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Section 6 - Policy, Regulation, and Standards Modernization

Introduction and Background

Section 6(a) requires the working group to: i) within 90 days, develop options for improved chemical facility safety and security that identify improvements to existing risk management practices through agency programs; (ii) within 90 days of developing the options, 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, develop a plan for implementing the practical and effective improvements to chemical risk management that the agencies identified.

Section 6(b) requires the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of Agriculture to develop a list of potential regulatory and legislative proposals to improve the safe and secure storage, handling, and sale of ammonium nitrate (AN) and identify ways in which AN safety and security can be enhanced under existing authorities. EPA and ATF also joined in this effort.

Section 6(c) requires OSHA to, within 90 days, review its Process Safety Management (PSM) standard and EPA to review its Risk Management Plan (RMP) standard to determine if the standards can and should be expanded to address additional regulated substances and types of hazards. In addition, §6(c) requires OSHA and EPA to develop a plan, including a timeline and resource requirements, to expand, implement, and enforce PSM and RMP in a manner that addresses the additional regulated substances and types of hazards.

Section 6(d) requires NPPD to identify, within 90 days, a list of chemicals, including poisons and reactive substances, that should be considered for addition to the Chemical Facility Anti-Terrorism Standards (CFATS) chemicals-of-interest list.

Section 6(e) requires OSHA to, within 90 days: i) identify any changes that need to be made in the retail exemption and maximum commercial grade interpretation in the PSM standard; and ii) publish an RFI on modernizing its PSM standard and related standards. OSHA published its RFI in the Federal Register on December 9, 2013 (see Section 6(e) - Request for Information section below for details). EPA plans to publish its own RFI in order to identify what steps could be taken to modernize key policies and regulations to enhance the RMP rule. OSHA will consider comments received through the RFI, as well as known issues, in deciding whether to pursue rulemaking to amend the PSM standard, as well as developing changes to enforcement policies in regard to the retail exemption and maximum commercial grade interpretation, and modernizing other standards.

Section 6(e) Request for Information

Submitting Comments

OSHA has extended the comment period until March 31, 2014

DATES: Submit comments and additional material on the Request for Information by March 10, 2014. All submissions must bear a postmark or provide other evidence of the submission date. The following section describes the available methods for making submissions.

ADDRESSES: Submit comments and additional materials by any of the following methods:

Electronically: Submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for making electronic submissions.

Facsimile: OSHA allows facsimile transmission of comments and additional material that are 10 pages or fewer in length (including attachments). Send these documents to the OSHA Docket Office at (202) 693-1648. OSHA does not require hard copies of these documents. Instead of transmitting facsimile copies of attachments that supplement these documents (for example, studies, journal articles), commenters must submit these attachments to the OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210. These attachments must identify clearly the sender's name, the date, subject, and docket number (OSHA-2013-0020) so that the Docket Office can attach them to the appropriate document.

Regular mail, express mail, hand delivery, or messenger (courier) service: Submit comments and any additional material (for example, studies, journal articles) to the OSHA Docket Office, Docket No. OSHA-2013-0020 or RIN 1218-AC82, Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is (877) 889-5627.) Contact the OSHA Docket Office for information about security procedures concerning delivery of materials by express mail, hand delivery, and messenger service. The hours of operation for the OSHA Docket Office are 8:15 a.m. to 4:45 p.m., e.t.

Instructions: All submissions must include the Agency's name and the docket number for the Request for Information (that is, OSHA-2013-0020). OSHA will place comments and other material, including any personal information, in the public docket without revision, and these materials will be available online at http://www.regulations.gov. Therefore, OSHA cautions commenters about submitting statements they do not want made available to the public and submitting comments that contain personal information (either about themselves or others) such as Social Security numbers, birth dates, and medical data.

If you submit scientific or technical studies or other results of scientific research, OSHA requests (but is not requiring) that you also provide the following information where it is available: (1) identification of the funding source(s) and sponsoring organization(s) of the research; (2) the extent to which the research findings were reviewed by a potentially affected party prior to publication or submission to the docket, and identification of any such parties; and (3) the nature of any financial relationships (e.g., consulting agreements, expert witness support, or research funding) between investigators who conducted the research and any organization(s) or entities having an interest in the rulemaking and policy options discussed in the RFI.  Disclosure of such information is intended to promote transparency and scientific integrity of data and technical information submitted to the record. This request is consistent with Executive Order 13563, issued on January 18, 2011, which instructs agencies to ensure the objectivity of any scientific and technological information used to support their regulatory actions.  OSHA emphasizes that all material submitted to the record will be considered by the Agency if it engages in rulemaking.

Docket: To read or download submissions or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. The http://www.regulations.gov index lists all documents in the docket. However, some information (e.g., copyrighted material) is not available publicly to read or download through the Web site. All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions.

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; e-mail: meilinger.francis2@dol.gov.

General and technical information: Ms. Lisa Long, Director, Office of Engineering Safety, OSHA Directorate of Standards and Guidance, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC, 20210; telephone: (202) 693-2222; email: long.lisa@dol.gov

Ammonium Nitrate


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