SERC-TERC Updates: September 2023 |
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SERCs, TERCs, and Federal Partners: Please forward this monthly update to your stakeholders
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 |
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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. The agencies are hosting public webinars to provide updates on the definition of “waters of the United States” with space still available for:
Each webinar will present the same information, so please register for only one event. Please note that registration capacity is limited, but the agencies will post a recording of the webinar to EPA's website.
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 (RIN) 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.
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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
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 (CISA) 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.
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Select presentations from the 2023 Summit will be available in the coming weeks at the Chemical Security Summit webpage.
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Training Opportunities and Conferences |
National Tribal Caucus & EPA Climate Change Town Hall Event, Virtual, September 7, 3:30-5:00 PM ET
Join the first quarterly townhall with representatives of the National Tribal Caucus and EPA for an informal conversation on climate impacts and challenges in Tribal communities. This conversation is the first in a series of Tribal Climate Conversations hosted by the National Tribal Caucus and EPA Climate Change Subgroup. The subgroup will host quarterly conversations in a townhall format designed to be engaging and productive, each focused on a different climate conversations. Register here.
EPA Region V: How to Comply with EPA’s EPCRA and 112(r) Reporting Requirements for Chlorine, Virtual, September 12
EPA Region V is sponsoring a web-based training programs for water and wastewater plant operators, and other facilities that have chlorine in a process. This free webinar will provide participants with the information and tools necessary to comply with EPA’s emergency planning, notification, and reporting requirements for chlorine. For more information and to register click here. For questions, contact Monika Chrzaszcz.
Tribal Oil Spill Prevention and Chemical Emergency Preparedness Webinars
- Overview of Spill Prevention, Control and Countermeasure and Computer-Aided Management of Emergency Operations (CAMEO) Software Suite Webinar for Tribal Partners (September 7 and 22, 2023).
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This hour and a half, EPA-hosted session will provide a basic overview of the Spill Prevention, Control and Countermeasure oil spill prevention program and how the Computer-Aided Management of Emergency Operations (CAMEO) software suite can be used to help communities prepare for and respond to chemical and oil spills. The session will also include a question-and-answer segment where participants can interact with the Spill Prevention, Control and Countermeasure national program manager and the Emergency Planning and Community Right-to-Know Act program coordinator.
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Visit this link for more information and to register
- Tank Talk: Spill Prevention, Control and Countermeasure Overview Webinar for Tribal Partners (September 21, 2023)
- This 4-hour session will provide an in-depth overview of the oil program, regulatory requirements, program implementation (inspections), and federal oil spill reporting requirements. This webinar will assist tribes with Spill Prevention, Control and Countermeasure compliance and the opportunity to view EPA inspector photographs showing common violations observed in the field.
- Visit this link for more information and to register
EPA 20th Annual Drinking Water Workshop, September 11-14, Covington, KY
Registration is now open for the 20th Annual EPA Drinking Water Workshop. The workshop is hosted by EPA's Office of Research and Development and Office of Water in partnership with the Association of State Drinking Water Administrators (ASDWA).
- Primarily designed for tribal, state, and territory personnel responsible for drinking water regulations compliance and treatment technologies permitting, the workshop will provide current information, resources, and training needed to help in building systems capacity and sustainably and with providing equitable access to drinking water. System owners and operators, local and government personnel, academics, design engineers, technical assistance providers, and consultants may also benefit from attending.
- Additional Information and Registration
ChemLock: Introduction to Chemical Security Training Course, Virtual
This course provides an introduction to identifying, assessing, evaluating, and mitigating chemical security risks. This easy-to-understand overview identifies key components and best practices of chemical security awareness and planning to help kickstart chemical security discussions at a facility. This course runs 1-2 hours in length and is appropriate for all personnel regardless of their level of involvement with dangerous chemicals.
ChemLock: Secure Your Chemicals Security Planning Training Course, Virtual
This course walks through how to create a tailored, scalable security plan that meets the business model and unique circumstances of a facility. Participants will learn the key elements of a chemical security plan and benefit from examples, lessons learned, and best practices. The course runs 2-3 hours in length and is designed to help leadership, facility security personnel, and other applicable personnel understand, develop, and implement a facility security plan.
Please share this course information with relevant chemical security stakeholders in your area. To request a special offering of either course for a facility or organization, please fill out the ChemLock Services Request Form. If you have questions about the ChemLock program, please email ChemLock@cisa.dhs.gov.
Register Now for the Next TRI National Conference!
The Toxics Release Inventory National Conference is back! Join EPA on October 24 & 25, 2023, in Arlington, Virginia—or virtually--for conference sessions related to the theme "TRI: Transforming Data into Action." The agenda will be available soon, but you can register now via the TRI Conference webpage.
CAMEO for Planning, Virtual
Understand the hazardous material threat in your jurisdiction. Experienced instructors will train you how to use the CAMEO® Suite software to facilitate planning for hazardous material incidents. This training includes CAMEO Data Manager (DM). This month-long class includes: online classroom with 24/7 access to weekly lessons, videos & activities; weekly, scheduled live Q&A webinars; 1-hour Zoom call on the first day of class; and four, 2-hour webinars on the remaining 4 days. One remaining session in 2023:
- Session 3: Oct. 25 – Nov. 29 (Wed. webinars – skip Thanksgiving week)
- All Zoom Calls begin at 8am PT/9 MT/10 CT/11 ET
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Ammonia Safety & Training Institute (ASTI) presents Safety Day training and chemical Tabletop Exercises (TTX) 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.
Scheduled Events
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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
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