Senate Committee Directs OSHA to Report Where AN Storage Regs Need Updating

06/10/2016

In another victory for IME, the Senate Committee Report on the FY 17 Labor/HHS appropriations bill directs OSHA to study Ammonium Nitrate storage regulations (29 CFR 1910.109(i)) and report back where updates are needed.  In addition, the report requires OSHA to conduct a cost benefit study of any proposed updates.  The language should cause OSHA to reconsider any attempts to require Process Safety Management standards for AN.  Special thanks is given to Senators Roy Blunt (R-MO), John Barrasso (R-WY) and Joe Manchin (D-WV) for their help on this important issue.  IME is working through our allies to secure similar language in the House Labor/HHS appropriations committee report. 
 
The Senate Committee Report Language:
 
The Committee understands that, as a result of Executive Order
13650, Improving Chemical Facility Safety and Security, OSHA is
considering options to ensure the safety of ammonium nitrate handling
and storage. The Committee also understands that there is
no record thus far of an accidental detonation of ammonium nitrate
in a situation where a storage facility has been compliant with
OSHA's existing regulations at 29 CFR 1910.109(i). The existing
regulations are based on standards of the National Fire Protection
Association. Before any new regulations are proposed for the storage
of solid ammonium nitrate, the Secretary shall submit a report
to the Committees on Appropriations of the House Representatives
and the Senate; the Senate Health, Education, Labor and Pensions
Committee; and the House Committee on Education and the Workforce
that identifies any provisions of OSHA's current 29 CFR
1910.109(i) regulations under consideration for update and that
evaluates the costs and benefits of such changes.