Federal Agencies’ Responsibilities for Promoting Chemical Safety and Security

OSHA and EPA play key roles in protecting the public from the effects of  chemical accidents, with EPA focusing on the environment and public  health and OSHA focusing on worker safety and health. Also, DHS does not require certain  agricultural producers to report their chemical holdings to DHS. Over 1,300 Facilities in 47 States Reported Having Ammonium Nitrate, but Data Limitations Prevent Obtaining a Complete Count of Facilities

The total number of facilities in the United States with ammonium nitrate  is not known because of the different reporting criteria used by different  government agencies, reporting exemptions, and other data limitations. While the total number is unknown, over 1,300 facilities reported having  ammonium nitrate to DHS. DHS’s data, however, do not include all  facilities that work with ammonium nitrate, in part because some facilities,  such as farms, currently do not have to report to DHS and, according to  DHS officials, other facilities that are required to report may fail to do so. Many of these facilities were concentrated in the South. OSHA Has Not Focused Its Enforcement Efforts on Ammonium Nitrate and EPA Has Not Regulated It as a Hazardous Material

OSHA has regulations for the storage of ammonium nitrate, but the  agency has not focused its enforcement resources on the use of  ammonium nitrate by the fertilizer industry, which is a primary user. OSHA Has Conducted Little Outreach to the Fertilizer Industry to Increase Awareness of Its Ammonium Nitrate Storage Regulations

Until the explosion in West, Texas, OSHA had not reached out to the  fertilizer industry to inform its members of OSHA’s requirements for the  storage of ammonium nitrate fertilizer. OECD chemical safety guidance  suggests public authorities periodically inspect the safety performance of  hazardous facilities. Other OSHA and EPA Chemical Safety Regulations Do Not Apply to Facilities with Ammonium Nitrate

OSHA’s PSM regulations for chemical safety do not cover ammonium  nitrate. Under the Executive Order, OSHA and EPA Are Seeking Information on Expanding Regulation and Oversight of Ammonium Nitrate, but Have Not Yet Proposed Any Regulatory Changes

In response to the August 2013 Executive Order on Improving Chemical  Facility Safety and Security, OSHA and EPA, as part of the federal  working group, have invited public comment on a wide range of policy  options for overseeing the housing and handling of hazardous chemicals  in the United States. Some Countries Regulate and Oversee Ammonium Nitrate By Imposing Requirements on Facilities, Conducting Inspections, and Supporting Industry Initiatives to Promote Compliance

		Other Countries’ Approaches Include Risk Assessments and Restrictions on Where and How Ammonium Nitrate Can Be Stored

According to foreign officials and government documents, Canada and  the three EU countries we contacted—France, Germany, and the United  Kingdom—require facilities with specified quantities of ammonium nitrate,  including fertilizer grade ammonium nitrate, to assess its risk and develop  plans or policies to control the risks and mitigate the consequences of  accidents. According to  guidance published by Environment Canada, a federal-level regulatory  agency, facilities that store 22 tons or more of ammonium nitrate must  develop and implement an environmental emergency plan. Three of the countries we reviewed—France, Germany, and the United  Kingdom—restrict the use of wood for storage purposes in certain  instances, according to information and documents provided by relevant  officials. In addition, certain ammonium  nitrate and ammonium nitrate-based preparations must be separated  from combustible materials, for example by brick or concrete walls. Routine Inspections. Conclusions

Large quantities of ammonium nitrate are present in the United States,  although the precise number of facilities with ammonium nitrate is not  known. Facilities may be required, in certain  circumstances, to report their chemical holdings to federal, state, and  local authorities for security and emergency planning purposes. Such data sharing could help federal agencies identify facilities that are  not complying with their regulations and enable OSHA to target high risk  facilities with ammonium nitrate for inspection. To improve federal oversight of facilities with ammonium nitrate, we  recommend that the Secretary of Labor, the Administrator of EPA,  and the Secretary of Homeland Security, as part of their efforts as  members of the Chemical Facility Safety and Security Working Group  established by the Executive Order issued in August 2013, develop  and implement methods of improving data sharing among federal  agencies and with states. 2. 3. To strengthen federal oversight of facilities with ammonium nitrate, we  recommend that the Secretary of Labor and the Administrator of EPA  direct OSHA and EPA, respectively, to 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. In  addition, EPA, DHS, and OSHA provided technical comments, which we  have incorporated as appropriate.
Why GAO Did This Study

In April 2013, about 30 tons of ammonium nitrate fertilizer detonated during a fire at a facility in West, Texas, killing at least 14 people and damaging nearby schools, homes, and a nursing home. This incident raised concerns about the risks posed by similar facilities across the country. OSHA and EPA play a central role in protecting workers and communities from chemical accidents, and DHS administers a chemical facility security program. GAO was asked to examine oversight of ammonium nitrate facilities in the United States and other countries. This report addresses (1) how many facilities have ammonium nitrate in the United States, (2) how OSHA and EPA regulate and oversee facilities that have ammonium nitrate, and (3) what approaches selected other countries have adopted for regulating and overseeing facilities with ammonium nitrate. GAO analyzed available federal data and data from selected states with high use of ammonium nitrate; reviewed federal laws and regulations; and interviewed government officials, chemical safety experts, and industry representatives in the United States and selected countries.

What GAO Found

Federal data provide insight into the number of facilities in the United States with ammonium nitrate but do not provide a complete picture because of reporting exemptions and other data limitations. The Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) do not require facilities to report their ammonium nitrate holdings. The Department of Homeland Security (DHS) requires facilities with certain quantities of ammonium nitrate to report their holdings for security purposes. While the total number of facilities in the United States with ammonium nitrate is unknown, as of August 2013, at least 1,300 facilities in 47 states reported to DHS that they had reportable quantities of ammonium nitrate. Federal law also requires certain facilities to report their ammonium nitrate holdings to state and local authorities for emergency planning purposes, but these data are not routinely shared with federal agencies. According to EPA, states are not required to report these data to federal agencies, and each state determines how to share its data. As part of an Executive Order on Improving Chemical Facility Safety and Security issued in August 2013, federal agencies are exploring options for improving data sharing, but this work is not yet complete.
OSHA and EPA provide limited oversight of facilities that have ammonium nitrate. OSHA's regulations include provisions for the storage of ammonium nitrate, but the agency has done little outreach to increase awareness of these regulations within the fertilizer industry, a primary user. In addition, the regulations have not been significantly revised since 1971 and allow storage of ammonium nitrate in wooden buildings, which could increase the risk of fire and explosion. Other OSHA and EPA chemical safety regulations—which require facilities to complete hazard assessments, use procedures to prevent and respond to accidents, and conduct routine compliance audits—do not apply to ammonium nitrate. Furthermore, although OSHA targets worksites in certain industries for inspection, its inspection programs do not target facilities with ammonium nitrate and, according to OSHA officials, information on these facilities is not available to them to use for targeting the facilities. International chemical safety guidance suggests authorities should provide facilities information on how regulatory requirements can be met and periodically inspect them.
GAO reviewed approaches to overseeing facilities with ammonium nitrate in Canada, France, Germany, and the United Kingdom, selected in part based on recommendations from chemical safety experts. According to foreign officials and government documents, these countries require facilities with specified quantities of ammonium nitrate to assess its risk and develop plans or policies to prevent chemical accidents. For example, Canadian officials said facilities with 22 tons or more of ammonium nitrate are required to complete a risk assessment and an emergency plan. Some countries' storage requirements also restrict the use of wood to store ammonium nitrate. For example, officials told GAO that France restricted the use of wood for storing ammonium nitrate fertilizer after several incidents involving ammonium nitrate fertilizer, and German officials told GAO that certain ammonium nitrate and ammonium nitrate-based preparations must be separated from combustible materials by brick or concrete walls.

What GAO Recommends

GAO is recommending that federal agencies improve data sharing, OSHA and EPA consider revising their related regulations to cover ammonium nitrate, and OSHA conduct outreach to the fertilizer industry and target high risk facilities for inspection. DHS, EPA, and OSHA agreed with GAO's recommendations and suggested technical changes, which GAO incorporated as appropriate.