Chemical Transportation Incidents – Week of 10-3-26

Reporting Background 

See this post for explanation, with the most recent update here (removed from paywall). 

Data from PHMSA’s online database of transportation related chemical incidents that have been reported to the agency. 

Incidents Summary  

• Number of incidents – 505 (474 highway, 25 air, 6 rail, 0 water) 
• Serious incidents – 5 (4 Bulk release, 0 evacuation, 0 injury, 0 death, 2 major arteries closed, 3 fire/explosion, 25 no release)  
• Largest container involved – 26,387-gal DOT 111A100W1 Railcar {Diesel Fuel} Damaged manway gasket and loose manway bolts. 
• Largest amount spilled – 3,800-gal Tank Truck {Argon, Refrigerated Liquid (Cryogenic Liquid)} Trailer damaged in rollover accident. 
• Total amount reported spilled in all incidents – 7128.6-gal 

NOTE: Links above are to Form 5800.1 for the incident described. 

Most Interesting Chemical: Tars, Liquid Including Road Oils and Cutback Bitumens: No CAMEO description (Source: CameoChemicals.NOAA.gov).  

INSERT UN 1999 Placard 

OMB Announces Same Day Approval of UAS Spectrum Final Rule

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the FCC on “Spectrum Rules and Policies for the Operation of Unmanned Aircraft Systems, WT Docket No. 22-323”. The final rule was also submitted yesterday. The notice of proposed rulemaking (NPRM) for this action was published on February 7th, 2023. An interim final rule was published on January 8th, 2025. 

According to the 2026 Unified Agenda entry for this rulemaking: 

“This proceeding seeks to (1) develop rules enabling the use of the 5030-5091 MHz band for unmanned aircraft systems (UAS); (2) determine whether the Commission’s current rules governing flexible-use bands are adequate and appropriate to ensure co-existence of terrestrial mobile operations and UAS use; and (3) address the need of certain UAS operators to obtain a license in the aeronautical VHF band to communicate with air traffic control and other aircraft.” 

I do not expect to cover this rulemaking in any detail, but I will announce its publication in the appropriate Short Takes post

H Res 1648 Introduced – Activity Reporting

Yesterday, Rep Everton (D,GA) introduced H Res 1648, the Congress at Work Resolution. The resolution would require each member of the House to post monthly reporting about official activities conducted by the member on their website. It would seem obvious that this was introduced in response to reporting about significant absences of members of both houses during the last year. 

The resolution would require members to report on their: 

• Schedule during the month,  
• Committee activity at committee hearings and other meetings during the month,  
• Voting record during the month, and 
• Legislative activity during the month, as described in paragraph (4) of subsection (b). 

Interestingly, it does not require reporting on constituent support activities. Probably because most of that is done by staff members, not the Congress Person. 

Anyone that has had to compile weekly activity reports at work will understand that such reporting seldom does anything to increase productivity. The reports do provide a record to support personnel actions when there are periodic supervisory responses to the adequacy of the activities reported. 

Review - Election 2026 – Aftermath

The 2026 mid-term elections are mostly over; there looks like two House seats in Louisianna that will have to be resolved by a runoff, and Senate seats in Mississippi and Alaska that are too close to call. For the most part Democrats won ‘control’ of both the House and Senate, but a Republican still ‘controls’ the White House. So, the future is still murky at best. 

Over on CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/election-2026-aftermath - I take a look at my general view of the next two years. Paid subscribers received their version by email tonight; free subscribers will receive theirs on Saturday. Subscribe today. 

Advisory Update Published – 11-5-26

Today CISA’s NCCIC-ICS published an update for a control system security advisory for products from Mitsubishi 

Updates 

Mitsubishi Update - This update provides additional information on the CC-Link advisory that was originally published on July 30th, 2026, and most recently updated on September 17th, 2026. The new information includes adding NZ2CT-GN and FR-D800-E as affected products. 

EPA Sends TSCA Chem Risk Eval Final Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had received a final rule from the EPA on “Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)”. The notice of proposed rulemaking for this action was published on September 23rd, 2025. 

According to the 2026 Unified Agenda for this rulemaking:  

“On September 23, 2025, EPA proposed to amend the procedural framework rule for conducting existing chemical risk evaluations under the Toxic Substances Control Act (TSCA). When conducting an existing chemical risk evaluation under TSCA, EPA must determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or non-risk factors, including unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant to the risk evaluation, under the conditions of use. In this action, EPA proposed to rescind or revise certain 2024 amendments to the procedural framework rule to effectuate the best reading of the statute and ensure that the procedural framework rule does not impede the timely completion of risk evaluations or impair the effective and efficient protection of health and the environment. After considering public comments, EPA intends to promulgate a final rule in 2026.” 

As a side note, given the election results of this week, last month the Congressional Research Service published a review of the Congressional Review Act. This report should be reviewed by all incoming congressional staff members.