Changes to PSM Standard: Executive Order 13650
(29 CFR 19.119)
Join us for a complimentary Changes to PSM Standard: EO 13650 Webinar Series focusing on related topics, including:
- Overview of EPA's RMP RFI
July 15, 2014, 10 am CDT
- RMP OCA, ERP and Communication Issues
August 28, 2014 / 10:00 am CDT
RMP Prevention Program Changes
September 04, 2014 / 10:00 am CDT
- Inherent Safety and Plant Design Impacts
September 11, 2014 / 10:00 am CDT
- The "Safety Case" Regulatory Model - Pros and Cons
September 16, 2014 / 10:00 am CDT
- Streamline RMP Requirements
September 25, 2014 / 10:00 am CDT
- Developing RMP RFI Comments
October 02, 2014 / 10:00 am CDT
- How to Participate in a SBREFA Assessment
October 16, 2014 / 10:00 am CDT
As a result of perceived poor industry process safety performance over the past decade, and due to recent notable accidents (West, TX and Richmond, CA), the White House issued Executive Order 13650 - Improving Chemical Facility Safety and Security on August 1, 2013. The EO set up an OSHA/EPA/DHS Working Group to develop action plans over the next six months to find ways to:
- Improve operational coordination with States, Tribes and local partners
- Enhance information collection and sharing
- Modernize regulations, guidance and policies
- Identify best practices in chemical facility safety and security
OSHA has initiated a new PSM rulemaking effort, starting with a Request for Information (RFI) published in the Federal Register on December 9, 2013. This RFI is requesting input from all stakeholders on ideas to improve the PSM standard including the following areas:
- Clarifying or eliminating some PSM exemptions (e.g., atmospheric storage tanks, retail facilities, oil and gas well drilling/servicing and production facilities)
- Expanding PSM coverage and requirements for reactivity hazards
- Updating the list of Highly Hazardous Chemicals in Appendix A of the PSM Standard
- Revising the PSM Standard to require additional management system elements
- Clarifying the PSM Standard by adding a definition for Recognized And Generally Accepted Good Engineering Practice (RAGAGEP)
- Expanding the Mechanical Integrity element to cover any safety-critical equipment
- Management of organizational changes
- Coordination of emergency planning with Local Emergency Response Authorities
- Third-party compliance audits
What Could Executive Order 13650 Mean to Industry?
These potential changes could significantly increase the regulatory compliance burden/risk for many chemical, petrochemical, oil and gas, and related industries/facilities by increasing:
- Number of covered facilities
- Number of covered processes in existing PSM facilities
- Workload for existing PSM covered processes
Following the 90-day RFI comment deadline, OSHA is likely to take several months to analyze the inputs they get before issuing a Notice of Proposed Rulemaking to propose an "improved" PSM standard. The rulemaking process could be complete within 18 months.
Be Involved and Prepare
The EO Working Group is holding a series of public "listening sessions" around the country through the end of January. The first two were held in Texas City on November 5 and Washington D.C. on November 14.
Upcoming EO Working Group Listening Sessions:
- January 8, 2014 - Sacramento, California
- January 10, 2014 - Los Angeles, California
- January 14, 2014 - Washington, D.C.
- January 24, 2014 - Houston, TX
These offer opportunities prior to and outside of the OSHA PSM RFI process for stakeholders to provide opinions on how best to improve chemical facility safety and security. For more information on the listening events, visit www.govevents.com.
Regardless of attendance, interested persons may submit comments to the DHS Docket Office, Docket No. DHS-2013-0075, Technical Data Center, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Comments will also be accepted by email at: firstname.lastname@example.org or through the Federal eRulemaking Portal at http://www.regulations.gov.
How ABS Consulting Can Help
ABS Consulting was involved with several industry groups during the original PSM and RMP rulemakings and has written many industry PSM/RMP compliance and process safety effective practices guidelines. ABS Consulting has been integral in assisting industry and other stakeholders to understand and determine cost-effective compliance solutions, including leading national PSM/RMP rollout workshops and RMP public communication efforts.
ABS Consulting has prepared briefing presentations on the EO and the OSHA PSM RFI to address:
- How could the rules change?
- What does it mean to industry?
- What are some ways to engage with the EO Working Group and regulatory agencies to ensure sensible, effective improvements in the regulatory regime?
- What are some things you can do now to lessen the impact and improve process safety?
For more information...
For more information on the EO or the OSHA PSM RFI, or if you would be interested in having ABS Consulting present a briefing to your organization, either face-to-face or via webinar, please contact Steve Arendt, Vice President, North America Process Industries, at (281) 673-2914 or email@example.com.
OR submit a question or request and we'll get back to you...