EPA Issues Reminder about Regulations Addressing Releases in Emergency Shutdowns

With hurricane season rapidly approaching, EPA has taken the opportunity to remind owners and operators of industrial facilities of laws and regulations that address chemical releases during shutdowns.  “Unlike some natural disasters,” EPA explains, “the onset of a hurricane is predictable and allows for early preparations to lessen its effect on a facility.”  High winds, storm surges, and other challenges posed by hurricanes can potentially lead to uncontrolled releases, but preventative action, including process shutdowns or operation under emergency procedures, may mitigate these risks.  Various laws, including the Clean Air Act and CERCLA, require owners and operators to minimize releases during shutdown procedures and to report releases that do occur “immediately upon constructive knowledge of an occurrence.”

Read EPA’s news release here.

Learn more about the relevant laws and regulations here.

Picture of Wade S. Kolb III

Wade S. Kolb III

Wade focuses his practice on litigation, appellate advocacy, education, internal investigations, and governmental representation. Since joining Wyche in the fall of 2011, Wade has had extensive experience in high-stakes commercial litigation, representing both plaintiffs and defendants in state and federal court.

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