THE WHITE HOUSE

Office of the Press Secretary

 

For Immediate Release August 1, 2013

EXECUTIVE ORDER

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IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

By the authority vested in me as President by the 

Constitution and the laws of the United States of America, it 

is hereby ordered as follows:

Section 1. Purpose. Chemicals, and the facilities where 

they are manufactured, stored, distributed, and used, are 

essential to today's economy. Past and recent tragedies have 

reminded us, however, that the handling and storage of chemicals 

are not without risk. The Federal Government has developed and 

implemented numerous programs aimed at reducing the safety

risks and security risks associated with hazardous chemicals. 

However, additional measures can be taken by executive 

departments and agencies (agencies) with regulatory authority 

to further improve chemical facility safety and security in 

coordination with owners and operators.

Sec. 2. Establishment of the Chemical Facility Safety and 

Security Working Group. (a) There is established a Chemical 

Facility Safety and Security Working Group (Working Group) 

co-chaired by the Secretary of Homeland Security, the 

Administrator of the Environmental Protection Agency (EPA), and 

the Secretary of Labor or their designated representatives at 

the Assistant Secretary level or higher. In addition, the 

Working Group shall consist of the head of each of the following 

agencies or their designated representatives at the Assistant 

Secretary level or higher:

(i) the Department of Justice;

(ii) the Department of Agriculture; and

(iii) the Department of Transportation.

(b) In carrying out its responsibilities under this order, 

the Working Group shall consult with representatives from:

(i) the Council on Environmental Quality;

(ii) the National Security Staff;

(iii) the Domestic Policy Council;

(iv) the Office of Science and Technology Policy; 

(v) the Office of Management and Budget (OMB);

(vi) the White House Office of Cabinet Affairs; and 
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(vii) such other agencies and offices as the 

President may designate.

(c) The Working Group shall meet no less than quarterly to 

discuss the status of efforts to implement this order. The 

Working Group is encouraged to invite other affected agencies, 

such as the Nuclear Regulatory Commission, to attend these 

meetings as appropriate. Additionally, the Working Group shall 

provide, within 270 days of the date of this order, a status 

report to the President through the Chair of the Council on 

Environmental Quality and the Assistant to the President for 

Homeland Security and Counterterrorism.

Sec. 3. Improving Operational Coordination with State, 

Local, and Tribal Partners. (a) Within 135 days of the date 

of this order, the Working Group shall develop a plan to support 

and further enable efforts by State regulators, State, local, 

and tribal emergency responders, chemical facility owners and 

operators, and local and tribal communities to work together to 

improve chemical facility safety and security. In developing 

this plan, the Working Group shall:

(i) identify ways to improve coordination among the 

Federal Government, first responders, and State, 

local, and tribal entities;

(ii) take into account the capabilities, 

limitations, and needs of the first responder 

community;

(iii) identify ways to ensure that State homeland 

security advisors, State Emergency Response 

Commissions (SERCs), Tribal Emergency Response 

Commissions (TERCs), Local Emergency Planning 

Committees (LEPCs), Tribal Emergency Planning 

Committees (TEPCs), State regulators, and first 

responders have ready access to key information in a 

useable format, including by thoroughly reviewing 

categories of chemicals for which information is 

provided to first responders and the manner in which 

it is made available, so as to prevent, prepare for, 

and respond to chemical incidents;

(iv) identify areas, in collaboration with State, 

local, and tribal governments and private sector 

partners, where joint collaborative programs can be 

developed or enhanced, including by better integrating 

existing authorities, jurisdictional responsibilities, 

and regulatory programs in order to achieve a more 

comprehensive engagement on chemical risk management;

(v) identify opportunities and mechanisms to 

improve response procedures and to enhance information 

sharing and collaborative planning between chemical 

facility owners and operators, TEPCs, LEPCs, and first 

responders;
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(vi) working with the National Response Team (NRT) 

and Regional Response Teams (RRTs), identify means for 

Federal technical assistance to support developing, 

implementing, exercising, and revising State, local,

and tribal emergency contingency plans, including 

improved training; and

(vii) examine opportunities to improve public access 

to information about chemical facility risks 

consistent with national security needs and 

appropriate protection of confidential business 

information.

(b) Within 90 days of the date of this order, the Attorney 

General, through the head of the Bureau of Alcohol, Tobacco,

Firearms and Explosives (ATF), shall assess the feasibility of 

sharing data related to the storage of explosive materials with 

SERCs, TEPCs, and LEPCs.

(c) Within 90 days of the date of this order, the 

Secretary of Homeland Security shall assess the feasibility of 

sharing Chemical Facility Anti-Terrorism Standards (CFATS) data 

with SERCs, TEPCs, and LEPCs on a categorical basis.

Sec. 4. Enhanced Federal Coordination. In order to 

enhance Federal coordination regarding chemical facility safety 

and security:

(a) Within 45 days of the date of this order, the Working 

Group shall deploy a pilot program, involving the EPA,

Department of Labor, Department of Homeland Security, and any 

other appropriate agency, to validate best practices and to test 

innovative methods for Federal interagency collaboration

regarding chemical facility safety and security. The pilot 

program shall operate in at least one region and shall integrate 

regional Federal, State, local, and tribal assets, where 

appropriate. The pilot program shall include innovative and 

effective methods of collecting, storing, and using facility 

information, stakeholder outreach, inspection planning, and, as 

appropriate, joint inspection efforts. The Working Group 

shall take into account the results of the pilot program in

developing integrated standard operating procedures pursuant 

to subsection (b) of this section.

(b) Within 270 days of the date of this order, the 

Working Group shall create comprehensive and integrated 

standard operating procedures for a unified Federal approach 

for identifying and responding to risks in chemical facilities 

(including during pre-inspection, inspection execution, 

post-inspection, and post-accident investigation activities), 

incident reporting and response procedures, enforcement, and 

collection, storage, and use of facility information. This 

effort shall reflect best practices and shall include agency-toagency referrals and joint inspection procedures where possible 

and appropriate, as well as consultation with the Federal 

Emergency Management Agency on post-accident response 

activities.
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(c) Within 90 days of the date of this order, the Working 

Group shall consult with the Chemical Safety Board (CSB) and 

determine what, if any, changes are required to existing 

memorandums of understanding (MOUs) and processes between EPA 

and CSB, ATF and CSB, and the Occupational Safety and Health 

Administration and CSB for timely and full disclosure of 

information. To the extent appropriate, the Working Group may 

develop a single model MOU with CSB in lieu of existing 

agreements.

Sec. 5. Enhanced Information Collection and Sharing. In 

order to enhance information collection by and sharing across 

agencies to support more informed decisionmaking, streamline 

reporting requirements, and reduce duplicative efforts:

(a) Within 90 days of the date of this order, the Working 

Group shall develop an analysis, including recommendations, on 

the potential to improve information collection by and sharing 

between agencies to help identify chemical facilities which may 

not have provided all required information or may be noncompliant with Federal requirements to ensure chemical facility 

safety. This analysis should consider ongoing data-sharing 

efforts, other federally collected information, and chemical 

facility reporting among agencies (including information shared 

with State, local, and tribal governments).

(b) Within 180 days of the date of this order, the Working 

Group shall produce a proposal for a coordinated, flexible datasharing process which can be utilized to track data submitted to 

agencies for federally regulated chemical facilities, including 

locations, chemicals, regulated entities, previous infractions,

and other relevant information. The proposal shall allow for 

the sharing of information with and by State, local, and tribal

entities where possible, consistent with section 3 of this 

order, and shall address computer-based and non-computer-based 

means for improving the process in the short-term, if they 

exist.

(c) Within 180 days of the date of this order, the Working 

Group shall identify and recommend possible changes to 

streamline and otherwise improve data collection to meet the 

needs of the public and Federal, State, local, and tribal

agencies (including those charged with protecting workers and 

the public), consistent with the Paperwork Reduction Act and 

other relevant authorities, including opportunities to lessen 

the reporting burden on regulated industries. To the extent 

feasible, efforts shall minimize the duplicative collection of 

information while ensuring that pertinent information is shared 

with all key entities.

Sec. 6. Policy, Regulation, and Standards Modernization. 

(a) In order to enhance safety and security in chemical 

facilities by modernizing key policies, regulations, and 

standards, the Working Group shall:

(i) within 90 days of the date of this order, 

develop options for improved chemical facility safety 

and security that identifies improvements to existing 

risk management practices through agency programs, 

private sector initiatives, Government guidance, 

outreach, standards, and regulations;
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(ii) within 90 days of developing the options

described in subsection (a)(i) of this section, engage 

key stakeholders to discuss the options and other 

means to improve chemical risk management that may be 

available; and

(iii) within 90 days of completing the outreach and 

consultation effort described in subsection (a)(ii) of 

this section, develop a plan for implementing

practical and effective improvements to chemical risk 

management identified pursuant to subsections (a)(i) 

and (ii) of this section.

(b) Within 90 days of the date of this order, the 

Secretary of Homeland Security, the Secretary of Labor, and the 

Secretary of Agriculture shall develop a list of potential 

regulatory and legislative proposals to improve the safe and 

secure storage, handling, and sale of ammonium nitrate and 

identify ways in which ammonium nitrate safety and security can 

be enhanced under existing authorities.

(c) Within 90 days of the date of this order, the 

Administrator of EPA and the Secretary of Labor shall review the 

chemical hazards covered by the Risk Management Program (RMP) 

and the Process Safety Management Standard (PSM) and determine 

if the RMP or PSM can and should be expanded to address 

additional regulated substances and types of hazards. In 

addition, the EPA and the Department of Labor shall develop a 

plan, including a timeline and resource requirements, to expand, 

implement, and enforce the RMP and PSM in a manner that 

addresses the additional regulated substances and types of 

hazards.

(d) Within 90 days of the date of this order, the 

Secretary of Homeland Security shall identify a list of 

chemicals, including poisons and reactive substances, that 

should be considered for addition to the CFATS Chemicals of 

Interest list.

(e) Within 90 days of the date of this order, the 

Secretary of Labor shall:

(i) identify any changes that need to be made in the 

retail and commercial grade exemptions in the PSM 

Standard; and

(ii) issue a Request for Information designed to 

identify issues related to modernization of the PSM 

Standard and related standards necessary to meet the 

goal of preventing major chemical accidents.

Sec. 7. Identification of Best Practices. The Working 

Group shall convene stakeholders, including chemical producers, 

chemical storage companies, agricultural supply companies, State 

and local regulators, chemical critical infrastructure owners 

and operators, first responders, labor organizations 

representing affected workers, environmental and community 

groups, and consensus standards organizations, in order to 

identify and share successes to date and best practices to 

reduce safety risks and security risks in the production and 
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storage of potentially harmful chemicals, including through the 

use of safer alternatives, adoption of best practices, and 

potential public-private partnerships. 

Sec. 8. General Provisions. (a) This order shall be 

implemented consistent with applicable law, including 

international trade obligations, and subject to the availability

of appropriations.

(b) Nothing in this order shall be construed to impair or 

otherwise affect:

(i) the authority granted by law to a department, 

agency, or the head thereof; or

(ii) the functions of the Director of OMB relating to 

budgetary, administrative, or legislative proposals.

(c) This order is not intended to, and does not, create 

any right or benefit, substantive or procedural, enforceable at 

law or in equity by any party against the United States, its 

departments, agencies, or entities, its officers, employees, or 

agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,

 August 1, 2013.

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