LEGISLATIVE AND REGULATORY UPDATE

1. LEGISLATIVE AND REGULATORY UPDATE Fall - 2014

2. Map-21 issue – still unresolved “To the extent that a grant is used to train emergency responders, the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.”

3. PHMSA INFORMATION REQUEST- required report to congress The report submitted under this subsection shall identify the ultimate recipients of such grants and include— (A) a detailed accounting and description of each grant expenditure by each grant recipient, including the amount of, and purpose for, each expenditure; (B) the number of persons trained under the grant program, by training level; (C) an evaluation of the efficacy of such planning and training programs; and (D) any recommendations the Secretary may have for improving such grant programs.’’

4. PHMSA INFORMATION REQUEST • PHMSA intends to amend the HMEP regulations • Answer questions asked by Congress • Address the de-obligation problem (States giving back money) • IG reports, Congressional hearings • Approval by OMB - notice in the Federal Register • NASTTPO submitted “aggressive” comment letter (5 total commenters) • Great tension between information desired and information available • Tension between the range of hazmat activities and HMEP funding

5. PHMSA INFORMATION REQUEST - NASTTPO COMMENTS • The potential for a hazmat accident is not closely related to the amount of hazardous material used or stored in the state. • Grantees cannot determine the total number of hazardous chemicals produced, used, or stored within the applicant’s territory. • Grantees cannot determine the total number of facilities that produce, use or store hazardous chemicals. • Non-HMEP related information on LEPCs, industry hazmat teams, fire and police departments is typically not collected by Grantees.

6. PHMSA INFORMATION REQUEST-the next step • Federal Register notice very soon? • Promised since April • NASTTPO will comment • Please review and provide input

7. Executive Order 13650 • FollowingWest TX the President issued Executive Order  13650 ‐ “Improving Chemical Facility Safety and Security” • Directs DHS, EPA, DOL (OSHA), DOJ, USDA, and DOT (PHMSA)  • identify ways to improve operational coordination; • enhance Federal agency coordination and information sharing;  • modernize policies, regulations and standards in order to enhance safety and security in chemical facilities;  • and work with stakeholders to reduce safety and security risks in the production and storage of potentially harmful chemicals. 

8. EO 13650 REPORT • Final progress report • www.osha.gov/chemicalexecutiveorder/index.html • Submit written comments through email • eo.chemical@hq.dhs.gov or • www.regulations.gov website • http://www.regulations.gov/#!docketDetail;D=DHS-2013-0075

9. KEY ELEMENTS OF EO REPORT - Expand engagement of the chemical regulated community in the local emergency planning process. • Improve training and protection for first responders • Provide technical assistance to SERCs, TERCs, LEPCs & TEPCs • Identify and coordinate funding sources for LEPCs/TEPCs - Increase use of electronic reporting and data management. - Improve public participation in LEPC/TEPCs emergency response planning and access to information about chemical facility risks.

10. CFATS ANPRM • DHS Plans To Modify CFATS Regulation • Soliciting Input and Recommendations For Program Modifications. • Written Comments Must Be Submitted On Or Before October 17, 2014.

11. comprehensive oil spill response plans - ANPRM • PHMSA seeks comment on potential revisions to its regulations that would expand the applicability of comprehensive oil spill response plans (OSRPs) to high-hazard flammable trains (HHFTs) based on thresholds of crude oil. • OSRP is required for oil shipments of 3,500 gallons or more and a comprehensive OSRP is required for oil shipments of more than 42,000 gallons (1,000 barrels). • OSRP is to ensure that personnel are trained and available and equipment is in place to respond to an oil spill. Not location specific. A nationwide, regional or other generic plan is acceptable. • Comments must be received by September 30, 2014.

12. PHMSA PROPOSED RULE: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains • New operational requirements for trains transporting a large volume of Class 3 flammable liquids (ethanol or crude oil); • 20 or more carloads • routing analysis, notice to SERCs, speed limits, braking enhancements • Improvements in tank car standards; • Revision of requirements for offerors to ensure proper classification of mined gases and liquids. • Comments must be received by September 30, 2014.

13. EPA REQUEST FOR INFORMATION • In response to Executive Order 13650, EPA requests comment on potential revisions to its Risk Management Program regulations and related programs. • OSHA published a RFIre PSM in response to the order on December 9, 2013 • The EPA will use the information received in response to this RFIto inform what action, if any, it may take. • Adding Ammonium Nitrate to RMP • Adding Other Toxic or Flammable Substances • Adding High and/or Low Explosives • Adding Reactive Substances and Reactivity Hazards • Adding Other Categories of Substances, Adjusting Thresholds and Listed Substances • Comments must be received on or before October 29, 2014.

14. DON’T HOLD YOUR BREATH

15. Timothy Gablehouse tgablehouse@att.net 303.572.0050 800.818.0050