SERC-TERC Update: June 2024
Regulatory and Policy Information Related to Chemical Safety & Security
Department of Labor Finalizes Rule Updating the Hazard Communication Standard
The Department of Labor announced a final rule from its Occupational Safety and Health Administration (OSHA) that will update the current Hazard Communication Standard to better protect workers by improving the amount and quality of information on labels and safety data sheets and allow workers and first responders to react more quickly in an emergency. The updates take effect on July 19, 2024.
Aligned primarily with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals, the updated standard will require labels on small packaging to be more comprehensive and readable and makes changes to help ensure trade secrets no longer prevent workers and first responders from receiving critical hazard information on safety data sheets.
Workers will also benefit from other changes in the updated standard, including a clearer hazard classification process to provide more complete and accurate hazard information on labels and safety data sheets; updated physical hazard classes to better inform users on safe handling of explosives, aerosols and chemicals under pressure; and updated precautionary statements on how to safely handle, store and dispose of hazardous chemicals. The final rule also addresses issues that arose since the implementation of the 2012 standard and improves alignment with other federal agencies and Canada.
Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances
On May 8, 2024, EPA published a Final Rule: Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS), and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) section 102. The main section of this document is updated to include entries for PFOA and PFOS indicating the Reportable Quantity (RQ) of one pound (lb). In addition, Appendices H and I include the list of salts and isomers of PFOA and PFOS in CAS number and alphabetical order. The list currently includes 98 chemicals. EPA’s CompTox Chemicals Dashboard is a resource that can be used to identify salts and structural isomers of PFOA and PFOS. EPA periodically updates the CompTox Chemicals Dashboard to include new information on PFAS, including PFOA and PFOS. This list also includes ions as they have their own CASRN. Note: The list could change as the chemicals included on the CompTox Chemicals Dashboard are expanded or otherwise are modified. Such changes will be noted and curated in a transparent manner. Please also see EPA's updated List of Lists.
CERCLA designation will help protect public health and the environment from potentially harmful exposure to these chemicals and will provide tools to hold polluters accountable. Designation enables cost recovery and enforcement authorities to address PFOA and PFOS releases, which ensures that the polluters pay for investigations and cleanup. Designation will enable EPA (and other agencies with delegated CERCLA authority) to address more sites, take earlier action, and expedite eventual cleanup. It will also improve transparency around releases of these harmful chemicals.
The rule requires entities to immediately report releases of PFOA and PFOS that meet or exceed the reportable quantity to the National Response Center, state or Tribal emergency response commission, and the local or Tribal emergency planning committee (local emergency responders). Entities do not need to report past releases of PFOA or PFOS following the requirements of CERCLA section 103 and 111(g) or EPCRA section 304 if they are not continuing as of the effective date of the rule.
Other provisions require federal entities that transfer or sell their property to notify about the storage, release, or disposal of PFOA or PFOS on the property and include a covenant (commitment in the deed) warranting that it has cleaned up any resulting contamination or will do so in the future, if necessary, as required under CERCLA 120(h). Section 306 of CERCLA requires Department of Transportation to list and regulate these substances as hazardous materials under the Hazardous Materials Transportation Act.
Please visit this webpage for more information on the rulemaking.
U.S. Chemical Safety Board Applauds New National Fire Protection Association Guidance to Prevent Fires and Explosions Involving Hazardous Materials
In December 2023, the NFPA published NFPA 401, Recommended Practice for the Prevention of Fires and Uncontrolled Chemical Reactions Associated with the Handling of Hazardous Waste,” which went into effect on December 21, 2023. The NFPA developed the new recommended practices in response to recommendations issued by the CSB in several investigations of fires and explosions involving hazardous materials. Please visit CSB's website for more information.
Hot Topics
CAMEO Chemicals 3.1.0 Software Update Released
CAMEO Chemicals is available as a website, mobile website, desktop program, and an app for iOS and Android mobile devices.
This 3.1.0 release includes updated data, in particular the newly released 2024 Emergency Response Guidebook (ERG) data (including the ERG response guide PDFs in English, French, and Spanish) and the EPA regulatory data in the May 2024 Consolidated List of Lists.
Additionally, an address search feature was added to the mapping tool that plots initial isolation and protective action distances from the ERG. The map can be accessed from any UN/NA datasheet that has the ERG Table 1 (or Table 3) values from the green section. (This map feature is similar to the one that had previously been available in WISER.)
BNSF Railway Hazardous Materials Training and Information
- BNSF Hazmat Response and Preparedness Webinar—On June 19th at 1100 CDT, BNSF will host a webinar that will focus on preplanning and the initial size up of a railroad hazmat emergency.
- Virtual-Reality Web-Based Training (WBT)—Two new virtual-reality web-based trainings (WBT) are available for free: Initial Incident Size-Up and Reading a Train List. These 20-minute WBTs provide responders with information which will lead to a safe and efficient response.
- Instructor-Led Training—BNSF Hazmat continues to conduct, upon request, instructor-led hazmat training for first responders in communities along our railroad.
- Scholarships to Security and Emergency Response Training Center (SERTC) in Pueblo, CO—BNSF still provides scholarships to cover the tuition to railroad emergency response training at the industry’s SERTC in Pueblo, CO. To learn about SERTC go to www.sertc.org.
To register for one of these training opportunities go to www.bnsfhazmat.com and select the Community Responders Tab.
ASKRAIL —The ASKRAIL app provides responders at no cost with immediate access to accurate, timely data about what type of hazardous materials are in a specific rail car or on a train so they can make an informed decision about how to respond to a rail emergency. AskRail also has desktop and web-based versions available for local Emergency Communication Centers (ECC) that can be used to provide responders with this necessary hazmat car and train information. For onboarding and assistance integrating AskRail with your ECC, please contact Railinc at (877) 724-5462 or support@askrail.us. Get more information about the AskRail app here: www.askrail.us.
BNSF Hazardous Materials Traffic Flow Reports—BNSF also provides hazardous materials traffic flow reports to fire departments and emergency managers. These reports provide a listing of the hazardous materials that BNSF transported through a city or county over the last 12 months. To request a hazardous materials traffic flow report please go to www.bnsfhazmat.com and select the Community Responder Tab.
BNSF’s System Emergency Response Plan—A copy of BNSF’s System Emergency Response Plan is available for your review and use through www.bnsfhazmat.com. Part of our System Emergency Response Plan is BNSF’s Incident Management Team (IMT). Our IMT allows for the mobilization of resources at varying levels as dictated by incident circumstances. BNSF’s IMT maintains a large group of well-trained personnel to lead and assist with emergency response incidents and is comprised of a local or state IMT, a Regional Away Team, and a Corporate Crisis Management Team (known as a “Go-Team”).
Ten Months Since Lapse in CFATS Reauthorization
It has now been more than ten 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. CFATS worked with high-risk facilities to ensure that their dangerous chemicals stayed out of the hands of bad actors. Now, CISA can no longer require these facilities to implement cyber and physical security measures to secure these dangerous chemicals. To comply with CFATS, facilities on average improved their security posture by nearly 60%. Since the lapse in CFATS, it is very likely that security has not been maintained and gaps in security have occurred, putting the communities around those facilities at a greater risk. CISA urges Congress to reauthorize CFATS.
Training Opportunities and Conferences
CAMEO for Planning
Understand the hazardous material threat in your jurisdiction. Experienced instructors will train
you how to use the Computer Aided Management of Emergency Operations (CAMEO) Suite software to facilitate planning for hazardous material incidents. This training focuses on CAMEO Data Manager (DM), CAMEO Chemicals, and MARPLOT. Find more information.
Ammonia Safety & Training Institute presents Safety Day training and chemical Tabletop Exercises available to local industry and community responders
Event schedule updated regularly on ASTI website at www.ammonia-safety.com.
For a current list of events: Event Schedule
Contact ASTI via email at asti@ammonia-safety.com or call 831-761-2935 for more information.