# Title 4.1 — Agriculture

## Chapter 4.1-38 — Anhydrous Ammonia Risk Management

### § 4.1-38-01. Risk management program - Anhydrous ammonia.

To determine compliance with the risk management program requirements set forth in
section 112 of the Clean Air Act of 1990 [42 U.S.C. 7401 et seq.], as amended through June 30,
2011, the agriculture commissioner may:
1. Request information from any person that:
a. Sells, stores, or handles anhydrous ammonia for agricultural purposes; and
b. Is required to comply with the risk management program requirements;
2. Conduct inspections of any person that:
a. Sells, stores, or handles anhydrous ammonia for agricultural purposes; and
b. Is required to comply with the risk management program requirements; and
3. Obtain and review risk management plans required under 40 Code of Federal
Regulations, part 68, as amended through June 30, 2011, and other records
applicable to any person that:
a. Sells, stores, or handles anhydrous ammonia for agricultural purposes; and
b. Is required to comply with the risk management program requirements.
### § 4.1-38-02. Risk management program - Enforcement authority.

If the agriculture commissioner determines there is noncompliance on the part of any
person that sells, stores, or handles anhydrous ammonia for agricultural purposes and that is
required to comply with the risk management program requirements referenced in section
4.1-38-01, the agriculture commissioner may:
1. Bring an action to enjoin a violation or a threatened violation;
2. Issue a cease and desist order; and
3. Impose a civil penalty through an administrative hearing in an amount not exceeding
ten thousand dollars per day for each violation.
