DHS to regulate ammonium nitrate

Published 14 November 2008

Ammonium nitrate mixed with fuel oil commonly is used as an explosive in mining and has been used by terrorists — such as Timothy McVeigh in Oklahoma; DHS proposes to regulate its use

Nearly fifteen years after Timothy McVeigh, DHS is moving to regulate ammonium nitrate, a common fertilizer that also could be used to make bombs. DHS is proposing a rule which would require sellers and buyers of the fertilizer to register with the department, which would then check their names against the FBI’s terrorist watch list, according to DHS Web site. They would know if they are in the clear within three days. The department also would address appeals within three days. The proposed penalty for a violation is $50,000.

DHS said it still needs to determine how much ammonium nitrate needs to be in a fertilizer mix before the mix would fall under the new rules. Ammonium nitrate mixed with fuel oil commonly is used as an explosive in mining and has been used by terrorists from the Oklahoma City bombers to the Irish Republican Army to, lately, Iraqi insurgents. DHS had earlier proposed a registration system only to grant an extension at the urging of the National Association of State Departments of Agriculture.

The department is seeking public comment between now and 29 December.