OSHA Policy Change Affects Anhydrous Ammonia Facilities
Updated: Thursday, September 10, 2015
By: Anthony Humes
The Occupational Safety and Health Administration (OSHA) has implemented a safety policy change that will affect retail facilities that store and distribute anhydrous ammonia, a form of nitrogen fertilizer.
The new policy will put 283 facilities under these new regulations in North Dakota.
Agriculture Commissioner Doug Goehring believes this change is an abrupt overreach by federal authorities and is considering legal action by the state.
"The fact that they didn't go through the process, the procedure properly, would warrant that. But it would also mean that we would need to visit about what these effects are in other parts of the nation," Goehring said.
The OSHA policy change is now in place and all facilities must be compliant by January 2016.
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Agriculture Commissioner Doug Goehring of ND, strongly objects to recent OSHA policy change regarding retail anhydrous ammonia facilities
BISMARCK, ND
Agriculture Commissioner Doug Goehring says a recent policy change by the Occupational Safety and Health Administration (OSHA) on what constitutes an anhydrous ammonia retail facility is an overreach of federal authority and should be withdrawn and reconsidered.
Under the new policy change, all anhydrous ammonia facilities come under the new OSHA rule. The new policy will place 283 facilities under a different regulatory classification, which includes retail facilities. North Dakota currently has only eight (8) manufacturing and wholesale distribution facilities that fall under the rule.
“This abrupt change of a longstanding, straight-forward, and effective policy will disproportionately negatively affect North Dakota small- and medium-sized facilities, operators and farmers,” said Goehring. “This new OSHA policy is similar to having a small corner gas station maintain the same regulatory requirements as a massive oil refinery complex.”
“North Dakota anhydrous ammonia facilities are safe and already adequately regulated,” Goehring said. “This policy is unnecessary and excessive. It will impose tremendous costs to agriculture without any discernible benefit to worker or public safety.”
Goehring voiced concern about OSHA not following required federal rule-making procedures because it did not provide proper public notice nor did it adequately solicit comments on their proposed rule changes. “The proprietors and the employees of these facilities are entitled to have a voice regarding this new OSHA policy. These industry representatives and farmers have legitimate points to make and very practical feedback to provide. However, OSHA did not follow an Executive Order, which directed them to incorporate stakeholder feedback and develop best management practices before making a decision to change this longstanding policy,” said Goehring.
Goehring said implementation of the new policy could force many North Dakota small- and medium-sized operators out of business, estimating up to one-third of local dealers could close in response to their inability to implement the new rule. “With the close of so many facilities and the lack of product in our rural communities, it could force farmers to place anhydrous facilities in service without some of the precautions and practices in place to ensure safety for themselves, their workers and the public,” he said. “That very realistic outcome would be entirely counterintuitive to OSHA’s apparent intent of its new rule.”
Goehring also stated that the new OSHA policy could create other unintended consequences for public safety as product will have to travel further distances on our road system from the few remaining fertilizer facilities still in operation.
“Numerous stakeholders in the agriculture industry have met with us regarding this unexpected and unnecessary rule change. We share their concerns,” Goehring said. “In a letter to OSHA, I detailed our many concerns and requested that they nullify the new rule.”
Goehring further emphasized that “NDDA is now looking at all options available to us, to ensure North Dakota anhydrous ammonia facilities, farmers, and operators are not forced out of business by excessive, unreasonable regulation and that they have the necessary tools and resources to carry out their operations.”
The OSHA policy change is effective immediately and all anhydrous ammonia facilities must be in compliance by January 21, 2016.