Skip to Main Content

Insight

02/11/2020
Holland & Hart News Update

Chemical Safety Board to Require Reporting of Significant Accidental Releases

By Andrew Orr, Robert Ayers, and other Co-Authors

On February 5, 2020, the U.S. Chemical Safety & Hazard Investigation Board (“CSB”) announced a new rule that will require owners and operators of stationary sources to report certain unanticipated emissions of regulated or hazardous substances to the CSB. The new reporting requirement takes effect 30 days after the rule is published in the Federal Register, which is expected to occur this week. This alert addresses the kinds of events that trigger the new reporting requirement, when reports must be made, information required to report, potential consequences for not reporting, and where to get help with the new rule.

What kinds of events are covered by the new rule?

Under the new rule, reports are required for accidental releases of a regulated or extremely hazardous substance, as defined under the Clean Air Act, which result in a fatality, inpatient hospitalization, or property damage in excess of $1,000,000.

When must reports be made?

Reports must be submitted to the CSB within eight hours of the release. Importantly, owners or operators who submit reports to the National Response Center (“NRC”) following an accidental release can satisfy the new CSB rule by simply submitting the NRC identification number to the CSB within 30 minutes of submitting the NRC report. Reports can be submitted by phone at (202) 261-7600 or email at report@csb.gov.

What information must be included in the reports?

The reports must include information about the facility, the released substance, the nature of the release, any injuries or damage, and impact on the general public. Details about injuries and damage need only be included “if known” at the time of the report.

What are the consequences of not reporting?

While the CSB is not an enforcement agency, the new rule provides that the CSB can refer violations to the EPA for enforcement, which may include administrative penalties, civil action, or criminal action. There will be a one-year grace period during which the CSB will not refer reporting failures for enforcement unless the failure was intentional.

Where can I get help with the new rule?

Holland & Hart’s Workplace Safety and Emergency Response team guides facilities through all aspects of the regulatory compliance process, from prevention to emergency response following workplace incidents. If you have questions about the new CSB rule, please contact a member of the EHS team.


This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.

DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.