Review – Bills Introduced – 2-24-26

Yesterday, with both the House and Senate in Washington, there were 31 bills introduced. Two of those bills will receive additional coverage in this blog:

HR 7662 To enhance safety requirements for trains transporting hazardous materials, and for other purposes. Nehls, Troy E. [Rep.-R-TX-22]

S 3903 A bill to enhance safety requirements for trains transporting hazardous materials, and for other purposes. Husted, Jon [Sen.-R-OH]

 

For more information on these bills, including legislative history for similar bills in the 118^th Congress, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bills-introduced-2-24-26 - subscription required.

DOT Sends Administrative Procedures Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from the DOT’s Office of the Secretary (OS) on “Administrative Rulemaking, Guidance, and Enforcement Procedures”. The notice of proposed rulemaking was published on May 16^th, 2025. Interestingly, even though the NPRM was published before the Spring 2025 Unified Agenda (published in September 2025), that NPRM was listed as being projected for publication in July 2025.

According to the Spring 2025 Unified Agenda entry for this rulemaking:

“This rulemaking would reinstate and expound upon procedural reforms for the Department’s rulemakings, guidance documents, and enforcement actions rescinded by a final rule published by the Department on April 2, 2021, Administrative Rulemaking, Guidance, and Enforcement Procedures (86 FR 17292) [link added]. Accordingly, this proposed rule would revise and update the Department’s internal policies and procedures relating to the issuance of rulemaking documents. In addition, this rulemaking would update the Department’s procedural requirements governing the review and clearance of guidance documents, and the initiation and conduct of enforcement actions, including administrative enforcement proceedings and judicial enforcement actions brought in Federal court.”

That 2021 rulemaking was part of the Biden Administration’s effort to remove much of 45’s regulatory agenda. Specifically, that Biden Administration rulemaking addressed an earlier DOT/OS rulemaking (84 FR 71714) from the previous administration. The preamble to the 2021 rulemaking noted that:

“Many of the policies and procedures codified at 49 CFR part 5 were prompted by Executive orders that have since been revoked by E.O. 13992.^[1] As a result, the Department will rescind those policies and procedures, or portions thereof, that implemented or enforced any of the revoked orders. This final rule removes from 49 CFR part 5 those provisions that reflect revoked policies and procedures that are no longer in effect.”

This is one of the problems with relying on executive orders as the authority for issuing regulations. It is relatively easy for the next administration to come in and revoke/change those regulations. In this case, since this rule only directly impacts internal DOT processes, this is more of a storm in a tea pot issue, but it does reflect significant changes in regulatory intent, and those changes are already in place and are already affecting DOT policy and rulemaking regardless of the presence or absence of this rule.

I will not be covering this final rule in any detail, but I would expect to report its publication in the appropriate Short Takes post.

Review – 3 Advisories and 2 Updates Published – 2-24-26

Today CISA’s NCCIC-ICS published three control system security advisories for products from Gardyn, Schneider Electric, and InSAT. They also updated two advisories for products from Mitsubishi.

Advisories

Gardyn Advisory - This advisory describes four vulnerabilities in the Gardyn Home Kit product line.

Schneider Advisory - This advisory describes two vulnerabilities in the Schneider EcoStruxure Building Operation Workstation.

NOTE: I briefly discussed these vulnerabilities on February 14^th, 2026

InSAT Advisory - This advisory describes two SQL injection vulnerabilities in the InSAT MasterSCADA BUK-TS.

Updates

Mitsubishi Update #1 - This update provides additional information on the Iconics Digital Solutions advisory that was originally published on October 22^nd, 2024, and most recently updated on January 8^th, 2026.

Mitsubishi Update # 2 - This update provides additional information on the ICONICS Suite advisory that was originally published on July 26^th, 2022, and most recently updated on January 15^th, 2025.

 

For more information on these advisories, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/3-advisories-and-2-updates-published-758 - subscription required.

Short Takes – 2-24-26 – Federal Register Edition

Prior Notice of Citizen Suits. Federal Register EPA notice of proposed rulemaking. Summary: “The Environmental Protection Agency (EPA) is proposing to amend its regulations prescribing the manner in which prior notice of citizen suits is to be provided as required under the citizen suit provisions of the Clean Air Act (CAA), the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), the Noise Control Act (NCA), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Toxic Substances Control Act (TSCA). This proposed rulemaking would generally require electronic service to EPA of Notices of Intent (NOIs) to file a citizen suit under the listed environmental statutes. These proposed revisions would help ensure the Agency receives and processes such NOIs in a timely and efficient manner.” Comments due: March 26^th, 2026.

Proposed Renewal Collection and Request for Comment; Chemical Data Reporting Under the Toxic Substances Control Act (TSCA). Federal Register EPA 60-day ICR renewal notice. Summary: “In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): Chemical Data Reporting under the Toxic Substances Control Act (TSCA) (EPA ICR No. 1884.17 and OMB Control No. 2070-0162). This ICR represents a renewal of an existing ICR that is currently approved through October 31, 2026. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.” Comments due: April 27^th, 2026.

Railroad Safety Advisory Committee. Federal Register FRA request for nominations. Summary: “In this notice, the Department is soliciting nominations for membership to the Committee. The Committee shall report to the Secretary of Transportation through the FRA Administrator and shall comprise 25 members representing the agency's major stakeholder groups, including railroads, labor organizations, suppliers, and manufacturers, as well as other interested parties.” Nominations due: March 26^th, 2026.

Pipeline Safety: Request for Special Permit; Sable Offshore Corp. Federal Register PHMSA notice. Summary: “PHMSA is publishing this notice to solicit public comments on a request for a special permit submitted by Sable Offshore Corp. (Sable). Sable is seeking relief from compliance with certain requirements in the Federal pipeline safety regulations. PHMSA has proposed conditions to ensure that the special permit is not inconsistent with pipeline safety. At the conclusion of the 30-day comment period, PHMSA will review the comments received from this notice as part of its evaluation to grant or deny the special permit request.” Comments due: March 26th, 2026.

Review – CSB Publishes PEMEX H2S Release Investigation Report

Yesterday the Chemical Safety Board announced the publication of incident investigation report for the October 2024, fatal hydrogen sulfide leak at the PEMEX facility in Deer Park, TX. During the incident 27,000-lbs of H2S were released when contractors opened the wrong line during a maintenance procedure. Two workers were killed and 13 were transported to local hospitals for exposure to H2S. The report identified four key safety issues and the Board made four safety recommendations to prevent future such accidents.

This closed investigation leave just eight CSB open investigations. The four new recommendations brings the total number of CSB recommendations to date to 1,026 with 118 open recommendations.

Incident Summary

The Executive Summary for the report describes the incident:

“The release occurred when contract workers from Repcon, Inc. (Repcon) opened piping containing hydrogen sulfide gas. Instead of opening a pipe flange on empty piping, the workers mistakenly opened an identical piping segment 5 feet away, releasing pressurized hydrogen sulfide gas and fatally injuring one of the Repcon workers. The released hydrogen sulfide traveled downwind to the adjacent unit, where a worker from ISC Constructors, who was unaware of the release, inhaled the toxic hydrogen sulfide and also was fatally injured. The release continued for nearly an hour until PEMEX Deer Park emergency responders reassembled the leaking flange, stopping the release. Thirteen additional contract workers were transported to nearby medical facilities to be evaluated for hydrogen sulfide exposure”

 

For more information on the CSB report, including commentary on another potential safety issue, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/csb-publishes-pemex-h2s-release-investigation - subscription required.

EPA Sends Chem Mfg Technology Review Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIIRA) announced that it had received an final rule from the EPA on “National Emission Standards for Hazardous Air Pollutants: Chemical Manufacturing Area Source Technology Review”. This mandatory NESHAP review is subject to a consent decree requiring the publication of the final rule by January 15^th, 2026. The notice of proposed rulemaking for this action was published on January 22^nd, 2025.

According to the Spring 2025 Unified Agenda entry for this rulemaking:

“This action will address the agency's technology review of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Chemical Manufacturing Area Sources (CMAS). The CMAS NESHAP, subpart VVVVVV, was promulgated on October 29, 2009, pursuant to section 112(d) of the Clean Air Act (CAA) and established emission limitations and work practice requirements for controlling emissions of hazardous air pollutants (HAP). The NESHAP controls HAP emissions from process vents, storage tanks, equipment leaks, wastewater streams, transfer operations and heat exchange systems. This action addresses the technology review requirements of CAA section 112(d)(6) which require the EPA to review and revise the standards as necessary (taking into account developments in practices, processes and control technologies) no less often than every 8 years.”

This rulemaking is beyond the normal scope of coverage in this blog, so I probably will not provide any detailed coverage of the final rule. I do expect to at least acknowledge its publication in the appropriate Short Takes post.

House Passes HR 2600 – ASCEND Act

Today the House took up HR 2600, the Accessing Satellite Capabilities to Enable New Discoveries (ASCEND) Act, under the suspension of the rules process. After just 8 minutes of debate, the House passed the bill by a voice vote.

This bill provides statutory authority for the Commercial SmallSat Data Acquisition (CSDA) program run by the National Aeronautics and Space Administration (NASA). Through the CSDA program, NASA acquires remote sensing data and imagery from commercial satellites to support its Earth science research. (Remote sensing generally refers to the collection of data by instruments in Earth’s orbit, such as satellites, that can be processed into imagery of Earth’s surface.) No new spending is authorized by this bill.