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The U.S. Environmental Protection Agency (EPA) is evaluating whether or not to add ammonium nitrate to the list substances regulated under its (RMP). ��EPA's announcement comes as a , which often signals a federal agency's intent to pursue notice-and-comment rulemaking. Ammonium nitrate (AN), a chemical that is used as both a fertilizer and as an explosive, is used in the highly explosive Ammonium Nitrate-Fuel Oil (AN-FO). This is one of the most popular explosives for a variety of applications such as quarrying, mining and in construction.�� Among the key questions is whether EPA should reconsider listing explosives on its RMP list. The RMP list of covered chemicals consists of 77 toxic substances and 63 flammable substances. However, the list doesn’t include AN.�� EPA is requesting information on how to best address the safe storage, handling and risk management of AN. Currently, AN is not a listed substance under the RMP regulation. (40 CFR 68) seeks to prevent and mitigate accidental releases of listed toxic and flammable substances. ��Requirements under the RMP rule include development of a hazard assessment, a prevention program, and an emergency response program. EPA listed high explosives on the RMP list in 1994 but removed them in early 1998, in a settlement of litigation with the Institute of Makers of Explosions, which had challenged the listing, claiming that it is already sufficiently regulated by other federal agencies. Ammonium Nitrate Rules Already ‘On the Books’ EPA already regulates ammonium nitrate under the Emergency Planning and Community Right-to-Know Act (EPCRA), Sections 311 and 312. Those provisions require owners or operators of facilities covered by the Occupational Safety and Health Administration (OSHA) to submit a material safety data sheet (MSDS) for each “hazardous chemical” to state/local emergency response commissions and local fire Department; an emergency and hazardous chemical inventory form also must be submitted annually. The Department of Transportation (DOT) also regulates transportation of ammonium nitrate under its Hazardous Materials Regulations. Ammonium nitrate is listed in DOT’s Hazardous Materials Table . In addition, the Bureau of Alcohol, Tobacco, and Firearms (ATF) of the Department of the Treasury regulates the storage and handling of AN as an explosive material (either as part of an explosive or as a blasting agent) (-224). What is more, OSHA regulates the storage, handling, and transportation of AN when it is used in explosives, water slurries, gels or blasting agents ( (a)-(h), (k)) or when stored on-site with explosives or blasting agents.�� OSHA issued its own in December 2013 seeking, among other things, comments on potential revisions to its Process Safety Management Standard (29 CFR 1910.119), as well as its Explosive and Blasting standard, to improve its approach to preventing hazards associated with AN.�� (AN is not currently covered by OSHA's PSM standard.) Next Steps As OSHA develops its approach to improve workplace safety associated with ammonium nitrate hazards, EPA will consider if additional action is needed to complement OSHA regulations. Specifically, EPA will decide whether the coverage provided to ammonium nitrate facilities is sufficient or whether ammonium nitrate should be included in its RMP regulation. A recent recommends that EPA and OSHA, respectively, consider revising their related regulations to cover ammonium nitrate and jointly develop a plan to require high-risk facilities with ammonium nitrate to assess the risks and implement safeguards to prevent accidents involving this chemical.�� The GAO states that “While much can be achieved under current regulations, OSHA and EPA’s regulations contain gaps with respect to ammonium nitrate that may allow unsafe facilities to operate and poor planning to persist.” The agency’s Request for Information comes one year after President Obama issued :��Improving Chemical Facility Safety and Security, which was intended to address gaps in U.S. chemical security rules following a major ammonium nitrate explosion in West, Texas. ��In furtherance of this Executive Order – and – EPA, OSHA and ATF issued a , EPA 550-S-13-001, on the hazards of ammonium nitrate storage, handling and management. While the 2014 request for information is not a formal rule proposal, the momentum is swinging in the direction of an eventual proposed rule. As an alternative to expanding the scope of the RMP, EPA has solicited public input on expanding the use of EPCRA information (such as better integration of information on explosive hazards into local emergency plans) and other governmental and industry programs (including voluntary programs) to address any safety gaps.�� �鶹��Ƶ will monitor EPA action on these topics evolve and report on any new developments. Comments and other information in response to the RFI must be submitted to the by Oct. 29, 2014. Please contact Leah Pilconis, senior environmental advisor to �鶹��Ƶ, at pilconis@agc.org if you have questions.