Washington-The Fertilizer Institute on March 5 urged the Department of Homeland Security to move quickly to establish final regulations regarding the sale and distribution of ammonium nitrate. DHS issued an Advanced Notice of Public Rulemaking for the new regulations last fall (GM Nov. 3, 2008), and accepted industry comments until late December. The regulations stem from the Secure Handling of Ammonium Nitrate Act, which was approved by Congress in late 2007. The bill requires AN facilities and prospective AN purchasers to apply for registration numbers from DHS in order to sell, transfer, and/or purchase AN, and authorizes DHS to conduct background checks of all prospective registrants. The law also requires all AN facilities to keep records of sales or transfers of AN for at least two years after each transaction, and to promptly report the theft or loss of AN to Federal law enforcement officials. The rule gives DHS the authority to conduct regulatory compliance inspections and audits of AN facilities, and to assess penalties for violations. TFI said it is eager for DHS to complete the rule, because one national standard would be more effective and easier to enforce than a “patchwork quilt of rules that vary from state to state.” States that have imposed or are considering their own AN sales regulations include Kansas, Oklahoma, Nevada, South Carolina, Maryland, California, New York, and Michigan. DHS has not said when its rulemaking review would be completed.
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