Executive Order 13650Chemical Safety and Security

Chemical Safety Briefing: Oregon SERC: 13 May 2015• James Harksen, DHS• Chris Field, EPA

West Fertilizer Company Fire and Explosion

• On April 17, 2013, an ammonium nitrate explosion occurred at the West Fertilizer Company storage and distribution facility in West, Texas, eighteen miles north of Waco.

• At least fifteen people killed, more than 160 injured, and more than 150 buildings damaged or destroyed.

• Investigators confirmed ammonium nitrate as trigger for the explosion, but the cause of the initial fire unknown.

West Fertilizer Company Before and After

• Signed August 1, 2013• Recent chemical accidents such

as West, TX fertilizer facility explosion suggest potential deficiencies.• Identifies focus areas to

improve chemical safety:• Improving Operational Coordination

with State, Local, and Tribal partners• Enhancing Federal Coordination• Enhancing Information Collection

and Sharing• Modernizing Regulations, Guidance,

Policy, and Standards• Identifying Best Practices

Executive Order 13650: Chemical Facility Safety & Security

Section 2: Establish Cross-Agency Collaboration

Cross-Agency Workgroup

Department of Homeland Security

Environmental Protection Agency

Department of Labor

Department of Justice

Department of Agriculture

Department of Transportation

Co-Chairs:DHS SecretaryEPA AdministratorSecretary of Labor

Consultation: - Council on Environmental Quality- National Security Staff- Domestic Policy Council- Office of Science and Technology Policy- Office of Management and Budget (OMB)- White House Office of Cabinet Affairs- Others as designated by the President

The Working Group shall consist of the head of each of the representative agencies or their designated representatives at the Assistant Secretary level or higher

• Ensure ready access to key information in useable format.• Identify areas for joint collaborative programs including

better integration of existing authorities, jurisdictional responsibilities and regulatory programs.• Identify areas to improve response procedures and enhance

information sharing and collection.• Identify means for Federal technical assistance to improve

State and local emergency contingency plans and training.• Examine opportunities to improve public access to

information about chemical facility risks (consistent with national security needs and protection of CBI).• Explore ATF sharing data on explosives storage with SERCs,

TERCs, LEPCs.• Assess DHS sharing CFATS data with SERCs, TERCs, LEPCs.

Section 3: Improve Operational Coordination with State, Local & Tribal Partners

• Initiate pilot program to integrate regional Federal, State, local and tribal resources to identify best practices and test innovative methods for Federal interagency collaboration (ie, collecting, storing and using facility information; stakeholder outreach; inspection planning and joint inspection opportunities).

• Develop comprehensive and integrated operating procedures for a unified Federal approach to identifying and responding to risks in chemical facilities, incident reporting and response procedures, enforcement, and collection, storage and use of facility information.

• Potentially revise MOUs between CSB and EPA, ATF, and OSHA to allow timely sharing of information.

Section 4: Enhanced Federal Coordination

• Develop an analysis and recommendations to improve information collection and sharing between agencies to enhance coordination on chemical facilities non-compliant with Federal requirements.

• Identify changes to streamline and improve data collection to meet the needs of the public and Federal, State, local, and tribal agencies.

Section 5: Enhanced Information Collection and Sharing

• Identify improvements to existing risk management practices through; agency programs, private sector initiatives, Government guidance, outreach, standards and regulations.

• Engage key stakeholders to discuss options and other means to improve chemical risk management, and develop plan of action.

• Improve the safe and secure storage, handling, and sale of ammonium nitrate by identifying potential regulatory and legislative proposals and enhancements under existing authorities.

• Address possible expansion of EPA’s RMP, OSHA’s PSM and DHS’s CFAT to address additional regulated substances and types of hazards.

• OSHA- Identify changes needed in retail and commercial grade exemptions in PSM standard.

Section 6: Policy, Regulation and Standards Modernization

• Convene stakeholders (chemical facilities, regulators, first responders, labor, environmental and community groups) to identify and share successes and best practices for reducing safety and security risks.• Listening session set up around the country

through February 2015.

• Email address for signing up for notifications regarding EO activities, including listening sessions: eo.chemical@hq.dhs.gov• Website has been set up for more information:

www.osha.gov/chemicalexecutiveorder/index.html

Section 7: Working with Stakeholders to Identify Best Practices

Public Listening Sessions

Date Location

November 5, 2013 Texas City, Texas

November 15, 2013 Washington, D.C.

November 19, 2013 Springfield, IL

November 25, 2013 webinar

December 11, 2013 Orlando, FL

December 16, 2013 webinar

January 7, 2014/January 9 or 10, 2014

Sacramento, CA/Los Angles, CA

January 14, 2014 Washington, DC

January 24, 2014 Houston, TX

Recent Activities - Regional/National

• R-10 Interagency Workgroup:• James Harksen, DHS• Chris Field, EPA• Kelly McFadden, EPA• Ed DeLach, DOL

• Tri-Chairs meeting monthly• Regional Workgroups to finalize SOPs – July 2015• Also see:• Report to President – May 2014 at

www.osha.gov/chemicalexecutiveorder/index.html

R-10 Activities To Date1) EPA GIS mapping team identifying facilities as regulated by

EPA, DHS, and OSHA within each local (LEPC) or tribal (TERC) jurisdiction, all facilities regulated by CAA 112r, EPCRA 312, CFATS, PSM and SPCC. The goal is to prioritize federal outreach to local emergency response planning based on high-density areas of regulated facilities.

2) The EPA and DHS are developing a hazardous chemical cross-reference spreadsheet to identify the common chemicals (112r, CFATS, PSM) regulated under all three agencies.

3) DHS is developing a Simple Guide to provide First Responders with Access to “Subject Matter Experts”.

4) Tri-Chairs creating an internal training webinar to introduce chemical prevention programs (112r, EPCRA non313, CFATS and PSMP) to the inspectors from each agency, and to enhance interagency awareness and coordination.

5) EPA will develop a draft SOP for Inspection Coordination and Information Sharing, and a SOP for Inspection Referrals.

R-10 Priorities and Path Forward• Continue outreach to R-10 SERCs• Define best method for outreach to R-10 Tribes• Develop survey for collection of local and state input• Continue progress on R-10 SOPs

• Two key regional goals:1. Enhance federal interagency

coordination on facility regulation and enforcement to minimize gaps and overlap

2. Identify local areas most in need of federal assistance for enhancing local responder safety and training.

Answers ?James Harksen, DHS CFATS Director, Region 10

Chris Field, EPA Emergency Response Program Manager, Region 10