Summary of DHS Meeting with Members of the Mining Industry

Concerning the Ammonium Nitrate Security Program Proposed Rule

Docket No. DHS-2008-0076; RIN 1601-AA52

Notice of Proposed Rulemaking Available at 77 FR 46908 (August 3, 2011)

DATE: February 15, 2012

TIME: 12:00 – 1:15PM

LOCATION: DHS offices, Arlington, VA

SUBJECT: Meeting with representatives of the mining industry

ATTENDEES:

Attendee: Affiliation:

Dave Beerbower Peabody Energy

Tawny Bridgeford National Mining Association

Carl Byrd Dyno Nobel, Inc

Tom Goodell Resolution Copper

Bob Green Cloud Peak Energy

Paul Kavinoky Rio Tinto

Chris Lilley Kennecott

Tim McCreary Thunder Basin Coal

Phil Melick Southwest Energy LLC

Roger Osmun Southwest Energy LLC

Steve Roberts Freeport-McMoRan

Steve Salter Dyno Nobel, Inc

Michael Smith Newmont Mining

Greg Tholen Dyno Nobel, Inc

Ralph Colleli DHS/OGC

Tom Colley DHS/ISCD

Brad Huntsman DHS/ISCD

Jon MacLaren DHS/ISCD

Dave Wulf DHS/ISCD

Julie Barsic DHS/ISCD (contractor)

Dorothy Kellogg DHS/ISCD (contractor)

SUMMARY OF MEETING

Mr. MacLaren, of the Department of Homeland Security (DHS) Infrastructure Security 

Compliance Division (ISCD), gave a brief introduction and welcome to the attendees. He and 
Mr. Colleli of the DHS Office of the General Counsel explained that, for DHS, the meeting 

would be a listening session only and that DHS would not be taking questions on the substance 

of the rule from the attendees. He also stated that DHS was considering all of the public 

comments it had received on the Ammonium Nitrate Security Program proposed rule and would 

not discuss those comments or the Department’s position on the proposed rule. They also 

explained that DHS would prepare a written summary of the meeting, and would place it in the 

public docket for the proposed rulemaking.

Ms. Bridgeford of the National Mining Association (NMA) explained that NMA requested the 

meeting to provide DHS with more factual information on how the mining industry handles 

ammonium nitrate and Ammonium Nitrate/Fuel Oil (ANFO) explosives. 

Representatives of seven mining companies (Dyno Nobel, Cloud Peak Energy, Peabody Energy, 

Arch Coal, Freeport-McMoRan, Kennecott, and Newmont) then described the security 

procedures their companies employ to secure ammonium nitrate, ANFO and ammonium nitrate 

containing explosive emulsions from purchase through transport, storage, and to actual use. 

Several industry representatives reiterated comments they submitted during the public comment 

period, to the effect that they thought the proposed rule could:

• disrupt the ammonium nitrate supply chain and availability of ammonium nitrate and 

ANFO;

• delay intra-company transfers between mining facilities/locations;

• duplicate existing Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and 

United States Department of Transportation (DOT) background check requirements; and

• impose significant burden and costs while producing little if any increased security in the 

mining industry.

The mining industry representatives also reiterated their support for Option 2 as described in the 

proposed rule (i.e., to exempt ammonium nitrate purchases, sales or transfers solely to enable use 

of ammonium nitrate in production of explosives). 

The meeting ended with Mr. Wulf of DHS thanking the participants for their statements and the 

factual information they provided.