture Commissioner

## Article 7-12 — Anhydrous Ammonia Regulation

## Chapter 7-12-03 — Risk Management Program for Agricultural Anhydrous Ammonia Facilities

### § 7-12-03-01. Scope.

The requirements of this chapter apply only to agricultural anhydrous ammonia facilities.
History: Effective April 1, 2013.
General Authority: NDCC 4.1-37-01
Law Implemented: NDCC 4.1-37-01
### § 7-12-03-02. Incorporation by reference.

The provisions of 40 CFR part 68 as they existed on June 30, 2011, are incorporated by reference
into this chapter, with the following exceptions:
1. Where the term "stationary source" appears in 40 CFR part 68, for the purposes of this
chapter only reference the term "agricultural anhydrous ammonia facility" as defined in section
7-12-03-03.
2. Not adopted by reference in 40 CFR section 68.120.
3. Not adopted by reference are 40 CFR section 68.210, and 40 CFR section 68.215.
History: Effective April 1, 2013.
General Authority: NDCC 4.1-37-01
Law Implemented: NDCC 4.1-37-01
### § 7-12-03-03. Definitions.

The definitions in 40 CFR part 68 apply to this chapter. The following additional definitions also
apply:
1. "Agricultural anhydrous ammonia facility" means any facility that has at least ten thousand
pounds [4535 kilograms] of storage capacity and stores anhydrous ammonia intended to be
used as a fertilizer or in the manufacturing of a fertilizer.
2. "Fertilizer" means any substance regulated as a fertilizer under North Dakota Century Code
chapter 19-20.1.
History: Effective April 1, 2013.
General Authority: NDCC 4.1-37-01
Law Implemented: NDCC 4.1-37-01
