accidental releases

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By Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen

bottleSeyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard.

The U.S. Court of Appeals for the District of Columbia Circuit recently ruled against OSHA on…
Continue Reading DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a “Standard” Subject to Rulemaking Process

By Andrew H. Perellis and Craig B. Simonsen

Power Lines and Pulp Mill PollutionThe U.S. Government Accountability Office (GAO) has just issued a report on Critical Infrastructure Protection with a finding that Department of Homeland Security (DHS) action is needed to verify chemical facility information and to better manage its compliance process. Report to Congress, GAO-15-614 (July 2015).

Risk Level for Facilities

The Report states…
Continue Reading DHS Chemical Facilities Take Note GAO Suggested Need For Enhanced Enforcement

By James L. Curtis and Craig B. Simonsen

The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPR) intended to “mature” the Chemical Facility Anti-Terrorism Standards (CFATS) program, and to identify ways to make the program more effective in achieving its regulatory objectives. 79 Fed. Reg. 48693 (August 18, 2014).

The CFATS program was intended…
Continue Reading DHS Proposing to “Mature” Chemical Facility Anti-Terrorism Standards Program

By Jeryl L. Olson and Craig B. Simonsen

The U.S. Environmental Protection Agency, in response to Executive Order 13650, Improving Chemical Facility Safety and Security (EO), is publically, through a Federal Register notice, requesting public comments on “potential revisions” to its Risk Management Program. 79 Fed. Reg. 44604 (July 31, 2014).

This request is part of an effort highlighted in…
Continue Reading EPA Request for Information on Clean Air Act Accidental Release Prevention Program

By James L. Curtis and Craig B. Simonsen

Representatives from the U.S. Environmental Protection Agency, the Occupational Safety and Health Administration, and the Department of Homeland Security spoke today at the Air and Waste Management Association’s Annual Conference, on their  collaboration on chemical facility safety and security.

The conference session speakers included Mathy Stanislaus, EPA’s Office of Solid Waste…
Continue Reading EPA, OSHA, and DHS are Collaborating on Chemical Facility Safety and Security

By James L. Curtis and Craig B. Simonsen

The U.S. Environmental Protection Agency, the U.S. Department of Labor, and the Department of Homeland Security recently published their first joint Report for the President, “Actions to Improve Chemical Facility Safety and Security – A Shared Commitment.” June 6, 2014.

The Report was issued after recent catastrophic chemical facility incidents…
Continue Reading Federal Report on “Actions to Improve Chemical Facility Safety and Security – A Shared Commitment”

By Jeryl L. Olson and Eric E. Boyd

In anticipation of the impending hurricane season, the U.S. Environmental Protection Agency (EPA) recently issued a Hazardous Weather Release Prevention and Reporting Alert. The purpose of the Alert, according to the EPA Press Release, is to “increase awareness among facility operators about their obligation to operate facilities safely and report chemical…

Continue Reading EPA Issues Reminder About Releases During Hazardous Weather Events