CUSTOMER SERVICE ~ INTEGRITY ~ ACCOUNTABILITY
U.S. Chemical Safety and Hazard Instigation Board
22-N-0003
November 10, 2021

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Report Contributors:	Eric Lewis
Andre von Hoyer
Abbreviations
C.F.R.	Code of Federal Regulations
CSB	U.S. Chemical Safety and Hazard Investigation Board
EPA	U.S. Environmental Protection Agency
OIG	Office of Inspector General
U.S.C.	United States Code
Cover Image: The current status of CSB board members. (EPA OIG image)
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Office of Inspector General
U.S. Environmental Protection Agency
At a Glance
22-N-0003
November 10, 2021
What Are Management
Challenges?
The Reports Consolidation Act
of 2000 requires each inspector
general to prepare an annual
statement summarizing what
the inspector general considers
to be "the most serious
management and performance
challenges facing the agency"
and to briefly assess the
agency's progress in
addressing those challenges.
For fiscal year 2022, we
examined whether the
U.S. Chemical Safety and
Hazard Investigation Board
addressed the three
management challenges we
previously identified in Report
No. 20-N-0218, issued July 6,
2020. We determined that
only one remained a top
management challenge for
the CSB.
Fiscal Year 2022 U.S. Chemical Safety and Hazard
Investigation Board Management Challenges
What We Found
Management Challenge (initially identified in fiscal year 2019):
Accomplishment of CSB Mission Is Impaired Until New Board Members
Are Confirmed
The lack of board
members continues
to be the biggest risk
to CSB operations.
The Clean Air Act Amendments of 1990 authorized
the creation of the CSB and established a board of
five members, including a chairperson, that is
responsible for major budgeting decisions, strategic
planning and direction, general oversight of the CSB,
and approval of investigation reports and studies. Due to term expirations and a
board member resignation, the chairperson was, as of September 30, 2021, the
only remaining board member. However, the Senate is making progress toward
the confirmation of new members.
Having only one board member impairs the function of the CSB, as all functions
rest with that one member, which creates internal control vulnerabilities in terms of
separation of duties and workload management. Board Order 028, Board Member
Roles and Responsibilities, delineates executive and administrative functions of
the board based on the Clean Air Act Amendments of 1990. The order outlines the
specific authorities of the chairperson and the duties of the board as a whole. The
order does not address a situation when the only member of the board is the
chairperson. Regardless, workload limitations arising from one board member
attempting to perform the work of five impair the board's ability to fulfill its
responsibilities without risk of internal control concerns. The lack of five board
members may prevent the CSB from achieving its stated mission to "drive
chemical safety change through independent investigation to protect people and
the environment."
This report addresses the three
CSB goals:
•	Prevent recurrence of
significant chemical incidents.
•	Advocate safety and achieve
change.
•	Create and maintain an
engaged, high-performing
workforce.
Address inquiries to our public
affairs office at (202) 566-2391 or
OIG WEBPOSTINGS@epa.gov.
List of OIG reports.

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
THE INSPECTOR GENERAL
November 10, 2021
Katherine A. Lemos, PhD
Chairperson and Chief Executive Officer
U.S. Chemical Safety and Hazard Investigation Board
1750 Pennsylvania Avenue NW, Suite 910
Washington, D.C. 20006
Dear Dr. Lemos:
Enclosed is the Office of Inspector General's fiscal year 2022 management challenges report for the
U.S. Chemical Safety and Hazard Investigation Board. The Report Consolidation Act of 2000 requires
that I prepare an annual statement summarizing what the Office of Inspector General considers to be the
"most serious management and performance challenges facing" the CSB. This statement is also to briefly
assess the CSB's progress in addressing these challenges. We used audit, evaluation, and other analyses
of CSB operations to arrive at the issue presented.
We retained one of the three challenges that we reported in our previous CSB management challenges
report: OIG Report No. 20-N-0218. issued July 6, 2020. This challenge, Accomplishment of CSB Mission
Is Impaired Until New Board Members Are Confirmed, has an elevated urgency due to the four vacancies
on the board and the associated issues attributed to this condition. We no longer classify the other two
issues identified in the previous report as "top management challenges." One of these, CSB Has Not
Developed Policy on Board Member Responsibilities, has been largely addressed by revisions to Board
Order 028, although we do believe the revised order may still raise internal control concerns, which we
address in the retained challenge. The other, CSB Must Continue Operations Daring the Coronavirus
Pandemic, continues to be a concern, but the CSB is adjusting, like other agencies, to work in a pandemic
environment.
You are not required to provide a written response to this final report. Should you choose to provide a
response, we will post your response on the OIG's public website. Your response should be provided as
an Adobe PDF file that complies with the accessibility requirements of Section 508 of the Rehabilitation
Act of 1973, as amended. The response should not contain data that you do not want to be released to the
public; if your response contains such data, you should identify the data for redaction or removal along
with corresponding justification. We will post this report to our website at www.epa.gov/oig.
Sincerely,
Sean W. O'Donnell
Enclosure
cc: David LaCerte, Acting Managing Director, Senior Advisor and Executive Counsel, CSB
Bruce Walker, Senior Advisor to the Chairman and CEO, CSB

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Background
The U.S. Chemical Safety and Hazard Investigation Board is authorized by the Clean Air Act
Amendments of 1990 and became operational in January 1998. The CSB is an independent
federal agency charged with investigating chemical incidents and hazards.1 According to the
CSB website, its mission is to "drive chemical safety change through independent investigation
to protect people and the environment." The CSB examines all aspects of significant chemical
incidents, including the cause (for example, equipment failure) and root cause (for example,
why the equipment failed). The CSB does not issue fines or citations but does make
recommendations to plants; regulatory agencies, such as the Occupational Safety and Health
Administration and the U.S. Environmental Protection Agency; industry organizations; and labor
groups. According to the CSB, Congress designed the CSB to be nonregulatory and independent
of other agencies so that its investigations might, where appropriate, review the effectiveness
of regulations and regulatory enforcement.
The CSB is headquartered in Washington, D.C. In response to the coronavirus pandemic, the
CSB eliminated its physical office presence in Denver, Colorado, and all employees began
working remotely from locations nationwide.
The Clean Air Act Amendments of 1990 provide for a CSB board that "shall consist of
5 members, including a Chairperson." The board members are appointed by the president and
confirmed by the U.S. Senate. The board's chairperson serves as the chief executive officer and
administrator. The board is responsible for major budgeting decisions, strategic planning and
direction, general CSB oversight, and approval of CSB investigation reports and studies. Board
members may also participate in accident investigations. Individual board members oversee the
investigation and report writing for each incident examined by the CSB. The board must
approve all report findings, determinations of root cause, and safety recommendations.
According to the CSB's website, the board's recommendations serve as the CSB's principal tool
for achieving positive change; however, compliance with CSB recommendations is voluntary.
The U.S. Chemical Safety Board 2017-2021 Strategic Plan set three goals:
1.	Prevent recurrence of significant chemical incidents through independent investigations.
2.	Advocate safety and achieve change through recommendations, outreach, and
education.
3.	Create and maintain an engaged, high-performing workforce.
1 42 U.S.C. § 7412(r)(6).
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CHALLENGE. Accomplishment of CSB Mission Is Impaired Until New
Board Members Are Confirmed (initially reported as a challenge in fiscal year 2019)
OVERVIEW
According to the Clean Air Act Amendments of 1990, the
CSB governing body shall have the following composition
and responsibilities:
•	Five members, including a chairperson, appointed by ^	g
the president and confirmed bythe U.S. Senate. Board
members are term limited to five years. The statute permits removal of a board member,
including the chairperson, for inefficiency, neglect of duty, or malfeasance in office. The
Clean Air Act requires that board members be appointed based on technical qualification;
professional standing; and demonstrated knowledge in the fields of accident
reconstruction, safety engineering, human factors, toxicology, or air pollution regulation.
•	Investigate (or cause to be investigated), determine, and report to the public in writingthe
facts, conditions, circumstances, and cause, or probable cause of any accidental release
resulting in a fatality, serious injury, or substantial property damage.
In April 2020, two significant actions occurred that impacted the CSB's board. The first was the
Senate confirmation of the current chairperson. The second was the resignation of the only other
board member. As a result, the CSB's governing body has four vacancies, which leaves a single
person to serve not only as the board's chairperson and chief executive officer but also as its sole
member.
OUTLOOK: LACK OF BOARD MEMBERS IMPAIRS EXECUTION OF MISSION
Until new board members are appointed and confirmed, the board consists of only the
chairperson, which challenges the CSB's ability to achieve its mission to "drive chemical safety
change through independent investigation to protect people and the environment."
In an apparent response to our fiscal year 2020 CSB management challenges report,2 the CSB
revised Board Order 028 to finalize the roles and responsibilities of the chair and other board
members, among other changes, but this revision does not address the impediment to board
operations posed by an insufficient number of board members. As such, the basis of this
challenge remains substantially the same since our fiscal year 2020 CSB management
challenges report.
2 OIG Report No. 20-N-0218, FY 2020 U.S. Chemical Safety and Hazard Investigation Board Management Challenges,
issued July 6, 2020
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The CSB governing body must obtain a quorum to meet its mission and goals because CSB staff
do not have the authority to carry out board functions, including budgeting, planning, oversight,
and approval of investigations. CSB regulatory language at 40 C.F.R. § 1600.5(a) provides the
process to establish a quorum; however, the regulatory language lacks clarity. For example, it
leaves open whether a single board member may constitute a quorum. If a quorum of one is
permissible, then under the current circumstances, the chairperson would necessarily be
exercising both (1) the executive and administrative authorities reserved for the chairperson and
(2) the duties of the board. Such a situation, even if permissible, still presents internal control
vulnerabilities for the CSB in terms of separation of duties and workload management.
Separation of Duties
Having a single board member is contrary to the U.S. Government Accountability Office's
Standards for Internal Control in the Federal Government, GAO-14-704G, issued September 10,
2014, which provides for the segregation of duties. It states that "[management divides or
segregates key duties and responsibilities among different people to reduce the risk of error,
misuse, or fraud."
In addition, consistent with the Clean Air Act, Board Order 028 authorizes the chairperson to
individually exercise the executive and administrative functions of the board, including the
preparation of the budget. The board as a whole, however, must still approve investigation
reports and safety studies; make safety recommendations to federal, state, and local agencies
pertaining to reducing recurrences of chemical incidents; and determine the causes or probable
causes of chemical accidents. Having the chairperson serve as the sole board member is
problematic because Board Order 028 specifically references board duties as separate from the
chairperson's. A single person serving as "the Board as a whole" appears to negate the intent of
separation of chairperson versus board duties.
Workload Management
As stated above, the Clean Air Act provides for five technically qualified board members who
perform specified duties, such as serving as the principal spokespersons at accident sites and
conducting community meetings, hearings, and boards of inquiry during accident investigations.
Following the board's approval of accident investigation reports, board members play a
significant role in advocating the adoption of the CSB's recommendations by industry, labor,
government, and others. Board members also regularly participate in conferences, in safety
forums, and on committees, and they meet with leaders of other federal agencies. A single board
member is unlikely to have all the technical qualifications or the time to perform the required
board duties. In addition, CSB staff cannot assume board-specific duties, leaving the single board
member solely responsible to accomplish the duties of the board.
Without additional board members, the CSB's work to protect people and the environment is
impaired.
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WHAT REMAINS TO BE DONE
It appears progress is being made on this issue, as the Senate Committee on Environment and
Public Works reported on September 22, 2021, that three board member nominations moved
forward to the full Senate for consideration and confirmation votes. As of September 30, 2021,
however, the timing for the full Senate confirmation votes was undetermined. Until the new
board members are confirmed, the underlying circumstance has not changed since our last
report. Also, the necessary actions for resolving this management challenge continue to lie
outside of CSB control. To reduce the impact of this challenge on the CSB's mission and goals, the
president should continue to nominate, and the Senate should confirm, qualified new members
until the board is fully staffed.
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