§ 80-10-503 — Rulemaking Authority And Requirements

80-10-503 . Rulemaking authority and requirements. (1) The department shall adopt rules for the design, construction, repair, alteration, location, installation, and operation of anhydrous ammonia facilities. The rules must be in substantial conformity with nationally recognized safety standards for the storage and handling of anhydrous ammonia. The rules must require the owner to place the owner's name and phone number on the owner's anhydrous ammonia tank or tanks. The department may adopt additional rules necessary for the protection and safety of persons employed in anhydrous ammonia facilities, persons using anhydrous ammonia, and the public.
(2) The rules must include a provision under which new or existing facilities may apply for a temporary or permanent variance from any requirement of the rules. The rules must provide criteria for granting or denying a variance request and must provide for written notice and public hearing on any variance request.
(3) The department shall coordinate its rulemaking activities with other executive branch agencies and departments by providing them with timely information on the adoption of the rules, inviting and encouraging their participation, giving due weight and consideration to their comments and testimony, and coordinating interdepartmental meetings on matters pertaining to the adoption of the rules.

Legislative History

En. Sec. 3, Ch. 310, L. 1985; amd. Sec. 1, Ch. 334, L. 2005; amd. Sec. 2610, Ch. 56, L. 2009.