In the past few weeks, there have been several developments on the OSHA Process Safety Management (PSM) rules for retail anhydrous ammonia facilities.  Here's an overview:

 

1.  The Ag Retailers Association (ARA) and The Fertilizer Institute (TFI) have requested a formal, judicial review of the OSHA actions on PSM asking for the courts to review how OSHA handled their directive to remove the retail exemption from PSM that has existed since 1992 and if their actions comply with the applicable laws governing the federal regulatory process.  Nearly 20 ag retailers, several of them IFCA members, enjoined in the lawsuit to demonstrate the concern of the industry.  
 

2.  This past week, a U.S. Senate Committee on Homeland Security & Government Affairs held a hearing entitled "Examining the Use of Agency Regulatory Guidance."  In this hearing, US Senator Joni Ernst from Iowa was very critical of OSHA's handling of the PSM issue and its impact on ag retailers.  She called for the Agency to withdraw their directive and commence with a formal rulemaking allowing for full notice and comment from affected stakeholders.  To see a video of her discussing her serious concerns to OSHA at the hearing, click here.
 

3.  OSHA is going to host a PSM webinar on Tuesday, September 29 from 1 - 2 pm central time.  Jeff Wanko, a safety engineer with OSHA will provide an overview of the basic steps retailers must take in order to be in compliance with PSM.  To participate in this free webinar, click here to join the meeting or you can listen from your phone at (626) 425-3113, access code 948-330-485.  
 

4.  Our friends at the Asmark Institute developed a very reader friendly explanation of the OSHA PSM requirements for ammonia retailers.  We recommend you take some time to review this document and begin to formulate your company strategy with regards to compliance.  While there are substantial efforts underway to mitigate the impact of the rule, roll back the rule or extend the compliance date, none of that has yet taken place and the compliance date as of today is January 22, 2016.  IFCA plans to host meetings this winter to explain the regulation to our members in as simple terms as possible.  To see the Asmark explanation of what OSHA PSM means to Ag Retailers, click here.  

 

We commend our national groups ARA and TFI for their efforts on this issue, and IFCA has been in communication with our US representatives as well on the OSHA PSM issue.  As the story unfolds, we will keep you apprised.  In the meantime, please don't hesitate to call Jean or KJ if you have questions.