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 (STAA)

• 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-riskmanagement-program-rmp-rule

Comments Received:

1. Third Party Audits --following concerns were raised:

• Due to the limited number of audits with expertise on the processes in the 

various sectors 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 auditors 
was a theme raised many times throughout 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, when, 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 efforts

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 are 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.

2
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

4
Strengthening Community Planning 

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 responders and emergency planners: 

http://www.epa.gov/epcra/epcra-training-states-tribes-lepcs-localplanners-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-communitychemical-emergency-guide-state-tribal-and-local-agencies

• 2016 Marks the 30th anniversary of EPCRA

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

5
Enhancing Federal Operational 

Coordination

• 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 Management

• 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)

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Presenter’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-hearingproposed-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 Feedback 

and Developing Best 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-riskmanagement-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. 

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