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Is the off-site death of livestock considered environmental damage?

Under the hazard assessment requirements of 40 CFR Part 68, Subpart B, an owner or operator must document a five-year accident history including all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage (40 CFR §68.42(a)). If it is known that an accidental release from a covered process within the last five years has resulted in the death of livestock at a neighboring farm, must that event be reported in the five-year accident history?

Yes. The five-year accident history, required as a part of the hazard assessment under 40 CFR Part 68, Subpart B, must include all accidents resulting in any offsite property or environmental damage of which the stationary source owner or operator has knowledge. The death of animals off site due to an accidental release of a regulated substance from a covered process could be considered either environmental or property damage. Such an accident would therefore need to be included in the five-year accident history and documented as a known offsite impact under 40 CFR §68.42(b)(7).