2026 October - EHS Regulatory Update

Colleagues,

Please see the attached October regulatory update. 

This month's update reinforces an important EHS leadership principle: compliance sets expectations, but effective risk management requires us to continually verify that the safeguards protecting our people and operations will work when we need them most. 

A few items worth your attention:

The latest CSB investigation provides an important process safety lesson. The final report on the Shell Polymers Monaca explosion and fire found that two motor-operated isolation valves were inadvertently opened simultaneously, allowing flammable gas to backflow into a furnace and ignite. The CSB highlighted reliance on administrative controls and recommended stronger engineered safeguards. This is a valuable reminder to examine where a single action, or combination of actions, could defeat critical protections in our own operations.

OSHA continues to focus on both existing requirements and emerging heat protections. The eyewash guidance is a useful reminder that relatively straightforward requirements can become significant enforcement issues when equipment is improperly located, maintained, or matched to the hazard. OSHA is also continuing its heat injury and illness prevention rulemaking, with additional proposed changes and another opportunity for public comment expected.

Transportation requirements continue to evolve. PHMSA's September 28 final rule incorporates updated ASME and National Board standards for certain cargo tanks, cryogenic portable tanks, and multi-unit tank car tanks. Organizations involved in applicable hazardous-material transportation should evaluate whether the changes affect their equipment or programs.

On the Environmental and Security fronts, EPA's changes aligning EPCRA hazardous chemical inventory reporting with OSHA's Hazard Communication Standard deserve attention as facilities prepare for future reporting requirements. The update also highlights the continuing chemical-sector security concern created by the expiration of CFATS authority and the resulting limitations on federal terrorist-screening capabilities.

Leadership takeaway: Strong EHS performance depends on more than having procedures, training, and safeguards in place. We need to periodically challenge whether our most important protections are truly independent, reliable, and capable of preventing a serious event when people, equipment, or systems do something unexpected. 

Question for consideration: Where in your operation could two things happening at the wrong time defeat an important safeguard, and what independent protection would prevent that situation from becoming a serious incident? 

As always, I welcome your questions, observations, and suggestions for future EHS Committee discussions. 

With appreciation,
David
 
David J Neely, MS, CSP (Emeritus)
PCA EHS Committee Technical Support
Cell: 740.258.4605

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