Seyfarth Synopsis: The U.S.
Chemical Safety and Hazard Investigation Board (CSB) has proposed
new accidental chemical release reporting requirements that are
broad in scope and would cover additional chemicals, lower
threshold quantities, and are generally more narrow than existing
regulatory release reporting requirements already facing
industry.
The CSB proposed rules on Accidental Release Reporting
last month which impose on industry new reporting requirements in
addition to existing reporting requirements under CERCLA, EPCRA,
SPCC, CAA, CWA, RMP, PSM and OPA in the event of an accidental
chemical release. 84 Fed. Reg. 67899 (Dec. 12, 2019). The
proposed rule is confusing in that it utilizes different
definitions than used under other EPA release reporting rules and
requires facilities to undertake a new analysis of
the type of chemical release that would fall under the scope of the
CSB's reporting requirements.
