EPA, CSB Reach First-Ever Settlement Under Accidental Release Reporting Rule

On July 28, EPA and the Chemical Safety and Hazard Investigation Board reached a settlement with the Pacific Gas and Electric Company, resolving the company’s violation of CSB’s Accidental Release Reporting rule. EPA’s news release explains that this is the first time the agency has taken an enforcement action and reached a settlement with a company for failing to comply with the 2020 rule. The Accidental Release Reporting rule is a requirement under Section 112(r) of the Clean Air Act that directs owners or operators of facilities to report to CSB any accidental releases of hazardous substances that result in a fatality, serious injury, or significant property damage. The Clean Air Act authorizes EPA to take enforcement actions for failure to report an accidental release to CSB.

The incident that triggered the settlement was a natural gas release from a PG&E pipeline in San Jose, California, on June 8, 2023, which seriously injured an employee of the company. CSB’s news release states that although the agency advised PG&E to submit a report after the release, the company did not do so. CSB referred the incident to EPA for enforcement. As part of the settlement, PG&E submitted the report to CSB earlier this year and will pay a civil penalty of $45,273.

“When companies fail to report serious chemical releases like this,” said CSB Chairperson Steve Owens, “they impede the CSB’s ability to carry out the agency’s core mission to conduct independent investigations of these incidents and help prevent similar incidents from happening in the future.”

“This settlement further reinforces the partnership between the CSB and EPA in promoting chemical safety and preventing accidental releases,” EPA states.

The news releases published by EPA and CSB provide further information, including links to the reporting rule and a PDF of the settlement.