Washington–Green Markets incorrectly reported in the Oct. 26 issue that The Fertilizer Institute (TFI) had joined the Agricultural Retailers Association (ARA) and the American Farm Bureau Federation (Farm Bureau) in sending letters to The House Energy and Commerce Committee in support of an amendment to the Chemical Facility Anti-Terrorism Act of 2009 (HR 2868). The amendment, offered by Reps. Mike Ross (D-Ark.) and Zack Space (D-Ohio) and approved by voice vote before the committee’s 29-18 vote in favor of HR 2868, would require DHS to conduct an economic assessment regarding the impact an Inherently Safer Technologies (IST) requirement would have on agricultural facilities covered by the proposed security regulations. While ARA and the Farm Bureau did send letters in support of the amendment, TFI said the benefits of the amendment do not override the overall harm imposed by the bill. “TFI’s members believe that the security legislation passed by the House Energy and Commerce Committee last week could so negatively impact our members and the agriculture community that we can’t offer words of support for anything short of removing inherently safer technologies or a ‘no’ vote,” TFI told Green Markets. The IST provision, along with other language in the bill, remains a deal-breaker for ARA and numerous other industry trade groups as well. “Unfortunately, we are still unable to find common ground with the committee on the right approach regarding the regulation of process changes and product substitutions,” said the American Chemistry Council in a recent statement. “While we appreciate the committee’s willingness to consider our input regarding this complex aspect of the legislation it remains the primary reason ACC is unable to endorse the bill. Our members are concerned that providing government with authority to direct process changes or product substitutions could result in making critical products unavailable throughout our economy, with potentially significant impact on our companies and our customers.” Anhydrous ammonia and ammonium nitrate are cited as the fertilizer products most vulnerable to an IST provision. HR 2868 is now destined for the full House after slight differences are ironed out between the Energy and Commerce Committee’s version of the bill and an earlier version approved by the House Homeland Security Committee in June (GM June 29, p. 1).The legislation is expected to be on the House floor before the end of 2009, after which the Senate will take up the issue.
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