1. Lowell Randel Global Cold Chain Alliance/ International Institute of Ammonia Refrigeration

4.  Order signed August 2013  Response to West, Texas accident  Effort being led by DHS, OSHA and EPA  High priority for Obama Administration

5.  Improve operational coordination with state and local partners  Enhance Federal agency coordination and information sharing  Modernize policies, regulations and standards  Work with stakeholders to identify best practices

6.  Reviewing existing programs  Identifying policy considerations  OSHA RFI on Process Safety Management  Potential implications for EPA Risk Management Programs (RMP)  Chemical Facility Anti-Terrorism Standards (CFATS) Program

9.  As part of implementing Executive Order, OSHA published RFI on potential changes to Process Safety Management regulations  Illustrates thinking about OSHA policy direction ◦ Not all proposals directly linked to “West, Texas”  Changes would require formal rulemaking – lengthy process

10.  Adding new management system elements  Definition and policies surrounding RAGAGEP  Expanding Mechanical Integrity element  Expanding Management of Change  Revised requirements on coordinating with first responders  Requiring 3 rd party audits

11.  Requiring specific metrics conflicts with performance based standards  Many “metrics” already covered through Employee Participation element  Need to coordinate between PSM and RMP

12.  Because performance based, facilities must have flexibility to establish their RAGAGEP  Management of Change and Process Hazard Analysis sufficient to require evaluation of needs  Challenges for “grandfathered” facilities

13.  May help facilities better understand requirements  May reduce misapplication of inappropriate standards  Should include methods and “whys”, but not restrict facility flexibility  Questions about role of manufacturers recommendations

14.  Must clearly define “safety critical”  Could require changes to many PSM plans

15.  Must clearly define what organizational changes apply  Should not include simple personnel changes or replacements in kind  Elimination of certain positions could apply

16.  Coordination is important – already required by RMP  Linked to elements such as HazCom, HAZWOPER and Emergency Action  New PSM requirement not necessary  Facility best efforts don’t guarantee cooperation by responders

17.  Audits in general are good tools for safety  Defining “third party” important  Representatives from corporate or other company facilities should be allowed  Could disadvantage small businesses  Question about mandating increased frequency

18.  Coalition response to RFI  Meetings held with OSHA to discuss issues and concerns  Next step is SABREFA Panel – likely in summer 2015  Proposed Rule not expected in 2015

20.  As part of implementing Executive Order, EPA published RFI on potential changes to Risk Management Program regulations  Some similarities to OSHA PSM RFI, but broader and more detailed ◦ 113 pages ◦ Over 300 questions  Changes would require formal rulemaking – lengthy process

21.  Updating list of regulated substances  Requiring additional management system elements  Evaluation of updates to RAGAGEP  Defining RAGAGEP  Expanding Mechanical Integrity  Expanding Management of Change  Requiring coordination with first responders  Requiring third party audits

23.  Potentially requiring Inherently Safer Technology (IST) assessments  Incorporation into Process Hazard Analysis (PHA)  Implementation “where feasible”  Suggesting involvement of local communities  Assessments can be very costly  Previous attempts to require assessments and mandatory adoption of results

24.  Requiring regulated facilities to perform exercises or drills as part of emergency response program section of RMP

25.  Require monitors or detectors for RMP regulated substances  Automated alerts for first responders  Set specific frequency for testing  Concerns about move away from performance based nature of RMP ◦ RAGAGEP can be strong basis for facility-based decisions

26.  Adding siting requirements to PHA  Counter to performance based  Could hinder newer, potentially safer facilities

27.  Require investigation of near misses and root causes  Establish timeframes  Require compliance audits after incidents/near misses  Share results with local community  OSHA already requires Incident Investigations

28.  Require public posting of unrestricted RMP information (not offsite consequence analysis)  RMP and Tier II information already publically available  Concerns about security and business information

29.  Considering the use of Acute Exposure Guideline Levels (AEGLs)  Recalculate RMP reporting thresholds  Use of AEGLs as toxic endpoints for off-site consequence analyses

30.  Currently used internationally  Considering shift away from RMP and PSM  Would requiring submitting a PHA or a similar document for agency approval  Major concerns about departure from established programs

31.  Coalition response  EPA likely to move more quickly than OSHA  Proposed Rule expected in Fall 2015  Stated goal to finalize by end of 2016

33.  DHS released an Advanced Notice of Proposed Rulemaking to update CFATS  IIAR led coalition response focused on requesting the exemption of closed NH3 refrigeration systems from CFATS ◦ Appears ammonia not a high concern for DHS/CFATS ◦ Not aware of an NH3 refrigeration facility being “Tiered” due specifically to anhydrous ammonia ◦ Good opportunity to make our case

34.  Executive Order 13650 will have a direct impact on regulated industries  Most policy changes will require formal rulemaking  Agencies have begun the process, but will take some time.  Critical for industry to stay informed and participate