SERC-TERC Update: January 2024
Mention of non-EPA documents, presentations, training opportunities and conferences does not constitute an U.S. EPA endorsement of their contents, only an acknowledgment that they exist and may be relevant to the SERC-TERC audience.
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Regulatory and Policy Information Related to Chemical Safety & Security
Department of Labor Seeks to Expand, Establish Protections for Today's Emergency Response Workers
OSHA will publish a proposal in January 2024 to update an existing standard and expand safety and health protections for emergency responders, including firefighters, emergency medical service providers and technical search and rescue workers. OSHA will issue a Notice of Proposed Rulemaking to modernize the agency's "Fire Brigades" standard — first published in 1980 — as its protections for a narrow set of industrial and private firefighters have become outdated.
Currently, OSHA regulations protect emergency responders' safety and health in a patchwork of decades-old, hazard-specific standards. Not designed as comprehensive emergency response standards, they fail to address the full range of job hazards faced by today's emergency responders. The newly named "Emergency Response" standard updates safety and health protections in line with national consensus standards for a broad range of workers exposed to hazards that arise during and after fires and other emergencies. The proposal will include major changes for protective clothing and equipment and significant improvements in safety and health practices that the industry generally accepts as standard procedures.
The proposed rule requires employers to obtain baseline medical screening for all emergency responders and ensure continued medical surveillance for responders when they are exposed to the byproducts of fires and explosions more than 15 times annually. The proposal also includes a variety of other requirements to better protect both workers whose primary job is emergency response and those whose emergency response duties are in addition to their regular daily work duties.
Learn more about OSHA's Emergency Response Rulemaking. The public can submit comments to the docket once the Federal Register formally publishes the proposed rule.
EPA’s New Meaningful Involvement Policy - Call for Public Comment
The U.S. Environmental Protection Agency's Meaningful Involvement Policy provides guidance for EPA teams on meaningfully involving the public in the Agency’s regulatory and program decisions. This policy updates EPA’s 2003 Public Involvement Policy. On November 16, 2023, EPA announced the release of the draft policy, “Achieving Health and Environmental Protection Through EPA’s Meaningful Involvement Policy,” for a 60-day public comment period.
The purpose of the new Policy is to promote an EPA-wide approach to meaningful involvement that can be tailored for program and regional needs. The Policy is posted via a Federal Register Notice and is available for public comment until January 16, 2024. Instructions for submitting comments and other instructions are on the Federal Register.
EPA will be hosting public informational webinars.
FEMA Seeks Feedback on Draft "Climate Adaptation Planning" Guide
FEMA is seeking feedback on the draft guide “Climate Adaptation Planning for Emergency Managers.” The guide helps emergency managers incorporate climate adaptation into emergency management planning efforts and the structure is designed to walk state, local, tribal, and territorial partners through the Six Step Planning Process, as identified in “Comprehensive Preparedness Guide 101: Developing and Maintaining Emergency Operations Plans.” The guide also highlights existing climate mapping tools and potential funding resources.
FEMA will host a series of 60-minute webinar sessions to provide an overview of the draft guide and gather feedback from whole community partners. The sessions will include facilitated discussions with stakeholders to help improve the existing draft. FEMA seeks input -- especially real-world case studies -- that can be incorporated into the guide. In addition, a line-numbered version of the draft guide is available to allow individuals to provide comments on specific areas within the document. This national engagement period will conclude on February 9, 2024.
To review the document and learn more about the webinar sessions, please visit the FEMA website at www.fema.gov/plan.
CFATS Lapse in Statutory Authorities Impacts
It has now been more than five months since Congress allowed the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program (6 CFR Part 27) to expire on July 28, 2023. Therefore, CISA cannot enforce compliance with the CFATS regulations at this time. This means that CISA will not require facilities to report their chemicals of interest or submit any information in the Chemical Security Assessment Tool (CSAT), perform inspections, or provide CFATS compliance assistance, amongst other activities.
The current impacts to our nation’s chemical security, the 3,200 facilities previously designated as high-risk, and the communities surrounding these locations include:
- CISA has not received information on dangerous chemicals from more than 200 chemical facilities, meaning the locations of dangerous chemical may be unknown to CISA and local first responders.
CISA cannot inspect high-risk sites, meaning more than 750 facilities have not been inspected. On average, 35% of inspections turn up security gaps, meaning that more than 260 facilities currently have security gaps that CISA has been unable to identify and work with to prevent bad actors from exploiting.
Previously, more than 90% of CFATS visits ensured outreach with law enforcement and local fire department. CISA can no longer require these important relationships to ensure critical information sharing and preparedness.
CISA cannot require the implementation of cyber and physical security measures, nor can CISA assess the risk to these facilities. On average, facilities improve their security posture by nearly 60% to comply with CFATS. - CISA has not conducted terrorist vetting for around 45,000 personnel who have gained access to dangerous chemicals—that’s 9,000 names each month going unvetted. Over the lifespan of the Personnel Surety Program, CISA has identified more than 10 individuals with possible ties to terrorism. Given that rate of vetting, CISA would have likely identified an individual with or seeking access to dangerous chemicals as a known or suspected terrorist in the last four months.
Without CFATS, our tools to lessen the risk of such an attack are now limited. With the expiration of CFATS authorities, we have lost vital safeguards that were created to protect Americans from incidents of chemical terrorism.
Hot Topics
Tier2 Submit and CAMEO Data Manager Software Updates Released
The official versions of Tier2 Submit 2023 and CAMEO Data Manager 4.3.0 for report year 2023 are now available on the EPA website. See the download pages for a list of specific changes in each program.
For questions, review the help topics in the programs or contact the RMP Reporting Center via email (RMPRC@epacdx.net) or phone (703-227-7650) on weekdays from 8 AM to 4:30 PM Eastern Time. A Tier2 Submit tutorial is also provided on the download page.
For more details and to subscribe for future updates, see the official Tier2 Submit and CAMEO Data Manager release announcement that was sent to the CAMEO News Service subscribers.
FEMA Releases 2023 National Preparedness Report
FEMA released the 2023 National Preparedness Report, highlighting the state of the nation’s preparedness at all levels of government while examining the risks the nation faces and the capabilities available to address them. With the cost and frequency of disasters increasing markedly over previous decades, emergency managers must continue to adapt, forge new partnerships, and anticipate challenges to help individuals and communities.
Climate change continues to increase the frequency and severity of weather, which compounds the challenges that emergency managers face in addressing an increasingly complex risk environment. The report highlights how to adapt and forge new partnerships to face those challenges and achieve a more prepared nation.
This year’s report provides a data-driven picture of national preparedness and emergency management trends with focused discussions on four core capabilities:
- Fire Management and Suppression.
- Logistics and Supply Chain Management.
- Public Health, Healthcare, and Emergency Medical Services.
- Long-Term Vulnerability Reduction.
This year’s report provides concrete recommendations that partners and stakeholders across the whole community can take to increase the nation’s resilience.
To read the full report, go to fema.gov/emergency-managers/national-preparedness#reports.
CSB Releases Final Investigation Report for Fatal Dust Explosion and Fire at Didion Milling Facility in Cambria, Wisconsin
The U.S. Chemical Safety and Hazard Investigation Board (CSB) released its final report into the deadly explosions and fires at the Didion Milling, Inc. (Didion) dry corn milling facility in Cambria, Wisconsin. The explosion occurred in May 2017, and fatally injured five employees and seriously injured another 14. The incident also ultimately destroyed the facility, resulting in over $15 million in property damage.
As a result of its findings the CSB is issuing more than a dozen recommendations to Didion, the National Fire Protection Association (NFPA), and OSHA. Please visit the CSB website at www.csb.gov. For more information, contact Communications Manager Hillary Cohen at Hillary.Cohen@csb.gov.
CSB Releases Final Report into 2021 Fatal Liquid Nitrogen Release at Foundation Food Group Facility in Georgia
CSB released its final investigation report into a liquid nitrogen release at the Foundation Food Group (FFG) facility in Gainesville, GA, on January 28, 2021, that fatally injured six workers. The CSB’s final report identifies a number of equipment and process failures at the facility and issues a dozen recommendations to various entities, including the current owner of the facility, OSHA, and two standard-setting organizations.
The CSB’s twelve safety recommendations are directed toward several entities, including the current facility owner, the manufacturer of the freezer, the Occupational Safety and Health Administration (OSHA), an industry trade association, and two standard-setting organizations. Please visit the CSB website at www.csb.gov. For more information, contact Communications Manager Hillary Cohen at Hillary.Cohen@csb.gov.
CSB Releases Final Report into Fatal 2019 Explosion and Fire at KMCO Chemical Facility
CSB released its final report into the fatal explosion and fire at the KMCO production facility in Crosby, Texas. On April 2, 2019, KMCO was producing sulfurized isobutylene as a lubrication additive. The explosion and fire occurred after isobutylene leaked from a fracture in a segment of piping and formed a flammable vapor cloud, which ignited.
Following the April 2, 2019, incident, KMCO filed for bankruptcy, and the company is no longer in business. Altivia Oxide Chemicals, LLC (Altivia) purchased the Crosby, Texas, facility in 2020 and informed the CSB that the process involved in the incident would be dismantled. As a result, the CSB is not issuing recommendations with this report. Please visit the CSB website at www.csb.gov. For more information, contact Communications Manager Hillary Cohen at Hillary.Cohen@csb.gov.
CSB Releases Final Report into Fatal 2020 Oil and Gas Well Blowout in Burleson County, Texas
CSB released its final investigation report into the fatal January 29, 2020, well blowout at the Daniel H. Wendland 1-H well (“Wendland well”), in Burleson County, Texas. Three workers suffered fatal burn injuries from a flash fire that erupted when hydrocarbons from the well ignited, and a fourth worker was seriously burned but survived. The CSB’s final report found that the lack of effective well control practices, including well barriers, contributed to the incident, along with the absence of regulations governing onshore oil and gas operations.
The CSB is issuing recommendations to the U.S. Occupational Safety and Health Administration, the American Petroleum Institute, and Chesapeake. Please visit the CSB website at www.csb.gov. For more information, contact Communications Manager Hillary Cohen at Hillary.Cohen@csb.gov.
EPA Region 1: EPCRA Tier II Reporting Webinar Series
In January and February 2024, EPA's Region 1 office will provide software demonstrations and Q&A Sessions on Emergency Planning and Community Right-to-Know (EPCRA) requirements in New England. These webinars, led by Len Wallace, will provide a live demonstration of EPA’s new Tier2 Submit reporting software and answer questions from attendees. A representative from each New England state will provide additional information on state-specific requirements. State Tier II reporting requirements and procedures.
These free webinars are an opportunity to learn about your facility's planning and reporting obligations under EPCRA. We hope you will take advantage of this opportunity to understand the EPCRA reporting process. Complying with EPCRA requirements helps ensure that local community residents and first responders are protected from exposure to hazardous materials. More about EPCRA.
2024 Tribal Assistance Coordination Group
Click here for more information.
Ammonia Safety & Training Institute presents Safety Day training and chemical Tabletop Exercises available to local industry and community responders
- ASTI formed the National Safety Day Coalition together with IIAR, RETA, and GCCA to present safety and emergency response preparedness training at minimal cost to the attendees.
- ASTI worked with Region 9 EPA to create ammonia Tabletop Exercises based upon the One Plan four stages of response; focused on engaging local, state, and federal emergency response plans.
- ASTI organizes and leads a local committee of industry, public safety, and governmental leaders to create Safety Day presentations and Tabletop Exercises.
- Sample topics include: hazard analysis, health & safety concerns, critical task readiness, e.g., emergency system control, rapid “grab and go” rescue by first responders, and methods of containment and control of ammonia events using proper methods e.g., personnel protective equipment, decontamination, teaming agreement with public safety responders, monitoring systems, and command team coordination and communications readiness to address on-site and off-site life safety and environmental receptors.
More Information
Environmental Protection Agency / Department of Homeland Security & US Coast Guard
Department of Labor & Occupational Safety and Health Administration
Department of Transportation / Bureau of Alcohol, Tobacco, Firearms and Explosives/ Department of Agriculture