Here is an initial look at the rule, signed by the CSB Interim Executive today.
The final rule requires an owner or operator of a stationary source to submit an accidental release report to the CSB. The rule describes when to file a report of an accidental release and the required content of such a report. The purpose of the rule is to ensure that the CSB receives rapid, accurate reports of any accidental release that meets established statutory criteria. Reporting releases to the National Response Center, in lieu of the Board directly, shall satisfy such regulations. But be aware of this little fact:
The CSB screened 1,923 incidents from 2010 to July 15, 2019, which resulted in an injury or fatality. The CSB compared NRC reports it received during that time period with the information it had collected through other means. The CSB found that it had matching NRC reports for only 13.16 percent (253) of the incidents the CSB had identified through other means.
Releases of less than a threshold quantity will not be reported to the NRC… However, the same release may have caused a death or serious injury within the jurisdiction of the CSB.
The accidental release reports will REQUIRE ONLY INFORMATION that is already known or should be available to an owner/operator soon after an accidental release. To provide the owner/operator more time to gather the necessary information the final rule has INCREASED THE REPORTING WINDOW from four to EIGHT HOURS. The required information is also limited in scope to critical information required for the CSB to make informed decisions about its jurisdiction, interagency coordination, and deployment decision-making.
Here is my breakdown of what to expect…
40 CFR Part 1604
This rule is effective as of [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN FEDERAL REGISTER].
SUPPLEMENTARY INFORMATION:
The CSB was established by the Clean Air Act Amendments of 1990, Pub. L. 101549, 104 Stat. 2399 (November 15, 1990). The statute directs the CSB, among other things, to:
investigate (or cause to be investigated), determine and report to the public in writing the facts, conditions, and circumstances and the cause or probable cause of any accidental release resulting in a fatality, serious injury or substantial property damages;
* * *
recommen[d] measures to reduce the likelihood or the consequences of accidental releases and propos[e] corrective steps to make chemical production, processing, handling and storage as safe and free from risk of injury as is possible . . .
42 U.S.C. 7412(r)(6)(C)(i) and (ii)
The CSB’s enabling legislation also includes a requirement that the CSB:
establish by regulation requirements binding on persons for reporting accidental releases into the ambient air subject to the Board’s investigatory jurisdiction. Reporting releases to the National Response Center, in lieu of the Board directly, shall satisfy such regulations. The National Response Center shall promptly notify the Board of any releases which are within the Board’s jurisdiction.
Summary of Rule
The CSB is issuing a final rule to require an owner or operator of a stationary source to submit an accidental release report to the CSB. The rule describes when an owner or operator is required to file a report of an accidental release and the required content of such a report. The purpose of the rule is to ensure that the CSB receives rapid, accurate reports of any accidental release that meets established statutory criteria.
The accidental release reports will REQUIRE ONLY INFORMATION that is already known or should be available to an owner/operator soon after an accidental release. To provide the owner/operator more time to gather the necessary information the FINAL RULE HAS INCREASED THE REPORTING WINDOW FROM FOUR TO EIGHT HOURS. The required information is also limited in scope to critical information required for the CSB to make informed decisions about its jurisdiction, interagency coordination, and deployment decision-making.
For example,
Subsections (a)-(e) require only minimal contact information and a basic description of the accidental release.
Subsection (g) requests the relevant Chemical Abstract Service (CAS) Registry Number associated with the chemical(s) involved in the accidental release.
Subsections (h), (i), (j), and (l)(1)-(3) include an important qualifier, “if known.” This qualifier recognizes that some or all of this information may not be known within eight hours of an accidental release. (See discussion under Section 1604.3, Reporting an accidental release).
This rule adds a new part to Title 40 of the Code of Federal Regulations, which will appear as a new Part 1604.
The new part consists of six (6) sections.
Section 1604.1 purpose of the rule.
Section 1604.2 key definitions.
Section 1604.3 reporting rules
Section 1604.4 information required in each report
Section 1604.5 enforcement provisions
Section 1604.6 public availability of accidental release records
§ 1604.1 Purpose.
The enabling legislation of the Chemical Safety and Hazard Investigation Board (CSB) provides that the CSB “shall establish by regulation requirements binding on persons for reporting accidental releases into the ambient air subject to the Board’s investigative jurisdiction.” 42 U.S.C. 7412(r)(6)(C)(iii). This part establishes the rule required by the enabling legislation. The purpose of the rule is to require prompt notification of any accidental release within the CSB’s investigatory jurisdiction.
§ 1604.2 Definitions.
Accidental release means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.
Ambient air means any portion of the atmosphere inside or outside a stationary source.
Extremely hazardous substance means any substance which may cause death, serious injury, or substantial property damage, including but not limited to, any “regulated substance” at or below any threshold quantity set by the EPA Administrator under 42 U.S.C. 7412(r)(5).
General public means any person except for:
(1) workers, employees or contractors working for (or on behalf of) the owner or operator of a stationary source from which an accidental release has occurred; and
(2) any person acting in the capacity of an emergency responder to an accidental release from a stationary source.
Inpatient hospitalization means a formal admission to the inpatient service of a hospital or clinic for care.
Owner or operator means any person or entity who owns, leases, operates, controls, or supervises a stationary source.
Property damage means damage to or the destruction of tangible public or private property, including loss of use of that property.
Regulated substance means any substance listed pursuant to the authority of 42 U.S.C. 7412(r)(3).
Serious injury means any injury or illness that results in death or inpatient hospitalization.
Stationary source means any buildings, structures, equipment, installations, or substance-emitting stationary activities which belong to the same industrial group, which are located on one or more contiguous properties, which are under the control of the same person (or persons under common control), and from which an accidental release may occur.
Substantial property damage means estimated property damage at or outside the stationary source equal to or greater than $1,000,000.
§1604.3 Reporting an accidental release.
(a) The owner or operator of a stationary source must report in accordance with paragraph (b) or (c), any accidental release resulting in a fatality, serious injury or substantial property damage.
(b) If the owner or operator has submitted a report to the National Response Center (NRC) pursuant to 40 CFR 302.6, the CSB reporting requirement may be satisfied by submitting the NRC identification number to the CSB within 30 minutes of submitting a report to the NRC.
(c) If the owner or operator has not submitted a report to the NRC and notified the CSB under 1604.3(b), the owner/operator must submit a report directly to the CSB within eight hours of the accidental release and must include the required information listed in §1604.4. A report may be made by email to: [email protected], or by telephone at 202261-7600.
(d) For the purpose of efficiency, multiple owner/operators may agree in advance or at the time of release to a single, consolidated report on behalf of one or more parties who are responsible for reporting an accidental release from a stationary source. However, any consolidated report must include all pertinent information required under part 1604.4. (e)
Notwithstanding the foregoing, an owner or operator of a stationary source, without penalty, may revise and/or update information reported to the NRC or CSB by sending a notification with revisions by email to: [email protected], or by correspondence to: Chemical Safety Board (CSB) 1750 Pennsylvania Ave., NW, Suite 910, Washington, DC 20006, within 30 days following the submission of a report to the NRC or CSB. If applicable, the notification must reference the original NRC identification number. No update or revisions should be sent to the NRC. In addition to the opportunity to revise and/or update information within 30 days, an owner or operator may also submit a revised report to the Board within 60 additional days if the submitter explains why the revised report could not have been submitted within the first 30 days.
§ 1604.4 Information required in an accidental release report submitted to the CSB
The report required under §1604.3(c) must include the following information regarding an accidental release as applicable:
(a) The name of, and contact information for, the owner/operator;
(b) The name of, and contact information for, the person making the report;
(c) The location information and facility identifier;
(d) The approximate time of the accidental release;
(e) A brief description of the accidental release;
(f) An indication of whether one or more of the following has occurred:
(1) fire;
(2) explosion;
(3) death;
(4) serious injury; or
(5) property damage.
(g) The name of the material(s) involved in the accidental release, the Chemical Abstract Service (CAS) number(s), or other appropriate identifiers;
(h) If known, the amount of the release;
(i) If known, the number of fatalities;
(j) If known, the number of serious injuries;
(k) Estimated property damage at or outside the stationary source;
(l) Whether the accidental release has resulted in an evacuation order impacting members of the general public and others, and, if known:
(1) the number of persons evacuated;
(2) the approximate radius of the evacuation zone;
(3) the type of person subject to the evacuation order (i.e., employees, members of the general public, or both).
§ 1604.5 Failure to report an accidental release.
(a) It is unlawful for any person to fail to make reports required under this part, and suspected violations of this regulation will be forwarded to the Administrator of the EPA for appropriate enforcement action.
(b) Violation of this part is subject to enforcement pursuant to the authorities of 42 U.S.C. 7413 and 42 U.S.C. 7414, which may include –
(1) Administrative penalties;
(2) Civil action; or
(3) Criminal action.
§ 1604.6 Public availability of accidental release records.
Accidental release records collected by the CSB under this rule may be obtained by making a request in accordance with 40 CFR part 1601, the CSB’s procedures for the disclosure of records under the Freedom of Information Act. The CSB will process requests, and if appropriate, disclose such records, in accordance with 40 CFR part 1601 and relevant federal information disclosure laws.