EO13650: CHEMICAL SAFETY & SECURITY EPA Region 9

Transcription

1 EO13650: CHEMICAL SAFETY & SECURITY EPA Region 9

2 Executive Order 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.

3 The United States Faces a Persistent and Evolving Threat 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 West, Texas in Image courtesy of the Chemical Safety Board. China rocked by second deadly chemical plant blast in two weeks 2013 Reuters, April 23,

4 EO 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

5 Strengthening Community Planning and Preparedness Integrated Public Alert and Warning System (IPAWS) IP Gateway Enhancing and upgrading CAMEO suite of applications On-line training resources for first responders and emergency planners: Fact Sheet, How to Better Prepare Your Community for a Chemical Emergency: A Guide for State, Tribal, and Local Agencies: Marks the 30 th anniversary of EPCRA August s theme will celebrate industry s successful work with LEPCs

6 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

7 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

8 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)

9 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.

10 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.

11 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)

12 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

13 RMP NPRM Information NPRM published in FR on 14 March, 2016 Rule and supporting materials available at public docket docket ID# EPA-HQ-OEM day public comment period ends 13 May, 2016 Please submit comments via regulations.gov Public hearing in Washington, DC, on March 29, 2016;

14 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

15 Incorporating Stakeholder Feedback and Developing Best Practices Chemical safety and security best practices webpage: 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

16 PHASE 1 OUTREACH ENGAGEMENT INFO GATHERING REGION 9 E.O IMPLEMENTATION PHASE 2 ORGANIZE R9WG, MONTHLY CALLS/WEBINARS DRAFT CHARTER AND SOGs PHASE 3 IMPLEMENTATION

17 REGION 9 E.O IMPLEMENTATION Key Focus Areas Enhanced coordination & capacity building Improved Data Quality, Integration & Access Better inspection and referral coordination

18 EPCRA/CAA 112r REGION IX FACILITIES SNAPSHOT Approximately 4300 Tier II facilities in Arizona; 930 in Hawaii; and 1920 in Nevada California has a much lower reporting threshold and has approximately 141,000 facilities reporting (126,000 through CERS and another 15,000 through other systems) 1,780 RMP facilities. 1,683 TRI Facilities.

19 Anhydrous Ammonia National RMP # s 3 rd largest by volume of chemical = 5,246,743 1 st in # of Facilities = 6,884 1 st in # of Processes = 8013

20 Region State Implementation Plans Focus on Anhydrous Ammonia & Ammonium Nitrate Goal: Reduce the Frequency and Magnitude of Incidents Ammonia Safety Training Institute Motto: Prevent them all or stop them small. prevention, preparedness, response

21 Enhanced coordination & capacity building Website with specific Ammonia related resources Mailing to affected industry Partner with ASTI, IIAR, RETA, TRANSCAER & Other Associations EO Specific Ammonia Safety Days: Norcal, SoCal, HI, NV, AZ Other targeted opportunities for outreach and training (e.g., CUPA Forum, Continuing Challenge, FireShowsWest, AZ Gatekeeper Conference) Technical Training for prevention, preparedness and response

22 Enhanced coordination & capacity building EO13650 R9WG Webinars Engagement with SERCs & LEPCs Participation at meetings E-newsletter Western States SERC Meeting R9 Leading Workgroup of Regional EO13650 Coordinators Collaborative Webspace on Max.gov Cross-fertilization with Region 9 and Oceania Regional Response Teams

23 Improved Data Quality, Integration & Access Continue to connect State and Local Constituents with OEI and Facility Linkage Application development Work on common standard extract reports and pilot initial efforts focused on Anhydrous Ammonia Increase awareness and utilization of data mapping tools (e.g., CAMEO suite, CERS 1 st Responder App)

24 Better inspection and referral coordination Joint inspections where feasible Advanced technical and programmatic cross training for inspectors Collaborative Sessions to focus on key findings from inspections and improve opportunities for referrals Incorporate findings into Best Practices Compendium

25 Commonly Observed RMP Deficiencies Failure to report accidents w/in 6 Months Failure to change ER POC w/in 6 Months Failure to resolve, document, and track PHA, audit, and accident investigation findings Failure to develop SOPs for all operations, especially temporary operations Failure to certify SOPs annually Failure to include operating limits and consequences of deviation in SOPs

26 Commonly Observed RMP Deficiencies Incomplete PSI information Failure to ensure everyone gets refresher training Failure to document each individuals training and how it was verified that employees understood the training Failure to develop and implement written maintenance procedures Failure to test/inspect at the frequency defined by industry standards/ mfg. instructions MOC not completed PRIOR to change PSI, SOPs not updated accordingly w/ MOC modifications

27 Deficient annual Inspections and/or 5-year MI audits MI deficiencies PRVs Corrosion Inadequate ventilation/relief system design basis Inadequate component labeling Deficient SOPs Commonly Observed RMP Deficiencies

28 Section 112(r)(1) of the Clean Air Act Owners and operators of facilities utilizing hazardous substances have a General Duty to: Identify hazards that may result from accidental releases using appropriate hazard assessment techniques, Design and maintain a safe facility taking any necessary steps to prevent releases, and Minimize the consequences of accidental releases that do occur. Note - Not limited to specific list of chemicals or threshold quantities

29 Facilities with any extremely hazardous substance must adhere to: 1) Recognized and generally accepted good engineering practices (RAGAGEPs) and 2) Applicable state & local regulations

30 End goals and performance measures Increased understanding and buy-in of Emergency Prevention & Preparedness concepts such as Integrated Contingency Plan (ICP) aka One Plan Better access to resources/tools for inspectors, facilities, ER planners, and responders Improved technical competencies for prevention, preparedness, response Improved and widely distributed BMP and Recognized And Generally Accepted Good Engineering Practices BMP template to focus on Chlorine in FY17 Advancement of Parallel Effort under the California Refinery Task Force : A Collaboration with CUPAs, Cal-OSHA, Cal-EPA and Cal-OES on Improving Safety at California Refineries. Federal effort includes contribution of Advanced Process Safety Management Trainings and coordination of refinery inspections and investigations.

31 EO: Available Resources

32 Agency Available Resources For EPA RMP and EPCRA information, please visit and RMP proposed rule webpage: For CFATS-related information, please visit For additional OSHA resources, please visit

33 CONTACT INFO Bill Jones, U.S. EPA: Amber Rose, OSHA: Rodney Lockett, DHS: (202)