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The Missouri Agribusiness Association is committed to the agribusiness industry within the Show-Me State by offering services that will enhance the day-to-day operations of agribusinesses now and in the future.

MO-AG's mission simply states, "The mission of the Missouri Agribusiness Association (MO-AG) is to advocate for the business of agriculture while offering services and networking opportunities for the agribusiness community."

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News You Can Use

ARA on EPCRA filing

The U.S. Environmental Protection Agency (EPA) Office of Emergency Management is classifying any agricultural retailers that blend fertilizer as a manufacturer for reporting purposes under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986.  Any agricultural retailer that blends (i.e. non-chemical reaction) dry fertilizer at their facility should include these products on an annual inventory report (Tier 2 report) that must be submitted to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and the local fire department. The information must also be available to the public. Facilities must submit their Tier 2 reports by March 1 of each year. ARA recommends each facility review their Tier 2 reports to ensure information on all blended fertilizer stored on-site has been included.

For any hazardous chemical used or stored in the workplace, facilities must maintain a material safety data sheet (MSDS) for fertilizer stored on site, and submit the MSDSs (or list of the chemicals) to their SERC, LEPC, and local fire department. Under EPCRA Section 311, facilities must submit the same MSDSs they maintain for OSHA to these state and local agencies or submit a detailed list of the same chemicals instead. This is a one-time submittal; facilities have three months after becoming subject to the OSHA regulations to submit their material.  Under Section 312, facilities also need to submit an annual inventory report (Tier I or Tier II report) for the same chemicals. As stated earlier, this inventory report must be submitted on an annual basis to the SERC, LEPC and local fire department by March 1.
 
EPCRA provides for a "retail fertilizer" reporting exemption for "Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer."  Many agricultural retailers have historically chosen to claim this retail fertilizer exemption. However, EPA has cited agricultural retailers for incomplete Tier II forms  when the facility claimed the retail exemption for blended fertilizer, even in the case of non-hazardous fertilizers like potash. With EPA classifying agricultural retailers that blend fertilizer as fertilizer manufacturers under EPCRA, the retail exemption would not apply. ARA disagrees with EPA's interpretation as the plain statutory language appears very clear. However, given the agency's firm position and increased enforcement actions, ARA strongly recommends facilities include this information on the Tier II form. ARA will continue to work with EPA on a resolution, and work with Congress for a legislative correction to EPA's interpretation.

Source:  Agricultural Retailers Association

TFI, ARA Support Regulatory Compliance Assessment Tool

The following statement was released by Daren Coppock, president of the Agricultural Retailers Association and Ford West, president of The Fertilizer Institute. "The fertilizer industry continues to extend its thoughts and prayers to the people of West, Texas, who are grieving for those in their town who were lost or injured. We are watching closely as investigators determine what happened and upon a final determination of cause by the Chemical Safety Board we will work together to identify and apply any lessons learned. While that investigation continues, we are reaffirming our commitment to safe operations of fertilizer facilities by alerting the industry to the availability of an important tool to support compliance with existing federal regulations and associated best management practices.
 
"The online Compliance Assessment tool for agricultural retail facilities, developed by the non-profit Asmark Institute (http://www.asmark.org/), helps control risk and support the continual improvement of a retail dealer's regulatory compliance effort. We greatly appreciate the Asmark Institute's willingness to make this tool available free of charge to fertilizer retailers, and we encourage them to join with producers, importers, wholesalers and state fertilizer associations to help increase industry awareness of this and other means of regulatory compliance assistance. It is through the use of tools like this that we are taking steps to redouble our commitment to safety."
 
The Compliance Assessment Tool is available at https://www.asmark.org/ComplianceAssessmentTool

Source: AgProfessional

West Texas Fertilizer Incident

The state of Texas convened the first legislative hearing in response to the deadly explosion at the West Fertilizer Company.  Officials from a half dozen state agencies offered testimony concerning their various regulatory responsibilities.  According to DSHS officials, the West facility contained about 270 tons of ammonium nitrate. Despite its explosive potential when mixed with heat and fuel, ammonium nitrate is not on the U.S. Environmental Protection Agency's (EPA) list of "extremely hazardous substances." Those who possess more than 10,000 pounds must file paperwork with the EPA and DSHS, but the information concerning which facilities in a given community may be storing large amounts of potentially dangerous chemicals isn't readily available to the average citizen.

Texas Division of Emergency Management Chief Nim Kidd told lawmakers addressing safety concerns is the task of local emergency planning committees, of which there are roughly 270 across the state. Bryan Shaw, Chairman of the Texas Commission on Environmental Quality (TCEQ), told KVUE the issue of inspections is tricky.  "There have been calls since the day after the explosion that if we had more inspections of some kind that this could have been prevented," said Shaw. "The question we have to ask is: What would you see? What is it do you expect you could have learned from that to have said, 'Ah hah!' This could be a hazard that we need to mitigate? Until we know what that cause was, we don't even know what we would say those inspectors would need to be looking for."
 
Assistant State Fire Marshal Kelly Kistner says tanks of anhydrous ammonia, a chemical used in the production of ammonium nitrate, were found unharmed. Natural causes, such as a lightning strike, have also been ruled out, and officials with the Texas Department of Public Safety (DPS) believe terrorism is unlikely as well. That said, Kistner warns the cause isn't necessarily an accident.
 
The results of the investigation are expected by May 10th. Source:  KVUE.com

TFI

The Fertilizer Institute (TFI) is ready to do what's necessary for the continued safe operation of retail facilities.  The retail fertilizer dealer plays an integral role in the nation's food production system.  It is up to each retailer to work with local, state and federal regulators to ensure the safety of the community in which his or her business functions.  We share the public's concern. We want our employees, customers and neighbors to be safe. Because no one knows yet the cause of the blast, it is too early to decide what the right solution is. The Chemical Safety Board has an excellent reputation for its ability to analyze evidence from catastrophic incidents such as the one in West and determine probable cause.  It is up to each retailer to work with local, state and federal regulators to ensure the safety of the community in which his or her business functions. With this in mind, we are committed to listening and learning about new ways that we can better be stewards of the neighborhoods in which we operate. Source:  TFI's Ford West, USA Today

Click here to view The Fertilizer Institute's talking points.

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