Review - CSB Updates Accidental Release Reporting Database – 4-17-25

Yesterday the CSB updated their published list of reported chemical release incidents. They added 39 new incidents that occurred since the previous version was published in January. These are not incidents that the CSB is investigating, these are incidents that were reported to the CSB under their Accidental Release Reporting rules (40 CFR 1604).

The table below shows the top six states based upon the number of reported incidents since the January update was published.

INSERT Top 5 for Incidents graphic

For more information on the data, including a listing of chemical incidents reported in the news that should have been reported to CSB, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/csb-updates-accidental-release-reporting-849 - subscription required. 

Review - CSB Publishes Updated Accidental Release Reporting Data – 1-25-23

As part of the preparation for yesterday’s meeting of the Chemical Safety Board, the CSB updated their published list of reported chemical release incidents. They added 35 new incidents that occurred since the previous version was published in December (with data ending in October). One incident from the previous quarter was removed from the list. These are not incidents that the CSB is investigating, these are incidents that were reported to the CSB under their Accidental Release Reporting rules (40 CFR 1604).

The CSB also published an updated version of their Investigation Closure Plan, outlining the schedule for the Board’s clearance of the investigation backlog. Six reports are expected during the first half of this year.

For more details about the updated incident information and the investigation closure report, see my article at CFSN Detailed analysis - https://patrickcoyle.substack.com/p/csb-publishes-updated-accidental - subscription required.

Review - CSB Publishes Quarterly Accidental Release Reporting Data – 12-28-22

Last week the Chemical Safety Board updated their published list of reported chemical release incidents. They added 29 new incidents that occurred since the previous version was published in July. One incident from the previous quarter was removed from the list. These are not incidents that the CSB is investigating, these are incidents that were reported to the CSB under their Accidental Release Reporting rules (40 CFR 1604). The press release announcing the publication of the updated list included comments on calls for increased attention to process safety management during winter periods.

 

For more details about the accident reporting data, including a description of an incident that was removed from the list and one that should have been reported, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/csb-publishes-quarterly-accidental - subscription required.

CSB Reporting Form Drops off Landing Page

As I predicted earlier this month the news article on the Chemical Safety Board (CSB) landing page that provided a link to the CSB’s Accidental Release Reporting form has been moved off of page by the latest news about the Chemtool fire. So, as of right now, there is no place on the page for a one-click link to that form.

You can click on the right-pointing arrow on the ‘Recent News’ section to get the link back on the page, or you could click on the ‘Site Map’ link on the bottom of the page to find the link to the “Incident Reporting Rule Submission Information” page which provides links to the form, the instructions and regulations governing the reporting requirement.

IMHO (okay not so humble) the link to that page should be prominently displayed on the landing page if CSB really wants facilities to be able to find it in an emergency for prompt reporting. Any facility that holds the operationally defined hazardous substances (see 40 CFR 1604.2) should keep a link to this reporting page in their emergency reporting SOP, and everyone has one of those, RIGHT?

OMB Approves CSB Release Reporting ICR

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) approved the information collection request (ICR) for the Chemical Safety Board’s “Accidental Release Reporting” rule. That rule was published on February 20^th, 2020. The ICR was received at OIRA on April 10^th, 2020.

The approval included the following Terms of Clearance:

“In accordance with 1320.10(a), the agency is reminded to submit the ICR for OMB review the day of Federal Register publication for the final rule, and the agency will need to resubmit the ICR renewal on the FR publication date for the 30 day public comment period. In addition, OMB reminds the Agency, however, it should consult with up to 9 outside entities at least once every 3 years even if the collection of information has not changed. Finally, the agency is reminded to to (sic) cite the mandatory nature of the collection as required under 5 CFR 1320.8(b)(3)(iv)”

Commentary

Okay, we officially have a new bureaucratic comedy to lighten the COVID-19 exasperation. It seems that OIRA is unaware that the final rule upon which this ICR is based has already been published. Okay, since OIRA approved the publication of the final rule, they (the organization) obviously knew that the rule had been published. Or perhaps not. I just did a search for rulemakings submitted to OIRA for approval between November 1^st, 2019 and February 20, 2020; no rulemaking (not a notice of proposed rulemaking nor a final rule) was submitted by the CSB.

So, with OIRA, officially unaware that the final rule had been published, approved the ICR with the caveat that the CSB would have to submit an ICR revision when the final rule was published. Does the CSB really have authority to collect the information? Interesting legal question. Does CSB have to submit an ICR revision now? I do not know for sure, but I suspect that for the purposes of dotting the regulatory i's and crossing the bureaucratic t’s, CSB will have to submit that ICR revision request.