U.S. Environmental Protection Agency (EPA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) announced a settlement with an Electric Utility, resolving a violation of the Clean Air Act (CAA) and the CSB’s 2020 Accidental Release Reporting rule. This is the first time EPA has taken an enforcement action and reached a settlement with a company for violations of the 2020 rule.
On June 8, 2023, an accidental release of natural gas from a pipeline in San Jose, California, caused a serious injury to an employee. The company failed to report the incident to the CSB. Under the settlement, the company will pay a civil penalty of $45,273 for failing to report that incident. The company has submitted a report to the CSB containing the required information about the incident.
The Accidental Release Reporting rule is part of the chemical accident prevention requirements under section 112(r) of the CAA. The rule requires owners and operators of stationary sources to report accidental releases of regulated or other extremely hazardous substances that result in a fatality, serious injury, or substantial property damage to the CSB. The CAA authorizes EPA to enforce the failure to report an accidental release to the CSB.
Failure to report incidents such as these hinder the CSB’s ability to investigate accidental releases, determine probable causes of those releases, and recommend measures to prevent future occurrences. This settlement further reinforces the partnership between the CSB and EPA in promoting chemical safety and preventing accidental releases.
Read the EAB’s order to PG&E (pdf) (542.25 KB) , and the February 21, 2020 Chemical Accident Reporting final rule (pdf) (85 Fed. Reg. 10074) for more information.