Improving Chemical Facility Safety and Security, 48029-48033 [2013-19220]

Agencies

• Executive Office of the President

[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Presidential Documents]
[Pages 48029-48033]
From the Federal Register Online via the Government Printing 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:

[[Page 48030]]

(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-

[[Page 48031]]

                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.

[[Page 48033]]

                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 1, 2013.

[FR Doc. 2013-19220
Filed 8-6-13; 8:45 am]
Billing code 3295-F3