Process Safety Management (PSM); Stakeholder Meeting, 53020-53021 [2022-18614]
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Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices
to the District Manager. These proposed
revisions shall include initial and
refresher training regarding compliance
with the terms and conditions stated in
the Decision and Order. The operator
shall provide all miners involved in the
mine-through of a well or branch with
training regarding the requirements of
the Decision and Order prior to mining
within the minimum working barrier of
the next well or branch intended to be
mined through.
(2) A minimum working barrier of 300
feet in diameter shall be maintained
around all SDD wells until the operator
has submitted proposed revisions for its
approved mine emergency evacuation
and firefighting program of instruction
required by 30 CFR 75.1502. The
operator shall revise the program to
include the hazards and evacuation
procedures to be used for well
intersections. All underground miners
shall be trained in this revised program
according to the revised mine
emergency evacuation and firefighting
program of instruction prior to mining
within the minimum working barrier.
The petitioner asserts that the
alternative method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2022–18618 Filed 8–29–22; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2013–0020]
Process Safety Management (PSM);
Stakeholder Meeting
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of stakeholder meeting.
AGENCY:
OSHA invites interested
parties to participate in an informal
stakeholder meeting concerning the
rulemaking project for OSHA’s Process
Safety Management (PSM) standard, at
which OSHA will provide a brief
overview of its work on the PSM
rulemaking project to date.
Additionally, OSHA invites participants
to provide public comments related to
potential changes to the standard that
OSHA is considering.
DATES: The stakeholder meeting will be
held from 10:00 a.m. to 4:00 p.m. ET, on
Wednesday, September 28, 2022.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:24 Aug 29, 2022
Jkt 256001
Registration to participate in or observe
the stakeholder meeting will be open
until all spots are full. Written
comments must be submitted by
October 28, 2022.
ADDRESSES: Registration: The
stakeholder meeting will be held
virtually on WebEx. If you wish to
attend the meeting or provide public
comment, please register online as soon
as possible at https://www.osha.gov/
process-safety-management/
background/2022stakeholdermtg. If you
are interested in providing public
comments at the meeting, you must
indicate that while registering. In order
to accommodate many speakers, public
commenters will be allowed
approximately three minutes to speak.
Although OSHA welcomes all
comments and seeks to accommodate as
many speakers as possible, it may not be
possible to accommodate all stakeholder
requests to speak at the meeting.
Stakeholders who register to speak in
advance of the meeting will receive
confirmation and a schedule of speakers
via email prior to the event. Those who
cannot attend the meeting and those
who are unable or choose not to make
verbal comments during the meeting are
invited to submit their comments in
writing (see instructions in Section III
below).
Press inquiries: Mr. Frank Meilinger,
Director, OSHA Office of
Communications, Room N–3647, U.S.
Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210;
telephone: (202) 693–1999; email:
meilinger.francis2@dol.gov.
General and technical information:
Ms. Lisa Long, Director, Office of
Engineering Safety, OSHA Directorate of
Standards and Guidance, Room N–3621,
U.S. Department of Labor, 200
Constitution Avenue NW, Washington,
DC 20210; telephone: (202) 693–2222,
email: long.lisa@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
OSHA published the PSM standard,
29 CFR 1910.119,1 in 1992 in response
to several catastrophic chemical-release
incidents that occurred worldwide. The
PSM standard requires employers to
implement safety programs that
identify, evaluate, and control highly
hazardous chemicals. Unlike some of
OSHA’s standards, which prescribe
precisely what employers must do to
comply, the PSM standard is
‘‘performance-based,’’ and outlines 14
1 Section 1910.119 is made applicable to
construction work through 29 CFR 1926.64.
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
management system elements for
controlling highly hazardous chemicals.
Under the standard, employers have the
flexibility to tailor their PSM programs
to the unique conditions at their
facilities. For more information on the
PSM standard, please visit https://
osha.gov/process-safety-management/
background.
Since its publication in 1992, the PSM
standard has not been updated. The
2013 ammonium nitrate explosion at a
fertilizer storage facility in West, Texas
renewed interest in PSM. In response to
this incident, on August 1, 2013,
Executive Order (E.O.) 13650, Improving
Chemical Facility Safety and Security,
was signed. The E.O. directed OSHA
and several other federal agencies to,
among other things, modernize policies,
regulations, and standards to enhance
safety and security in chemical facilities
by completing certain tasks, including:
coordinating with stakeholders to
develop a plan for implementing
improvements to chemical risk
managements practices, developing
proposals to improve the safe and
secure storage handling and sale of
ammonium nitrate, and reviewing the
PSM and Risk Management Plan (RMP)
rules to determine if their covered
hazardous chemical lists should be
expanded. For more specifics on the
Executive Order and OSHA’s
collaboration with other government
agencies and stakeholders, please visit
https://www.osha.gov/chemicalexecutive-order.
Additionally, the E.O. directed that
within 90 days, OSHA should publish a
Request for Information (RFI) to identify
issues related to modernization of its
PSM standard and related standards
necessary to meet the goal of preventing
major chemical accidents. OSHA
published the RFI in December 2013,
and subsequently initiated and
completed a Small Business Advocacy
Review Panel (SBAR) in June 2016.
Following the SBAR panel, PSM was
moved to the Long-Term Actions list on
the Unified Agenda. OSHA has
continued to work on the PSM standard
rulemaking and PSM was placed back
on the Unified Agenda in the spring of
2021. OSHA is holding this stakeholder
meeting to reengage stakeholders and
solicit comments on the modernization
topics mentioned in the RFI and SBAR
panel report, as well as any additional
PSM-related issues stakeholders would
like to raise. The list of modernization
topics is listed below in Section II.
The Environmental Protection Agency
(EPA) has a separate, pending proposal
addressing RMP requirements. In the
Clean Air Act Amendments of 1990,
Congress required OSHA to adopt the
E:\FR\FM\30AUN1.SGM
30AUN1
Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices
PSM standard to protect workers and
required EPA to protect the community
and environment by issuing the RMP
rule. The PSM and RMP rules were
written to complement each other in
accomplishing these Congressional
goals. Since the E.O. 13650, EPA has
published amendments to the RMP rule
in 2017 and 2019. Any comments on the
EPA’s RMP proposal should be
submitted in writing to the docket for
that rulemaking and will not be
discussed during OSHA’s stakeholder
meeting. More information regarding the
RMP rule is available at https://
www.epa.gov/rmp. OSHA and EPA will
continue to coordinate as both agencies
consider revisions to their respective
rules.
khammond on DSKJM1Z7X2PROD with NOTICES
II. Stakeholder Meeting
The meeting will feature a brief
presentation from OSHA on the
background of the PSM standard and
some of the issues outlined in this
notice. After the presentation, there will
be time for registered commenters to
provide verbal comments. PSM
rulemaking topics are outlined in the
lists below, but commenters may
provide feedback on additional PSMrelated issues. More information on
most of the topics in the lists below can
be found in the Small Entity
Representative (SER) Background
Document (docket no. OSHA–2013–
0020–0107) and SER Issues Document
(docket no. OSHA–2013–0020–0108)
located on the PSM SBAR web page,
https://www.osha.gov/process-safetymanagement/sbrefa. The purpose of the
meeting is to gather information from
stakeholders, and OSHA will not be
responding to the comments during the
meeting. The public may also submit
written comments to the rulemaking
docket (see Section III for instructions).
More information on registration is
provided above. The meeting will be
recorded.
The potential changes to the scope of
the current PSM standard that OSHA is
considering include:
1. Clarifying the exemption for
atmospheric storage tanks;
2. Expanding the scope to include oiland gas-well drilling and servicing;
3. Resuming enforcement for oil and
gas production facilities;
4. Expanding PSM coverage and
requirements for reactive chemical
hazards;
5. Updating and expanding the list of
highly hazardous chemicals in
Appendix A;
6. Amending paragraph (k) of the
Explosives and Blasting Agents
Standard (§ 1910.109) to extend PSM
VerDate Sep<11>2014
17:24 Aug 29, 2022
Jkt 256001
requirements to cover dismantling and
disposal of explosives and pyrotechnics;
7. Clarifying the scope of the retail
facilities exemption; and
8. Defining the limits of a PSMcovered process.
The potential changes to particular
provisions of the current PSM standard
that OSHA is considering include:
1. Amending paragraph (b) to include
a definition of RAGAGEP;
2. Amending paragraph (b) to include
a definition of critical equipment;
3. Expanding paragraph (c) to
strengthen employee participation and
include stop work authority;
4. Amending paragraph (d) to require
evaluation of updates to applicable
recognized and generally accepted as
good engineering practices (RAGAGEP);
5. Amending paragraph (d) to require
continuous updating of collected
information;
6. Amending paragraph (e) to require
formal resolution of Process Hazard
Analysis team recommendations that
are not utilized;
7. Expanding paragraph (e) by
requiring safer technology and
alternatives analysis;
8. Clarifying paragraph (e) to require
consideration of natural disasters and
extreme temperatures in their PSM
programs, in response to E.O. 13990;
9. Expanding paragraph (j) to cover
the mechanical integrity of any critical
equipment;
10. Clarifying paragraph (j) to better
explain ‘‘equipment deficiencies’’
11. Clarifying that paragraph (l) covers
organizational changes;
12. Amending paragraph (m) to
require root cause analysis;
13. Revising paragraph (n) to require
coordination of emergency planning
with local emergency-response
authorities;
14. Amending paragraph (o) to require
third-party compliance audits;
15. Including requirements for
employers to develop a system for
periodic review of and necessary
revisions to their PSM management
systems (previously referred to as
‘‘Evaluation and Corrective Action’’);
and
16. Requiring the development of
written procedures for all elements
specified in the standard, and to
identify records required by the
standard along with a records retention
policy (previously referred to as
‘‘Written PSM Management Systems’’).
III. Submitting and Accessing
Comments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. All
comments, attachments, and other
material must identify the agency’s
name and the docket number for this
stakeholder meeting (OSHA–2013–
0020). You may supplement electronic
submissions by uploading document
files electronically. All comments and
additional materials must be submitted
by October 28, 2022. All comments,
including any personal information, are
placed in the public docket without
change and may be made available
online at https://www.regulations.gov.
Therefore, OSHA cautions commenters
about submitting personal information
such as Social Security Numbers and
dates of birth.
To read or download comments or
other material in the docket, go to
https://www.regulations.gov, and search
for docket no. OSHA–2013–0020. All
documents in the docket are listed in
the https://www.regulations.gov index;
however, some information (e.g.,
copyrighted material) is not publicly
available to read or download from this
website. All submissions, including
copyrighted material, are available for
inspection and copying at the OSHA
Docket Office. Contact the OSHA Docket
Office at (202) 693–2350 (TTY (877)
889–5627) for assistance in locating
docket submissions.
Information on using the https://
www.regulations.gov website to submit
comments and access the docket is
available at https://
www.regulations.gov/faq.
Authority and Signature
James S. Frederick, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, 200 Constitution Avenue NW,
Washington, DC 20210, authorized the
preparation of document under the
authority of sections 4, 6, and 8 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657); Secretary
of Labor’s Order No. 08–2020 (85 FR
58393); and 29 CFR part 1911.
Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2022–18614 Filed 8–29–22; 8:45 am]
BILLING CODE 4510–26–P
Regardless of attendance at the
stakeholder meeting, interested persons
may submit written comments
PO 00000
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Fmt 4703
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53021
E:\FR\FM\30AUN1.SGM
30AUN1
]]>Agencies
[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 53020-53021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18614]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0020]
Process Safety Management (PSM); Stakeholder Meeting
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of stakeholder meeting.
-----------------------------------------------------------------------
SUMMARY: OSHA invites interested parties to participate in an informal
stakeholder meeting concerning the rulemaking project for OSHA's
Process Safety Management (PSM) standard, at which OSHA will provide a
brief overview of its work on the PSM rulemaking project to date.
Additionally, OSHA invites participants to provide public comments
related to potential changes to the standard that OSHA is considering.
DATES: The stakeholder meeting will be held from 10:00 a.m. to 4:00
p.m. ET, on Wednesday, September 28, 2022. Registration to participate
in or observe the stakeholder meeting will be open until all spots are
full. Written comments must be submitted by October 28, 2022.
ADDRESSES: Registration: The stakeholder meeting will be held virtually
on WebEx. If you wish to attend the meeting or provide public comment,
please register online as soon as possible at https://www.osha.gov/process-safety-management/background/2022stakeholdermtg. If you are
interested in providing public comments at the meeting, you must
indicate that while registering. In order to accommodate many speakers,
public commenters will be allowed approximately three minutes to speak.
Although OSHA welcomes all comments and seeks to accommodate as many
speakers as possible, it may not be possible to accommodate all
stakeholder requests to speak at the meeting. Stakeholders who register
to speak in advance of the meeting will receive confirmation and a
schedule of speakers via email prior to the event. Those who cannot
attend the meeting and those who are unable or choose not to make
verbal comments during the meeting are invited to submit their comments
in writing (see instructions in Section III below).
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210; telephone: (202) 693-1999; email:
[email protected].
General and technical information: Ms. Lisa Long, Director, Office
of Engineering Safety, OSHA Directorate of Standards and Guidance, Room
N-3621, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202) 693-2222, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
OSHA published the PSM standard, 29 CFR 1910.119,\1\ in 1992 in
response to several catastrophic chemical-release incidents that
occurred worldwide. The PSM standard requires employers to implement
safety programs that identify, evaluate, and control highly hazardous
chemicals. Unlike some of OSHA's standards, which prescribe precisely
what employers must do to comply, the PSM standard is ``performance-
based,'' and outlines 14 management system elements for controlling
highly hazardous chemicals. Under the standard, employers have the
flexibility to tailor their PSM programs to the unique conditions at
their facilities. For more information on the PSM standard, please
visit https://osha.gov/process-safety-management/background.
---------------------------------------------------------------------------
\1\ Section 1910.119 is made applicable to construction work
through 29 CFR 1926.64.
---------------------------------------------------------------------------
Since its publication in 1992, the PSM standard has not been
updated. The 2013 ammonium nitrate explosion at a fertilizer storage
facility in West, Texas renewed interest in PSM. In response to this
incident, on August 1, 2013, Executive Order (E.O.) 13650, Improving
Chemical Facility Safety and Security, was signed. The E.O. directed
OSHA and several other federal agencies to, among other things,
modernize policies, regulations, and standards to enhance safety and
security in chemical facilities by completing certain tasks, including:
coordinating with stakeholders to develop a plan for implementing
improvements to chemical risk managements practices, developing
proposals to improve the safe and secure storage handling and sale of
ammonium nitrate, and reviewing the PSM and Risk Management Plan (RMP)
rules to determine if their covered hazardous chemical lists should be
expanded. For more specifics on the Executive Order and OSHA's
collaboration with other government agencies and stakeholders, please
visit https://www.osha.gov/chemical-executive-order.
Additionally, the E.O. directed that within 90 days, OSHA should
publish a Request for Information (RFI) to identify issues related to
modernization of its PSM standard and related standards necessary to
meet the goal of preventing major chemical accidents. OSHA published
the RFI in December 2013, and subsequently initiated and completed a
Small Business Advocacy Review Panel (SBAR) in June 2016. Following the
SBAR panel, PSM was moved to the Long-Term Actions list on the Unified
Agenda. OSHA has continued to work on the PSM standard rulemaking and
PSM was placed back on the Unified Agenda in the spring of 2021. OSHA
is holding this stakeholder meeting to reengage stakeholders and
solicit comments on the modernization topics mentioned in the RFI and
SBAR panel report, as well as any additional PSM-related issues
stakeholders would like to raise. The list of modernization topics is
listed below in Section II.
The Environmental Protection Agency (EPA) has a separate, pending
proposal addressing RMP requirements. In the Clean Air Act Amendments
of 1990, Congress required OSHA to adopt the
[[Page 53021]]
PSM standard to protect workers and required EPA to protect the
community and environment by issuing the RMP rule. The PSM and RMP
rules were written to complement each other in accomplishing these
Congressional goals. Since the E.O. 13650, EPA has published amendments
to the RMP rule in 2017 and 2019. Any comments on the EPA's RMP
proposal should be submitted in writing to the docket for that
rulemaking and will not be discussed during OSHA's stakeholder meeting.
More information regarding the RMP rule is available at https://www.epa.gov/rmp. OSHA and EPA will continue to coordinate as both
agencies consider revisions to their respective rules.
II. Stakeholder Meeting
The meeting will feature a brief presentation from OSHA on the
background of the PSM standard and some of the issues outlined in this
notice. After the presentation, there will be time for registered
commenters to provide verbal comments. PSM rulemaking topics are
outlined in the lists below, but commenters may provide feedback on
additional PSM-related issues. More information on most of the topics
in the lists below can be found in the Small Entity Representative
(SER) Background Document (docket no. OSHA-2013-0020-0107) and SER
Issues Document (docket no. OSHA-2013-0020-0108) located on the PSM
SBAR web page, https://www.osha.gov/process-safety-management/sbrefa.
The purpose of the meeting is to gather information from stakeholders,
and OSHA will not be responding to the comments during the meeting. The
public may also submit written comments to the rulemaking docket (see
Section III for instructions). More information on registration is
provided above. The meeting will be recorded.
The potential changes to the scope of the current PSM standard that
OSHA is considering include:
1. Clarifying the exemption for atmospheric storage tanks;
2. Expanding the scope to include oil- and gas-well drilling and
servicing;
3. Resuming enforcement for oil and gas production facilities;
4. Expanding PSM coverage and requirements for reactive chemical
hazards;
5. Updating and expanding the list of highly hazardous chemicals in
Appendix A;
6. Amending paragraph (k) of the Explosives and Blasting Agents
Standard (Sec. 1910.109) to extend PSM requirements to cover
dismantling and disposal of explosives and pyrotechnics;
7. Clarifying the scope of the retail facilities exemption; and
8. Defining the limits of a PSM-covered process.
The potential changes to particular provisions of the current PSM
standard that OSHA is considering include:
1. Amending paragraph (b) to include a definition of RAGAGEP;
2. Amending paragraph (b) to include a definition of critical
equipment;
3. Expanding paragraph (c) to strengthen employee participation and
include stop work authority;
4. Amending paragraph (d) to require evaluation of updates to
applicable recognized and generally accepted as good engineering
practices (RAGAGEP);
5. Amending paragraph (d) to require continuous updating of
collected information;
6. Amending paragraph (e) to require formal resolution of Process
Hazard Analysis team recommendations that are not utilized;
7. Expanding paragraph (e) by requiring safer technology and
alternatives analysis;
8. Clarifying paragraph (e) to require consideration of natural
disasters and extreme temperatures in their PSM programs, in response
to E.O. 13990;
9. Expanding paragraph (j) to cover the mechanical integrity of any
critical equipment;
10. Clarifying paragraph (j) to better explain ``equipment
deficiencies''
11. Clarifying that paragraph (l) covers organizational changes;
12. Amending paragraph (m) to require root cause analysis;
13. Revising paragraph (n) to require coordination of emergency
planning with local emergency-response authorities;
14. Amending paragraph (o) to require third-party compliance
audits;
15. Including requirements for employers to develop a system for
periodic review of and necessary revisions to their PSM management
systems (previously referred to as ``Evaluation and Corrective
Action''); and
16. Requiring the development of written procedures for all
elements specified in the standard, and to identify records required by
the standard along with a records retention policy (previously referred
to as ``Written PSM Management Systems'').
III. Submitting and Accessing Comments
Regardless of attendance at the stakeholder meeting, interested
persons may submit written comments electronically at https://www.regulations.gov, which is the Federal eRulemaking Portal. All
comments, attachments, and other material must identify the agency's
name and the docket number for this stakeholder meeting (OSHA-2013-
0020). You may supplement electronic submissions by uploading document
files electronically. All comments and additional materials must be
submitted by October 28, 2022. All comments, including any personal
information, are placed in the public docket without change and may be
made available online at https://www.regulations.gov. Therefore, OSHA
cautions commenters about submitting personal information such as
Social Security Numbers and dates of birth.
To read or download comments or other material in the docket, go to
https://www.regulations.gov, and search for docket no. OSHA-2013-0020.
All documents in the docket are listed in the https://www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Contact the OSHA
Docket Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
Information on using the https://www.regulations.gov website to
submit comments and access the docket is available at https://www.regulations.gov/faq.
Authority and Signature
James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW, Washington, DC 20210, authorized the
preparation of document under the authority of sections 4, 6, and 8 of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 08-2020 (85 FR 58393); and 29 CFR
part 1911.
Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-18614 Filed 8-29-22; 8:45 am]
BILLING CODE 4510-26-P
