EPA Enforces CSB Reporting Rule – 7-28-25

Yesterday, the Chemical Safety Board (CSB) announced that the Environmental Protection Agency (EPA) had taken enforcement action against Pacific Gas and Electric Company (PG&E) for failing to comply with the CSB’s Accidental Release Reporting Rule even after being notified of reporting requirement by CSB. The action was taken under 40 CFR 1604.5. According to the announcement:

“Despite being advised by the CSB that the company was required to report the release, PG&E failed to submit a report to the CSB following the June 2023 incident. As provided by the Clean Air Act [link added, §112(r)(6)(O) pg 92], the CSB referred the matter to EPA for enforcement.”

The announcement further notes that:

“This settlement marks the first-ever enforcement action resolved under the CSB’s Accidental Release Reporting Rule. As part of the resolution, PG&E will pay a civil penalty of $45,273 and was required to submit the required report to the CSB earlier this year.”

Commentary

The CSB, in their discussions about rule enforcement, have always maintained that they would not take enforcement action for a simple reporting oversight. According to what has been reported here by the CSB, this is not a ‘simple oversight’, but a willful refusal to report even after being notified by the CSB of their failure to report the incident. With this consent agreement, it would appear that PG&E now acknowledges their failure to comply with their statutory obligations and will pay the relatively minor cost for doing so. Submitting the report would have been much cheaper.