Reporting Requirements

The Chemical Safety and Hazard Investigation Board’s (“CSB’s”) long-awaited accidental reporting rule became effective on March 23, 2020. Under the new rule, 40 C.F.R. §§ 1604.1-1604.6., owners and operators of chemical facilities must report accidental releases that result in fatalities, substantial injury, or substantial property damage over a million dollars. This requirement includes reporting of releases that result in in-patient hospitalization, even if the hospitalization is taken as a precautionary measure. As such, this rule may impose a new reporting requirement for accidental releases from certain pipeline facilities that result in injury or property damage, such as at complex facilities where there is non-transportation related storage, processing or other handling of chemical substances.

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