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Homeland Security
regulations soon to affect some Kentucky farmers
By
Aimee Nielson
LEXINGTON, Ky., (Dec. 12, 2007) – In November the U.S.
Department of Homeland Security released a list of chemicals of
concern, known as “Appendix A.” Appendix A includes such
chemicals as ammonium nitrate, anhydrous ammonia, potassium
nitrate and sodium nitrate. Kentucky farmers might use one or
all of these common chemicals in their operations. If they
possess the chemicals above specified quantities, farmers will
need to register with DHS and complete what’s known as a
“Top-Screen” assessment by Jan. 21.
“After farmers register and complete the Top-Screen assessment,
DHS will notify them if the farmer is considered ‘high risk’ and
let them know if any additional requirements need to be met,”
said Greg Schwab, University of Kentucky College of Agriculture
extension soils specialist. “Unfortunately, because of the very
low threshold quantities, many Kentucky farmers and most
agriculture retailers are required to complete this Top-Screen
assessment.”
Schwab said farmers who do not currently have these materials,
but take a delivery at a later date, have 60 days from the day
of delivery to register.
“Also if someone is registered, and then they increase the
quantity of materials they possess - above the amount they told
DHS in the original Top-Screen - they have 60 days to update
their information.”
The following is a partial list of common agricultural chemicals
and quantities specified in Appendix A:
• Ammonium Nitrate Fertilizer – 2,000 pounds in a shipping
package (bags, truck, fertilizer buggies – basically anything
except bulk storage)
• Anhydrous Ammonia – 10,000 pounds total (Add all quantities in
nurse tanks and bulk tanks to get possession quantity.)
• Potassium Nitrate – 400 pounds in a shipping package
• Sodium Nitrate – 400 pounds in a shipping package
• Some common fumigants and insecticides. (Check Appendix A for
specifics.)
Propane – 60,000 lbs (not counting tanks 10,000 pounds or less).
“All of the rules revolve around possession of the chemicals,”
Schwab said. “So if a farmer has the fertilizer retailer custom
apply their fertilizer, only the custom applicator needs to be
registered.”
The new DHS requirements were put into play when Congress passed
and President Bush signed the Department of Homeland Security
Appropriations Act of 2007. A section of the act authorizes DHS
to require high-risk chemical facilities to complete security
vulnerability assessments, develop site security plans, and
implement risk-based measures designed to satisfy DHS-defined
risk-based performance standards. The act also authorized DHS to
enforce compliance with the security regulations, including
conducting audits and inspections of high-risk facilities,
imposing civil penalties of up to $25,000 per day, and shutting
down facilities that fail to comply with the regulations.
Schwab said farmers or agricultural retailers who meet any one
of the criteria should log onto the DHS web page at
http://www.dhs.gov/xprevprot/programs
/gc_1169501486197.shtm and complete the Chemical
Security Assessment Tool.
For more information about the DHS’ Chemical Facility
Anti-Terrorism Standards visit the DHS Web site at
http://www.dhs.gov/chemicalsecurity
or call the CSAT Helpline at 866-323-2957 from 7 a.m. to 7 p.m.,
EST, Monday through Friday.
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Contact: Greg Schwab, 859-257-9780
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