In 1996, the U.S. EPA established a list of regulated chemicals that pose a large risk of accidental release and are extremely hazardous to people and the environment. EPA then issued rules for the prevention and mitigation of accidental releases of those substances under section 112(r) of the Clean Air Act. EPA's Risk Management Program rule requires all fertilizer facilities that handle, process, or store a quantity of 10,000 pounds or more of anhydrous ammonia to register with them and submit a Risk Management Plan.
On January 29, 2014, the North Dakota Department of Agriculture was granted a partial delegation by the EPA to enforce the chemical accident prevention provisions of 40CFR part 68 in accordance with North Dakota Century Code 19-20.3.
This page is intended to give general information about the Risk Management Program and provide information on federal and state laws, as well as provide links to guidance materials and information on how to maintain compliance.
Ammonia used as an agricultural nutrient, when held by farmers, is exempt from all provisions of the Risk Management Program
New facilities must submit a RMP to the EPA on or before the date that anhydrous ammonia is first stored in excess of the threshold quantity (10,000 pounds/2,144 gallons).
The Risk Management Plan needs to be updated and resubmitted to the EPA at least once every 5 years and companies must perform a compliance audit at least once every 3 years.
Program Elements
- Registration with EPA and a Defined Management System
- Hazard Assessment
- Prevention Program
- Emergency Response Program
- Risk Management Plan document
Department staff have completed EPA Risk Management Program inspector training and will be performing inspections as well as compliance assistance visits to facilities to help them come into compliance. Please contact the department if you would like to request a compliance audit of your program.
Related Links
Federal Law
• Chemical Accident Prevention Provisions 40CFR Part
State Laws
• Anhydrous Ammonia Risk Management NDCC 19-20.3
• Risk Management Program for Agricultural Anhydrous Ammonia Facilities NDCC 7-12-03
General Guidance Materials
EPA was required by mandate to create comprehensive guidance materials to help people comply with the rule. They have developed their own free software for review and submission of RMPs as well as software for modeling worst case and alternate worst case scenarios.
Anhydrous Ammonia Specific Guidance
The non-profit safety organization Asmark and The Fertilizer Institute collaborated with the EPA to create free guidance materials and tools for agricultural anhydrous ammonia facilities. Their guidance document and tutorial walk you through the process step by step and cover every data element with guidance excerpts from the RMP*Submit User's Manual, the RMP General Guidance Document written by the EPA, and Retail Guidance developed based on the information and experience of a diverse committee of industry professionals knowledgeable and experienced in RMP implementation.
Related Resources
Risk Management Program (RMP) for Agriculture Anhydrous Ammonia Facilities Contacts
Lukas Wagner
Pesticide & Fertilizer Division Director
701-328-4922
ljwagner@nd.gov
Maria Sackman
Fertilizer Program Specialist
701-328-1442
mmsackman@nd.gov