By KEVIN WALKER
Michigan Correspondent

WASHINGTON, D.C. — After years of slow-moving developments, the federal Department of Homeland Security (DHS) has finally published a proposed rule to regulate the movement and sale of ammonium nitrate (AN), a chemical compound found in fertilizers that can also be used as a main ingredient in explosives, legitimately and otherwise.

“In today’s ever-evolving threat environment, we must continually reinforce the security of substances, such as ammonium nitrate, which can be used for legitimate purposes or exploited by terrorists,” said DHS Secretary Janet Napolitano.

“Creating the Ammonium Nitrate Security Program is a critical step forward in our continued efforts to ensure the security of potentially dangerous amounts of ammonium nitrate, while still facilitating legitimate everyday use.”
According to the statement issued by DHS on Aug. 2, AN is also used in first-aid products as well as regulated commercial explosives in the construction and mining industries. It was also a main component in explosives used in terrorist attacks in Oklahoma City, the London bombings and others.

The new Ammonium Nitrate Security Program would have six main requirements for sellers, buyers and handlers of AN: anyone who buys, sells or moves ammonium nitrate would have to get a registration number from the DHS; a background check using a DHS database must be conducted on anyone buying AN; sellers must verify a purchaser’s identity and DHS registration number; any facility that sells or moves ammonium nitrate must keep records of each transaction for at least two years; some sellers would be required to report the loss or theft of certain quantities of ammonium nitrate to federal authorities within 24 hours; and DHS must issue a registration number to an applicant within a specified time frame.

The proposed rule, available online, goes into more detail about the requirements. Kevin Runkle, manager of Regulatory Services at the Illinois Fertilizer and Chemical Assoc., said the new regulations would impact retailers, wholesalers and maybe even manufacturers, but not in Illinois.

“In Illinois we don’t use it predominantly,” Runkle said. “Missouri and Kentucky use ammonium nitrate on their pastures. It is used some in Illinois for corn.”
He said his organization is kind of neutral on the issue of the new regulations. “We don’t oppose it,” he said. Currently the handling of AN is regulated in nine states, including Michigan. AN security requirements were added to the Michigan Fertilizer Law in 2005; AN fertilizer use has significantly dropped in Michigan and nationally over the past 15 years.

In Michigan, the state Department of Agriculture and Rural Development MDARD) is charged with AN regulation. April Hunt, Feed and Fertilizer manager at MDARD, participated in a conference call last week with the Fertilizer Institute and representatives from other states to find out what the issues are and to provide her own input.

Hunt said The Fertilizer Institute is really running the show on this right now and will submit comments on the proposed rule. The organization wanted input from states.

“(DHS) is going to be looking at more than just ammonium nitrate, but mixtures of more than 30 percent by weight,” she said. “That’s concerning to us because it could be hard to monitor that. It’s kind of interesting to hear the industry’s concerns on that. That’s definitely what the industry is going to be commenting on.”

She said it’s also interesting that a 25-pound bag of pure AN would not be regulated under the proposed rule, but a larger bag of mixture would be. Still, Hunt sees this development as a “welcome thing.”
Comments have to be submitted on the proposed federal rule by Dec. 1. To view the rule or comment on it, go to www.regulations.gov