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Hurricane prediction, mapping, and warning systems have never been better so owners/operators of regulated facilities now have ample time to prepare for storms that could potentially cause uncontrolled releases of hazardous substances. In a recent advisory from EPA’s Region 4, the agency reminded owners/operators of their responsibilities related to preparing for and responding to accidental releases.
According to the EPA, complex industrial processes that implement prehurricane shutdown procedures need to take special care during such operations “as process parameters may be in unusual ranges and operators may have less experience controlling plant conditions during a shutdown.” In particular, the EPA reminds owners/operators that CAA Section 112(r)(1) establishes a general duty to prevent releases of listed and other extremely hazardous substances and to minimize the consequences when releases do occur. Facilities that are covered by the national emissions standards for hazardous air pollutants general duty clause at 40 CFR Section 63.6(e)(1)(i) must at all times operate and maintain any affected source safely and use good air pollution control practices— including during start-up, shutdown, and malfunction periods.
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In addition, owners/operators should be aware that CAA permit limits and control regulations normally do not control or limit releases that are unintended such as those that occur during a malfunction or accident resulting from a natural disaster like a hurricane. As a result, such reportable quantity releases do not qualify for exemption under Section 101(10)(H) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and therefore must be reported.
Similarly, owners/operators of facilities with qualified exemptions for continuous releases that are “stable in quantity and rate” under CERCLA Section 103 (f)(2), should note that the EPA does not extend the exemption to reportable quantity releases occurring during hurricane-related shutdown operations because these activities are normally considered to be random or nonroutine events.
Therefore, reporting in either case should take place “immediately upon constructive knowledge of occurrence.” Section 103 of CERCLA requires reporting to the National Response Center (NRC) of any quantity equal to or greater than the reportable quantity of that substance. Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA) requires reporting to the State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) for reportable quantity releases of either CERCLA-listed hazardous substances or EPCRA extremely hazardous substances.
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To make sure regulated facilities are prepared for hurricane season and accidental releases, the EPA recommends the following actions be taken:
- Continuously update emergency contact information provided to LEPCs;
- Continuously update emergency contact information contained in Section 1.8 of the facility’s Risk Management Plan (if required under CAA Section 112(r)(7));
- Determine in advance the likelihood of losing land-based or cell phone services during a hurricane, and consider the use of satellite phones as an alternative; and
- Remember that immediate reporting to the NRC is key to effective response in the event of a release because the NRC notifies the EPA, which in turn coordinates with SERCs and LEPCs to minimize damage to human health and the environment from unintended hazardous releases.