I was interviewed by Jack Fink, a reporter at Channel 11 in Dallas, Texas to discuss the legal issues relating to applicable federal and state statutes that may relate to any reporting or approval for storage of ammonium nitrate. The interview took place on April 30, 2013. We discussed more detail, but the quote during the news cast focused on the potential for criminal prosecution, particularly where there are knowing acts to put people in danger of death or serious injury. This is known as the "knowing endangerment" provision that is contained in some of the federal and state environmental statutes.
Some of the federal statutes that may apply to the West, Texas facility and the storage of ammonium nitrate include, the Chemical Facility Anti-Terrorism Standards Act, which is administered by the Department of Homeland Security, the Emergency Planning and Community Right to Know Act, administered by the EPA, and the federal Clean Air Act, administered by the EPA and delegated in part to certain states. The Clean Air Act requirements that may apply would be the Risk Management Plan requirement.
The applicability of these statutes to storage of ammonium nitrate, reporting, and other requirements depends on the statute and regulations issued under those statutes, as well as the specific facts of any case.