Compliance During Inclement Weather

Photo courtesy of @gletham GIS, Social, Mobile Tech Images. Some rights reserved.

While tornadoes dominate headlines, the EPA is looking forward a few weeks to the onset of hurricane season. As if your personal safety weren’t enough to look out for, a recent EPA news release reminds us that extra precautions should be taken to minimize chemical releases associated with natural disasters.

This is not only a gentle suggestion but a federal requirement. Under the Clean Air Act’s Section 112(r)(1) – 42 U.S.C. 7412(r)(1) – owners and operators of facilities producing, processing, handling or storing hazardous substances have a “general duty” to take the steps necessary to prevent releases of such substances (you can see a list of the regulated substances at 40 C.F.R. 68.130). Such steps typically include a mix of general safety precautions and maintenance, monitoring, and employee training measures.

Let a little something slip? Any release that surpasses the “reportable quantity” for that substance mandates immediate notification of the National Response Center pursuant to Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9603). But just because you’ve notified the federal authorities doesn’t mean you can leave your neighbors in the dark – Section 304 of the Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11004) requires owners and operators to alert state and local emergency response groups as well.

The relative predictability of hurricanes buys affected facility owners/operators a little bit of time – a rare opportunity not afforded to those in tornado zones. Of course, many of the precautions recommended are the same, it’s just that the schedule for implementation can be drastically different.

For more information, visit the EPA’s Natural Disaster and Weather Emergencies center.

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