CHEMICAL SAFETY

Actions Needed to 

Improve Federal 

Oversight of Facilities 

with Ammonium 

Nitrate

Report to Congressional Requesters

May 2014

GAO-14-274

United States Government Accountability Office
United States Government Accountability Office

Highlights of GAO-14-274, a report to 

congressional requesters

May 2014

CHEMICAL SAFETY

Actions Needed to Improve Federal Oversight of 

Facilities with Ammonium Nitrate

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 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.

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.

View GAO-14-274. For more information, 

contact Revae Moran at (202) 512-7215 or 

moranr@gao.gov.
Page i GAO-14-274 Chemical Safety

Letter 1

Background 5

Over 1,300 Facilities in 47 States Reported Having Ammonium 

Nitrate, but Data Limitations Prevent Obtaining a Complete 

Count of Facilities 13

OSHA Has Not Focused Its Enforcement Efforts on Ammonium 

Nitrate and EPA Has Not Regulated It as a Hazardous Material 23

Some Countries Regulate and Oversee Ammonium Nitrate By 

Imposing Requirements on Facilities, Conducting Inspections, 

and Supporting Industry Initiatives to Promote Compliance 36

Conclusions 44

Recommendations for Executive Action 45

Agency Comments and Our Evaluation 46

Appendix I Comments from the Environmental Protection Agency 48

Appendix II Comments from the Department of Homeland Security 50

Appendix III Comments from the Department of Labor 52

Appendix IV GAO Contact and Staff Acknowledgments 54

Tables

Table 1: Thresholds for Reporting Ammonium Nitrate under the 

CFATS Program 10

Table 2: Number of Facilities that Reported Having Ammonium 

Nitrate to the Department of Homeland Security (DHS) 

and the Number of States in Which They Were Located, 

August 2013 14

Table 3: Ammonium Nitrate Storage Topics Addressed in 

Selected Provisions of OSHA’s Explosives and Blasting 

Agents Regulations 24

Table 4: Number of Facilities Reporting More Than Threshold 

Amounts of Ammonium Nitrate to DHS That May be 

Contents
Page ii GAO-14-274 Chemical Safety

Exempt from Planned OSHA Safety Inspections Based on 

Industry Classification and Number of Employees 32

Table 5: Selected Key Requirements and Corresponding 

Threshold Quantities in the European Union’s Seveso III 

Directive for Facilities with Fertilizer Grade Ammonium 

Nitrate 39

Figures

Figure 1: Photographs of Damage from the Explosion in West, 

Texas in April 2013 7

Figure 2: Number of Facilities in Texas that Reported to State 

Agencies and DHS That They Had Ammonium Nitrate 16

Figure 3: Number of Facilities in Alabama that Reported to the 

State and DHS That They Had Ammonium Nitrate 17

Figure 4: Entities Receiving Federally Required Hazardous 

Chemical Reports from Facilities 21

Abbreviations

CFATS Chemical Facility Anti-Terrorism Standards 

DHS Department of Homeland Security 

EPA Environmental Protection Agency 

EPCRA Emergency Planning and Community Right-toKnow Act of 1986 

EU European Union 

OECD Organisation for Economic Co-operation and 

Development 

OSHA Occupational Safety and Health Administration 

OSH Act Occupational Safety and Health Act of 1970 

PSM Process Safety Management 

RMP Risk Management Program 
Page iii GAO-14-274 Chemical Safety

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Page 1 GAO-14-274 Chemical Safety

441 G St. N.W.

Washington, DC 20548

May 19, 2014

The Honorable Barbara Boxer

Chairman

Committee on Environment and Public Works

United States Senate

The Honorable George Miller

Ranking Member

Committee on Education and the Workforce

House of Representatives

The Honorable Robert P. Casey, Jr.

Chairman

Subcommittee on Employment and Workplace Safety

Committee on Health, Education, Labor, and Pensions

United States Senate

The Honorable Joe Courtney

Ranking Member

Subcommittee on Workforce Protections

Committee on Education and the Workforce

House of Representatives

On April 17, 2013, about 30 tons of ammonium nitrate fertilizer detonated 

during a fire at a fertilizer storage and distribution facility in West, Texas, 

killing at least 14 people and injuring more than 200 others. The explosion 

severely damaged or destroyed nearly 200 homes, three nearby schools, 

a nursing home, and an apartment complex.1 While ammonium nitrate is 

widely used in agriculture, mining, and other industries, the Texas tragedy 

underscores the need for great care in its storage and handling. Today, 

significant quantities of ammonium nitrate fertilizer are stored in facilities 

across the United States. In 2012, use of ammonium nitrate fertilizer in 

 1 Hearing on Oversight of Federal Risk Management and Emergency Programs to 

Prevent and Address Chemical Threats, Including the Events Leading up to the 

Explosions in West, Texas and Geismar, Louisiana, Before the Senate Comm. on 

Environment and Public Works, 113th Cong. 1st Sess., June 27, 2013 (statement of 

Rafael Moure-Eraso, Chairman, Chemical Safety and Hazard Investigation Board 

(Chemical Safety Board). The Chemical Safety Board is an independent federal safety 

board charged with investigating chemical accidents.
Page 2 GAO-14-274 Chemical Safety

the United States amounted to 853,093 tons.2 In 2010, U.S. companies 

reported producing about 7.5 million tons of ammonium nitrate.3 The total 

number and location of facilities in the United States in which ammonium 

nitrate is stored, however, is not known.

In response to the explosion in West, Texas, President Obama issued an 

Executive Order on August 1, 2013 designed to improve the safety and 

security of chemical facilities and reduce the risks that hazardous 

chemicals pose to workers and communities.4 The order, which includes 

a focus on ammonium nitrate, established a federal working group to 

improve federal coordination with state and local partners; enhance 

federal agency coordination and information sharing; modernize policies, 

regulations, and standards; and work with stakeholders to identify best 

practices.

Several federal agencies are involved in regulating facilities with 

hazardous chemicals, but the Department of Labor’s Occupational Safety 

and Health Administration (OSHA) and the Environmental Protection 

Agency (EPA) play central roles in protecting workers and communities 

from chemical accidents at facilities.5 In addition, the Department of 

Homeland Security (DHS) administers a chemical facility security 

program, the Chemical Facility Anti-Terrorism Standards (CFATS) 

program, which requires certain chemical facilities to report information to 

DHS and, in some instances, take additional steps to secure their 

facilities. You asked us to examine federal oversight of facilities with 

ammonium nitrate in the United States and approaches used by other 

countries. For this review we addressed the following questions: (1) How 

many facilities in the United States have ammonium nitrate? (2) How do 

OSHA and EPA regulate and oversee facilities that have ammonium 

 2 Association of American Plant Food Control Officials and The Fertilizer Institute, 

Commercial Fertilizers 2012, Columbia, Missouri:. This publication reports fertilizer 

consumption data submitted by state fertilizer control offices. The consumption data 

include total sales or shipments of fertilizer for farm and non-farm use by state.

3

U.S. Census Bureau, Current Industrial Reports, Fertilizers and Related Chemicals –

2010, MQ325B(10)-5, June 2011.

4 Improving Chemical Facility Safety and Security, Exec. Order No. 13,650, 78 Fed. Reg. 

48,029 (Aug. 7, 2013).

5 In this report, we use the term facility to mean any fixed site where hazardous chemicals 

are present, which can include chemical manufacturers, distributors, and farm supply 

retailers. The term facility may be defined differently for regulatory purposes.
Page 3 GAO-14-274 Chemical Safety

nitrate? (3) What approaches have selected other countries adopted for 

regulating and overseeing facilities with ammonium nitrate?

To answer question 1, we analyzed data from DHS’s CFATS program 

and other sources on the number and types of facilities that reported 

having ammonium nitrate as of August 2013 and documented the 

limitations of the data.

6 To assess the reliability of the CFATS data, we 

reviewed agency documentation, interviewed DHS officials, and 

performed electronic testing of required data elements. We also 

requested state data on facilities that reported having ammonium nitrate 

from four states with high ammonium nitrate fertilizer consumption–

Alabama, Missouri, Tennessee, and Texas7

–and received data from 

Texas and Alabama.8 We compared data collected by DHS to other data 

sources, including chemical inventory data from Alabama and Texas, 

which were identified as leading users of ammonium nitrate fertilizer, and 

trade data collected by DHS’s Customs and Border Protection agency on 

U.S. imports and exports of ammonium nitrate.9 Our primary purpose in 

comparing CFATS data with data from other sources was to determine 

whether the CFATS data represent a complete count of facilities with 

ammonium nitrate. We determined that the CFATS data were sufficiently 

reliable for purposes of providing the number and type of facilities that 

reported having ammonium nitrate at levels that met thresholds for 

reporting under CFATS. As we discuss later in this report, certain 

 6 DHS requires facilities to report if they possess certain chemicals at or above its 

screening threshold quantities. This may include facilities that manufacture, process, use, 

store, or distribute these chemicals. 

7 These four states accounted for about 55 percent of U.S. ammonium nitrate fertilizer 

consumption in 2012. Alabama represents about 10 percent, Missouri represents about 19 

percent, Tennessee represents about 18 percent, and Texas represents about 8 percent. 

Source: Commercial Fertilizers 2012 report published by the Association of American 

Plant Food Control Officials and The Fertilizer Institute.

8 These data are collected pursuant to the Emergency Planning and Community Right-toKnow Act of 1986 (EPCRA). State responses to our data requests appeared, in part, to 

reflect differing interpretations of EPCRA. Officials from Missouri and Tennessee said that 

they would provide data only in response to a written request about specific facilities, 

citing an EPCRA provision on availability of data to the public. Because a complete list of 

facilities with ammonium nitrate was not readily available, we were unable to ask for data 

by facility.

9 DHS’s Customs and Border Protection agency collects real time data on shipments of 

products to and from the United States as part of its efforts to facilitate international trade 

and protect national security.
Page 4 GAO-14-274 Chemical Safety

limitations of the data did not allow us to determine whether all facilities 

that should have reported to DHS actually did so.

For question 2, we reviewed relevant federal laws and regulations, 

focusing on OSHA’s and EPA’s regulations, including the types of 

facilities covered by the regulations.10 We also interviewed federal agency 

officials regarding their oversight practices.

To describe the approaches selected other countries have adopted for 

regulating and overseeing facilities with ammonium nitrate, we reviewed 

approaches used by selected member countries of the European Union 

(EU) and the Organisation for Economic Co-operation and Development 

(OECD): Canada, France, Germany, and the United Kingdom. To select 

these four countries, we considered the extent to which the countries use 

ammonium nitrate fertilizer, the results of our literature search, and 

recommendations from our interviews with chemical safety experts. There 

are key differences between the United States and these other countries, 

including the size of the country, the size of the agriculture industry, and 

the amount of ammonium nitrate used. We interviewed government 

officials from the EU and the countries selected and reviewed documents 

provided by the officials. We did not conduct an independent legal 

analysis to verify the information provided about the laws, regulations, or 

policies of the foreign countries selected for this study. We also 

interviewed U.S. and international fertilizer industry associations, 

chemical safety experts, and federal officials to obtain their views on U.S. 

chemical safety regulations and oversight, and the practices of the 

selected countries.

We conducted this performance audit from June 2013 to May 2014 in 

accordance with generally accepted government auditing standards. 

Those standards require that we plan and perform the audit to obtain 

sufficient, appropriate evidence to provide a reasonable basis for our 

findings and conclusions based on our audit objectives. We believe that 

the evidence obtained provides a reasonable basis for our findings and 

conclusions based on our audit objectives.

 10 In this review, we sought to identify federal regulations that apply to ammonium nitrate 

used as a fertilizer. Although the regulations we identified may also apply to ammonium 

nitrate used for other purposes (for example, as a blasting agent), additional federal 

regulations may apply in these contexts that are not discussed in this report.
Page 5 GAO-14-274 Chemical Safety

Ammonium nitrate products are manufactured and sold in various forms, 

depending upon their use. For example, ammonium nitrate fertilizer may 

be produced and sold in liquid form or as solid granules.11 According to 

The Fertilizer Institute, solid ammonium nitrate fertilizer is used heavily by 

farmers in Alabama, Missouri, Tennessee, and Texas primarily on 

pastureland, hay, fruit, and vegetable crops.12 In addition to its agricultural 

benefits, ammonium nitrate can be mixed with fuel oil or other additives 

and used by the mining and construction industries as an explosive for 

blasting.13

While ammonium nitrate can increase agricultural productivity, use of this 

chemical poses a safety and health risk because it can intensify a fire 

and, under certain circumstances, explode. Ammonium nitrate by itself 

does not burn, but it increases the risk of fire if it comes in contact with 

combustible materials. Ammonium nitrate that is stored in a confined 

space and reaches high temperatures can explode.14 An explosion is 

more likely to occur if ammonium nitrate is contaminated by certain 

materials, such as fuel oil, or if it is stored in large stacks.

Because of ammonium nitrate’s potential to facilitate an explosion, 

facilities storing ammonium nitrate may pose a security threat in part 

because it can be used to make weapons. Ammonium nitrate fertilizer 

 11 According to the Chemical Safety Board, a granular solid form of ammonium nitrate was 

stored at the West, Texas facility. Senate Hearing on Chemical Threats (June 27, 2013)

(statement of CSB Chairman Rafael Moure-Eraso). Fertilizer sales data published by the 

Department of Agriculture suggest that solid ammonium nitrate fertilizer represents about 

3 percent of all types of fertilizer sold in the United States and that ammonium nitrate 

fertilizer sales have generally declined in recent years. 

12 The Fertilizer Institute is a national organization representing producers, importers, 

retailers, and others involved in the fertilizer industry.

13 Products containing ammonium nitrate can vary in their composition and chemical 

properties, depending on the purpose for which they will be used, such as a fertilizer or as 

an explosive. Different types of ammonium nitrate may be subject to different regulatory 

requirements, as discussed later in this report.

14 Information about the hazards of ammonium nitrate can be found in the International 

Chemical Safety Card for Ammonium Nitrate published by the National Institute for 

Occupational Safety and Health, which is part of the Department of Health and Human 

Services’ Centers for Disease Control and Prevention. 

Background

Use and Hazards of 

Ammonium Nitrate
Page 6 GAO-14-274 Chemical Safety

has been used by domestic and international terrorists to make explosive 

devices.15 For example, on April 19, 1995, ammonium nitrate fertilizer—

mixed with fuel oil—was used by a domestic terrorist to blow up a federal 

building in Oklahoma City, Oklahoma. The explosion killed 168 people 

and injured hundreds more.

Ammonium nitrate has been involved in several major chemical accidents 

over the past century, including explosions in the United States and 

Europe. In addition to killing at least 14 people and injuring more than 200 

others, the explosion in West, Texas severely damaged or destroyed 

nearly 200 homes; an apartment complex; and three schools that were, at 

the time, unoccupied (see fig. 1).16 Prior to that incident, an explosion in 

1994 involving ammonium nitrate at a factory in Port Neal, Iowa killed four 

workers and injured 18 people. In 1947, explosions aboard two ships 

holding thousands of tons of ammonium nitrate fertilizer killed more than 

500 people, injured approximately 3,500, and devastated large areas of 

industrial and residential buildings in Texas City, Texas. In Europe, 

accidents involving ammonium nitrate have occurred in Germany, 

Belgium, and France. A 1921 accident in Germany and one in Belgium in 

1942 caused hundreds of deaths after explosives were used to break up 

piles of hundreds of tons of ammonium nitrate, resulting in large scale 

detonations. In France, a ship carrying more than 3,000 tons of 

ammonium nitrate exploded in 1947, a few months after the Texas City 

disaster, after pressurized steam was injected into the storage area in an 

attempt to put out a fire. In 2001, an explosion at a fertilizer plant in 

Toulouse, France involving between 22 and132 tons of ammonium nitrate 

resulted in 30 deaths, thousands of injuries requiring hospitalization, and 

widespread property damage. Past accidents also indicate that smaller 

quantities of ammonium nitrate can cause substantial damage. For 

example, in 2003, an explosion of less than 6 tons of ammonium nitrate in 

a barn in rural France injured 23 people and caused significant property 

damage.

 15 See GAO, Combating Terrorism: State Should Enhance Its Performance Measures for 

Assessing Efforts in Pakistan to Counter Improvised Explosive Devices, GAO-12-614

(Washington, D.C.: May 15, 2012). 

16 Senate Hearing on Chemical Threats (June 27, 2013) (statement of CSB Chairman 

Rafael Moure-Eraso).
Page 7 GAO-14-274 Chemical Safety

Figure 1: Photographs of Damage from the Explosion in West, Texas in April 2013
Page 8 GAO-14-274 Chemical Safety

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. Under the 

Occupational Safety and Health Act of 1970 (OSH Act), OSHA is the 

federal agency responsible for setting and enforcing regulations to protect 

workers from hazards in the workplace, including exposure to hazardous 

chemicals.17 In addition, the Clean Air Act Amendments of 1990 

designated roles for both OSHA and EPA with respect to preventing 

chemical accidents and preparing for the consequences of chemical 

accidents.18 In response to requirements in this act, OSHA issued 

Process Safety Management (PSM) regulations in 1992 to protect 

workers engaged in processes that involve certain highly hazardous 

chemicals, and EPA issued Risk Management Program (RMP) 

regulations in 1996 to require facilities handling particular chemicals to 

plan how to prevent and address chemical accidents.19 The PSM and 

RMP regulations each apply to processes involving a specified list of 

chemicals above threshold quantities, and require covered facilities to 

take certain steps to prevent and prepare for chemical accidents. 

However, neither OSHA’s PSM regulations nor EPA’s RMP regulations 

cover ammonium nitrate.

The Emergency Planning and Community Right-to-Know Act of 1986 

(EPCRA) establishes authorities for emergency planning and 

preparedness and emergency release notification reporting, among other 

things.20 Under section 312 of EPCRA and EPA regulations, facilities with 

certain hazardous chemicals in amounts at or above threshold levels—

including ammonium nitrate in some circumstances—are required to 

annually submit chemical inventory forms to state and local authorities to 

 17 Pub. L. No. 91-596, 84 Stat. 1590 (codified as amended at 29 U.S.C. §§ 553, 651-78). 

OSHA’s regulations on hazardous materials may be found in subpart H of 29 C.F.R. pt. 

1910. OSHA’s regulations apply to private sector workplaces and some federal 

government workplaces. In this report, we focused on regulations that apply to private 

sector workplaces. 

18 Pub. L. No. 101-549, §§ 301, 304, 104 Stat. 2399, 2563-74, 2576-77.

19 See 29 C.F.R. § 1910.119 and app. A (OSHA’s regulation on process safety 

management of highly hazardous chemicals) and 40 C.F.R. pt. 68 (EPA’s risk 

management program regulations).

20 Pub. L. No. 99-499, tit. III, 100 Stat. 1613, 1728-58 (codified at 42 U.S.C. §§ 11001-50).

Federal Agencies’

Responsibilities for 

Promoting Chemical 

Safety and Security
Page 9 GAO-14-274 Chemical Safety

help emergency response officials prepare for and respond to chemical 

incidents.21

For purposes of enhancing chemical facility security, the Department of 

Homeland Security (DHS) Chemical Facility Anti-Terrorism Standards 

(CFATS) program requires facilities possessing certain chemicals at or 

above threshold quantities–including some types of ammonium nitrate–to 

submit reports to DHS with information about the facility and the regulated 

chemicals present on site.22 Among other things, DHS collects information 

on the quantities of certain hazardous chemicals held at facilities, the 

location of the facilities, and their industry codes.23 DHS set different 

threshold quantities for reporting based on the type of ammonium nitrate 

and the type of security risk presented (see table 1).

 21 42 U.S.C. § 11022. EPA’s regulations implementing sections 311 and 312 of EPCRA, 

pertaining to hazardous chemical reporting, are found at 40 C.F.R. pt. 370. As discussed 

later in this report, according to an August 2013 chemical advisory issued by the Bureau 

of Alcohol, Tobacco, Firearms and Explosives (ATF), EPA, and OSHA, ammonium nitrate 

is considered a hazardous chemical subject to the EPCRA reporting provisions. However, 

EPCRA exempts any substance “to the extent it is used in routine agricultural operations 

or is a fertilizer held for sale by a retailer to the ultimate customer.” 42 U.S.C. § 

11021(e)(5). According to the advisory, this exemption applies only to ammonium nitrate 

retailers, not to manufacturers or wholesalers; any ammonium nitrate that is mixed or 

formulated with other chemicals by facilities is not covered by the exemption.

22 6 C.F.R pt. 27 and app. A. DHS established the CFATS program in response to a 

requirement in its annual appropriations. See Department of Homeland Security 

Appropriations Act, 2007, Pub. L. No. 109-295, § 550, 120 Stat. 1355, 1388-89 (2006). 

DHS issued the CFATS regulations in 2007 and the list initially included 322 chemicals of 

interest and the screening threshold quantities for each chemical. Additional requirements 

may apply to specific facilities based on the information provided or other factors. For 

more information on the CFATS program see: GAO, Critical Infrastructure Protection: 

DHS Needs to Improve Its Risk Assessments and Outreach for Chemical Facilities, 

GAO-13-801T (Washington, D.C.: Aug. 1, 2013); GAO, Critical Infrastructure Protection: 

DHS Efforts to Assess Chemical Security Risk and Gather Feedback on Facility Outreach 

Can Be Strengthened, GAO-13-353 (Washington, D.C.: Apr. 5, 2013); and GAO, Critical 

Infrastructure Protection: Observations on DHS Efforts to Identify, Prioritize, Assess, and 

Inspect Chemical Facilities, GAO-14-365T (Washington, D.C.: Feb. 27, 2014).

23 North American Industry Classification System (NAICS) industry codes are used to 

classify the industry that best describes the facilities that report to DHS. 
Page 10 GAO-14-274 Chemical Safety

Table 1: Thresholds for Reporting Ammonium Nitrate under the CFATS Program

Type of Ammonium Nitrate Reporting Threshold

Ammonium nitrate with more than 0.2 

percent combustible substances, including 

any organic substance calculated as 

carbon, to the exclusion of any other added 

substancea

400 pounds or more for a theft risk (if in 

transportation packaging) c and 5,000 

pounds or more for a release risk

Solid ammonium nitrate with a nitrogen 

concentration of 23 percent or greater, and, 

if in a mixture, a minimum ammonium nitrate 

concentration of 33 percent or greater b

2,000 pounds or more for a theft risk (if in 

transportation packaging)

Source: CFATS regulations,. 6 C.F.R. pt. 27 and app. A.

a According to DHS, this type of ammonium nitrate is more commonly used as an explosive and is 

regulated by the Department of Transportation as a Division 1.1 explosive. Division 1.1 consists of 

explosives that have a mass explosion hazard. A mass explosion is one which affects almost the 

entire load instantaneously. 49 C.F.R. § 173.50(b)(1).

b According to DHS, this type of ammonium nitrate is more commonly used by the agricultural 

community as a fertilizer; however, it may be compounded with other ingredients to create an 

explosive.

c DHS’s CFATS regulations provide that in calculating whether a facility possesses a threshold 

amount of a chemical that poses a theft or diversion risk, the facility shall only include those 

chemicals that are in transportation packaging as defined by Department of Transportation

regulations. 6 C.F.R. § 27.203(c).

Not all facilities with ammonium nitrate, however, are required to file 

CFATS reports with DHS. First, facilities are only required to report if they 

are holding amounts equal to or greater than threshold quantities of 

specific types of ammonium nitrate. Also, DHS does not require certain 

agricultural producers to report their chemical holdings to DHS.24 In 

addition, DHS’s reporting threshold for ammonium nitrate fertilizer only 

applies to quantities held in transportable containers such as cylinders, 

bulk bags, bottles (inside or outside of boxes), cargo tanks, and tank 

cars.25 Finally, there are several statutory exemptions to CFATS 

 24 Pursuant to its authority under 6 C.F.R. § 27.210(c), DHS has extended the deadline for 

submitting CFATS reports until further notice for certain agricultural production facilities, 

such as farms, ranches, turfgrass growers, golf courses, nurseries, and public and private 

parks. See Notice to Agricultural Facilities About Requirement To Complete DHS’

Chemical Security Assessment Tool, 73 Fed. Reg. 1640 (Jan. 9, 2008). 

25 DHS’s CFATS regulations provide that in calculating whether a facility possesses a 

threshold amount of a chemical that poses a theft or diversion risk, the facility shall only 

include those chemicals that are in transportation packaging as defined by Department of 

Transportation regulations. 6 C.F.R. § 27.203(c). DHS considers ammonium nitrate 

fertilizer a chemical of interest because it can be stolen or otherwise diverted to make 

explosives. 
Page 11 GAO-14-274 Chemical Safety

requirements. Specifically, CFATS does not apply to public water systems 

or treatment works, any facility that is owned or operated by the 

Department of Defense or the Department of Energy, facilities regulated 

by the Nuclear Regulatory Commission, or facilities covered by the 

Maritime Transportation Security Act of 2002 administered by the Coast 

Guard.26

Other federal agencies regulate different aspects of the use of hazardous 

chemicals. For example, the Department of Transportation regulates the 

transport of hazardous materials, the Coast Guard inspects containers of 

hazardous materials at ports and waterways, and the Bureau of Alcohol, 

Tobacco, Firearms and Explosives (ATF) in the Department of Justice 

regulates the manufacture, distribution, and storage of explosive 

materials, including blasting agents and other explosive materials 

containing ammonium nitrate.27

State and local government agencies are also involved in regulating 

hazardous chemical facilities under federal laws and their own state or 

local laws. Federal laws may authorize or assign state and local 

governments certain roles and responsibilities for overseeing chemical 

facilities. For example, as permitted by the OSH Act, OSHA has approved 

state plans that authorize about half the states to operate their own 

occupational safety and health programs.28 As a result, private sector 

workplaces in 21 states and Puerto Rico are regulated and inspected by 

 26 Department of Homeland Security Appropriations Act, 2007, Pub. L. No. 109-295, § 

550(a), 120 Stat. 1355, 1388-89 (2006), 6 C.F.R. § 27.110(b). 

27ATF collects data on individuals that apply for federal explosives licenses and permits, 

which may include individuals working with ammonium nitrate. 

28 The OSH Act allows states to take responsibility for operating their own occupational 

safety and health programs under state plans approved by OSHA. To receive approval, 

state plans must meet certain criteria specified in the OSH Act, including the development 

and enforcement of state standards that are at least as effective as the federal standards. 

See generally 29 U.S.C. § 667, 29 C.F.R. pts. 1902, 1952, and 1956. Under the OSH Act, 

“state” is defined to include the District of Columbia, Puerto Rico, the Virgin Islands, 

American Samoa, Guam, and the Trust Territory of the Pacific Islands. See 29 U.S.C. § 

652(7). 

State and Local 

Government 

Responsibilities for 

Promoting Chemical 

Safety
Page 12 GAO-14-274 Chemical Safety

state occupational safety and health agencies rather than OSHA.29

Similarly, EPA has delegated its authority to implement and enforce the 

Risk Management Program to nine states and five counties.30 As 

previously mentioned, both state and local governments play a role in 

implementing EPCRA, which requires covered facilities to report basic 

information about their hazardous chemical inventories to certain state 

and local authorities, including estimates of the amounts of chemicals 

present at facilities.

In addition, state and local governments may establish and enforce their 

own laws, regulations, or ordinances to protect the public from chemical 

accidents. For example, state and local governments may adopt and 

enforce fire codes or zoning laws that specify how far chemical facilities 

must be located from residential areas.

The Executive Order issued on August 1, 2013 established a Chemical 

Facility Safety and Security Working Group co-chaired by the Secretary of 

Homeland Security, the Administrator of EPA, and the Secretary of Labor. 

The Executive Order includes directives for the working group to: improve 

operational coordination with state and local partners; enhance federal 

agency coordination and information sharing; modernize policies, 

regulations, and standards; and work with stakeholders to identify best 

practices. The order includes tasks focused specifically on ammonium 

nitrate.31 Specifically, it directs the Secretaries of Homeland Security, 

 29 OSHA does not enforce standards for state and local public-sector workplaces because 

the OSH Act does not apply to state and local government employers. 29 U.S.C. § 652(5). 

States that choose to operate their own state-run programs are required to cover state 

and local government workers. 29 U.S.C. § 667(c)(6). Five states have state plans that 

only include state and local government workers; OSHA provides enforcement for the 

private sector in those states. 

30 Under the Clean Air Act, EPA is authorized to delegate its implementation and 

enforcement authority of section 112 (including the RMP program) to states, provided the 

state standards are no less stringent than EPA’s. 42 U.S.C. § 7412(l), 40 C.F.R. §§ 63.90-

63.99. According to EPA officials, the nine states to which EPA has delegated this 

authority are: Delaware, Florida, Georgia, Mississippi, New Jersey, North Carolina, North 

Dakota, Ohio, and South Carolina. The five counties to which EPA has delegated this 

authority are: Buncombe, North Carolina; Forsyth, North Carolina; Mecklenburg, North 

Carolina; Jefferson, Kentucky; and Allegheny, Pennsylvania.

31 In addition to the specific provisions focused on ammonium nitrate, the Executive Order 

also addresses other hazardous chemicals more generally.

Executive Order on 

Improving Chemical 

Facility Safety and 

Security
Page 13 GAO-14-274 Chemical Safety

Labor, and Agriculture to develop a list of potential regulatory and 

legislative proposals to improve the safe and secure storage, handling, 

and sale of ammonium nitrate. In addition, the Department of Labor and 

EPA are directed to review the chemical hazards covered by the RMP 

and PSM regulations and determine whether they should be expanded to 

address additional hazards.

The Organisation for Economic Co-operation and Development (OECD), 

an intergovernmental organization with 34 member countries, issued 

guidance in 2003 on the prevention of, preparedness for, and response to 

chemical accidents.32 This publication was developed with other 

international organizations active in the area of chemical accident safety, 

such as the World Health Organization. The document—OECD Guiding 

Principles for Chemical Accident Prevention, Preparedness and 

Response—includes detailed guidance for industry, public authorities, 

and the public on how they can help prevent chemical accidents and 

better respond when accidents occur.

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.

 32 The 34 OECD member countries are Australia, Austria, Belgium, Canada, Chile, Czech 

Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, 

Ireland, Israel , Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, 

Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, 

Turkey, United Kingdom, and the United States. See OECD Guiding Principles for 

Chemical Accident Prevention, Preparedness and Response: Guidance for Industry 

(including Management and Labour), Public Authorities, Communities, and other 

Stakeholders (OECD 2003).

OECD’s Guidance on 

Chemical Safety

Over 1,300 Facilities 

in 47 States Reported 

Having Ammonium 

Nitrate, but Data 

Limitations Prevent 

Obtaining a Complete 

Count of Facilities
Page 14 GAO-14-274 Chemical Safety

As of August 2013, 1,345 facilities located in 47 states reported to DHS 

under CFATS that they had ammonium nitrate. The facilities that reported 

to DHS as having reportable quantities of ammonium nitrate were most 

often engaged in supplying and supporting the agriculture and mining 

industries. Many of these facilities were concentrated in the South. About 

half of these facilities were located in six states: Alabama, Georgia, 

Kentucky, Missouri, Tennessee, and Texas. Table 2 shows the number of 

facilities that reported to DHS that they had ammonium nitrate and the 

number of states in which they were located.

Table 2: Number of Facilities that Reported Having Ammonium Nitrate to the Department of Homeland Security (DHS) and the 

Number of States in Which They Were Located, August 2013

Type of Ammonium Nitrate Number of Facilities Number of States

Ammonium nitrate with more than 0.2 percent combustible substances, including any 

organic substance calculated as carbon, to the exclusion of any other added 

substancea 230 42

Solid ammonium nitrate with a nitrogen concentration of 23 percent or greater, and, if in 

a mixture, a minimum ammonium nitrate concentration of 33 percent or greater b 941 45

Reported having both types of ammonium nitrate 174 40

Total number of facilities that reported having ammonium nitrate 1,345 47

Source: GAO analysis of DHS data.

a According to DHS, this type of ammonium nitrate is more commonly used as an explosive and is 

regulated by the Department of Transportation as a Division 1.1 explosive. The threshold quantity for 

reporting this type of ammonium nitrate is 400 pounds or more for a theft risk (if in transportable 

packaging) and 5,000 pounds or more for a release risk.

b According to DHS, this type of ammonium nitrate is more commonly used by the agricultural 

community as a fertilizer; however, it may be compounded with other ingredients to create an 

explosive. The threshold quantity for reporting this type of ammonium nitrate for a theft risk (if in 

transportation packaging) is 2,000 pounds or more.

DHS Data List Over 1,300 

Facilities in 47 States with 

Ammonium Nitrate
Page 15 GAO-14-274 Chemical Safety

Our review of additional state data, including EPRCA data,

33 from Texas 

and Alabama, which have different reporting criteria than CFATS, 

indicated that there are more facilities with ammonium nitrate than those 

that report to DHS.34 We compared the data they provided to the data on 

facilities that reported to DHS under CFATS. In these two states, we 

found that the data from each of the sources provided to us differed and 

that no single count of such facilities, whether from the state or DHS, 

represented a comprehensive picture of facilities with ammonium nitrate.

For Texas, we reviewed three sources of data on facilities that have 

ammonium nitrate: (1) EPCRA data from the Texas Department of State 

Health Services; (2) a list of facilities that registered with the Office of the 

Texas State Chemist as having plans to produce, store, or sell 

ammonium nitrate; 35 and (3) DHS’s CFATS data. We compared data 

 33 Under section 312 of EPCRA and EPA’s regulations, facilities with 10,000 pounds or 

more of ammonium nitrate generally must submit an annual chemical inventory report to 

their designated state and local authorities. 42 U.S.C. § 11022, 40 C.F.R. § 

370.10(a)(2)(i).The designated authorities are the state emergency response commission, 

the local emergency planning committee, and the local fire department. A facility is 

required to submit these reports if (1) it is required to prepare a material safety data sheet 

(now called a safety data sheet) for a hazardous chemical as defined by OSHA’s Hazard 

Communication regulations, 29 C.F.R. § 1910.1200, and (2) the amount of the hazardous 

chemical meets or exceeds the threshold set by EPA’s regulations. For most hazardous 

chemicals that are not on EPA’s list of Extremely Hazardous Substances, the reporting 

threshold is 10,000 pounds or more. According to the chemical advisory issued by ATF, 

EPA, and OSHA in August 2013, ammonium nitrate is not considered an Extremely 

Hazardous Substance, but it is considered a hazardous chemical under OSHA’s Hazard 

Communication regulations and is therefore subject to the EPCRA provisions. However, 

EPCRA exempts any substance “to the extent it is used in routine agricultural operations 

or is a fertilizer held for sale by a retailer to the ultimate customer.” 42 U.S.C. § 

11021(e)(5). According to the advisory, this exemption applies only to ammonium nitrate 

retailers, not to manufacturers or wholesalers; any ammonium nitrate that is mixed or 

formulated with other chemicals by facilities is not covered by the exemption.

34 We compared the facility names and zip codes of facilities reporting to the state to the 

facilities that reported to DHS. Because of differences in reporting requirements, the 

differences in the number of facilities reporting to DHS and the number reporting to the 

states does not necessarily indicate noncompliance with the requirements.

35 In Texas, facility owners must register with the Office of the Texas State Chemist to 

produce, store, or sell ammonium nitrate, and there is no minimum threshold amount of 

ammonium nitrate that applies to this state requirement. See Tex. Agric. Code Ann. §§ 

63.151-63.157. This requirement applies to ammonium nitrate that contains more than 33 

percent nitrogen, as well as solid fertilizer containing ammonium nitrate, if the fertilizer’s 

nitrogen content from the ammonium nitrate is at least 28 percent of the fertilizer by 

weight. Facilities are required to keep records of the sale of ammonium nitrate and provide 

the records upon request to the State Chemist and other state agencies.

State Data and Federal 

Trade Data Suggest That 

the Total Number of 

Facilities with Ammonium 

Nitrate is Greater Than 

Those That Report to DHS
Page 16 GAO-14-274 Chemical Safety

from all three of these sources and found 189 facilities that reported 

having ammonium nitrate (see fig. 2). Of these 189 facilities, 52 filed 

CFATS reports with DHS. Data were not readily available to determine 

whether the remaining facilities were required to file CFATS reports. DHS 

officials told us the agency has begun an effort to obtain lists of chemical 

facilities the states have compiled and compare them with its CFATS data 

to identify facilities that should have filed CFATS reports but did not. This 

effort is still under way. As shown in figure 2, 17 of the 189 facilities in 

Texas were listed in all three data sources.

Figure 2: Number of Facilities in Texas that Reported to State Agencies and DHS 

That They Had Ammonium Nitrate 

Note: This figure includes data reported to the Texas Department of State Health Services under 

EPCRA section 312 as of December 2012, data collected by the Office of the Texas State Chemist 

under state law as of November 2013, and data reported to DHS under the CFATS program as of 

August 2013. Each of these programs has different reporting criteria, therefore, facilities required to 

report under one program may not be required to report under another program.
Page 17 GAO-14-274 Chemical Safety

For Alabama, we reviewed data from two sources on facilities that 

reported having ammonium nitrate: (1) EPCRA data from Alabama’s 

Department of Environmental Management, and (2) DHS’s CFATS data.36

From these two sources, we found 91 facilities that reported having 

ammonium nitrate— 57 that filed EPCRA reports with the state 

Department of Environmental Management and 71 that filed CFATS 

reports with DHS. Thirty-seven of the facilities filed reports with both the 

state and DHS. (See fig. 3.)

Figure 3: Number of Facilities in Alabama that Reported to the State and DHS That 

They Had Ammonium Nitrate

Note: This figure includes data reported to the Alabama Department of Environmental Management 

under EPCRA section 312 as of December 2012 and data reported to DHS under the CFATS 

program as of August 2013. Each of these programs has different reporting criteria, therefore, 

facilities required to report under one program may not be required to report under another program.

Our analysis of federal trade data collected by DHS’s Customs and 

Border Protection agency also suggests that a greater number of facilities 

 36 We did not find any other state agencies in Alabama that required reporting of 

ammonium nitrate holdings similar to the Office of the Texas State Chemist.
Page 18 GAO-14-274 Chemical Safety

have ammonium nitrate than those that reported to DHS under the 

CFATS program.37 Using the data from the Customs and Border 

Protection agency, we identified 205 facilities that imported ammonium 

nitrate products and 81 facilities that exported ammonium nitrate products 

in fiscal year 2013.38 The majority of these facilities reported importing or 

exporting mixtures of ammonium nitrate and calcium carbonate or 

mixtures of urea and ammonium nitrate. Eight of these facilities filed 

CFATS reports with DHS. Moreover, we found about 100 facilities that 

imported or exported a form of ammonium nitrate that may be subject to 

DHS’s CFATS requirements for reporting quantities over 2,000 pounds 

but did not file a report.39 These facilities, however, may not be required to 

file CFATS reports. For example, they may meet one of the statutory 

exemptions, or the composition of their ammonium nitrate (or their 

ammonium nitrate mixture) may not trigger the reporting requirements. 

Data were not readily available to determine whether they met all of 

DHS’s reporting requirements for the CFATS program. In addition, 

according to DHS officials, other data limitations could explain some of 

the differences between the CFATS data and the federal trade data. For 

example, facilities may submit reports to the different agencies using 

different names and addresses. According to DHS, different people in the 

facility may prepare the different reports; the facility may define the 

perimeters of each site differently; or the corporate structure or 

nomenclature may have changed from the time one report was submitted 

to the next reporting period.

 37 We compared the facility names and the city names used by companies that import and 

export ammonium nitrate to the facilities that reported to DHS. 

38 We counted any facility that imported or exported products with “ammonium nitrate”

listed as part of the product description.

39 We identified imports or exports of “ammonium nitrate,” but the federal trade data did 

not provide the actual chemical composition of the fertilizer; therefore, we could not 

determine whether these facilities were potentially subject to CFATS reporting 

requirements.
Page 19 GAO-14-274 Chemical Safety

The total number of facilities with ammonium nitrate is also difficult to 

determine because of the variation in reporting criteria, including 

exemptions for some facilities from reporting to either their state or to 

DHS. For example, farmers could be exempt from reporting under both 

EPCRA and CFATS because EPCRA’s reporting requirements do not 

apply to substances used in routine agricultural operations and DHS does 

not currently require certain agricultural producers to report their chemical 

holdings to DHS.40 In addition, DHS’s reporting threshold for ammonium 

nitrate fertilizer only applies to quantities held in transportable containers 

such as cylinders, bulk bags, bottles (inside or outside of boxes), cargo 

tanks, and tank cars.41 Also, EPCRA does not require retailers to report 

fertilizer held for sale to the ultimate customer. However, an August 2013 

chemical advisory on ammonium nitrate issued jointly by EPA, OSHA, 

and ATF clarified that EPCRA requires fertilizer distributors to report 

ammonium nitrate that is blended or mixed with other chemicals on site. 

In addition, some facilities may not report to DHS or their state because 

they have amounts of ammonium nitrate that are below the applicable

reporting thresholds.

Some facilities may not be included in either DHS’s or states’ data 

because they fail to submit their required reports, but the magnitude of 

underreporting is not known. DHS officials acknowledged that some 

facilities fail to file the required forms. The facility in West, Texas had not 

filed a CFATS report to DHS but, in 2012, this facility filed an EPRCA 

form with the state, reporting that it had 270 tons of ammonium nitrate. 

According to DHS officials, the agency does not know with certainty

whether the West, Texas facility should have reported its ammonium 

nitrate to DHS because the agency did not visit the facility after the 

explosion and it does not know the manner in which the facility held its 

ammonium nitrate prior to the explosion. Following the explosion at the 

facility in West, Texas, DHS obtained data from the state of Texas and 

compared the state data to the facilities that reported to DHS. As a result 

 40 See 42 U.S.C. § 11021(e)(5) and Notice to Agricultural Facilities About Requirement To 

Complete Chemical Security Assessment Tool Top-Screen, 73 Fed. Reg. 1640 (Jan. 9, 

2008).

41 DHS’s CFATS regulations provide that, in calculating whether a facility possesses a 

threshold amount of a chemical that poses a theft or diversion risk, the facility shall only 

include those chemicals that are in transportation packaging as defined by DOT 

regulations. 6 C.F.R. § 27.203(c). DHS considers ammonium nitrate fertilizer a chemical of 

interest because it can be stolen or otherwise diverted to make explosives. 

Differences in Reporting 

Criteria, Including 

Exemptions, and Facilities’

Failure to File Required 

Reports Also Prevent Full 

Identification of Facilities 

with Ammonium Nitrate
Page 20 GAO-14-274 Chemical Safety

of this data matching effort, DHS sent out 106 letters to other potentially 

noncompliant facilities in Texas. According to DHS, many of the Texas 

facilities that received the letter said they do not actually possess 

ammonium nitrate or do not meet the criteria to require reporting under 

CFATS. DHS has used EPA’s Risk Management Program (RMP) 

database to try and identify such facilities holding other chemicals, but it 

cannot use the RMP database to identify all facilities with ammonium 

nitrate because ammonium nitrate is not covered by EPA’s RMP 

regulations. In addition, DHS officials told us the agency is in the process 

of comparing its list of facilities that reported to DHS under the CFATS 

program to ATF’s list of facilities that have federal explosives licenses and 

permits to identify potentially noncompliant facilities, but this effort had not 

been completed at the time of our review.

OSHA has limited access to data collected by other agencies to use in 

identifying facilities with ammonium nitrate. DHS does not currently share 

its CFATS data with OSHA, although DHS officials told us they were not 

aware of anything prohibiting DHS from doing so. While EPA shares data 

from its RMP with OSHA on a quarterly basis, the data do not include 

information on ammonium nitrate because ammonium nitrate is not 

covered by EPA’s RMP regulations. As previously discussed, under 

section 312 of EPCRA, facilities are required to annually report 

information to state and local authorities on the types and quantities of 

certain hazardous chemicals present at their facilities, which may include 

ammonium nitrate. Facilities that possess reportable quantities of 

ammonium nitrate submit this information electronically or on paper 

forms, and the state and local entities maintain copies of these forms. 

However, according to agency officials, the EPCRA data are not shared 

directly with federal agencies, including OSHA, EPA, or DHS (see fig. 4). 

EPA officials, however, noted that EPCRA is primarily intended to provide 

information to state and local officials, not to other federal agencies. Any 

person may submit written requests to the designated state or local 

authority for information on individual facilities that may have ammonium 

nitrate, but lists of all facilities in a state that have submitted these data, 

including those that reported having ammonium nitrate, are not publicly 

available.42 In certain states we contacted, officials indicated that data on 

individual facilities could be requested from the state, but the requester 

 42 See 42 U.S.C. § 11022(e)(3).

OSHA Lacks Access to 

Data on Facilities That 

Have Ammonium Nitrate
Page 21 GAO-14-274 Chemical Safety

would have to request data on specific facilities to obtain information on 

the chemicals they hold. OSHA officials cited the lack of access to data 

on facilities with ammonium nitrate as a reason they would have difficulty 

designing an inspection program to target such facilities. 

Figure 4: Entities Receiving Federally Required Hazardous Chemical Reports from Facilities

a DHS’s Chemical Security Assessment Tool is used for submitting reports under DHS’s CFATS 

program.

b A risk management plan is required under EPA’s RMP regulations.

c The Chemical Inventory Form is used for submitting reports under section 312 of EPCRA. EPA 

publishes model forms; however, alternative formats are permitted provided they comply with EPCRA 

and EPA’s regulations.

Note: Facilities are only required to report if they meet the reporting requirements for each program.

The University of Texas at Dallas has a database (called E-Plan) that 

contains EPCRA data from over half of the states for the 2012 reporting 

year, but federal agencies have made limited use of it. University staff

originally developed the E-Plan database in 2000 with funding from EPA 

to facilitate EPCRA reporting and provide first responders rapid access to 

information on chemical facilities in emergency situations. In many local 

areas, first responders and emergency services personnel can use the EPlan data when they prepare for and respond to emergencies such as 
Page 22 GAO-14-274 Chemical Safety

fires. According to E-Plan administrators, OSHA staff helped develop the 

database, but currently OSHA does not use E-Plan. EPA staff told us that 

some EPA regional offices have used the E-Plan database to assess 

compliance with the agency’s RMP reporting requirements. DHS officials 

told us the agency does not use E-Plan data to assess compliance with 

CFATS requirements. DHS officials also explained that, while the 

database could contain useful information, it is incomplete. Some states 

do not submit data to E-Plan at all, and other states’ data are incomplete. 

In addition, participation in E-Plan is voluntary and, even among those 

states that participate, some states do not choose to allow their E-Plan 

data to be shared with federal agencies.

The Chemical Facility Safety and Security Working Group established by 

the August 2013 Executive Order has begun its efforts to develop 

proposals for improving information sharing, but this work has not been 

completed. The working group has held listening sessions throughout the 

country seeking input from interested parties on options for making 

improvements in chemical safety and security. It also has launched a pilot 

program in New York and New Jersey aimed at improving access to data 

on chemical facilities for federal, state, local, and tribal governments. In 

addition, the working group is evaluating how federal agencies can work 

with states to enhance the states’ roles as information sharing 

organizations, including options for sharing RMP, CFATS, and EPCRA 

data. Finally, it is exploring ways for federal and state agencies to share 

information and exchange data to, among other things, identify chemical 

facilities that are not in compliance with safety and security requirements. 

For example, DHS and EPA are comparing their CFATS and RMP data to 

determine if the CFATS data include facilities that should also have 

reported under the RMP. As a result, EPA has begun sending notification 

letters to facilities requesting information to help determine if the facility is 

subject to RMP requirements. Because the RMP regulations do not 

currently cover ammonium nitrate, however, this strategy would not be 

useful for identifying facilities that have ammonium nitrate. The federal 

working group is also sharing information to, among other things, identify 

whether additional facilities have failed to report under CFATS and is 

exploring whether EPA software offered to states to facilitate EPCRA 

reporting could also provide a vehicle to enhance access to the reports 

while meeting security objectives.

Ongoing Efforts to Improve 

Data Sharing on Chemical 

Facilities
Page 23 GAO-14-274 Chemical Safety

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. EPA, 

on the other hand, has regulations requiring risk management planning by 

facilities that have certain hazardous chemicals, but these regulations do 

not apply to ammonium nitrate.43

OSHA’s Explosives and Blasting Agents regulations—issued in 1971—

include provisions for the storage of both explosives grade and fertilizer 

grade ammonium nitrate in quantities of 1,000 pounds or more.44 OSHA 

based these regulations on two 1970 consensus standards developed by 

the National Fire Protection Association (NFPA).45 Few significant 

changes have been made to these regulations since they were issued, 

although the National Fire Protection Association periodically reviews and 

updates its standards. OSHA’s regulations include requirements that 

could reduce the fire and explosion hazards associated with ammonium 

nitrate, such as required fire protection measures, limits on stack size, 

and requirements related to separating ammonium nitrate from 

combustible and other contaminating materials. However, the regulations 

do not categorically prohibit employers from storing ammonium nitrate in 

 43 In this review, we sought to identify federal regulations that apply to ammonium nitrate 

used as a fertilizer. Although the regulations we identified may also apply to ammonium 

nitrate used for other purposes (for example, as a blasting agent), additional federal 

regulations may apply in these contexts that are not discussed in this report.

44 29 C.F.R. § 1910.109(i). These provisions apply to the storage of ammonium nitrate in 

the form of crystals, flakes, grains, or prills including fertilizer grade, dynamite grade, 

nitrous oxide grade, technical grade, and other mixtures containing 60 percent or more 

ammonium nitrate by weight, but do not apply to blasting agents.

45 NFPA is an independent nonprofit organization that convenes technical committees to 

develop national codes and standards intended to minimize the possibility and effects of 

fire and other risks. NFPA codes and standards are developed by consensus by 

committees composed of representatives from the government, industry, fire associations, 

and other organizations. Unlike OSHA’s regulations, consensus standards are voluntary.

OSHA Has Not 

Focused Its 

Enforcement Efforts 

on Ammonium Nitrate 

and EPA Has Not 

Regulated It as a 

Hazardous Material

OSHA’s Regulations for 

Explosives and Blasting 

Agents List Substantive 

Requirements for the 

Storage of Ammonium 

Nitrate
Page 24 GAO-14-274 Chemical Safety

wooden bins and buildings.46 In addition, if the facilities were in existence 

at the time the regulations were issued in 1971, OSHA’s regulations allow 

the use of storage buildings not in strict conformity with the regulations if 

such use does not constitute a hazard to life.47 Some of the provisions of 

OSHA’s ammonium nitrate storage regulations are described in table 3.

Table 3: Ammonium Nitrate Storage Topics Addressed in Selected Provisions of OSHA’s Explosives and Blasting Agents 

Regulations

Topic Summary of Selected Provisions Citation(s)

Who must comply All persons storing, having, or keeping ammonium nitrate, and the 

owner or lessee of any building, premises, or structure in which 

ammonium nitrate is stored in quantities of 1,000 pounds or more.

Applies to the storage of [solid] ammonium nitrate, including 

fertilizer grade, dynamite grade, nitrous oxide grade, technical 

grade, and other mixtures containing 60 percent or more 

ammonium nitrate by weight, but does not apply to blasting 

agents.

Certain additional exceptions apply.

29 C.F.R. § 1910.109(i)(2)(i).

29 C.F.R. § 1910.109(i)(1)(i)(a).

29 C.F.R. § 1910.109(i)(1)(i)(b)-(c).

Storage building 

construction

The wall on the exposed side of a storage building within 50 feet 

of a combustible building, forest, piles of combustible materials 

and similar exposure hazards shall be of fire-resistive 

construction. In lieu of the fire-resistive wall, other suitable means 

of exposure protection such as a free standing wall may be used.

All flooring in storage and handling areas shall be of 

noncombustible material or protected against impregnation by 

ammonium nitrate and shall be without open drains, traps, 

tunnels, pits, or pockets into which any molten ammonium nitrate 

could flow and be confined in the event of fire.

The continued use of an existing storage building or structure not 

in strict conformity with [these provisions] may be approved in 

cases where such continued use will not constitute a hazard to 

life. 

29 C.F.R. § 1910.109(i)(2)(iii)(c).

29 C.F.R. § 1910.109(i)(2)(iii)(d).

29 C.F.R. § 1910.109(i)(2)(iii)(e).

 46 All flooring in storage and handling areas must be of noncombustible material or 

protected against impregnation by ammonium nitrate. 29 C.F.R. § 1910.109(i)(2)(iii)(d). 

For bulk storage of ammonium nitrate, wooden bins protected against impregnation by 

ammonium nitrate are permissible. 29 C.F.R. § 1910.109(i)(4)(ii)(b).

47 29 C.F.R. § 1910.109(i)(2)(iii)(e).
Page 25 GAO-14-274 Chemical Safety

Topic Summary of Selected Provisions Citation(s)

Size of piles and separation 

distances, when stored in 

bags, drums or other 

containers

Minimum distance from walls (bags): 30 inches.

Maximum pile height and width: 20 feet.

Maximum pile length: 50 feet. Where the building is of 

noncombustible constriction or is protected by automatic 

sprinklers the length of the piles is not limited.

Minimum distance from the roof: 36 inches.

Aisles shall be provided to separate piles by a clear space of at 

least 3 feet. At least one service or main aisle in the storage area 

shall be not less than 4 feet wide.

29 C.F.R. § 1910.109(i)(3)(ii)(b).

29 C.F.R. § 1910.109(i)(3)(ii)(c).

29 C.F.R. § 1910.109(i)(3)(ii)(d).

Storage bin construction for 

bulk ammonium nitrate

Due to the corrosive and reactive properties of ammonium nitrate, 

and to avoid contamination, galvanized iron, copper, lead, and 

zinc shall not be used in a bin construction unless suitably 

protected. Aluminum bins and wooden bins protected against 

impregnation by ammonium nitrate are permissible. The partitions

dividing the ammonium nitrate storage from other products which 

would contaminate the ammonium nitrate shall be of tight 

construction.

29 C.F.R. § 1910.109(i)(4)(ii)(b).

Separation from combustible 

and other contaminating 

materials

Ammonium nitrate shall be in a separate building or shall be 

separated by approved type firewalls of not less than 1 hour fireresistance rating from storage of organic chemicals, acids, or 

other corrosive materials, materials that may require blasting 

during processing or handling, compressed flammable gases, 

flammable and combustible materials or other contaminating 

substances.

29 C.F.R. § 1910.109(i)(5)(i)(a).

Fire protection Not more than 2,500 tons of bagged ammonium nitrate shall be 

stored in a building or structure not equipped with an automatic 

sprinkler system.

Suitable fire control devices such as small hose or portable fire 

extinguishers shall be provided throughout the warehouse and in 

the loading and unloading areas.

Water supplies and fire hydrants shall be available in accordance 

with recognized good practices. 

29 C.F.R. § 1910.109(i)(7)(i).

29 C.F.R. § 1910.109(i)(7)(ii)(a).

29 C.F.R. § 1910.109(i)(7)(ii)(b).

Source: Ammonium nitrate storage provisions of OSHA’s regulations, 29 C.F.R. § 1910.109(i).

Note: This table is not intended to be comprehensive; additional requirements or exceptions may 

apply to each topic that are not described here. States with their own OSHA-approved occupational 

safety and health program must have state standards that are at least as effective as OSHA’s.

Recently, OSHA, EPA, and ATF jointly issued a chemical advisory that 

recommends that facilities store ammonium nitrate in non-combustible 

buildings.48 Similarly, following the explosion in West, Texas, the National 

 48 Environmental Protection Agency (EPA), Occupational Safety and Health 

Administration (OSHA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF) Chemical Advisory: Safe Storage, Handling, and Management of Ammonium 

Nitrate, EPA 555-S-13-001 (Washington, D.C.: August 2013).
Page 26 GAO-14-274 Chemical Safety

Fire Protection Association is considering changes to its ammonium 

nitrate storage provisions, which are part of its hazardous materials 

consensus standard, including restricting the use of wood to store 

ammonium nitrate.

In addition to storage requirements, OSHA’s Hazard Communication 

regulations require that employers whose workers are exposed to 

hazardous chemicals, including ammonium nitrate, inform their workers of 

the dangers and train them to handle the materials appropriately. 

Employers are required to use labels, training, and safety data sheets to 

inform workers of chemical hazards in the workplace.49 Safety data 

sheets are written documents with details on the hazards associated with 

each chemical, measures workers can take to protect themselves, actions 

workers should take in case of an emergency, and safety precautions for 

handling and storing the chemical.

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. An OSHA official told us the 

agency has not traditionally informed the fertilizer industry about these 

regulations. However, another OSHA official said agency officials met 

with industry representatives after the explosion at the facility in West, 

Texas and, based on that meeting, concluded that the fertilizer industry is 

“well aware” of the agency’s storage regulations. OECD’s Guiding 

Principles for Chemical Accident Prevention, Preparedness, and 

Response recommend that public authorities provide clear, easy-tounderstand guidance to facilities on how regulatory objectives and 

requirements can be met.

OSHA recently published information about how the agency’s Explosives 

and Blasting Agents regulations apply to ammonium nitrate fertilizer. The 

agency provides employers with training, technical assistance, and 

 49 29 C.F.R. § 1910.1200. The regulations do not include a list of chemicals and threshold 

amounts that would trigger application of the regulations. Rather, the regulations apply to 

any chemical which is known to be present in the workplace in such a manner that 

employees may be exposed under normal conditions of use or in a foreseeable 

emergency, subject to certain exceptions. In its 2012 revisions to the Hazard 

Communication regulations, OSHA changed the name of material safety data sheets to 

safety data sheets. See Hazard Communication, 77 Fed. Reg. 17,574 (Mar. 26, 2012).

OSHA Has Conducted 

Little Outreach to the 

Fertilizer Industry to 

Increase Awareness of Its 

Ammonium Nitrate 

Storage Regulations
Page 27 GAO-14-274 Chemical Safety

information through its website on a variety of safety and health topics.50

Recently, OSHA updated its website to refer to its storage regulations for 

ammonium nitrate fertilizer. The August 2013 chemical advisory contains 

information on OSHA’s ammonium nitrate storage regulations, stating that 

OSHA’s Explosives and Blasting Agents regulations contain requirements 

for the storage of all grades of ammonium nitrate, including fertilizer grade 

ammonium nitrate. In addition, in February 2014, OSHA announced that 

the agency is working with the fertilizer industry to remind employers of 

the importance of safely storing and handling ammonium nitrate. OSHA 

published a letter on its website that provides employers with legal 

requirements and best practice recommendations for safely storing and 

handling ammonium nitrate. In the letter, OSHA states that the agency 

will enforce the requirements of 29 C.F.R. § 1910.109(i) for storage of 

ammonium nitrate, including at facilities in non-explosives industries. 

According to the announcement, fertilizer industry associations will share 

the letter with facilities across the country.

Fertilizer industry representatives we interviewed said that, prior to the 

explosion in West, Texas, they did not know that OSHA’s ammonium 

nitrate storage regulations applied to the fertilizer industry, and they 

suggested that OSHA reach out to the fertilizer industry to help prevent 

another incident. Industry representatives explained that their 

understanding was based on a proposed rule published by OSHA in the 

Federal Register on April 13, 2007, which proposed revisions to the 

Explosives and Blasting Agents regulation.51 In that notice, OSHA 

proposed a change to the ammonium nitrate storage requirements “to 

clarify that OSHA intends the requirements to apply to ammonium nitrate 

that will be used in the manufacture of explosives.” Although this 

proposed rule was never finalized, the industry representatives told us 

they relied on this statement to mean OSHA did not intend the storage 

requirements to apply to ammonium nitrate fertilizer.

In addition, we reviewed the safety data sheets developed by four U.S. 

producers of solid ammonium nitrate fertilizer and found that only one 

 50 Section 21 of the OSH Act requires OSHA to establish programs to educate and train 

employers and employees in the recognition, avoidance, and prevention of unsafe or 

unhealthful working conditions, and to consult with and advise employers, employees, and 

organizations representing employers and employees as to effective means of preventing 

occupational injuries and illnesses. 29 U.S.C. § 670(c). 

51 Explosives, Part III, 72 Fed. Reg. 18,792 (Apr. 13, 2007).
Page 28 GAO-14-274 Chemical Safety

company’s sheet listed OSHA’s Explosives and Blasting Agents 

regulations as applicable to the storage and handling of ammonium 

nitrate fertilizer.52 An industry representative who assists agricultural 

retailers with regulatory compliance said he reviewed the regulatory 

information sections in his clients’ safety data sheets for ammonium 

nitrate fertilizer and none of them referred to OSHA’s Explosives and 

Blasting Agents regulations. A representative from one national fertilizer 

industry association said it would be helpful if OSHA took additional steps 

to explain its interpretation of the applicable requirements and reach out 

to the fertilizer industry so that affected companies are better informed. A 

representative from another national agricultural industry group 

suggested that OSHA develop and disseminate a compliance assistance 

tool or checklist to ensure that facilities are aware of and in compliance 

with the applicable regulations.

The fertilizer industry is developing a voluntary program called 

Responsible Ag to promote compliance with federal regulations among 

fertilizer facilities. Officials from the Fertilizer Institute and the Agricultural 

Retailers Association told us they plan to consolidate federal regulatory 

requirements for fertilizer retail facilities into one comprehensive checklist 

and provide third party audits to retailers based on a checklist they have 

developed. In addition, officials with the Asmark Institute, a nonprofit 

resource center for agricultural retailers in the United States, said they 

developed their own compliance assessment tool for agricultural retailers. 

The Fertilizer Institute and the Agricultural Retailers Association selected 

the Asmark Institute to develop a database that will include information on 

audit reports and scores from the third party audits. This initiative will be 

modeled after a voluntary audit program in Minnesota for agricultural 

retailers to help them improve compliance with federal and state 

regulations. According to OSHA officials, OSHA has not been involved in 

the development of this industry initiative.

 52 Manufacturers are required to develop safety data sheets for users of their hazardous 

chemical products, including ammonium nitrate fertilizer, under OSHA’s Hazard 

Communication regulations. Although not required by OSHA, safety data sheets typically 

include a regulatory information section.
Page 29 GAO-14-274 Chemical Safety

Although OSHA has a national enforcement program that targets certain 

chemical facilities for inspection, this program does not systematically 

cover facilities with ammonium nitrate. OECD chemical safety guidance 

suggests public authorities periodically inspect the safety performance of 

hazardous facilities. OSHA conducts inspections of worksites, as 

authorized under the OSH Act.53 As part of its enforcement efforts, OSHA 

randomly selects facilities for inspection as part of a national emphasis 

program for chemical facilities it initiated in 2011. However, these 

inspections are for facilities and chemicals covered under its Process 

Safety Management (PSM) regulations, which do not include ammonium 

nitrate. According to OSHA officials, facilities that blend and store 

ammonium nitrate fertilizer fall outside the scope of this national 

emphasis program. When we asked whether OSHA might expand its 

national emphasis program to focus on ammonium nitrate fertilizer 

facilities, officials said that the agency is not planning on targeting these 

facilities, in part because OSHA has no means of identifying them.54

In addition, OSHA is not likely to target facilities with ammonium nitrate 

for inspection because of its limited resources, and because these 

facilities often do not meet OSHA’s current inspection priorities. OSHA 

conducts inspections with its own personnel and the number of 

inspections OSHA and the states can perform each year is limited by the 

size of their inspection workforce. According to OSHA officials, OSHA and 

the states have about 2,200 inspectors who inspected about 1 percent of 

the 8 million covered employers in fiscal year 2012. Among OSHA’s 

highest priorities for inspecting worksites are responding to major 

accidents and employee complaints. In fiscal year 2012, OSHA reported 

that 44 percent of the agency’s inspections were unplanned inspections, 

which include inspections initiated in response to an accident or 

complaint. OSHA also targets certain industries for planned inspections 

that have high rates of workplace injury and illness. For example, OSHA 

reported that 55 percent of OSHA’s planned inspections in fiscal year 

2012 were inspections of worksites in the construction industry.

 53 29 U.S.C. § 657.

54 OSHA officials said the agency considers facilities that are classified as the highest risk 

category in EPA’s RMP database to likely be subject to OSHA’s PSM regulations. OSHA 

estimates that about 8,480 facilities are covered by its PSM regulations. As previously 

stated, although OSHA acquires data on facilities with hazardous chemicals from EPA’s 

RMP database, that database does not include information on facilities with ammonium 

nitrate.

OSHA Has No Program 

for Targeted Inspections of 

Facilities with Ammonium 

Nitrate
Page 30 GAO-14-274 Chemical Safety

OSHA has rarely issued citations for violations of its ammonium nitrate 

storage regulations at fertilizer facilities. OSHA officials told us a citation 

for a violation of the agency’s ammonium nitrate storage regulations was 

issued as the result of an inspection of a fertilizer facility only once before 

the explosion in West, Texas.55 In that case, OSHA inspected a Floridabased fertilizer manufacturer in 1997 in response to a complaint, and 

cited the company for 30 violations, one of which was a violation of its 

ammonium nitrate storage requirements. In addition, according to OSHA 

officials, within the last 5 years, none of the 21 states that operate their 

own safety and health programs have cited any employers for improper 

storage or handling of ammonium nitrate.

Under a provision regularly included in the annual appropriations act, 

OSHA is prohibited from conducting planned safety inspections of small 

employers—those with 10 or fewer employees—in certain low hazard 

industries, as determined by their injury and illness rates.56 Although the 

number of facilities exempted from OSHA inspections under this provision 

is unclear, we found that, of the facilities that reported having ammonium 

 55 In October 2013, OSHA cited the West, Texas facility and proposed penalties of 

$118,300 for violations of its ammonium nitrate storage regulations and other OSHA 

regulations. According to OSHA officials, these citations were contested by the employer 

and were pending before the Occupational Safety and Health Review Commission. OSHA 

last inspected the West, Texas facility in 1985. At that time, OSHA fined the facility $30 for 

violations of its regulations on storage and handling of anhydrous ammonia. Anhydrous 

ammonia is a colorless gas with a pungent, suffocating odor that can be compressed to 

make a liquid fertilizer. Anhydrous ammonia is considered a high health hazard because it 

is corrosive to the skin, eyes, and lungs. Anhydrous ammonia is also flammable and can 

explode under certain conditions.

56 See, for example, Departments of Labor, Health and Human Services, and Education, 

and Related Agencies Appropriations Act, 2012, Pub. L. No. 112-74, div. F, tit. I, 125 Stat. 

786, 1059-60 (2011), which provides that, subject to certain exceptions, no appropriated 

funds shall be used to enforce any regulation under the OSH Act “with respect to any 

employer of 10 or fewer employees who is included within a category having a[n] ... 

occupational injury and illness rate ...less than the [most recent] national average,” as 

published by the Department of Labor’s Bureau of Labor Statistics. The exceptions 

include, among others, inspections for health hazards and unplanned inspections (such as 

those conducted in response to employee complaints or serious accidents). The 

Department of Labor’s Bureau of Labor Statistics estimates workplace injury and illness 

rates by industry using North American Industry Classification System industry codes. To 

identify which industries are subject to OSHA’s enforcement exemption, OSHA 

periodically updates one of its enforcement directives to list the most current North 

American Industry Classification System codes for each industry with an average 

workplace injury and illness rate below the national average.

OSHA Is Prohibited from 

Inspecting Some Facilities 

with Ammonium Nitrate 

That Have 10 or Fewer 

Employees
Page 31 GAO-14-274 Chemical Safety

nitrate to DHS as of August 2013, 60 facilities—about 4 percent of the 

1,345 facilities that reported to DHS— reported having 10 or fewer 

employees and had an industry code with a lower than the average 

workplace injury and illness rate (see table 4).57 As a result, according to 

OSHA officials, this provision could have hindered the agency’s 

enforcement of its ammonium nitrate storage regulations at these 

facilities.

OSHA’s fiscal year 2015 budget request asks Congress to consider 

amending OSHA’s appropriation language to allow the agency to perform 

targeted inspections of small establishments that have the potential for 

catastrophic incidents, such as those with processes covered by OSHA’s 

PSM or EPA’s RMP regulations. In the budget request, OSHA states that 

the current appropriations language limits the agency’s ability to conduct 

inspections, and neither the number of workers in a company nor low 

injury and illness rates is predictive of the potential for catastrophic 

accidents that can damage whole communities.

 57 For ammonium nitrate meeting the definition of ammonium nitrate regulated by the 

Department of Transportation as a Division 1.1 Explosive, facilities are generally required 

to report to DHS if they have 400 pounds or more contained in transportation packaging (if 

not contained in transportation packaging, the threshold is 5,000 pounds or more). For 

ammonium nitrate commonly used as a fertilizer, facilities are generally required to report 

to DHS if they have 2,000 pounds or more contained in transportation packaging. 
Page 32 GAO-14-274 Chemical Safety

Table 4: Number of Facilities Reporting More Than Threshold Amounts of Ammonium Nitrate to DHS That May be Exempt 

from Planned OSHA Safety Inspections Based on Industry Classification and Number of Employees

NAICS industry 

code NAICS industry code description

Number of facilities with this code 

that are potentially exempt from 

programmed inspection based on 

reporting 10 or fewer employees

111140 Wheat Farming 2

111199 All Other Grain Farming 1

115112 Soil Preparation, Planting, and Cultivating 21

213113 Support Activities for Coal Mining 2

213115 Support Activities for Nonmetallic Minerals (except Fuels) 7

238910 Site Preparation Contractors 4

325120 Industrial Gas Manufacturing 4

325311 Nitrogenous Fertilizer Manufacturing 1

423820 Farm and Garden Machinery and Equipment Merchant Wholesalers 2

424690 Other Chemical and Allied Products Merchant Wholesalers 14

482112 Short Line Railroads 1

541380 Testing Laboratories 1

Total 60

Source: GAO review of DHS data reported as of August 2013 and industry codes listed in OSHA’s directive regarding the Enforcement 

Exemptions and Limitations under the Appropriations Act, CPL 02-00-051, changes to Appendix A (effective February 22, 2013).

Note: Facilities are generally required to report to DHS if they have 400 pounds or more of 

ammonium nitrate meeting the definition of ammonium nitrate regulated by the Department of 

Transportation as a Division 1.1 Explosive or 2,000 pounds or more of ammonium nitrate commonly 

used as a fertilizer contained in transportation packaging. Facilities are listed in this table if they (1) 

reported a North American Industry Classification System (NAICS) code to DHS that had a workplace 

injury and illness rate below the national average as of 2011, and (2) reported having 10 or fewer 

employees.

OSHA’s PSM regulations for chemical safety do not cover ammonium 

nitrate.58 In response to a requirement in the Clean Air Act Amendments 

of 1990, OSHA issued its PSM regulations in 1992 to help prevent 

accidents involving highly hazardous chemicals, including toxic, 

flammable, highly reactive, and explosive substances. These regulations 

apply to processes involving listed chemicals in amounts at or above 

threshold quantities. Employers subject to the PSM regulations are 

required to take specified steps, which include evaluating the hazards 

 58 29 C.F.R. § 1910.119. OSHA’s list of highly hazardous chemicals is found at 29 C.F.R. 

§ 1910.119, app. A. 

Other OSHA and EPA 

Chemical Safety 

Regulations Do Not Apply 

to Facilities with 

Ammonium Nitrate
Page 33 GAO-14-274 Chemical Safety

associated with the process, as well as developing and implementing 

operating procedures, employee training, emergency action plans, and 

compliance audits at least every 3 years, among other requirements.59

Despite the hazards of ammonium nitrate, this chemical is not listed as 

one of the chemicals subject to these regulations. OSHA officials told us 

they did not know why ammonium nitrate was not included when the 

regulation was first issued.60 According to the August 2013 chemical 

advisory, although ammonium nitrate is not covered by the PSM 

regulations, the production or use of ammonium nitrate may involve PSMlisted chemicals, and the manufacture of explosives, which may involve 

ammonium nitrate, is covered by the regulations. In the late 1990s, OSHA 

staff drafted a proposal for expanding PSM regulations to cover 

ammonium nitrate and other reactive chemicals, but it was not reviewed 

by agency policy officials and was never published in the Federal 

Register for public comment.61

In addition, retail facilities, which may include facilities that store and 

blend fertilizer for direct sale to end users, are exempt from OSHA’s PSM 

regulations. In the preamble to the final rule for the PSM regulations, 

OSHA stated that retailers are not likely to store large quantities of 

hazardous chemicals, and that a large chemical release would be 

unlikely. While the facility in West, Texas stored large quantities of 

anhydrous ammonia, a chemical covered by the PSM regulations, OSHA 

 59 A process means any activity involving a highly hazardous chemical including any use, 

storage, manufacturing, handling, or the on-site movement of such chemicals, or a 

combination of these activities. 

60 According to OSHA officials, ammonium nitrate met the criteria the agency used to 

develop the list of chemicals subject to the PSM regulations, but ammonium nitrate was 

not included in the final regulations and the agency could not find documentation that 

would explain why. The preamble to the PSM final rule states that the agency decided to 

include substances with the two highest or most dangerous reactivity ratings from NFPA’s 

Hazardous Chemicals Data document 49 (substances rated 3 or 4 by NFPA). Process 

Safety Management of Highly Hazardous Chemicals; Explosives and Blasting Agents, 57 

Fed. Reg. 6356, 6364 (Feb. 24, 1992). Ammonium nitrate has a reactivity rating of 3 from 

NFPA, but was not included in the list of chemicals subject to the PSM requirements in the 

final rule.

61 A description of proposed plans to amend the PSM regulations to expand the chemicals 

covered appeared on OSHA’s spring 1997 regulatory agenda and was removed as of the 

fall 2001 agenda. OSHA commissioned a study that was completed in 2000 by CONSAD 

Research Corporation, which included a preliminary chemical and industry profile and an 

economic analysis of the impacts of adding reactive chemicals to the scope of the PSM 

regulations, including ammonium nitrate.
Page 34 GAO-14-274 Chemical Safety

officials told us that the PSM regulations would not apply to the facility 

because it was a retail outlet.

In addition, other chemical safety regulations issued by EPA do not apply 

to facilities with ammonium nitrate.62 EPA’s RMP regulations, issued in 

1996 in response to a provision of the Clean Air Act Amendments of 

1990, require covered chemical facilities to develop and implement a risk 

management program, but ammonium nitrate is not included on the list of 

chemicals that would trigger the requirements.63 EPA’s RMP regulations 

require facilities that handle more than threshold amounts of certain 

chemicals to implement a risk management program to guard against the 

release of chemicals into the air and surrounding environment. Covered 

facilities must develop their own risk management plans, and some 

facilities must also develop an emergency response program and conduct 

compliance audits, among other requirements. Covered facilities must 

also submit their risk management plans to EPA, including data on the 

regulated substances handled, and prepare a plan for a worst-case 

chemical release scenario.

Although EPA initially included high explosives in its list of regulated 

substances, which would include explosives grade ammonium nitrate, 

these explosives were subsequently removed from the list as a result of a 

legal settlement.64 EPA officials also told us that fertilizer grade 

ammonium nitrate was not considered for its list for RMP because the 

agency had determined that it did not meet the criteria EPA established to 

implement the statute. Specifically, EPA officials told us that ammonium 

 62 According to Chemical Safety Board officials, in 2002, the CSB recommended that 

OSHA and EPA expand the PSM and RMP regulations to include reactive chemicals.

Ammonium nitrate is considered a reactive chemical. For more information, see U.S. 

Chemical Safety and Hazard Investigation Board, Hazard Investigation: Improving 

Reactive Hazard Management, Report No. 2001-01-H (Washington D.C.: October 2002).

63 40 C.F.R. pt. 68. EPA’s list of regulated toxic and flammable substances is found at 40 

C.F.R. § 68.130. 

64 As part of settlement agreements resolving legal challenges to EPA’s list by members 

of the explosives industry, EPA agreed to propose de-listing high explosives and the 

industry members agreed to develop and implement certain safety practices and to 

dismiss their legal challenge if the agency finalized the de-listing. EPA concluded that 

existing regulations and these industry practices were adequate to protect the public and 

finalized the de-listing. The industry members withdrew their legal challenge. List of 

Regulated Substances and Thresholds for Accidental Release Prevention; Amendments, 

63 Fed. Reg. 640, 641 (Jan. 6, 1998).
Page 35 GAO-14-274 Chemical Safety

nitrate could have been included in the RMP regulations, but ammonium 

nitrate was not included because it was not considered a toxic or 

flammable chemical, which were among the criteria EPA used when the 

agency first developed the regulations. 65 Accordingly, ammonium nitrate 

is not a covered chemical and EPA inspectors do not review facilities’ risk 

management plans for this chemical during their RMP inspections. In 

2006, EPA conducted an on-site inspection of the West, Texas facility, 

but the inspection focused on anhydrous ammonia, not ammonium 

nitrate.

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. Because they are still evaluating these options, the 

agencies have not issued any notices of proposed rulemaking. As 

directed by the Executive Order, in December 2013, OSHA issued a 

Request for Information on potential revisions to its PSM and related 

regulations, including its ammonium nitrate storage regulations.66 OSHA’s 

Request for Information also seeks public input on changing the agency’s 

enforcement policy concerning the retailer exemption in the PSM 

regulations. In the Request for Information, OSHA states that “The West 

Fertilizer facility is not currently covered by PSM, however it is a stark 

example of how potential modernization of the PSM standard may include 

such facilities and prevent future catastrophe.” In addition, as chair of one 

of the workgroups established to implement the Executive Order, OSHA 

solicited public input in January 2014 on federal policy options for 

improved chemical safety and security, including whether to expand 

OSHA’s PSM regulations and EPA’s RMP regulations to cover 

ammonium nitrate, among other options.67 This solicitation also sought 

 65 When it established its list of regulated substances, EPA included substances that met 

specified criteria for toxic, flammable, and explosive substances. For explosives, EPA 

selected substances that were given a certain explosive classification by the Department 

of Transportation. List of Regulated Substances and Thresholds for Accidental Release 

Prevention, 59 Fed. Reg. 4478 (Jan. 31, 1994). The Department of Transportation does 

not classify ammonium nitrate fertilizer as an explosive. 49 C.F.R. § 172.101.

66 Process Safety Management and Prevention of Major Chemical Accidents, 78 Fed. 

Reg. 73,756 (Dec. 9, 2013).

67 These policy options have been published to OSHA’s website and public comments 

may be obtained through the website www.regulations.gov.

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
Page 36 GAO-14-274 Chemical Safety

public input on whether federal agencies should examine the use of third 

party audits to promote safe storage and handling of ammonium nitrate. 

The solicitation defined third party audits as inspections conducted by 

independent auditors, retained by a chemical facility, who make process 

safety and regulatory compliance recommendations.68 In an ongoing pilot 

project in selected states implemented in response to the Executive 

Order, federal agencies report improved coordination of inspections, such 

as sharing inspection schedules, cross‐training inspectors, and 

inter‐agency referrals of possible regulatory non‐compliance.

 68 In December 2012, the Administrative Conference of the United States, an independent 

federal agency dedicated to improving the regulatory process, published a 

recommendation on agency use of third-party programs to assess regulatory compliance. 

The recommendation refers to existing third-party inspection programs in which regulated 

entities generally contract with and pay third parties to carry out activities such as facility 

inspections. Regulatory agencies then adopt new roles in coordinating and overseeing 

these third parties. The Administrative Conference of the United States recommended that 

federal agencies consider various factors, such as resources and incentives to participate 

in a third-party inspection program, when deciding whether or not to develop such a 

program. It also acknowledges that certain statutory or other legal restrictions may 

preclude an agency from using third parties to conduct inspections and other compliance 

assistance activities. Adoption of Recommendations, 78 Fed. Reg. 2939, 2941-43 (Jan. 

15, 2013).

Some Countries 

Regulate and 

Oversee Ammonium 

Nitrate By Imposing 

Requirements on 

Facilities, Conducting 

Inspections, and 

Supporting Industry 

Initiatives to Promote 

Compliance
Page 37 GAO-14-274 Chemical Safety

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.69 Like the United States, these countries are members of the 

OECD, which has published best practices for managing the risks of 

chemical accidents. 70 The OECD publication includes guidance on 

preventing and mitigating the consequences of chemical accidents, 

preparedness planning, and land use planning, among other things.71 For 

example, OECD’s guidance recommends that regulatory authorities 

ensure that facilities with hazardous substances assess the range of 

possible accidents and require hazardous facilities to submit reports 

describing the hazards and the steps taken to prevent accidents.

With respect to assessing the risks of ammonium nitrate, according to 

Canadian officials and Canadian government documents, ammonium 

nitrate is regulated under the country’s Environmental Emergency 

Regulations, which include risk management provisions. 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.72 In 

developing an emergency plan, facilities are directed to analyze the risks 

posed during the storage and handling processes for certain chemicals 

and adopt practices to reduce the risks, taking into consideration the 

impact a chemical accident would have on the surrounding community.

According to information provided by EU officials, facilities in the 28 

member countries of the EU with specific quantities of ammonium nitrate 

 69 We did not conduct an independent legal analysis to verify the information provided 

about the laws, regulations, or policies of the foreign countries selected for this study.

70 The OECD is an intergovernmental organization in which representatives meet to 

coordinate and harmonize policies, discuss issues of mutual interest, and respond to 

international concerns. Currently, there are 34 member countries.

71 OECD Guiding Principles for Chemical Accident Prevention, Preparedness and 

Response: Guidance for Industry (including Management and Labour), Public Authorities, 

Communities, and other Stakeholders (OECD 2003).

72 This includes mixtures that are 60 percent ammonium nitrate by weight and that are in 

solid form and mixtures that are 81 percent ammonium nitrate by weight and that are in 

liquid form.

Other Countries’

Approaches Include Risk 

Assessments and 

Restrictions on Where and 

How Ammonium Nitrate 

Can Be Stored
Page 38 GAO-14-274 Chemical Safety

fertilizer are subject to the Seveso Directive, the EU legislation for 

facilities that use or store large quantities of certain toxic, explosive, and 

flammable substances, among other types of chemicals. 73 At a minimum, 

EU officials told us that EU member countries must comply with the 

Seveso Directive, although they have the option to adopt more stringent 

requirements. The legislation was adopted after a chemical accident in 

Seveso, Italy in 1976 that exposed thousands of people to the toxic 

chemical known as dioxin. Under the Seveso Directive, last updated in 

2012, member countries are to require facilities with large amounts of 

ammonium nitrate fertilizer to notify the appropriate authority in their 

respective country, adopt a major accident prevention policy, and in some 

cases, develop a detailed safety report (see table 5).74

 73 Currently, the Seveso Directive specifically covers four different types of ammonium 

nitrate, and reporting requirements for facilities vary depending on the quantity of 

ammonium nitrate they hold. The four types of ammonium nitrate covered are described in 

the Seveso Directive as: (1) ammonium nitrate fertilizers capable of self-sustaining 

decomposition, (2) fertilizer grade ammonium nitrate, (3) technical grade ammonium 

nitrate, and (4) “off-specs” material and fertilizers not fulfilling the detonation test. 

Threshold quantities vary depending on the type of ammonium nitrate. Fertilizer grade 

ammonium nitrate is defined in the Seveso Directive as straight ammonium nitrate-based 

fertilizers and ammonium nitrate-based compound/composite fertilizers that contain 

certain percentages of nitrogen from ammonium nitrate by weight. For more specific 

information, see Annex I of Directive 2012/18/EU of the European Parliament and of the 

Council on the Control of Major-Accident Hazards Involving Dangerous Substances, 

Amending and Subsequently Repealing Council Directive 96/82/EC (July 4, 2012). For 

purposes of this report, we focus on examples involving fertilizer grade ammonium nitrate.

74 According to information provided by EU officials, the EU began regulating ammonium 

nitrate fertilizer in 1982. Subsequent to the adoption of the original Seveso Directive in 

1982, there have been two replacement directives. Seveso II was adopted in 1996 and 

introduced requirements related to emergency planning and land use planning, among 

other revisions. Seveso II was amended in 2003 and changes were made to the 

descriptions of the ammonium nitrate categories and thresholds modifying the criteria for 

which facilities are covered under the Directive, among other changes. These changes 

were made based on an analysis of findings from the 2001 accident in Toulouse, France. 

Seveso III was adopted on July 4, 2012 and entered into force on August 13, 2012. EU 

member countries have until June 1, 2015 to implement the Seveso III Directive. 

Revisions include stricter standards for inspections to ensure more effective enforcement, 

and stricter requirements for providing information to the public, particularly those likely to 

be affected by a major accident, among other changes. This information was provided 

and/or reviewed by EU officials, for more details, see European Union, Directive 

2012/18/EU of the European Parliament and of the Council on the Control of MajorAccident Hazards Involving Dangerous Substances, Amending and Subsequently 

Repealing Council Directive 96/82/EC (July 4, 2012).
Page 39 GAO-14-274 Chemical Safety

Table 5: Selected Key Requirements and Corresponding Threshold Quantities in the European Union’s Seveso III Directive for 

Facilities with Fertilizer Grade Ammonium Nitrate

Summary of directive requirement Threshold quantity (in tons)

Notification

Facilities are required to notify the appropriate authority in their country by submitting the names 

and quantities of chemicals present, activities performed, and details about neighboring 

establishments, including areas likely to increase the risk or consequences of a major accident. 1,378

Major accident prevention policy

Facilities are required to document how they plan to prevent accidents and protect human health 

and the environment, including identifying and evaluating major hazards and planning for 

emergencies, among other activities, and submit the document to the appropriate authority in their 

country. 1,378

Safety report

Facilities are required to produce a safety report demonstrating that major accident hazards and 

scenarios have been indentified and that measures have been taken to prevent such accidents, 

and send the report to the appropriate authority in their country. 5,512

Source: The Seveso III Directive and information provided by EU officials.

Note: The Seveso III Directive was adopted on July 4, 2012 and entered into force on August 13, 

2012. EU member countries have until June 1, 2015 to implement the Seveso III Directive.

Some countries, such as France and the United Kingdom, have other 

requirements for notifying authorities about the types and quantities of 

chemicals at facilities, including certain types of ammonium nitrate. In the 

United Kingdom, officials told us that facilities with 28 tons or more of 

certain types of ammonium nitrate must notify the Health and Safety 

Executive or local authority and the fire authorities.75 French officials said 

that facilities with more than 276 tons of ammonium nitrate fertilizer must 

notify local authorities about their holdings.76

 75 According to United Kingdom officials we interviewed, these requirements apply to 

grades of ammonium nitrate that are classified as oxidizers. The relevant regulations that 

require facilities to notify authorities are The Dangerous Substances (Notification and 

Marking of Sites) Regulations 1990. These regulations are primarily intended to alert fire 

authorities to any special firefighting hazards likely to exist at facilities. The Health and 

Safety Executive is a non-departmental United Kingdom government body.

76 More specifically, according to officials, facilities with more than 276 tons but less than 

551 tons of ammonium nitrate fertilizer that is more than 28 percent nitrogen from 

ammonium nitrate by weight and complies with EU standards, including passing a 

detonation resistance test, are required to notify local authorities. According to a French 

official, facilities with 11 tons or more of “off-spec” ammonium nitrate that does not comply 

with certain EU standards are classified as Seveso facilities.
Page 40 GAO-14-274 Chemical Safety

The selected countries we reviewed generally reported having more 

centralized land use policies that specify where facilities with large 

quantities of ammonium nitrate should be located. For example, EU 

officials explained that the Seveso Directive requires member countries to 

develop and implement land use policies. Through controls on the siting 

of new Seveso facilities and new developments in the vicinity of such 

facilities, such as transportation routes and residential areas, they told us, 

member countries’ policies aim to limit the consequences of chemical 

accidents for human health and the environment. In the United Kingdom, 

officials told us that facilities intending to store more than 1,102 tons of 

ammonium nitrate must first receive permission from their local planning 

authority to do so for relevant ammonium nitrate materials. They 

explained that these local planning authorities consider the hazards and 

risks to people in surrounding areas and consult with the Health and 

Safety Executive prior to granting permission to such facilities.

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. EU officials told us that the Seveso Directive does not prescribe 

how chemicals, including ammonium nitrate, should be stored. EU 

countries have developed their own technical standards or rely on 

industry standards for storing and handling ammonium nitrate. For 

example, according to information provided by French officials, after 

several accidents involving ammonium nitrate fertilizer, the government in 

France launched a working group to update existing ammonium nitrate 

regulations, including storage and handling requirements. They described 

the most recent regulations in France, issued in 2010, which include 

updated fire resistance provisions for new and existing facilities banning 

or restricting the use of materials such as wood and asphalt flooring for 

storing ammonium nitrate. Specifically, according to documents provided 

by French officials, the regulations direct facilities not to store ammonium 

nitrate fertilizer in structures with wood walls or sides.77 According to an 

official in Germany, strict storage requirements for using certain types of 

ammonium nitrate fertilizer have led many farmers to voluntarily use an 

 77 In this example, ammonium nitrate fertilizer refers to solid straight and compound 

fertilizers with specific percentages of nitrogen from ammonium nitrate by weight. 
Page 41 GAO-14-274 Chemical Safety

alternative type of fertilizer, known as calcium ammonium nitrate.78,

79 For 

example, she explained that, in Germany, certain kinds of ammonium 

nitrate must be divided into quantities of 28 tons prior to storage, and 

quantities are separated by concrete walls. In addition, certain ammonium 

nitrate and ammonium nitrate-based preparations must be separated 

from combustible materials, for example by brick or concrete walls. 

Guidance in the United Kingdom also recommends that buildings for 

storing ammonium nitrate should be constructed of material that does not 

burn, such as concrete, bricks, or steel, as does the recent advisory in the 

United States published by OSHA, EPA, and ATF.

Guidance on Safe Practices. In the countries we reviewed, government 

entities developed materials to help facilities with ammonium nitrate 

fertilizer comply with safety regulations.80 For example, in the United 

Kingdom, the government published guidance on storing and handling 

ammonium nitrate that illustrates proper storage practices and is written 

in plain language. The United Kingdom also developed a checklist that 

facilities can use as a compliance tool to determine whether they are 

meeting safe storage requirements. In Canada, Environment Canada 

issued a guidance document in 2011 so that facilities covered by its 

Environmental Emergency Regulations, including facilities with certain 

types and amounts of ammonium nitrate, can better understand and 

comply with regulatory requirements.

 78 The German official told us that German regulations apply to the storage, filling, and inhouse transport of ammonium nitrate and ammonium nitrate-based preparations. In 

Germany, ammonium nitrate and ammonium nitrate-based preparations are classified into 

five groups based on their hazardous properties. For more information, see Germany’s 

Hazardous Substances Ordinance, Federal Institute for Occupational Safety and Health, 

last amended July 15, 2013.

79 According to an official we interviewed from an international fertilizer association, using 

calcium ammonium nitrate, which is a mixture of ammonium nitrate with limestone and/or 

dolomite, entails some incremental cost associated with the additional weight of the 

material added to the ammonium nitrate. According to a German official, under normal 

storage conditions, calcium ammonium nitrate fulfilling certain requirements is considered 

a safer fertilizer than straight ammonium nitrate fertilizer in terms of preventing accidental 

detonation, and large protection distances are used for straight ammonium nitrate fertilizer 

in case of accidental detonation. However, calcium ammonium nitrate fertilizer can still be 

used to make weapons, such as improvised explosive devices.

80 OECD’s Guiding Principles for Chemical Accident Prevention, Preparedness and 

Response directs public authorities to provide facilities with clear, easy to understand 

guidance on how regulatory requirements can be met.

Foreign Oversight 

Approaches and Industry 

Initiatives Include 

Guidance on Safe 

Practices, Requirements 

for Routine Inspections, 

and Voluntary Third Party 

Audit Programs
Page 42 GAO-14-274 Chemical Safety

The EU compiles information about chemical accidents and disseminates 

publications that include guidance on how facilities can prevent future 

incidents. Specifically, the EU has a system for reporting major accidents, 

including accidents involving ammonium nitrate, and tracks the 

information in a central database.

81 For example, as of January 2014, this 

database contained information on several incidents involving ammonium 

nitrate dating back to 1986. EU researchers use this information to 

develop semi-annual publications in order to facilitate the exchange of 

lessons learned from accidents for both industry and government 

regulators. Each publication focuses on a particular theme such as a 

specific substance, industry, or practice, and summarizes the causes of 

related accidents and lessons learned to help prevent future accidents. 

EU officials told us that the next publication will be issued in the summer 

of 2014 and will focus on the hazards of ammonium nitrate in part as a 

result of the explosion that occurred in West, Texas.

Routine Inspections. In the EU, member countries are required to inspect 

facilities with large quantities of chemicals covered by the Seveso 

Directive, which includes facilities with ammonium nitrate.82 According to 

EU officials and documents, the EU’s Seveso Directive requires covered 

facilities to be inspected either annually or once every 3 years, depending 

on the amount of hazardous chemicals a facility has—the greater the 

amount, the more frequent the inspection. EU officials also explained that 

member countries are required to report information to the European 

Commission every 3 years on how they are implementing the Seveso 

Directive requirements, including the number of facilities that have been 

inspected in their country.83 According to a report published by the 

European Commission in June 2013, member countries reported in 

December 2011 that they had 10,314 covered facilities. According to the 

report, of those facilities to be inspected annually, 66 percent were 

 81 For more information, see the European Commission’s Major Accident Reporting 

System https://emars.jrc.ec.europa.eu/.

82 OECD’s Guiding Principles for Chemical Accident Prevention, Preparedness and 

Response directs public authorities to ensure safety requirements are met through 

appropriate inspection and enforcement measures, such as periodically inspecting safety 

performance in hazardous facilities.

83 Under the new Seveso III Directive, member countries are required to report information 

to the European Commission every 4 years.
Page 43 GAO-14-274 Chemical Safety

inspected, on average, in 2011, and of those facilities to be inspected 

once every 3 years, 43 percent were inspected, on average, in 2011.84

Voluntary Initiatives and Third Party Audits. In the countries we reviewed, 

the fertilizer industry has actively promoted voluntary compliance with 

national safety requirements among facilities with ammonium nitrate 

fertilizer. For example, Fertilizers Europe, which represents the major 

fertilizer manufacturers in Europe, published guidance in 2007 for the 

storage and handling of ammonium nitrate-based fertilizers. This 

guidance recommends that buildings used to store ammonium nitratebased fertilizers be constructed of non-readily combustible materials such 

as brick, concrete, or steel and that wood or other combustible materials 

be avoided, among other things.85 Fertilizers Europe has also developed 

a compliance program that is a key requirement for membership, which 

consists of independent third party audits. As part of the program, it 

developed a self assessment tool for fertilizer manufacturers to use to 

identify gaps and possible improvements.

In the United Kingdom, the government and the fertilizer industry worked 

together in 2006 to develop a voluntary compliance program for facilities 

that manufacture and store fertilizers, among other activities, including 

ammonium nitrate-based fertilizers. 86 According to a United Kingdom 

official, the government provided some of the initial funding for this 

initiative, and the voluntary compliance program is now self financed. 

Although the program was initially focused on fertilizer security, it has 

evolved over the years to also address fertilizer safety in the United 

Kingdom. As part of the voluntary compliance program, participating 

facilities carry out risk assessments. These facilities are audited annually 

by an independent audit team comprised of specialists to determine 

whether they comply with industry and government standards, including 

standards for safely storing and handling ammonium nitrate fertilizer. 

 84 These facilities are not just facilities with ammonium nitrate, but include facilities with 

more than threshold amounts of all of the chemicals covered by Seveso. For more 

information see European Commission, Report on the Application in the Member States of 

Directive 96/82/EC on the control of major-accident hazards involving dangerous 

substances for the period 2009-2011 (Brussels, June 2, 2013).

85 European Fertilizer Manufacturers’ Association, Guidance for the Storage, Handling 

and Transportation of Solid Mineral Fertilizers (April 2007).

86 The voluntary compliance program in the United Kingdom is known as the Fertilizer 

Industry Assurance Scheme.
Page 44 GAO-14-274 Chemical Safety

Officials we interviewed in the United Kingdom told us that the 

government encourages and supports this industry initiative and that 

about 90 percent of facilities with ammonium nitrate in the United 

Kingdom, including those that have small quantities, are members of the 

voluntary program.87 A United Kingdom official said, in his opinion, one 

would expect facilities participating in this industry initiative to be more 

likely to be found in compliance by the government when it conducts its 

own inspections. Furthermore, government officials, industry 

representatives, and program administrators meet twice a year to discuss 

how the program is being implemented and monitored.

Large quantities of ammonium nitrate are present in the United States, 

although the precise number of facilities with ammonium nitrate is not 

known. While incidents involving ammonium nitrate are rare, this 

chemical can react in ways that harm significant numbers of people and 

devastate communities. Facilities may be required, in certain 

circumstances, to report their chemical holdings to federal, state, and 

local authorities for security and emergency planning purposes. However, 

given the various reporting requirements and numerous reporting 

exemptions, some facilities may be uncertain about what to report to 

whom. Through the new Executive Order, federal agencies including 

DHS, EPA, and OSHA have the opportunity to work together on data 

sharing initiatives to help identify facilities with ammonium nitrate fertilizer. 

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. Without improved

coordination among the various federal and state agencies that collect 

data on facilities that store potentially hazardous chemicals, identifying 

facilities with ammonium nitrate for purposes of increasing awareness of 

the hazards and improving regulatory compliance will remain a challenge.

Although OSHA has requirements for storing ammonium nitrate fertilizer 

in its Explosives and Blasting Agents regulations that could reduce the 

likelihood of an explosion, OSHA has done little to ensure that the 

fertilizer industry, which is one of the primary users of ammonium nitrate, 

understands how to comply with its existing regulations. The August 2013 

 87 The voluntary program in the United Kingdom does not apply to end users, such as 

farms.

Conclusions
Page 45 GAO-14-274 Chemical Safety

chemical advisory and OSHA’s February 2014 letter to facilities help 

clarify how OSHA’s Explosives and Blasting Agents regulations apply to 

fertilizer facilities. However, without additional action by OSHA to promote 

awareness of how to comply with its regulations, fertilizer facilities may 

not know whether their practices are in compliance with OSHA’s existing 

ammonium nitrate storage regulations or if changes need to be made. 

Moreover, unless OSHA takes steps to leverage additional resources to 

support its enforcement efforts, whether through enhanced targeting or 

coordination with other agencies or outside parties, beginning with 

encouraging voluntary compliance with ammonium nitrate regulations 

through various industry initiatives, it will not know the extent to which 

dangerous conditions at some facilities may continue to exist.

While much can be achieved under current regulations, OSHA and EPA’s 

regulations contain gaps with respect to ammonium nitrate that may allow 

unsafe facilities to operate and poor planning to persist. OSHA has not 

significantly changed its ammonium nitrate storage regulations since they 

were issued in 1971, which means that fertilizer facilities may be adhering 

to outdated practices. For example, other countries we reviewed have 

revisited and updated their ammonium nitrate regulations and the 

National Fire Protection Association is considering making changes to its 

ammonium nitrate storage standards as a result of the explosion in West, 

Texas. In addition, as a result of incidents involving ammonium nitrate 

abroad, countries in the European Union and Canada require facilities to 

assess the risks of working with ammonium nitrate fertilizer, and the 

European Union requires member countries to routinely inspect facilities 

that have very large quantities of it. These approaches offer examples of 

how the risks of ammonium nitrate can be managed. Although increased 

regulation may be more burdensome to industry, without some means of 

ensuring that high risk facilities plan for and manage the risks associated 

with ammonium nitrate, such facilities may not be prompted to adequately 

address the risks the chemical creates for workers and neighboring 

communities.

1. 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.

Recommendations for 

Executive Action
Page 46 GAO-14-274 Chemical Safety

2. We also recommend that the Secretary of Labor direct the Assistant 

Secretary for Occupational Safety and Health to take the following 

three actions:

• Extend OSHA’s outreach to the fertilizer industry. For example, 

OSHA could work with the fertilizer industry to develop and 

disseminate informational materials related to storage of 

ammonium nitrate.

• Take steps to identify high risk facilities working with ammonium 

nitrate and develop options to target them for inspection.

• Consider updating regulations for the storage of ammonium nitrate 

taking into consideration, as appropriate, other related standards 

and current practices.

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.

We provided a draft of this report to the Administrator of EPA, the 

Secretary of Homeland Security, and the Secretary of Labor for review 

and comment. We received written comments from EPA, DHS, and 

OSHA, which are reproduced in appendices I, II, and III. EPA, DHS, and 

OSHA agreed with our recommendation that the agencies improve data 

sharing and described their current efforts to address this issue as part of 

their implementation of the Executive Order on Improving Chemical 

Facility Safety and Security. The agencies stated that a status report by 

the Executive Order Working Group, which will be submitted to the 

President by the end of May, 2014, will include proposals for enhancing 

data sharing among federal agencies and with states. 

OSHA agreed with our recommendation that the agency conduct 

additional outreach to the fertilizer industry, stating that additional 

outreach efforts will be identified in the Executive Order status report and 

that these efforts should help the fertilizer industry understand OSHA’s 

safety requirements and industry best practices. OSHA also agreed with 

our recommendation that the agency target high risk facilities for 

inspection, stating that the agency is evaluating options for targeting high 

risk fertilizer facilities for inspection.

Agency Comments 

and Our Evaluation
Page 47 GAO-14-274 Chemical Safety

OSHA and EPA agreed with our recommendation that the agencies 

consider revising their regulations to cover ammonium nitrate. OSHA is 

currently reviewing public comments submitted in response to a Request 

for Information on a proposed revision to the agency’s Process Safety 

Management and Prevention of Major Chemical Accidents regulations 

and the a request for public input on issues associated with Section 6 of 

the Executive Order, which addresses Policy, Regulation, and Standards 

Modernization. EPA stated that the agency will be publishing a Request 

for Information seeking public input on its proposed revision to process 

safety and risk management issues relevant to its Risk Management 

Program regulations, including coverage of ammonium nitrate. In 

addition, EPA, DHS, and OSHA provided technical comments, which we 

have incorporated as appropriate. We also provided portions of the draft 

report related to each of the four countries we reviewed to relevant 

officials from each country, and incorporated their technical comments, as 

appropriate.

As agreed with your offices, unless you publicly announce the contents of 

this report earlier, we plan no further distribution until 30 days from the 

report date. At that time, we will send copies to the appropriate 

congressional committees, the Administrator of EPA, the Secretary of 

Homeland Security, the Secretary of Labor, and other interested parties. 

In addition, the report will be available at no charge on the GAO website 

at http://www.gao.gov.

If you or your staffs have any questions concerning this report, please 

contact me at (202) 512-7215 or moranr@gao.gov. Contact points for our 

Offices of Congressional Relations and Public Affairs may be found on 

the last page of this report. Key contributors to this report are listed in 

appendix IV.

Revae Moran, Director

Education, Workforce, and Income Security Issues
Appendix I: Comments from the Environmental 

Protection Agency

Page 48 GAO-14-274 Chemical Safety

Appendix I: Comments from the

Environmental Protection Agency
Appendix I: Comments from the Environmental 

Protection Agency

Page 49 GAO-14-274 Chemical Safety
Appendix II: Comments from the Department 

of Homeland Security

Page 50 GAO-14-274 Chemical Safety

Appendix II: Comments from the Department 

of Homeland Security
Appendix II: Comments from the Department

of Homeland Security

Page 51 GAO-14-274 Chemical Safety
Appendix III: Comments from the Department 

of Labor

Page 52 GAO-14-274 Chemical Safety

Appendix III: Comments from the 

Department of Labor
Appendix III: Comments from the Department 

of Labor

Page 53 GAO-14-274 Chemical Safety
Appendix IV: GAO Contact and Staff 

Acknowledgments

Page 54 GAO-14-274 Chemical Safety

Revae Moran, Director, (202) 512-7215 or moranr@gao.gov

In addition to the contact named above, Betty Ward-Zukerman, Assistant 

Director; Catherine Roark, Analyst in Charge, Theodore Alexander, 

Nancy Cosentino, Joel Marus, and Meredith Moore, made significant 

contributions to all phases of the work. Also contributing to this report 

were Hiwotte Amare, Jason Bair, James Bennett, Susan Bernstein, 

Stephen Caldwell, Sarah Cornetto, Charles Johnson, Jr., Kathy Leslie, 

Ashley McCall, Sheila McCoy, Jean McSween, John Mortin, Vincent 

Price, Stephen Sanford, Sushil Sharma, Linda Siegel, Maria Stattel, and 

Kathleen van Gelder.

Appendix IV: GAO Contact and Staff 

Acknowledgments

GAO Contact

Staff 

Acknowledgments

(131261)
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