Are releases under prior ownership included in the five-year accident history?
Documentation of a five-year accident history is required as part of the hazard assessment under 40 CFR Section 68.42. Should a stationary source subject to the risk management program regulations report as part of the five-year accident history any accidents that occurred when the facility was under prior ownership?
Yes. The risk management program regulations do not limit reporting for the five-year accident history to accidents that occurred under a facility's current ownership or operational management. Owners or operators, therefore, should include all accidental releases from a covered process that resulted in specified consequences such as, death, injury, or significant property damage regardless of who owned or operated the facility. Information on other aspects of a facility's accident history should be available from the facility's previous owner or from governmental sources (accident information reported in previous RMPs is available from EPA upon request). Information on accidents that are reported to Federal agencies can also be acquired from databases such as the Emergency Release Notification System (ERNS) database. State and local environmental agencies also can be contacted to get information on past accidental releases.