SERC-TERC Update: September 2023
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
Amendments to the Revised Definition of “Waters of the United States”
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. Additional information is available on EPA’s Waters of the United States website.
The conforming rule will become effective upon publication in the Federal Register. Please see the Rule Status and Litigation Update page for information about the status of the January 2023 Rule, as amended by this conforming rule, and litigation.
PHMSA/FRA Suspend Authorization for Rail Transport of LNG
PHMSA, in coordination with FRA, is suspending recent amendments to the Hazardous Materials Regulations (HMR; 49 CFR parts 171–180) authorizing transportation of "Methane, refrigerated liquid," commonly known as liquefied natural gas (LNG) in DOT–113C120W9 specification rail tank cars while it conducts a thorough evaluation of the HMR’s regulatory framework for rail transportation of LNG in a companion rulemaking under Regulatory Identification Number 2137–AF54, and determines whether any modifications are necessary. See the final rule for full details
CFATS Lapse in Statutory Authorities
As of July 28, 2023, Congress has allowed the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program (6 CFR Part 27) to expire. 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 CSAT, perform inspections, or provide CFATS compliance assistance, amongst other activities. CISA can no longer require facilities to implement their CFATS Site Security Plan or CFATS Alternative Security Program. If CFATS is reauthorized, CISA will follow up with facilities in the future.
CISA encourages facilities to maintain security measures. CISA’s voluntary ChemLock resources are available at cisa.gov/ChemLock.
Hot Topics
2022 Toxics Release Inventory (TRI) Preliminary Data Available
Preliminary TRI data for 2022 are now available. These data cover chemical waste management, including releases, and pollution prevention activities that occurred during 2022 at more than 20,000 industrial and federal facilities across the country. You can use the preliminary data to locate facilities that reported to TRI for 2022 and learn which chemicals those facilities managed as waste and in what quantities. The 2022 preliminary data will be updated periodically in September to reflect any revisions and late submissions from facilities. Access the preliminary data via the TRI website.
Now Available: Handbook on Indicators of Community Vulnerability to Extreme Events: Considering Sites and Waste Management Facilities
The EPA released a handbook titled, “Indicators of Community Vulnerability to Extreme Events: Considering Sites and Waste Management Facilities.” This handbook provides steps for developing indicators to identify local areas and communities that may be vulnerable to accidental releases of hazardous substances during extreme events. By mapping contaminated sites/waste management facilities, potential extreme events, local environmental conditions, and characteristics of the population in the surrounding community, this information may be used to improve local decisions and planning (e.g., adaptation, mitigation, resilience, response).
It is designed to support state and local decision-makers in developing and prioritizing targeted mitigation, adaptation, resilience, and response strategies to prepare for and prevent potentially negative health and
environmental outcomes from accidental contaminant releases from contaminated sites/waste management facilities. Find the Handbook and more information here.
OSHA Fatal Facts: Confined Space Fire
OSHA has released a Fatal Facts document about a confined space fire. Two contract workers died of smoke inhalation and multiple blunt-force injuries during maintenance work on the inner walls of a connected pair of pulp bleaching towers at a paper mill. Access the document here.
CSB Calls on Chemical Companies to Prepare for Harsh Hurricane Season
Following the National Oceanic and Atmospheric Administration’s (NOAA) recent outlook predicting “above average” activity for the remainder of the 2023 Atlantic hurricane season., the U.S. Chemical Safety and Hazard Investigation Board (CSB) is urging the chemical industry to act now to prepare for potentially more frequent and more powerful hurricanes and other extreme wind events in the months ahead. Find more information here.
2023 Chemical Security Summit Complete
The Cybersecurity and Infrastructure Security Agency hosted the 2023 Chemical Security Summit virtually and in-person from August 29-31 in Arlington, Virginia.
- Participants from across the spectrum of sectors that deal with chemical security—including industry organizations, facility owners and operators, government officials, first responders, and law enforcement—attended the Summit to share perspectives and lessons learned, receive updates on continued threats, and engage in dialogue regarding chemical security.
- Select presentations from the 2023 Summit will be available in the coming weeks at the Chemical Security Summit webpage.
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