Nebraska Congressman Adrian Smith introduced H.R. 5213, the Fertilizer Access and Responsible Management Act Thursday. It repeals OSHA’s interpretive rule which revoked the exemption for retail facilities from Process Safety Management regulations for anhydrous ammonia. Smith says if this rule goes forward it will be costly to farmers as it will limit the use of a key fertilizer source.
Smith says OSHA went beyond their authority in releasing this regulation in July of 2015.
The memorandum impacts nearly 4,800 fertilizer retailers and will cost the industry in excess of $100 million to comply. As a result, The Fertilizer Institute is also opposing the PSM Rule and President Chris Jahn says they’re fighting it on a couple of fronts.
Farm groups are supporting Smith’s FARM Act. Nebraska Farm Bureau President Steve Nelson says OSHA’s rule would add millions of dollars in new costs for fertilizer retailers and farmers.
He also says agriculture shouldn’t have to pay the price for a regulation prompted by the unfortunate ammonium nitrate explosion at a fertilizer plant in Texas that this week federal investigator announced was due to arson.
Original co-sponsors of this bipartisan bill include Minnesota Rep. Collin Peterson.