From: Richard Rosera <richardrosera**At_Symbol_Here**GMAIL.COM>
Subject: Re: [DCHAS-L] CSB proposes rule on accidental release reporting
Date: Thu, 23 Jan 2020 21:29:44 -0700
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Message-ID: 1C11153F-3462-4B39-9AE8-C5F647E760AD**At_Symbol_Here**gmail.com
In-Reply-To


The timing & subject of this Senate EPW Committee hearing is curious for several reasons:
  1. The CSB has a long-scheduled quarterly public meeting that same day.  A couple of days ago I received an email that the CSB had moved the start from 11:00 AM EST to 1:00 PM EST, and with a different call-in number (800-697-5978) and passcode (7898 239#).  The original start time is still listed as 11:00 AM on the CSB website Events tab.
  2. The Senate EPW Committee hearing is occurring on the same day that Senate questions on the Trump impeachment are scheduled to begin.
  3. With the departure of Manny Ehrlich in December, the CSB is down to two Board Members, and will soon be seeing the departure of Rick Engler as well.  In the meantime, there has been no vote in the Senate to confirm the incoming Chair, Katherine Lemos, whose appointment was forwarded to the Senate months ago by the Senate EPW Committee.  In addition, Board Member Kristen Kulinowski will be departing later this year.
  4. At last count, the CSB is down to eight Investigators, having succeeded in hiring only one Investigator to replace the many who have retired or left (note that two of these former Investigators are associated with EHS GRADES International, including the CEO, Dr. Samuel Oyewole).  Attracting, hiring & retaining qualified CSB Investigators under the best of circumstances is difficult - in the current political atmosphere, it is extraordinarily difficult!

For anybody who wants to delve into comments submitted on the CSB accidental release reporting rule proposal, I would recommend the following Chemical Facility Security News blog by Patrick Coyle:  https://chemical-facility-security-news.blogspot.com/2020/01/comments-on-csb-spill-reporting-nprm.html.

Richard Rosera
Board Member and Executive Advisor
EHS GRADES International
101 Beryl Street
White Rock, NM 87547
Email:   richard.rosera**At_Symbol_Here**ehsgrades.com
richardrosera**At_Symbol_Here**gmail.com
Cell: 908-279-4463

On Jan 23, 2020, at 1:02 PM, ILPI Support <info**At_Symbol_Here**ILPI.COM> wrote:

Was answering someone else off list and stumbled upon this.  https://www.csb.gov/the-csb-proposes-rule-on-accidental-release-reporting/   The comment period is closed, but CSB has to take regulatory action by February 5 by court order.  More regulations.  Hmmmm.  Regulations that would affect the petroleum sector in particular-. Hmmmm.  Inhofe's stated position on his Senate web page of "cutting regulations-to achieve energy dominance."   Hmmm.   Similar proposal dropped in 2009 because of industry opposition, hmmmm.

The pieces of this puzzle are falling together.

According to C&E News the proposal "says that any incident serious enough to qualify for an investigation-such as a death or damages above $1 million-would require the company involved to file a brief report within four hours of an accidental release. The information in such reports could be changed, corrected, or updated without penalty." See https://cen.acs.org/safety/industrial-safety/Chemical-Safety-Board-proposes-accident/97/web/2019/12 as well as comments on what it would not do.

Rob Toreki

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On Jan 23, 2020, at 10:04 AM, Margaret Rakas <mrakas**At_Symbol_Here**SMITH.EDU> wrote:

For those of you who agree with the importance of the CSB AND have a Senator belonging in the majority (so Arkansas, MIssissippi, West Virginia, North Dakota, South Dakota, Iowa, Alabama, Wyoming, Indiana, Oklahoma) it is really important you contact their office--I'd do phone and email, maybe drag your significant other into it too--and let them know how important this is for you and for the safety of your state residents.  See if you can get some signatures at your local library...

All I can tell you is after MA had the Danvers explosion, I was damn glad the CSB came out, and because our state fire marshal at the time didn't have a clue who these people were (and wasn't letting them on site) I called my state rep and the governor, even though I live about 100 miles away-because there are small formulators not that far from where I live.  Only reason there were no fatalities was that it happened in the middle of the night and people were lying down in bed. 

Maybe this is politics, but it's also primarily about keeping people safe.
My two cents, not business or legal advice, and may not represent the opinion of my employer or any group to which I belong....
Margaret

On Thu, Jan 23, 2020 at 9:45 AM ILPI Support <info**At_Symbol_Here**ilpi.com> wrote:
I know people are going to say don't bring politics to the list, but a Senate hearing is decidedly political.  It's critically important y'all understand who is on the majority side of this committee: https://www.epw.senate.gov/public/index.cfm/members

Just one important example: Senator Inhofe's public position is on "cutting regulations-to achieve energy dominance." which I take to mean he's not pro-CSB.  See https://www.inhofe.senate.gov/issues/energy-environment  as well as https://www.inhofe.senate.gov/epw-archive  He is known for his public rejection of the scientific consensus on climate change - you know, the one that 97% of all climate scientists agree on and the other 3% were published in non-peer reviewed journals, had faulty science etc, calling it 'the greatest hoax ever perpetrated on the American people."  He compared the IPCC to "Soviet style trial".  He consistently makes false claims about environmental science: https://www.factcheck.org/person/james-inhofe/   He's part of the cabal that has sought to remove scientists from the EPA because they have "conflicts of interest": https://www.inhofe.senate.gov/newsroom/press-releases/news-inhofe-joins-epa-administrator-pruitt-to-announce-epa-science-committee-directive and https://insideclimatenews.org/news/20100226/opponents-climate-regulations-start-targeting-scientists 

I have no idea what's behind this meeting, but clearly the importance of the CSB is well known and not a matter of (pressing) debate-so why hold this meeting?  If history is a guide, every meeting/proposal we've seen announced in areas of concern to the list membership in the past three years has been 1984 doublespeak with the opposite intent of what it says.  My spidey sense is that they are at least taking a run at putting CSB under the thumb of Congress (which, given its history under the Moure-Eraso era one can make arguments that way, sure; see https://www.epa.gov/sites/production/files/2018-06/documents/_epaoig_20180604-18-n-0208.pdf BTW), but I suspect its more likely another shot at gutting or eliminating it. Past history there: https://www.thenation.com/article/why-does-trump-want-to-stop-investigating-chemical-accidents/ and https://www.revealnews.org/article/trump-keeps-trying-to-kill-chemical-safety-board/ 

If anything, the CSB needs an expanded budget, more investigators, and the ability to actually do their job (CSB investigators were allegedly blocked from the West Fertilizer explosion site for a month: https://www.huffpost.com/entry/are-chemical-safety-inspe_b_3353064 . 

We're going to have to watch this one closely!

Rob Toreki
 ======================================================
Safety Emporium - Lab & Safety Supplies featuring brand names
you know and trust.  Visit us at http://www.SafetyEmporium.com
esales**At_Symbol_Here**safetyemporium.com  or toll-free: (866) 326-5412
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On Jan 23, 2020, at 7:04 AM, DCHAS Membership Chair <membership**At_Symbol_Here**DCHAS.ORG> wrote:

https://www.epw.senate.gov/public/index.cfm/hearings?ID=AC86E1F2-3A8A-473E-80BB-7F338CAC16F6

Stakeholder perspectives on the importance of the U.S. Chemical Safety and Hazard Investigation Board
January 29, 2020 10:00 AM

The Senate Committee on Environment and Public Works will hold a hearing entitled, "Stakeholder perspectives on the importance of the U.S. Chemical Safety and Hazard Investigation Board."

WEDNESDAY, January 29, 2020
10:00 AM
Room 406 of the Dirksen Senate Office Building

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--
Margaret A. Rakas, Ph.D.
Lab Safety & Compliance Director
Clark Science Center
413-585-3877 (p)

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