Expect New Chemical Safety Board Reporting Regs By Fall
Since its inception, the U.S. Chemical Safety and Hazard Investigation Board, or CSB, has not required reporting of accidental chemical releases. However, after a scathing court order from a federal judge earlier this month, the board might just find itself reporting for duty after all.
Air Alliance Houston v. CSB
In a succinct, yet forceful, decision, Judge Amit Mehta of the U.S. District Court for the District of Columbia lambasted the CSB for what he called "an egregious abdication of a statutory obligation" to promulgate reporting regulations under the Clean Air Act Amendments of 1990.[1]
Even by its own admission, the CSB is required by the Clean Air Act to "establish by regulation requirements binding on persons for reporting accidental releases into the ambient air subject to the Board's investigatory jurisdiction."[2] In its decision, the court dismissed the CSB's arguments that plaintiff environmental groups lacked standing and found that the board did "unreasonably delay" action after having failed to promulgate regulations for nearly 28 years.
Ultimately, the court ordered the CSB to promulgate final accidental chemical release reporting regulations within 12 months.[3] Absent a successful appeal or request for extension by the CSB, owners and operators of industrial facilities can expect to see a new rule-making — with an accompanying opportunity to submit public comments — by the fall.
