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Before hurricane force winds and associated storm surge flooding can damage industrial processes and cause uncontrolled releases of hazardous chemicals, owners/operators typically take prudent preventive action by safely shutting down processes (e.g., deenergize or isolate process equipment) or otherwise operating under emergency operations procedures, as were widely performed in preparations for Hurricane Katrina.
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For complex industrial processes, shut-down operations require special care beyond normal operations. Process shutdown often involves numerous simultaneous activities and rapidly changing process conditions.
Normally, automated systems or process controls may be bypassed, disconnected, or under manual control. Of particular concern are the hazards associated with the additional human/process interactions required during shut-down operations, as process parameters may be in unusual ranges and operators may have less experience controlling plant conditions during a shutdown.
Don’t forget, too, that there are various laws and regulations requiring facilities to minimize chemical releases during process shut-down operations, and if reportable releases occur, they must be reported immediately upon constructive knowledge of the occurrence.
Release Minimization Requirements
The Clean Air Act (CAA) establishes the general duty of owners/operators to prevent accidental releases of certain listed substances and other extremely hazardous substances and to minimize the consequences of accidental releases that do occur. This duty involves assessing the potential hazards of such releases, designing and maintaining a safe facility, and taking such steps as are necessary to prevent accidental releases and minimize their consequences.
Also, facilities subject to the national emissions standards for hazardous air pollutants general duty clause are required at all times, including during periods of start-up, shutdown- and malfunction, to operate and maintain any affected source in a manner consistent with safety and good air pollution control practices for minimizing emissions of hazardous air pollutants.
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Reporting Requirements in Effect
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) requires facilities to immediately notify the National Response Center (NRC) of any release of a hazardous substance in an amount equal to or greater than the reportable quantity (RQ) for that substance.
Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA) also requires owners/operators to immediately notify both their respective State Emergency Response Commissions (SERCs) and Local Emergency Planning Committees (LEPCs) whenever their facility has released an RQ of a CERCLA hazardous substance or an EPCRA extremely hazardous substance (EHS).
See tomorrow’s Advisor for what to do about releases to air.