DHS Seeks Regulation of Ammonium Nitrate

The Department of Homeland Security (DHS) is seeking comment on an amendment to the Homeland Security Act to regulate the sale and handling of ammonium nitrate, a fertilizer ingredient, which can be used to make bombs. A fertilizer-based bomb packed in a rented Ryder truck was used by Timothy McVeigh to blow up the Alfred P. Murrah federal building in Oklahoma City in 1995.

According to DHS' Web site:

The amendment requires the Department of Homeland Security to "regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility to prevent the misappropriation or use of ammonium nitrate in an act of terrorism."

DHS fears terrorists will exploit the explosive chemical characteristics of ammonium nitrate, either alone or in combination with fuel oil.

"Both of these forms (i.e., explosive and fertilizer coupled with liquid fuel oil) in the hands of terrorists have the potential to be detonated and when there is sufficient exposure may create significant adverse consequences for human life or health," says the notice on proposed rules.

The amendment, "Secure Handling of Ammonium Nitrate," regulates various activities related to the buying and selling of ammonium nitrate. Buyers and sellers of ammonium nitrate will have to register with the government and receive registration numbers. DHS will then screen all registrants against the Terrorist Screening Database.

During the sale of ammonium nitrate, sellers will have to verify that the buyer is indeed registered with DHS. Sellers would then have to keep records of sales or transfers of ammonium nitrate for two years. DHS, according to the rules, will also audit ammonium nitrate sellers to make sure they're keeping up-to-date records.

The rules will complement the Chemical Facility Anti-Terrorism Standards, which seeks to regulate the storage and transportation of ammonium nitrate as well as other dangerous chemicals beyond a certain threshold.

DHS will take written comments from the public until December 29.