Chemical Safety and Hazard Investigation Board (CSB) accidental release reporting

Scope

The owner or operator of a stationary source must report any accidental release resulting in a fatality, serious injury, or substantial property damage. A release amount that results in any of those consequences would qualify for reporting.

Regulatory citations

• 40 CFR 1604 — Reporting of accidental releases

Key definitions

• Accidental release: An unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.
• Ambient air: Any portion of the atmosphere inside, adjacent to, or outside a stationary source.
• Extremely hazardous substance: Any substance that may cause death, serious injury, or substantial property damages, including but not limited to any “regulated substance” at or below any threshold quantity set by the EPA Administrator.
• General public: Any person except for:
  • 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
  • Any person acting in the capacity of an emergency responder to an accidental release from a stationary source.
• Inpatient hospitalization: A formal admission to the inpatient service of a hospital or clinic for care.
• Owner or operator: Any person or entity who owns, leases, operated, controls, or supervises a stationary source.
• Recommendation: Suggestions for actions to specific parties, issued with the intention of future accident prevention. They are based on the lessons derived from each investigation or study, and are listed at the conclusion of each report. Recommendations are classified as open (the CSB is still awaiting an acceptable response) or closed (action has been taken to meet the CSB’s recommendation).
• Regulated substance: Any substance listed pursuant to the authority of 42 USC 7412(r)(3). Regulated substances are those listed under 40 CFR 68, Chemical Accident Prevention Programs (also known as Risk Management Program).
• Root cause: A deficiency in a safety management system or any factor that would have prevented an accident if it had not occurred.
• Serious injury: Any injury or illness that results in death or inpatient hospitalization.
• Stationary source: Any building, 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: Estimated property damage at or outside the stationary source equal to or greater than $1,000,000.

Summary of requirements

• The owner or operator of a stationary source must report any accidental release resulting in a fatality, serious injury, or substantial property damage.
• If the owner or operator has submitted a report to the National Response Center (NRC) pursuant to the Superfund/EPCRA requirements at 40 CFR 302.6, the CSB reporting requirement may be satisfied by submitted the NRC identification number to the CSB within 30 minutes of submitting a report to the NRC.
• If the owner or operated 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 report@csb.gov, by telephone at 202-261-7600, or by using the CSB reporting form found on the CSB website.
• 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 1604.4.
• An owner or operator of a stationary source, without penalty, may revise or update information reported to the NRC or the CSB by sending a notification with revisions within 30 days by email to: report@csb.gov; or by correspondence to:
  
  
  Chemical Safety Board
  1750 Pennsylvania Ave. NW,
  Suite 910
  Washington DC, 20006