First-Ever Accidental Release Rule Settlement Reached with Pacific Gas & Electric
WASHINGTON — Today, U.S. Environmental Protection Agency (EPA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) announced a settlement with Pacific Gas and Electric Company (PG&E) resolving a violation of the Clean Air Act (CAA) and the 2020 Accidental Release Reporting rule. This is the first time EPA has taken an enforcement action and reached a settlement with a company for violations of the 2020 rule.
On June 8, 2023, an accidental release of natural gas from a PG&E pipeline in San Jose, California, caused a serious injury to a PG&E employee. PG&E failed to report the incident to the CSB. Under the settlement, PG&E will pay a civil penalty of $45,273 for failing to report that incident. PG&E has submitted a report to the CSB containing the required information about the incident.
“Americans have a right to know about accidental releases of dangerous substances and their impacts,” said Deputy Assistant Administrator Cecil Rodrigues for the Office of Enforcement and Compliance Assurance. “This settlement clearly signals that EPA will hold companies accountable for not providing CSB with essential information, which can lead to the potential for loss of life, injury, or property damage.”
“This matter underscores the importance of timely and accurate reporting to the CSB,” said CSB Chairperson Steve Owens. “When companies fail to report serious chemical releases like this, 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.”
The Accidental Release Reporting rule is part of the chemical accident prevention requirements under section 112(r) of the CAA. The rule requires owners and operators of stationary sources to report accidental releases of regulated or other extremely hazardous substances that result in a fatality, serious injury, or substantial property damage to the CSB. The CAA authorizes EPA to enforce the failure to report an accidental release to the CSB.
Failure to report incidents such as these hinder the CSB’s ability to investigate accidental releases, determine probable causes of those releases, and recommend measures to prevent future occurrences. This settlement further reinforces the partnership between the CSB and EPA in promoting chemical safety and preventing accidental releases.
Read the EAB's order to PG&E (pdf) , and the February 21, 2020 Chemical Accident Reporting final rule (pdf) (85 Fed. Reg. 10074) for more information.
Additional information on the CSB’s Accidental Release Reporting rule is available in the CSB’s 2022 Reporting of Accidental Releases (pdf).