SECTION 65.6. Distribution of Ammonium Nitrate or Ammonium Nitrate Material

(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.

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