EPA issues “letters” on their website that helps clarify many of their rule requirements, much like OSHA’s Letters of Interpretation. This week OSHA issued twenty-one (21) such letters following their FINAL amendments to their Risk Management Plan rule. These two (2) letters address what EPA has done to further the safe storage and handling of Ammonium Nitrate and explains why EPA didn’t revise the RMP list of regulated substances to include Ammonium Nitrate. Here is what EPA said:
What has EPA done to further the safe storage and handling of Ammonium Nitrate?
The EPA has taken a number of actions to further the safe storage and handling of AN. Under Emergency Planning and Community Right-to-Know Act (EPCRA), facilities storing AN must submit a Safety Data Sheet (SDS) and annually report inventories to state and local entities and first responder organizations for emergency preparedness and planning. Facilities, local entities (such as LEPCs), and first responders are obligated to work together to understand facility hazards and to prepare for, and respond to, emergencies in that community.
Under Executive Order (EO) 13650 Improving Chemical Facility Safety and Security, EPA is actively working to enhance local emergency preparedness and first responder capabilities.
EPA, OSHA, DHS and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a comprehensive safety advisory August 2013, and a follow-up Advisory June 2015 on safe storage and handling of AN with additional details on emergency response practices. These advisories detail AN’s physical and chemical properties, hazards, recommended bulk storage practices, hazard reduction, pre-incident and emergency action planning, and appropriate fire emergency response.
The advisories, along with:
- Chapter 11 of the National Fire Protection Association (NFPA) 400-2016 Hazardous Materials Code which contains comprehensive information on AN hazards and hazard mitigation techniques;
- Safety and Security Guidelines for AN from the Institute for Makers of Explosives (IME); and
- Safety and Security Guidelines for the Storage and Transportation of Fertilizer Grade AN at Fertilizer Retail Facilities from the Agricultural Retailers Association and the Fertilizer Institute;
serve to make facility owners and operators; emergency planners and first responders; and communities aware of AN’s hazards, appropriate storage and handling practices, and appropriate emergency response.
CLICK HERE for this letter
Why didn’t EPA revise the RMP list of regulated substances to include Ammonium Nitrate?
Because of the hazardous nature of ammonium nitrate (AN), there are existing federal regulations for its safe handling and storage. The Occupational Safety and Health Administration’s (OSHA) Explosives and Blasting Agents Standard (29 CFR 1910.109) includes coverage of fertilizer grade AN. OSHA is considering whether or not to modify this standard or to add AN to their list of chemicals subject to their Process Safety Management (PSM) standard, which could result in the standard applying to processes at fertilizer mixers, distributors and wholesalers who store and handle AN. The DHS is also considering potential modifications of its CFATS regulation involving modification of screening threshold quantities (TQs) for chemicals of interest, which includes AN.
Given these factors, EPA will continue to work closely with OSHA and DHS to determine whether additional EPA action is necessary. Although EPA is not proposing to add AN to the list of substances subject to the RMP rule at this time, the Agency may elect to propose such a listing at a later date.
CLICK HERE for this letter