International Institute of Ammonia Refrigeration (IIAR) Annual Conference Caribe Royal Hotel and Convention Center; Orlando, FL Government Update Panel March 23 , 2016 9:00 AM to 10:30 AM Presentation Title: Executive Order 13650: Improving Chemical Facility Safety and Security: A Shared Commitment Presented By: EPA - Elizabeth Bosecker; OSHA - Lisa Long; DHS - Amy Graydon Additional Participation : EPA - Kim Jennings; DHS - Matt Currie; Attendees to this IIAR Annual Conference Session (approximately 100 attendees) The following topics were discussed Related to the EPA RMP NPRM:

• Third party compliance audits • Incident investigation/root cause analysis • Safer Technology and Alternatives Analysis (ST AA) • Coordination with Local Responders • Emergency Response Exercises • Information Availability Updated provisions were verbally described, and the additional information was provided:

• NPRM published in FR on 14 March, 2016 • Rule and supporting materials available at public docket

– www.regulations.gov , docket ID# EPA - HQ - OEM - 2015 - 0725 • 60 - day public comment period ends 13 May, 2016

– Please submit comments via regulations.gov • Public hearing in Washington, DC, on March 29, 2016; https:// www.epa.gov/rmp/public - hearing - proposed - changes - risk management - program - rmp - rule Comment s Received : 1. Third Party Audits -- following concerns were raised: • Due to the limited number of audits with expertise on the processes in the various s ectors covered by the RMP regulations, will be difficult bordering on impossible to find a third party auditor who meets both the competency and independence criteria. This lack of finding independent third party auditorswas a theme raised many times thro ughout the discussion. • Most Professional Engineers (PEs) do not have expertise in specific processes requiring auditor to be a PE will further reduce the pool of third party auditors. Also, RMP inspectors are not PEs. • Additional guidance for what, whe n, and how this provision would be triggered was requested, if it does become final. 2. Response Coordination -- following concerns were raised: • Many LEPCs are inactive and therefore will be unable to coordinate with those LEPCs and document coordination e fforts 3. Information availability – following concerns were raised: • Facilities have not had success with public meetings. Despite significant efforts to advertise, the public does not show up to these meeting. 4. Incident Investigation/Root Cause Analysis – following concerns were raised: • Additional guidance for what, when, and how this provision would be triggered was requested, if it does become final. There were a few additional clarifying questions; however, the main ideas of comments and questions a re listed above. The EPA Representatives, Elizabeth Bosecker and Kim Jennings, encouraged the attendees to read and comment on the rule in the docket at regulations.gov. Power Point Attachment

# Executive Order 13650: Improving Chemical Facility Safety and Security: A Shared Commitment Occupational Safety and Health Agency Department of Homeland Security

Environmental Protection Agency

# Executive Order 13650

On August 1, 2013, the President signed an Executive Order to improve the safety and security of chemical facilities and reduce the risks of hazardous chemicals to workers and communities.

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# The United States Faces a Persistent and Evolving Threat

West, Texas in 2013. Image courtesy of the Chemical Safety Board. Death Toll in West, Texas, Fertilizer Explosion Rises to 15 NPR , April 23, 2013 French Authorities Hold Suspect in Beheading and Explosion at Chemical Plant NYTimes, June 26, 2015 China rocked by second deadly chemical plant blast in two weeks Reuters , April 23, 2013

# EO 13650 Five Thematic Areas

• Strengthening community planning and preparedness; • Enhancing Federal operational coordination; • Improving data management; • Modernizing policies and regulations; and • Incorporating stakeholder feedback and developing best practices

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# Strengthening Community P lanning and Preparedness

• Integrated Public Alert and Warning System (IPAWS) • IP Gateway • Enhancing and upgrading CAMEO suite of applications https:// www.epa.gov/cameo • On - line training resources for first r esponders and emergency planners: http :// www.epa.gov/epcra/epcra - training - states - tribes - lepcs - local planners - and - responders - non - section - 313 • Fact Sheet, How to Better Prepare Your Community for a Chemical Emergency: A Guide for State, Tribal, and Local Agencies : https :// www.epa.gov/epcra/how - better - prepare - your - community chemical - emergency - guide - state - tribal - and - local - agencies • 2016 Marks the 30 th anniversary of EPCRA

– August’s theme will celebrate industry’s successful work with LEPCs 5

# Enhancing Federal Operational C oordination
• Regional Working Groups (RWG): The RWGs are holding regular meetings to foster relationships with regional and local stakeholders and sharing best practices

– RWGs are working closely with other partners at the state, local and tribal levels to build upon the Standard Operating Procedures (SOPs) created as part of the Pilot Program

– The creation of these SOPs will make beneficial changes on the ground throughout the nation, and have already yielded a number of successes in coordination

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# Improving Data M anagement

• The EPA Facility Registry System (FRS) has been expanded to include info from DHS and OSHA • Improving internal and external data sharing for other agencies to use for compliance and crosswalk of information • The workgroup has incorporated the chemical listings from RMP, CFATS, PSM, ATF, and Coast Guard into EPA’s Substance Registry System (SRS) • The workgroup is developing a guide to assist facilities in navigating SRS in order to identify potential regulations that are applicable based on a facility's chemical holdings

# Modernizing Policies and Regulations

• OSHA PSM Request for Information and SBREFA • The Chemical Facility Anti - Terrorism Standards Act of 2014 • DHS CFATS Advance Notice of Proposed Rulemaking • EPA RMP Request for Information • EPA Proposed Rule: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7 )

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# PSM SBREFA Considerations Scope
• Clarifying the exemption for atmospheric storage tanks • Expanding the scope to include Oil - and Gas - Well Drilling and Servicing • Resuming Enforcement for Oil and Gas Production Facilities • Expanding PSM coverage and requirements for reactivity hazards • Updating and expanding the list of HHCs in Appendix A of the existing PSM standard • Amending Paragraph (k) of the Explosives and Blasting Standard to cover dismantling and disposal of explosives and pyrotechnics under the requirements of PSM.

# PSM SBREFA Considerations Provisions
• Enhanced employee participation and stop work authority • Evaluation of updates to applicable recognized and generally accepted good engineering practices (RAGAGEP) • Requiring safer technology and alternatives analysis • Covering the mechanical integrity of any critical equipment • Requiring coordination of emergency planning with local emergency - response authorities • Requiring formal documentation with management signature(s), approving the actions taken (or lack thereof) in order to resolve PHA team recommendations • Requiring root cause analysis • Requiring third - party compliance audits • Requiring additional management - system elements • Minor modifications which largely codify existing OSHA interpretations of the PSM standard.

# Modernizing Policies and Regulations

• OSHA PSM Request for Information and SBREFA • The Chemical Facility Anti - Terrorism Standards Act of 2014 • DHS CFATS Advance Notice of Proposed Rulemaking • EPA RMP Request for Information • EPA Proposed Rule: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7 )

11Presenter’s Name June 17, 2003 

## CFATS Plans and Priorities for FY 16

 Continue to transition ISCD to focus on compliance inspections  Authorize, inspect, and approve or disapprove remaining security plans  Implement the CFATS Personnel Surety Program  Advance efforts to update the CFATS regulation, including testing regarding certain changes to Appendix A  Improve the CFATS Risk Engine and augment usability of the CSAT questionnaires  Implement EO 13650 according to the Action Plan to include enhancing information sharing and continuing outreach to identify outliers 0 500 1000 1500 2000 2500 3000 3500

2012 2013 2014 2015 2016 Total CFATS Progress (2012 – January 2016)

Authorized Facilities Authorization Inspections Approved Security Plans Compliance Inspections 3,092 CFATS facilities as of 2/11/16

Statistics as of 02/11/2016

# Modernizing Policies and Regulations

• OSHA PSM Request for Information and SBREFA • The Chemical Facility Anti - Terrorism Standards Act of 2014 • DHS CFATS Advance Notice of Proposed Rulemaking • EPA RMP Request for Information • EPA Proposed Rule: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7 )

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# EPA Proposed Modifications to RMP Rule • Third party compliance audits • Incident investigation/root cause analysis • Safer Technology and Alternatives Analysis (STAA) • Coordination with Local Responders • Emergency Response Exercises • Information Availability

# RMP NPRM Information

• NPRM published in FR on 14 March, 2016 • Rule and supporting materials available at public docket

– www.regulations.gov , docket ID# EPA - HQ - OEM - 2015 - 0725 

## • 60 - day public comment period ends 13 May, 2016

– Please submit comments via regulations.gov 

## • Public hearing in Washington, DC, on March 29, 2016; https:// www.epa.gov/rmp/public - hearing proposed - changes - risk - management - program - rmp - rule

# EPA Plans and Priorities

• Finalize Proposed RMP Modernization Rule • Prepare to implement (beginning in FY17) National Enforcement Initiative for Chemical Accident Prevention - Office of Enforcement and Compliance Assurance (OECA) Led Project • Develop additional guidance materials (e.g., IST, Root cause analysis, Oil and Gas Safety Alert) • Continue to train EPA RMP Inspectors on Advanced Processes, including Ammonia Refrigeration

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# Incorporating Stakeholder F eedback and Developing B est Practices • Chemical safety and security best practices webpage: https:// www.osha.gov/chemicalexecutiveorder/LLIS/ index.html

– This repository was created to collect industry best practices that have resulted in successful, productive, safer, and more secure operations

– These include best practices in the areas of Technology, Training, Safer Alternatives, Process Safety, and Administration

– First Responders, Industry, Environmental - Community - Labor and Federal, State, local and Tribal stakeholders have already shared and continue to share best practices

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# EO: 13650 Available Resources https://www.osha.gov/chemicalexecutiveorder/

# Agency Available Resources

• For EPA RMP and EPCRA information, please visit http:// www.epa.gov/rmp and http:// www.epa.gov/epcra . • RMP proposed rule web page : http:// www.epa.gov/rmp/proposed - changes - risk management - program - rmp - rule • For CFATS - related information, please visit www.dhs.gov/chemicalsecurity . • For additional OSHA resources, please visit https://www.osha.gov/chemicalexecutiveorder/resources. html . 19