WASHINGTON – Senator Chuck Grassley today said that the Department of Homeland Security has indefinitely extended the filing deadline for agricultural facilities or operations that would be required to register chemicals of interest as required by the Chemical Facility Anti-Terrorism Standards. The chemicals of interest include ammonium nitrate, anhydrous ammonium, and other chemicals commonly used by agricultural producers.
Propane is not included in the extension, so agriculture facilities with stored quantities in excess of 60,000 pounds must still register on the “Top Screen” system by January 22. The extension also does not apply to chemical distribution facilities or commercial chemical application services.
“This extension is a welcome development for agricultural producers, but the uncertain length of the extension and the last minute notice raises some questions about its impact. It would have been nice to give people a little more notice,” Grassley said. “I also wonder if there’s a legitimate reason they didn’t extend the propane registration deadline.”
On April 9, 2007, the Department of Homeland Security published regulations known as the Chemical Facility Anti-Terrorism Standards (CFATS) which require any facility that houses certain "Chemicals of Interest" to register the location and the types of chemicals stored at that location. Registration was required by January 22, 2008, and could be completed through DHS via the online "Top Screen" system.
Grassley said that the Federal Register noted that chemicals of interest that were granted extensions were those used in preparation for the treatment of crops, feed, land, livestock (including poultry) or other areas of agricultural production and during application to or treatment of crops, feed, land, livestock (including poultry) or other areas of agricultural production.
He also said that the extension applies to farms; ranches; rangeland; poultry, dairy and equine facilities; turfgrass growers; golf courses' nurseries; floricultural operations; and public and private parks.
After learning of the Department’s actions last year, Grassley said the propane regulations could put an undue burden on family farmers and small business owners across rural America. Grassley wrote to Department of Homeland Security Secretary Michael Chertoff that he understood the need for the Department to exercise the utmost caution, but propane tanks are used by virtually every farm across the country and by many small businesses in rural areas that are not supplied by natural gas.
Grassley then offered an amendment to the Department of Homeland Security Appropriations bill that would help limit the scope of the rule. The amendment would have prohibited the use of funds to the Department of Homeland Security to enforce the current regulations for propane when a site has more than 7,500 pounds but less than 100,800 pounds, until it amends the regulations to provide an exemption for rural homesteads, agricultural producers and small business concerns. The amendment was not considered during debate of the bill.
In August, Grassley sent a letter to the acting director of the Office of Management and Budget asking the Office to take a hard look at the onerous regulations on propane that the Department of Homeland Security had written. The Office of Management and Budget not only oversees the budget of the federal government, but also all administrative rules issued by federal agencies.
The Department ultimately changed the regulations for stored quantities of propane by raising the threshold to the current 60,000 pound level. The Department also exempted smaller tanks under 10,000 pounds (up to a total of 60,000 pounds). Grassley included a provision in the Senate Farm Bill that will require the Department to conduct outreach with the agricultural community ensuring questions with the Top Screen registration process are addressed. The provision also requires the Department to report to Congress the impact the propane registration has had so that Congress can ensure rural areas were not disproportionately impacted by the regulation.
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