Federal Agencies Hold Safety and Environmental Regulations ...

Federal Agencies Hold Safety and Environmental Regulations Meeting

Posted on Tue, Aug 28, 2012

The Department of Labor, Occupational Health and Safety Administration (OSHA), Department of Interior, Bureau of Safety and Environmental Enforcement (BSEE), United States Coast Guard (USCG), Environmental Protection Agency (EPA), and Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) invite interested parties to participate in a co-sponsored stakeholder meeting on the use and implementation of performance-based regulatory models for enhanced safety and environmental performance in the United States oil and gas industry. The meeting will be held at the College of the Mainland and hosted by the Gulf Coast Safety Institute. Speakers will address the current regulatory landscape and discuss the challenges and benefits of non-prescriptive, outcome-based approaches to reduce the frequency and severity of harmful events.

On January 18, 2011, President Obama issued Executive Order 13563, which called for improvements in the nation's regulatory system to promote predictability and reduce uncertainty and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. Consistent with these objectives, BSEE, EPA, OSHA, PHMSA and USCG wish to solicit views from the public regarding opportunities to improve the efficiency and effectiveness of safety and environmental regulations in the oil and gas industry while enhancing interagency coordination. The goal of such improvements is to, further the safety of oil and gas industry operations while increasing environmental and economic benefits to society. BSEE, EPA, OSHA, PHMSA, and the UCSG are particularly interested in stakeholder views regarding the most effective regulatory model to address the issues.

One popular regulatory model in the U.S., the "management-based" regulation, falls somewhere on the spectrum between prescriptive and performance-based. Regulators using this model generally require the implementation of management systems and practices that are intended to ensure a desired outcome. Regulations and standards developed under this model may specify the elements of the management system, but do not prescribe specific technical requirements.

The Federal agencies sponsoring this stakeholder meeting are exploring a number of topics that will help inform whether and how to further incorporate performance-based regulatory approaches into their current regulatory systems. These topics include:

• the advantages and disadvantages of performance-based, prescriptive, and management-based regulatory approaches;
• whether these models could create synergies between multiple agencies; and
• what types of models or combinations of models could result in long-term economic benefits.

To elicit specific feedback on these topics, participating agencies are requesting comment from stakeholders regarding the following questions:

1. What are some benefits of using a performance-based regulatory regime to regulate the oil and gas industry? What are some drawbacks? In making this evaluation, consider health, safety, environmental, and economic impacts, as well as implementation challenges, cost to regulatory agencies, and long-term hazard-reduction effectiveness. Refer to specific models and provide data, when appropriate.
2. Could there be a balance of performance vs. prescriptive regulations and standards in the U.S. oil and gas industry and, if so, what should it be? Does this balance vary for certain types of operations, business sizes, etc.?
3. Is there a way to advance the use of performance-based regulations and standards in the U.S. oil and gas Industry? If so, what is the best way? Consider means, cost to regulatory agencies, cost for industry, and expected changes in developing your response.
4. Could uniform implementation of performance-based regulations and standards improve efficiency and reduce duplication in a hazardous industry regulated by multiple agencies? If so, how?
5. What are the biggest challenges to successful implementation of performance-based regulations in the U.S. oil and gas industry?
6. How can risk assessment best be used in performance-based regulations while still ensuring adequate levels of safety? If risk assessments are used in a performance-based regulation, should acceptable risk levels be established?
7. How have authorities that currently use performance-based regulatory models ensured effective oversight (e.g., use of metrics, audit programs)?
8. Are there limits to the use of performance-based regulatory models? For example, do performance-based regulatory models increase or decrease challenges for small businesses in comparison to prescriptive models? Are prescriptive components needed/desirable, and if so, under what situations?

For general and technical information about the meeting contact: Ms. Lisa Long, Director, Office of Engineering Safety, OSHA, Directorate of Standards and Guidance, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210; telephone: (202) 693-2222; e-mail: long.lisa @ dol.gov.

For copies of the Federal Register notice [Docket No. OSHA-2012-0033]. Electronic copies of this Federal Register document are available at http://www.regulations.gov. This document, as well as news releases and other relevant information, also are available at OSHA's Webpage at http://www.osha.gov.

Location Details: College of the Mainland, Learning Resource Center, Room 131, 1200 Amburn Road, Texas City, Texas 77511. On-site parking will be available. Seating will be limited to the first 150 registrants.

Source: http://eaglemap.com/news/bid/81780/Federal-Agencies-Hold-Safety-and-Environmental-Regulations-Meeting

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