EO 13650 §6(a) RFI – Areas Covered

This is the second in a series of posts addressing the recent request for information (RFI) from the EO 13650 Working Group. That RFI addressed requirements in §6(a) of the Improving Chemical Safety and Security Executive Order (EO 13650) for the Working Group to “develop options for improved chemical facility safety and security that identify improvements to existing risk management practices through agency programs, private sector initiatives, Government guidance, outreach, standards, and regulations”. Earlier posts in the series include:

EO 13650: Another Request for Input

EO Section 6(a) Requirements

In my earlier post I failed to note that the three requirements in §6(a) were actually serial requirements.

• The initial requirement to “develop options for improved chemical facility safety and security” {§6(a)(i)} has been accomplished by the Working Group and is reflected in the RFI.

• This RFI address the second requirement to “engage key stakeholders to discuss the options and other means to improve chemical risk management that may be available” {§6(a)(ii)} that were identified by the Working Group.

• The final requirement to “develop a plan for implementing the practical and effective improvements to chemical risk management” {§6(a)(iii)} will be addressed by the Working Group after receiving the public feedback being solicited in this RFI.

Areas to be Considered

The Working Group has identified 9 areas where it feels that improvement could be made to chemical facility safety and security. Those areas are:

• Improving the safe and secure storage, handling, and sale of ammonium nitrate process safety improvement and modernization;

• Coverage of additional hazardous chemicals or categories of chemicals under process safety and security regulations;

• Chemical reactivity hazards;

• Explosive chemical hazards;

• Oil and gas facilities;

• Coverage of bulk storage of flammable liquids under process safety and security regulations;

• Process and hazardous chemical security; and

• Identifying facilities covered under existing process safety and security regulations.

Anyone that has reviewed the earlier OSHA PSM RFI will recognize that there will be some overlap in the areas to be considered. Since there have been no comments posted to that RFI in the month that it has been active, it certainly makes sense to include many of those items in this RFI.

Type of Input Requested

The Working Group has identified a number of policy options for consideration under each of the above listed areas and asks for some specific input on each of those options. In addition they list five general types of information about each of the topic. They include:

• Examples of where implementation of the same or similar options has been successful;

• Information or data that would characterize the positive impacts the options might have, including additional benefits;

• Potential limitations or unintended consequences of the options described;

• Methods for implementing the options, including methods for potentially increasing benefits or reducing costs; or

• Alternatives to the options that could achieve substantially the same result.

Posting Comments

The RFI calls for comments to be submitted by March 31^st, 2014. It provides the docket number (OSHA-2013-0026) for submitting comments through the Federal eRulemaking Portal (www.Regulatons.gov). Unfortunately, as of 11:30 am CST today that docket has not yet been established. I suspect that it won’t go live until this RFI is published in the Federal Register sometime next week.

OSHA Publishes PSM RFI

The Occupational Safety and Hazard Administration of the Department of Labor published a request for information notice in today’s Federal Register (78 FR 73756-73768) looking for public input on potential changes to the Process Safety Management program, as well as standards dealing with explosives, flammable liquids, and spray finishing. In an earlier blog post I indicated that this might be an advance notice of proposed rulemaking, but it appears that this is even earlier in the rulemaking process than that.

The background section of this RFI indicates that this action is being taken in response to the requirement in Executive Order 13650 {§6(e)(ii)} to publish an RFI to identify issues related to the PSM standard. While that requirement certainly exists this rulemaking was identified in the Unified Agenda before the EO was published so we should give OSHA at least some credit for getting out front, however briefly, of this process.

The information request addresses 17 potential changes that OSHA is considering addressing. They include:

1. Clarifying the PSM exemption for atmospheric storage tanks;Show citation box

2. Oil- and Gas-Well Drilling and Servicing;

3. Oil- and Gas-Production Facilities;

4. Expanding PSM Coverage and Requirements for Reactivity Hazards;

5. Updating the List of Highly Hazardous Chemicals in Appendix A of the PSM Standard;

6. Revising the PSM Standard to Require Additional Management-System Elements;

7. Amending Paragraph (d) of the PSM Standard to Require Evaluation of Updates to Applicable recognized and generally accepted good engineering practices (RAGAGEP);

8. Clarifying the PSM Standard by Adding a Definition for RAGAGEP;

9. Expanding the Scope of Paragraph (j) of the PSM Standard to Cover the Mechanical Integrity of Any Safety-Critical Equipment;

10. Clarifying Paragraph (l) of the PSM Standard with an Explicit Requirement that Employers Manage Organizational Changes;

11. Revising Paragraph (n) of the PSM Standard to Require Coordination of Emergency Planning with Local Emergency-Response Authorities;

12. Revising Paragraph (o) of the PSM Standard to Require Third-Party Compliance Audits;

13. Expanding the Requirements of § 1910.109 to Cover Dismantling and Disposal of Explosives, Blasting Agents, and Pyrotechnics;

14. Updating §§ 1910.106 and 1910.107 Based on the Latest Applicable Consensus Standards;

15. Updating the Regulations Addressing the Storage, Handling, and Management of Ammonium Nitrate;

16. Changing Enforcement Policy of the PSM Exemption for Retail Facilities; and

17. Changing Enforcement Policy for Highly Hazardous Chemicals Listed in Appendix A of the PSM Standard without Specific Concentrations.

OSHA is soliciting public comments on each of these potential changes. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # OSHA-2013-0020). Public comments should be submitted by March 10^th, 2014. Because of the wide ranging subject matter and the breadth of some of the possible changes being considered, I would be very surprised if there are not multiple requests to extend the comment period beyond that date.

Needless to say I will be looking at many of these potential areas for updates in a lot more detail in subsequent posts.