ExplosivesDHS slow to crack down on ammonium nitrate sales

Published 4 August 2011

U.S. lawmakers are becoming frustrated with DHS for its slow implementation of regulations on ammonium nitrate fertilizer, a key ingredient in dangerous homemade explosives like the one used in the deadly 1995 Oklahoma City bombing; Congress initially passed legislation tightening control on the sale of the fertilizer in 2008, but DHS has yet to implement such regulations and three years later is only now publishing a set of “proposed” rule

Pallets of Ukranian-made ammonium nitrate fertilizer // Source: allianz.com

U.S. lawmakers are becoming frustrated with DHS for its slow implementation of regulations on ammonium nitrate fertilizer, a key ingredient in dangerous homemade explosives like the one used in the deadly 1995 Oklahoma City bombing.

Congress initially passed legislation tightening control on the sale of the fertilizer in 2008, but DHS has yet to implement such regulations and three years later is only now publishing a set of “proposed” rules. Representative Bennie Thompson (D – Mississippi), the ranking member on the House Homeland Security Committee who authored the 2008 bill, said, “I am disappointed that more progress has not been made to put reasonable protections in place … since we acted to fix this in 2007.”

DHS officials say they are still in the process of creating rules as well as a reporting mechanism for more than 100,000 individuals working in agriculture, construction, and mining who use ammonium nitrate for legitimate purposes.

On Tuesday, DHS announced that it will publish a set of proposed rules that will be subject to a four-month review period during which industry representatives and the public can comment on any concerns they have. As of now, no date has been set for when the final regulations will be issued.

In today’s ever-evolving threat environment, we must continually reinforce the security of substances, such as ammonium nitrate, which can be used for legitimate purposes or exploited by terrorists,” DHS Secretary Janet Napolitano said.

Thompson noted that the release of the proposed rules is “a positive development, especially given the events in Norway.” It is believed that in the recent bombing in Norway, Anders Behring Breivik used an ammonium nitrate based explosive.

Meanwhile Senator Bob Casey (D – Pennsylvania) echoed Thompson’s frustrating saying that the “delay was unacceptable.”

Senator Casey is currently working to stop supplies of ammonium nitrate from flowing into Afghanistan from Pakistan, where it is used to construct improvised explosive devices that are endangering U.S. troops.

Efforts to restrict access to the dangerous fertilizer began after the Oklahoma City bombing where Timothy McVeigh used two tons of ammonium nitrate mixed with fuel to build a truck bomb that killed 168 people, in one of the deadliest attacks on U.S. soil in years.

I think most Americans would be outraged to know that we haven’t made much progress on ammonium nitrate since Timothy McVeigh,” Senator Casey said.

Under the proposed regulations, individuals who purchase large quantities of ammonium nitrate must first register in advance and can only purchase the substance after the government has approved their application. Officials will screen applicants to make sure they are not on any government watch lists.

Upon approval individuals will receive a federal use number and a photo ID which they must present at the time of purchase.

In addition, dealers are prohibited from selling more than twenty-five pounds of the fertilizer to individual who are not registered. Dealers will also be required to keep records on all sales and to report any loss or theft within twenty-four hours.