Process Safety Management and Prevention of Major Chemical Accidents
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Request for information.
CFR Part: "29 CFR Part 1910"
RIN Number: "RIN 1218-AC82"
Citation: "78 FR 73756"
Document Number: "Docket No.
"Proposed Rules"
SUMMARY: In response to Executive Order 13650,
   DATES: Submit comments and additional material on this Request for Information
   ADDRESSES: Submit comments and additional materials by any of the following methods:
   Electronically: Submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for making electronic submissions.
   Facsimile:
   Regular mail, express mail, hand delivery, or messenger (courier) service: Submit comments and any additional material (for example, studies, journal articles) to the OSHA Docket Office, Docket No.
   Instructions: All submissions must include the Agency's name and the docket number for this Request for Information (that is,
   If you submit scientific or technical studies or other results of scientific research,
   Docket: To read or download submissions or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. The http://www.regulations.gov index lists all documents in the docket. However, some information (e.g., copyrighted material) is not available publicly to read or download through the Web site. All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. Contact the
   FOR FURTHER INFORMATION CONTACT:
   Press inquiries: Mr.
   General and technical information: Ms.
   SUPPLEMENTARY INFORMATION:
   
I. Background
A. Executive Order 13650
   On
   FOOTNOTE 1 https://www.osha.gov/SLTC/processsafetymanagement/. END FOOTNOTE
B. Process Safety Management of Highly Hazardous Chemicals
   OSHA originally promulgated the
   The PSM standard is a comprehensive management program for highly hazardous chemicals that integrates technologies, procedures, and management practices to help assure safe and healthful workplaces. One of the key components of the PSM standard is the requirement that employers perform a process hazard analysis, which is a careful review of what could go wrong and what safeguards employers must implement to prevent uncontrolled releases. The PSM standard also mandates written operating procedures; employee training; prestartup safety reviews; evaluation of the mechanical integrity of critical equipment; and written procedures for managing change. In addition, the PSM standard specifies a permit system for hot work; investigation of incidents involving releases or near misses of covered chemicals; emergency-action plans; compliance audits at least every three years; and trade-secret protection.
   While the PSM standard has been effective in improving process safety in
   (1) On
   (2) On
   (3) On
   (4) On
   In 2007,
C. Rulemaking and Enforcement Policy Change Options Under Consideration
   OSHA has determined that revisions to its PSM standard may be needed to address issues in coverage. As specified in Executive Order 13650, the Agency is also considering related revisions to its Explosives and Blasting Agents standard to address potential issues in coverage; updates to its Flammable Liquids standard and Spray Finishing standard to better align with current versions of applicable consensus standards; and changes in its enforcement policies for these standards.
   1. Clarifying the PSM exemption for atmospheric storage tanks;
   2. Oil- and Gas-Well Drilling and Servicing;
   3. Oil- and Gas-Production Facilities;
   4. Expanding PSM Coverage and Requirements for Reactivity Hazards;
   5. Updating the List of Highly Hazardous Chemicals in Appendix A of the PSM Standard;
   6. Revising the PSM Standard to Require Additional Management-System Elements;
   7. Amending Paragraph (d) of the PSM Standard to Require Evaluation of Updates to Applicable recognized and generally accepted good engineering practices (RAGAGEP);
   8. Clarifying the PSM Standard by Adding a Definition for RAGAGEP;
   9. Expanding the Scope of Paragraph (j) of the PSM Standard to Cover the Mechanical Integrity of Any Safety-Critical Equipment;
   10. Clarifying Paragraph (l) of the PSM Standard with an Explicit Requirement that Employers Manage Organizational Changes;
   11. Revising Paragraph (n) of the PSM Standard to Require Coordination of Emergency Planning with Local Emergency-Response Authorities;
   12. Revising Paragraph (o) of the PSM Standard to Require Third-Party Compliance Audits;
   13. Expanding the Requirements of
   14. Updating SUBSEC 1910.106 and 1910.107 Based on the Latest Applicable Consensus Standards;
   15. Updating the Regulations Addressing the Storage, Handling, and Management of Ammonium Nitrate;
   16. Changing Enforcement Policy of the PSM Exemption for Retail Facilities; and
   17. Changing Enforcement Policy for Highly Hazardous Chemicals Listed in Appendix A of the PSM Standard without Specific Concentrations.
   The subsections below discuss each of these potential rulemaking topics in greater detail.
1. Clarifying the PSM Exemption for Atmospheric Storage Tanks
   Pursuant to paragraph (a)(1)(ii) of
   In Secretary of Labor v.
   FOOTNOTE 2 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9760. END FOOTNOTE
   OSHA believes that revising paragraph (a)(1)(ii)(B) to include flammable liquids in atmospheric storage tanks within or connected to a PSM covered processes would improve the safety of workers by remedying the issue in PSM enforcement that has existed since the Meer decision. In the questions in this
2. Oil- and Gas-Well Drilling and Servicing
   Paragraph (a)(2)(ii) of
3. Oil- and Gas-Production Facilities
   On
   The exemption in
   Production, as recognized by the petroleum industry, is a phase of well operations that deals with bringing well fluids to the surface, separating them, and then storing, gauging and otherwise preparing the product for the pipeline. This production phase occurs after a well has been drilled, completed, and placed into operation, or after it has been returned to operation following workover or servicing. A completed well includes a "Christmas tree" (control valves, pressure gauges and choke assemblies to control the flow of oil and gas) which is attached at the top of the well where pressure is expected. It is at this point, the top of the well, where the covered PSM process begins. The distance between separation equipment and the well is not a factor when determining PSM applicability for production facilities.
   
   OSHA believes that implementation of an effective PSM program in accordance with the requirements in
4. Expanding PSM Coverage and Requirements for Reactivity Hazards
   Paragraph (a) of
   OSHA has long been aware of the need to update the PSM standard to address hazards associated with reactive chemicals. In response to a 1995 chemical explosion that killed five workers at
   FOOTNOTE 3 Instability/reactivity ratings listed are set by the
   FOOTNOTE 4
   FOOTNOTE 5
   The CSB has also made a number of recommendations to
   One approach to regulating reactive hazards is the New Jersey Toxic Catastrophe Prevention Act (TCPA). Enacted in 1986, the TCPA is a
   In the questions in this
5. Updating the List of Highly Hazardous Chemicals in Appendix A of the PSM Standard
   Appendix A of
    *
    *
    *
    *
    *
    *
    *
    * API's Recommended Practice 750--Management of Process Hazards;
    *
    *
   Every chemical listed in Appendix A appeared in at least one of these sources as warranting a high degree of management control due to its extremely hazardous properties; most of the chemicals appeared in several of the sources.
   Appendix A has remained unchanged since
6. Revising the PSM Standard To Require Additional Management-System Elements
   Executive Order 13650 requires
   
   FOOTNOTE 6 Guidelines for Risk Based Process Safety, CCPS. http://www.aiche.org/ccps. END FOOTNOTE
   FOOTNOTE 7 Ibid. END FOOTNOTE
   FOOTNOTE 8 Ibid. END FOOTNOTE
   OSHA also is considering adopting management-system elements from safety standards that other federal agencies promulgated since 1992. For example, the
   FOOTNOTE 9 http://www.bsee.gov/BSEE-Newsroom/BSEE-Fact-Sheet/SEMS-II-Fact-Sheet.aspx. END FOOTNOTE
    * Developing and implementing a stop work authority that creates procedures and authorizes any and all offshore industry personnel who witness an imminent risk or dangerous activity to stop work.
    * Developing and implementing an ultimate work authority that requires offshore industry operators to clearly define who has the ultimate work authority on a facility for operational safety and decision-making at any given time.
    * Requiring an employee participation plan that provides an environment that promotes participation by offshore industry employees as well as their management to eliminate or mitigate safety hazards.
   OSHA invites public comment on any additional management-system elements, or on expanding existing elements, including those elements discussed in this
7. Amending Paragraph (d) of the PSM Standard To Require Evaluation of Updates to Applicable RAGAGEP
   Paragraph (d)(3)(ii) of
   Through extensive collaboration and evaluation of incidents, many safety organizations periodically update their standards to improve work practices and protect workers against newly identified hazards. Since the practices constituting RAGAGEP under the PSM standard are constantly changing as a result of this process, evaluating updates to applicable RAGAGEP ensures that employers base a facility's PSM program on the most up-to-date and accurate safety information available.
   An accident that occurred at a
8. Clarifying the PSM Standard by Adding a Definition for RAGAGEP
   The term "recognized and generally accepted good engineering practices" (RAGAGEP) appears in paragraphs (d)(3)(ii) and (j)(4)(ii) of
   Recognized And Generally Accepted Good Engineering Practices" (RAGAGEP)--are the basis for engineering, operation, or maintenance activities and are themselves based on established codes, standards, published technical reports or recommended practices (RP) or similar documents. RAGAGEPs detail generally approved ways to perform specific engineering, inspection or mechanical integrity activities, such as fabricating a vessel, inspecting a storage tank, or servicing a relief valve.
   Although the CCPS's definition of RAGAGEP is not an official
   In this
9. Expanding the Scope of Paragraph (j) of the PSM Standard To Cover the Mechanical Integrity of Any Safety-Critical Equipment
   Paragraph (j) of
   Paragraph (j)(1) states that the mechanical-integrity requirements of the PSM standard apply to: Pressure vessels and storage tanks; piping systems (including piping components such as valves); relief and vent systems and devices; emergency shutdown systems; controls (including monitoring devices and sensors, alarms, and interlocks); and pumps. In the preamble to the PSM final rule,
   Revising paragraph (j) to explicitly apply the mechanical-integrity requirements of the PSM standard to all equipment the employer identifies as critical to process safety-critical equipment, in addition to the equipment currently listed in the standard, would provide industry with proper notice regarding coverage of such equipment.
10. Clarifying Paragraph (l) of the PSM Standard With an Explicit Requirement That Employers Manage Organizational Changes
   Paragraph (l) of
   The existing standard does not explicitly state that employers must follow management-of-change procedures for organizational changes, /10/ such as changes in management structure, budget cuts, or personnel changes; however, as noted in a
   FOOTNOTE 10 CCPS provides the following examples of organizational changes: "a reduction in the number of operators on a shift, a change in the maintenance contractor for the site, changing from 5-day operation to 7-day operation, or rotation of plant managers." Guidelines for the Management of Change for Process Safety, CCPS. END FOOTNOTE
   FOOTNOTE 11 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=28628. END FOOTNOTE
11. Revising Paragraph (n) of the PSM Standard To Require Coordination of Emergency Planning With Local Emergency-Response Authorities
   Paragraph (n) of
   When emergency responders and other workers do not have adequate information or employer coordination about hazardous chemicals in a facility, they are at elevated risk of death and serious injury. On
   FOOTNOTE 12 Following the
12. Revising Paragraph (o) of the PSM Standard To Require Third-Party Compliance Audits
   Paragraph (o)(1) of
   FOOTNOTE 13 Guidelines for Risk Based Process Safety, CCPS. http://www.aiche.org/ccps. END FOOTNOTE
   It is notable that BSEE's Safety and Environmental Management Systems (SEMS) standard, 30 CFR 250, Subpart S, requires audits conducted by an independent third party, subject to approval by BSEE, or by designated and qualified personnel if the employer implements procedures to avoid conflicts of interest. In addition, BSEE's SEMS II revisions to the standard require that, by
   Consistent audits performed by well trained and experienced auditors are critical to ensuring that SEMS programs are successfully implemented and maintained on the OCS. As a result, we are adopting industry best practices related to SEMS audits and auditor qualifications. Industry is already voluntarily adopting these practices in many deepwater operations. We believe that the application of these requirements to all OCS operations will result in more robust and consistent SEMS audits. (78 FR 20430; 04/05/2013.)
   In its investigation report on the 2005
   FOOTNOTE 14 United States of
   OSHA is also seeking comment on increasing the required frequency of compliance audits. In addition, the Agency is seeking comment on requiring specific timeframes for responding to deficiencies found in the compliance audit process.
13. Expanding the Requirements of
   Paragraph (k)(1) of
   FOOTNOTE 15
   FOOTNOTE 16
   On
   OSHA believes that expanding the scope of
14. Updating SUBSEC 1910.106 and 1910.107 Based on the Latest Applicable Consensus Standards
   OSHA is considering updating its Flammable Liquids standard and Spray Finishing standard.
   FOOTNOTE 17 Applicable consensus standards may include, but are not limited to:
15. Updating the Regulations Addressing the Storage, Handling, and Management of Ammonium Nitrate
   Industry manufactures millions of tons of ammonium nitrate annually in
   As discussed earlier in this
   FOOTNOTE 18 Chemical Advisory: Safe Storage, Handling, and Management of Ammonium Nitrate,
   FOOTNOTE 19
   In the questions in this
16. Changing Enforcement Policy of the PSM Exemption for Retail Facilities
   The PSM standard contains an exemption from coverage for retail facilities at 29 CFR 1910.119(a)(2)(i). Although the term "retail facility" is not defined, the Preamble to the Final PSM standard noted that chemicals in retail facilities are generally in small packages, containers, and allotments, and gives the example of gasoline stations as a type of facility that would typically qualify for the exemption. 57 FR 6356, 6369 (
   Other Federal Government agencies have explicit definitions of retail facilities. In particular, the
   The Retail Trade sector comprises establishments engaged in retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. The retailing process is the final step in the distribution of merchandise; retailers are, therefore, organized to sell merchandise in small quantities to the general public.
North American Industry Classification System Manual ("NAICS Manual"), Sector 44-45--Retail Trade.
   OSHA has stated that this NAICS Manual definition applies in interpreting the retail exemption. In a
   [T]he "retail facilities" exception is intended to apply to an establishment in the retail trade as delineated in the Standard Industrial Classification (SIC) Manual. With exceptions, retail trade establishments sell merchandise to the general public for personal or household consumption. On the other hand, wholesale trade establishments may sell similar merchandise for exclusive use by industry . . . Income derived from selling [merchandise] to industry may not be counted as "income obtained from direct sales to end users" for the purpose of qualifying for the "retail facilities" exception under paragraph 1910.119(a)(2)(i).
   Notwithstanding this general statement,
   Applying the retail-facility exemption in this way is inconsistent with the normal meaning of "retail" and the preamble's explanation of the purpose of the exemption. As stated in the preamble,
   In light of
17. Changing Enforcement Policy for Highly Hazardous Chemicals Listed in Appendix A of the PSM Standard Without Specific Concentrations
   Appendix A of the PSM standard lists highly hazardous chemicals and threshold quantities that must be met to establish PSM coverage. Although Appendix A provides specific concentrations for 11 of its listed chemicals, the standard is silent on concentrations for the remaining 126 listed chemicals. For example, Appendix A lists hydrogen peroxide at concentrations of 52% by weight or greater, but the appendix does not provide a specific concentration for hydroxylamine.
   In 1999, an explosion at
   With respect to the commercial grade approach,
   An interpretative approach that is consistent with the regulatory language and that addresses this concern is the approach currently used by
   FOOTNOTE 20 General Guidance On Risk Management Programs For Chemical Accident Prevention (40 CFR Part 68);
   OSHA invites comment on whether it should adopt the
D. Effects of Possible Regulatory and Policy Changes
   As part of this
   OSHA requests that commenters discuss economic impacts in as specific terms as possible. For example, if a rulemaking or policy change would necessitate additional employee training, then helpful information would include the following: the training courses necessary; the types of employees who would receive the training; the length and frequency of the courses; topics covered; any retraining necessary; and the training costs if conducted by a third-party vendor or in-house trainer. The Agency invites comment on the time and level of expertise required to implement potential changes discussed in this
E. Impacts on Small Entities
   The Agency would like to determine whether the options in this
II. Request for Data, Information, and Comments
   OSHA is providing the following questions to collect data, information, and comments on the options discussed in this
   OSHA would appreciate detailed responses to the following questions. When responding, please reference the specific question number to which you are responding.
A. General Information
   1. To assist in classifying comments, please provide information on the workplace (or industry) about which you are commenting, including the type of facility, NAICS code (if available), number of employees, types and volumes of chemicals handled, when the facility began operation, and other relevant information.
   2. If you are commenting about a specific workplace or industry, does the workplace or industry conduct operations covered by the PSM standard? Please explain.
B. Clarifying the PSM Exemption for Atmospheric Storage Tanks
   3. Does your facility have any atmospheric storage tanks that are exempt from PSM coverage under
   4. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents related to flammable liquids stored in atmospheric tanks exempted from PSM coverage under
   5. Would limiting the
   6. Should
   7. Should the
   8. Are there any other options related to the
C. Oil- and Gas-Well Drilling and Servicing
   9. Does your facility conduct oil- and gas-well drilling or servicing operations not covered under
   10. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving oil-and gas-well drilling or servicing operations.
   11. Would removing the
D. Oil- and Gas-Production Facilities
   12. Does your facility conduct oil- and gas-production operations for which
   13. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving oil- and gas-production facilities.
   14. What would be the economic impact of resuming enforcement of the PSM standard for oil- and gas-production facilities? Are there any special circumstances involving small entities that
E. Expanding PSM Coverage and Requirements for Reactivity Hazards
   15. What are the best criteria to use in classifying reactive hazards? What do you consider to be a reactive chemical? What do you consider to be a reactive mixture?
   16. Do you consider some reactive hazards to be outside coverage of the existing PSM standard? If so, please describe these hazards.
   17. Should
   18. If your facility is in
   19. Should
   FOOTNOTE 21 The definition of "reactive hazard substance (RHS) mixture" in the TCPA references a list of chemical functional groups specified in N.J.A.C. 7:31-6.3(a), Table I, Part D, Group II. Whether any of the chemical functional groups are present determines, in part, coverage of an RHS mixture under the TCPA. END FOOTNOTE
   20. Does your facility follow
   21. Has your facility implemented a reactive-hazards management program other than a program specified by the TCPA and
   22. What specific regulatory approach, if any, should
   23. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving reactive hazards not covered under the existing PSM standard. Would reactive-hazards management requirements in PSM have prevented the incidents?
F. Updating the List of Highly Hazardous Chemicals in Appendix A of the PSM Standard
   24. What chemicals, if any, should
   25. How often should
   26. Is there a method, other than periodically updating the list of highly hazardous chemicals in Appendix A of
G. Revising the PSM Standard To Require Additional Management-System Elements
   27. Does your facility follow any management-system elements not required under
   28. Would expanding the scope of the PSM standard to require additional management-system elements, or expanding the scope of existing PSM management-system elements, prevent worker injuries and fatalities? If so, please describe the elements, the safety benefits, any economic impacts associated with expanding the scope of the PSM standard in this way, and any special circumstances involving small entities that
   29. In systems using management and metrics, how do facilities develop useful leading indicators? Should the PSM standard require facilities to share these indicators with employees or
   30. Would expansion of the PSM standard's employee participation provision to include requirements such as the SEMS stop-work authority, or other efforts to involve employees in all management-system elements, prevent worker injuries and fatalities?
   31. Are there any other management-system elements in the existing PSM standard that
   32. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents that the employer could have prevented by following management-system elements not required under the existing PSM standard.
H. Amending Paragraph (d) of the PSM Standard To Require Evaluation of Updates to Applicable RAGAGEP
   33. From what sources (e.g., codes, standards, published technical reports, consensus standards) does your facility select applicable RAGAGEP for operations covered under the PSM standard?
   34. Does your facility evaluate updates to its selected RAGAGEP? If so, how does your facility monitor any updates, and how often do you evaluate them?
   35. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving failure to evaluate updates to applicable RAGAGEP for PSM-covered operations.
   36. What would be an appropriate time period in which to conduct this evaluation? Would such a requirement be more appropriate in another paragraph of the PSM standard? For example, should such a requirement become part of the Process Hazard Analysis revalidation requirements at 29 CFR 1910.119(e)(5)?
   37. Would requiring employers to evaluate updates to applicable RAGAGEP prevent worker injuries and fatalities? Is there another approach that can be used to ensure the incorporation of RAGAGEP into facility operations that is tangible and documentable? What would be the economic impacts of this requirement? Are there any special circumstances involving small entities that
I. Clarifying the PSM Standard by Adding a Definition for RAGAGEP
   38. What does your facility use as a definition for RAGAGEP?
   39. Would adding a definition for RAGAGEP to the PSM standard improve understanding of PSM requirements and prevent worker injuries and fatalities? If so, what specific definition for RAGAGEP should
   40. What criteria does your facility use to develop appropriate internal standards? For instance, if there is an applicable consensus standard, what steps do you take to ensure that your internal standards are at least as protective as the applicable standard?
J. Expanding the Scope of Paragraph (j)
   41. Does your facility have any equipment not covered under
   42. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents related to the mechanical integrity of safety-critical equipment not covered under
   43. Would expanding the scope of
K. Clarifying Paragraph (l) of the PSM Standard With an Explicit Requirement That Employers Manage Organizational Changes
   44. What do you consider to be an organizational change within the context of process safety management practices? For example, would you consider the following, or similar, changes to be organizational changes: reducing the number of operators in a shift; changing from 5-day to 7-day operations; changing from 8-hour to 12-hour operator shifts; replacing a unit manager; relocating a technical group to a remote corporate location; or changing a supervisory or compensation structure?
   45. If your facility has established and implemented written procedures for management of organizational changes, please describe any economic impacts associated with the procedures.
   46. Would clarifying
   47. Please describe any organizational changes made in your facility or organization that have had the potential to affect process operations. Were management-of-change procedures followed before making the changes?
   48. What do you consider to be the best safety practices concerning management of organizational change?
   49. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving the failure to manage organizational change. Would following management-of-change procedures under
L. Revising Paragraph (n) of the PSM Standard To Require Coordination of Emergency Planning With Local Emergency-Response Authorities
   50. Does your facility provide information to, or coordinate emergency planning with, local emergency-response authorities? If so, please explain any special circumstances that necessitated the information sharing or coordination of emergency planning.
   51. If
   52. What, if any, steps should
   53. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents related to local emergency response authorities responding to a PSM-covered facility without adequate information on the chemicals present.
M. Revising Paragraph (o) of the PSM Standard To Require Third-Party Compliance Audits
   54. Does your facility use a third party for conducting compliance audits under
   55. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents that could have been prevented or minimized by more effective compliance audits conducted for operations covered under
   56. Would revising
   57. Should
   58. Should
   59. Would revising
N. Expanding the Requirements of
   60. Does your facility conduct explosives dismantling or disposal activities not covered under
   61. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving dismantling or disposal of explosives, blasting agents, and pyrotechnics. Would coverage of these dismantling and disposal activities under
   62. Are your operations currently covered under regulations issued by ATF? Are there specific areas of workplace safety that are not covered by ATF that should be considered by
   63. What would be the economic impacts if
O. Updating SUBSEC 1910.106 and 1910.107 Based on the Latest Applicable Consensus Standards
   64. Is your facility covered by SUBSEC 1910.106 or 1910.107? If so, what are the operations covered by the standard(s)?
   65. Are there other federal, state, or local requirements that cover flammable liquids or spray finishing operations in your facility? If so, do the requirements protect workers more or less than SUBSEC 1910.106 and 1910.107? Please explain.
   66. Does your facility follow
   67. On which standards (e.g., consensus, federal, state, local) were the design and operation of your facility primarily based?
   68. Should
   69. Are there gaps in safety coverage in SUBSEC 1910.106 or 1910.107? If so, what are the gaps, would
   70. Are there any requirements in SUBSEC 1910.106 and 1910.107 that prevent worker injuries and fatalities better than the safety practices in the latest editions of
   71. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving gaps in safety coverage in SUBSEC 1910.106 or 1910.107.
   72. Are the
   73. If
P. Updating the Regulations Addressing the Storage, Handling, and Management of Ammonium Nitrate
   74. Does your facility store, handle, or manage ammonium nitrate? If so, in what form (e.g., solid, liquid) and in what grade (e.g., high density, low density) is the ammonium nitrate? Please explain.
   75. Does your facility comply with
   76. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving the storage, handling, and management of ammonium nitrate.
   77. How can
Q. Changing Enforcement Policy for the PSM Exemption for Retail Facilities
   78. Does your facility qualify for the PSM exemption for "retail facilities" under
   79. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving highly hazardous chemicals at "retail facilities" exempt from PSM coverage under
   80. Please discuss any economic impacts that would result from changing
   81. Is there a definition of "retail facilities" that
R. Changing Enforcement Policy for Highly Hazardous Chemicals Listed in Appendix A of the PSM Standard Without Specific Concentrations
   82. Does your facility handle any chemicals excluded from PSM coverage on the basis that the concentration is below the "maximum commercial grade"? If so, what are these chemicals and concentrations, and would
   83. Please provide any data or information on workplace accidents, near misses, or other safety-related incidents involving highly hazardous chemicals excluded from PSM coverage on the basis that that the concentration was below the "maximum commercial grade."
   84. Please discuss any economic impacts that would result from
   85. Is there a different enforcement policy that
Authority and Signature
   David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, authorized the preparation of this notice pursuant to 29 U.S.C. 653, 655, and 657, Secretary's Order 1-2012 (77 FR 3912;
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-29197 Filed 12-6-13;
BILLING CODE 4510-26-P
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