Many of the Trump administration’s recent budget requests have proposed reduction in funding for environmental, health and safety (EH&S) agencies (For example I wrote about the environmental Protection Agency (HERE and Occupational Safety and Health Administration HERE ). Most drastically, the administration has proposed ZERO funding for the federal Chemical Safety and Hazard Investigation Board – which usually refers to itself as the Chemical Safety Board or CSB. CSB conducts independent investigations of major chemical accidents, issues accident-specific findings, offers specific or general recommendations for improved chemical handling and regulation, and has enacted a “Chemical Incident Reporting Rule.” (I wrote about the Rule HERE, and compliance guidance HERE). The remainder of this note summarizes CSB’s latest guidance.
What does CSB do?
CSB was authorized in the Clean Air Act (CAA) Amendments of 1990, and it began operations in 1998. It was patterned on the National Transportation Safety Board (NTSB), as the model for technical agencies assigned to review accidents involving entities regulated by other agencies. CSB’s activities have grown over time, with the following underway:
- Investigate and report on specified chemical incidents - “facts, conditions, circumstances, and [the]cause or probably cause of any accidental release [of flammable or toxic materials subject to CAA’s Accidental Release prevention (ARP) program] that results in death, serious injury, or substantial property damages.” CSB has conducted more than 170 investigations.
- Issue reports recommending measures to enhance safety. CSB’s website identifies 1,019 recommendations, with 886 closed and 133 still open.
- Establish incident reporting requirements – CSB issued Accidental Release Reporting Rule in 2020 (I wrote about the rule HERE and subsequent compliance guidance HERE). These requirements coordinate with reporting to EPA under ARP and to OSHA under the Process Safety Management (PSM) standard).
What’s Next?
CSB funding depends on a budget adopted by Congress, or a budgetary continuing resolution if no budget is adopted. The Trump also proposed to de-fund CSB during the first Trump administration, but Congress instead continued funding. Since Donald Trump resumed office this January, Congress seems more willing to accede to the President’s priorities, and at the same time the administration has unilaterally sequestered funds appropriated to other agencies. I can’t predict CSB’s fate this time.
Self-Assessment Checklist
Do any of my organization’s facilities manage chemicals that are subject to EPA’s Accidental Release Prevention (ARP) or analogous state rules?
Do any of my organization’s facilities manage chemicals that are subject to OSHA’s Process Safety Management standard or analogous state rules?
Does each such facility have procedures in place to make all required release reports, based on the type, quantity and location of a spill or other release?
Has each such facility reviewed its release reporting procedures to include reporting to CSB if necessary?
Where Can I Go For More Information?
- CSB –
- Website
- Chemical Incident Reporting Rule webpage
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com