Chemical Safety Board (CSB) Accidental Release Reporting Rule

The enabling statute 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.  On February 5, 2020, the U.S. Chemical Safety and Hazard Investigation Board (CSB) approved a final rule on accidental release reporting. The final rule tracks the legal requirements of the CSB’s enabling statute.  It requires that owners or operators of facilities that experience an accidental release of an extremely hazardous substance into the ambient air from a stationary source which results in a death, serious injury or substantial property damage must be reported to the CSB. The rule balances the statutory requirement for having a reporting rule with an appropriately narrowed scope focused on helping the CSB collect information needed to make informed and timely deployment decisions.  This reporting information will help improve the CBS’s ability to respond promptly to the most significant accidental releases.