Presidential Documents

Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Presidential Documents 48029 

Executive Order 13650 of August 1, 2013 

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 

(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: 


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(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; 

(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 agencyVerDate Mar<15>2010 17:28 Aug 06, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07AUE0.SGM 07AUE0

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to-agency referrals and joint inspection procedures where possible and appropriate, as well as consultation with the Federal Emergency Management 

Agency on post-accident response activities. 

(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 non-compliant 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 data-sharing 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; 

(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 


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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 storage of potentially harmful chemicals, including through 

the use of safer alternatives, adoption of best practices, and potential publicprivate 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. 


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(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. 

THE WHITE HOUSE, 

August 1, 2013. 

[FR Doc. 2013–19220 

Filed 8–6–13; 8:45 am] 

Billing code 3295–F3 


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