[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Presidential Documents]
[Pages 48029-48033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19220]
Presidential Documents
Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 /
Presidential Documents
[[Page 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 agency-
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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
[[Page 48032]]
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
public-private 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.
(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.
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(Presidential Sig.)
THE WHITE HOUSE,
August 1, 2013.
[FR Doc. 2013-19220
Filed 8-6-13; 8:45 am]
Billing code 3295-F3