Publications

Emergency Release Notification Requirements: How Soon is Soon Enough?
02/22/2007

Companies that use federally regulated substances in their day-to-day operations are obligated to notify various agencies following a significant release. The specific amount of any given substance that triggers the reporting requirements varies as set forth in applicable regulations. Many companies are surprised to learn that seemingly common chemicals (like ammonia) require notification when released in sufficient quantities. Their surprise turns to shock when slapped by the United States Environmental Protection Agency (“U.S. EPA”) with civil – and potentially, criminal – penalties for violating the release reporting requirements. It is not uncommon for U.S. EPA to seek the maximum penalty of $32,500 per reporting violation. Alleged reporting errors frequently relate to a company’s failure to notify “immediately” at least three separate governmental agencies, and to make the required follow up report to state and local agencies, for a total of (at least) five violations. These five violations can add up to a penalty in excess of $162,500.

 Download “Emergency Release Notification Requirements: How Soon is Soon Enough?” American Bar Association, Environmental Enforcement and Crimes Committee Newsletter, Vol. 8, No. 2 (Feb. 2007).