The CSB is an independent federal agency charged with investigating industrial chemical accidents. Headquartered in Washington, DC, the agency’s board members are appointed by the President and confirmed by the Senate. At this link is the Proposed Law that was set to be filed in the federal registrar on 12/12/19 and the agency says they have the statutory duty to issue a rule and is under Court order to do so no later than February 5, 2020. Could this affect the NH3 refrigeration industry?
On June 25, 2009, the CSB submitted an Advanced Notice of Proposed Rulemaking (ANPRM) entitled “Chemical Release Reporting,” at 74 FR 30259-30263, June 25, 2009. The ANPRM outlined four potential approaches to accidental release reporting and requested additional information for developing a proposed rule. Specifically, the CSB sought comments in response to several specific questions, including but not limited to the following:
Are there Federal, State, or local rules or programs for reporting chemical or other types of incidents that would be an appropriate model for the CSB to consider in developing a reporting requirement?
Should an initial report be made to the CSB or the National Response Center?
What information should be reported to the CSB?
How soon after an accident should reporting occur?
Should the rule be designed with distinct requirements for rapid notification of high consequence incidents and more systematic (and slower) notification of other incidents?
The CSB identified 1,923 chemical accidents in its database that occurred between January 1, 2009, and July 15, 2019. Each of these incidents involved either a fatality or hospitalization. A copy of the CSB’s database information regarding the 1,923 accidental releases is included in the docket for reference.8
The total number of annual incidents ranged from a low of 113 in 2017 to a high of 291 in 2012. Over 10.5 years, the average annual number of accidents was approximately 183. The median number of accidents per year was 169. NRC (National Report Center) informed the CSB that it receives approximately 30,000 telephone reports each year, and the average time required for each operator to complete
the call was approximately 8 minutes.
SUMMARY: This proposed 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 proposed rule is to ensure that the CSB receives rapid, accurate reports of any accidental release that meets established statutory criteria.
PROPOSAL: The CSB proposes to add a new part to title 40 of the Code of Federal Regulations, which will appear as a new part 1604. The proposed part will consist of six sections. Proposed § 1604.1 states the purpose of the rule. Proposed § 1604.2 sets forth key definitions. Section 1604.3 sets forth who must file a report and when. Section 1604.4 describes the information required in each report. Section 1604.5 implements the enforcement provisions authorized by 42 U.S.C. 7412(r)(6)(O). Section 1604.6 confirms that the procedure for seeking records obtained pursuant to the rule is governed by the Freedom of Information Act (FOIA).
§ 1604.1 Purpose.
The purpose of the rule is to require an owner/operator to notify the CSB promptly 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 damages, including but not limited to, any “regulated substance” at or below
any threshold quantity set by the Environmental Protection Agency (EPA)
-Property damage means damage to, or the destruction of, tangible public or private property, including loss of use of that property
§ 1604.3 Reporting an accidental release.
(a) The owner or operator of a stationary source must report in accordance with paragraph (b) or
(c) of this section, any accidental release resulting in a fatality, serious injury or substantial property damages.
(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 immediately following submission of the report to the NRC.
(c) If the owner or operator has not submitted a report to the NRC and notified the CSB under paragraph (b) of this section, the owner/operator must submit a report directly to the CSB within four 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, or by telephone at 202-261- 7600.
(d) Notwithstanding paragraphs (a) through (c) of this section, 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: report@csb.gov, or by correspondence to: Chemical Safety Board (CSB)…
§ 1604.4 Information required in an accidental release report
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 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 people evacuated;
(2) Approximate radius of the evacuation zone; and
(3) The type of individuals 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 part 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, and if appropriate, disclose such records, only in accordance with 40 CFR part 1601 and relevant Federal information disclosure laws.
DATES: Comments must be submitted by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN FEDERAL REGISTER].
ADDRESSES: You may send comments by any of the following methods:
• E-mail: reportingrule@csb.gov. Include docket number and/or RIN number, 3301-AA00, in the subject line of the message.
• Mail: Chemical Safety and Hazard Investigation Board, 1750 Pennsylvania Ave., NW, Suite 910, Washington, DC, 20006, ATTN: Reporting Rule Comment.
