Section 1 Short title
This Act may be cited as the “Fertilizer Access and Responsible Management Act” or the “FARM Act”.
Fertilizer Access and Responsible Management Act
A BILL
To require the Occupational Safety and Health Administration to provide notice and comment rulemaking for the revised enforcement policy relating to the exemption of retail facilities from coverage of the process safety management of highly hazardous chemicals standard under section 1910.119(a)(2)(i) of title 29, Code of Federal Regulations, and for other purposes.
Sec. 2 Occupational Safety and Health Administration process safety management standard
Withdrawal of policy—
In general— The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall withdraw the revised enforcement policy relating to the exemption of retail facilities from coverage of the process safety management of highly hazardous chemicals standard under section 1910.119(a)(2)(i) of title 29, Code of Federal Regulations, issued as a memorandum by the Occupational Safety and Health Administration on July 22, 2015, and all documents associated with the revised enforcement policy.
Enforcement— The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall enforce section 1910.119(a)(2)(i) of title 29, Code of Federal Regulations (or any corresponding similar regulation or ruling), in the same manner as such section was enforced on July 21, 2015, unless such section is amended in accordance with subsection (b).
Requirements for rulemaking—
In general— In promulgating any rule relating to the exemption of retail facilities from coverage of the process safety management of highly hazardous chemicals standard under section 1910.119(a)(2)(i) of title 29, Code of Federal Regulations (or any corresponding similar regulation or ruling), the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall—
promulgate the rule in the manner required under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), if the rule is subject to such section; or
if the rule is not subject to such section, provide notice and comment rulemaking in accordance with section 553 of title 5, United States Code; and
invite meaningful public participation in such rulemaking.
Significant regulatory action— Promulgation of a rule under paragraph (1) shall be—
considered a “significant regulatory action”, as defined in section 3(f)(1) of Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and
subject to the Office of Information and Regulatory Affairs review procedures in accordance with section 6(b) of such Executive order.