Feds Continue to Work on Ammonium Nitrate Bill

by Tracy E. Outlaw

In 2002, South Carolina became the first state in the U.S. to pass legislation that restricts the sale of Ammonium Nitrate (AN).  Many states have followed South Carolina’s lead in passing legislation, but currently there is no Federal Ammonium Nitrate Bill.

Ammonium Nitrate remains readily available, according to a recent ABC News undercover investigation. AN was used in the 1995 bombing of the Alfred P. Murrah Building in Oklahoma City and in the 1998 al Qaeda attacks on four U.S. Embassies in east Africa.  These events pushed some U.S. lawmakers to introduce federal legislation regarding AN.

In March 2007, the House Homeland Security Subcommittee approved the “Secure Handling of Ammonium Nitrate Act of 2007” (H.R.1680).  This bill requires the Department of Homeland Security (DHS) to create a regulatory system that will keep AN out of the hands of individuals who may misuse it as an explosive.

The bill would require producers, sellers, and purchasers to register with DHS.  Producers and sellers would be required to maintain records of sales for three years. The records would include the name, address, phone number, registration number, date, and quantity of AN sold.

Senator Mark Pryor (D-Ark.) introduced the “Secure Handling of Ammonium Nitrate Act of 2007”(S.1463) to the Senate Homeland Security Committee, which is a companion to the House bill.  Like the House bill, Senator Pryor’s bill requires DHS to develop a system for regulating AN. It requires producers, sellers, and purchasers to be registered with DHS.  The Senate bill also requires records to be kept for a period of three years from the date of purchase.  In addition, it requires that all thefts or unexplained losses be reported to federal law enforcement within 24 hours.

In July 2007, the Senate approved the “Secure Handling of Ammonium Nitrate Act of 2007”(S.1463) by a vote of 89 to 4.  The bill will now move to the Senate-House conference.  Ford West, President of the Fertilizer Institute, released a statement urging the Senate-House conference to act quickly so this measure can be sent to and signed by President Bush.

The bill may preempt the South Carolina Restricted Fertilizer Law.  South Carolina legislation requires that producers and sellers of AN (33% or greater), Urea (45% or greater), and Anhydrous Ammonia have a Restricted Fertilizer Permit.  Restricted Fertilizer Permit holders are required to record a valid driver’s license number or other approved photo identification when anyone purchases a restricted fertilizer.  These records must be kept for two years.

Field inspectors from the Department of Plant Industry routinely check the records of Restricted Fertilizer Permit holders.  Fines of up to $25,000 per offense are assessed if records are not kept in compliance with the law.

For more information, contact the Fertilizer Institute’s Director of Government Relations Kris Ballweg at 202.515.2701.  For information on how this legislation might affect the S.C. Restricted Fertilizer Law, contact the Department of Plant Industry.

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