There has been some organized resistance to the inclusion of propane (at an STQ of 7,500 lbs) in Appendix A to 6 CFR part 27. The propane industry has lead this resistance with a comment campaign in the initial comment period for the appendix and has enlisted various agricultural organizations and their supporting Senators in the campaign to get a propane exemption since then. To date DHS has had very little to say in response other than they were looking into the comments. Today, DHS officially responded with a page on their web site.
The page reviews the industry claims and re-affirms that DHS is reviewing the comments that it received in the regulatory process and will make changes as appropriate. The site reiterates that it only intends to regulate high-risk chemical facilities, not isolated poultry farms. It objects to an AP report that claims 40,000 farms would be affected, responding that they only expected 50,000 total facilities to be affected during the first three years of the program.
Further, the web site maintains that only those farms storing more than the STQ would have to complete the Top Screen to allow DHS to evaluate the potential risk. The web page describes the Top Screen as a “‘Turbo Tax-like’ online tool that is extremely user friendly”.
Given the political rhetoric and threats (Senators threatening to withhold funds for enforcement) employed by the propane industry, this reply by DHS is very mild and probably less than effective; especially since it is buried in the DHS site. Hopefully, they will be replying in a little more public, or noticeable venue in the near future.
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