On June 22nd, the 11th Circuit Court of Appeals rejected an OSHA appeal regarding the classification of an ammonia release as “uncontrolled”. The court found that Tampa Electric designed a response system to manage when, how, and to what extent ammonia would be emitted in the event of a pipe over pressurization and thereby adequately controlled the release. Because the release wasn’t uncontrolled, the response to it wasn’t an “emergency response,” and the HAZWOPER standard didn’t apply.
The ruling is significant as it reaffirms that the occurrence of a release does not automatically make it “uncontrolled”, which triggers the HAZWOPER standard. GCCA joined with partners in submitting an amicus brief to argue for the industry’s position. GCCA’s participation in the case was made possible by GCCA’s Advocacy Fund Contributors.
