Home Indiana Agriculture News Court Strikes Down Tighter Anhydrous Ammonia Restrictions

Court Strikes Down Tighter Anhydrous Ammonia Restrictions

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The Ag Retailers Association says Friday’s court decision to strike down tighter anhydrous ammonia restrictions will save U.S. retailers an estimated $100 million in compliance costs. A U.S. appeals court ruled against the Occupational Safety and Health Administration, OSHA, because the Administration violated the Occupational Safety and Health Act. Last year, OSHA issued a memo redefining the retail facility exemption to the Process Safety Management Standard without seeking industry input. The appeals court ruled OSHA should have posted for public comment the proposed changes to the PSM standard.

Process Safety Management applies to any facility storing 10,000 pounds or more of anhydrous ammonia. However, retail agriculture facilities selling more than 50 percent of the fertilizer to farmers have been exempt from PSM. OSHA’s 2015 memo eliminated the exemption.

Source: NAFB News Service