Senators are looking to a third coronavirus relief bill to attach a three-month extension of the Department of Homeland Security’s facility safety program that is set to expire April 18, aiming to buy more negotiating time on separate legislation that would reauthorize the program but potentially also make substantive changes to it.
September 16, 2026
Facing legal and administrative deadlines, the U.S. Chemical Safety Board (CSB) has finalized a first-time rule that mandates reports from chemical facilities in the wake of accidental chemical releases, despite industry claims that the rule is unnecessary or that the board should rely on other accident reports that facilities submit to other federal entities such as EPA or OSHA.
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Pressure is mounting on Congress to put aside partisan differences and reauthorize the Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) program before it expires in April, pressure that is likely to rise in the wake of EPA’s rollback of its related Risk Management Plan (RMP) program.
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Senators are warning that the Chemical Safety Board (CSB) risks losing its quorum when one of its two current member’s terms expires next week and are calling for the Senate to quickly vote on a pending Trump administration nominee, though the vote appears to have stalled amid partisan wrangling.
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Major industry groups are seeking to intervene on EPA’s behalf in litigation brought by environmentalists and a labor union challenging the agency’s rollback of Obama-era Risk Management Plan (RMP) facility safety mandates, an action the industry groups may need should President Trump lose re-election and the next administration abandons its defense of the rollback.
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The U.S. Chemical Safety and Hazard Investigation Board’s (CSB) proposed accidental chemical release rule is drawing competing criticisms, with environmentalists and other advocacy groups saying it weakens reporting mandates to the point of being “useless” while industry entities claim it risks subjecting companies to “inappropriate enforcement.”
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The United Steelworkers (USW) is joining an environmental coalition in challenging EPA’s rollback of the Obama-era chemical facility safety rule, contending the agency “capitulated to industry demands” by eliminating key provisions in the rule that would prevent foreseeable catastrophic accidents.
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A coalition of environmentalists has filed suit against EPA’s rollback of an Obama-era regulation tightening facility safety mandates on the same day the measure was promulgated, arguing the Trump administration has removed nearly all disaster-prevention measures and weakened many of the other protections that were in the 2017 rule.
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EPA is facing likely challenges over its rule rolling back Obama-era chemical facility safety requirements, with early signs pointing to the parties battling over the adequacy of the agency’s legal justifications, including its claim that the original rule failed to sufficiently weigh an arson finding at a key industrial incident and its cost-benefit analysis.
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A federal appeals court has overturned a lower court ruling that blocked the Chemical Safety Board (CSB) from enforcing subpoenas related to “potential” releases, with the three-judge panel finding the board’s reach includes the power to subpoena documents to examine the “potential harm” stemming from an industrial accident.
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