Process Safety Management (PSM) Regulations of NH3 – an Update
Last month KARA contacted members of the Kanas Congressional delegation and requested
that they sign a letter to OSHA (CLICK HERE) regarding the OSHA memo released last summer
removing the retail exemption from PSM for NH3 storage. The Congressional letter states that
"the continued attempts by OSHA to tie anhydrous ammonia to the West incident are in
contradiction to the facts."
In response, OSHA indicated that it intends to pursue formal rule-making to amend its PSM
regulations. OSHA has initiated a small business advocacy review panel which is a 'first step' in
the official rulemaking process.
On June 9th, the Senate Appropriations Committee approved a FY17 appropriations bill and the
committee report included language stating OSHA is to submit PSM to rulemaking, conduct a
cost analysis, and establish a NAICS code for farm supply retailers. Hopefully this appropriations
bill passes the House intact and is signed by the President. However, OSHA has stated that it
intends to enforce PSM against ag retailers of NH3 beginning October 1, 2016.
Additionally, on June 14th, Kansas Congressman Tim Huelskamp co-sponsored the Fertilizer
Access and Responsible Management Ac, (HR 5213), a bill introduced to repeal the 2015 OSHA
memo and prevent OSHA from enforcing PSM on ag retail facilities.
In addition, TFI and ARA continue pursuing their legal action against OSHA on the 2015 PSM
memo in the US Court of Appeals. The eventual impact of PSM on ag retail facilities handling
anhydrous ammonia may very well depend on the outcome of the next Presidential election.