Hurricane Florence Environmental Regulatory Resource Center

Our thoughts are with all those affected by Hurricane Florence. We will be making a financial contribution to relief efforts.

We also developed a Hurricane Florence Environmental Resource Center, tracking hurricane-related federal and state environmental regulatory relief, and including resources such as a checklist of steps to take to maximize insurance recovery following a disaster.

For more information, or if we can help in your recovery efforts, please contact your usual Beveridge & Diamond contact or any member of our Hurricane Florence response “core team”: David Friedland, John Kazanjian, Ben Apple, Jessalee Landfried, or Nicole Weinstein.

Federal Resources

US Environmental Protection Agency

• EPA Homepage
• Multi-State Fuel Waivers: Access fuel waivers issued in North Carolina, South Carolina, Georgia, and Virginia in response to Hurricane Florence in order to ensure an adequate supply of fuel is available

US Department of Transportation

• Florence Site: Access the DOT's resources regarding the impact of and responses to Hurricane Florence
• FMCSA Regulatory Relief: The FMCSA issued an emergency regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts

US OSHA

• OSHA Homepage
• Hurricane Site: OSHA resources regarding general hurricane preparedness and response as it pertains to Occupational Safety & Health
• Flood Site: OSHA resources regarding general flood preparedness and response as it pertains to Occupational Safety & Health

US Chemical Safety Board

• CSB Homepage

US PHMSA

• PHMSA Homepage
• Florence Site: Access PHMSA's statement and resources regarding the impact of and responses to Hurricane Florence

State Resources/Regulatory Relief

Federal Disaster Declarations have been issued for Virginia, North Carolina, and South Carolina. These states have each provided hurricane response guidance and have developed regulatory relief that includes suspended applicability of select rules to address emergency response, but these measures are limited and temporary in nature. U.S. EPA has not issued similar regulatory relief at this time.

North Carolina

North Carolina Office of the Governor

• Governor Roy Cooper issued an executive order declaring a state of emergency
• Executive orders have been issued suspending certain motor vehicle regulations and waiving fuel vapor regulations

North Carolina Department of Public Safety

• NCDPS Emergency Management Homepage
• Florence Site: NCDPS hurricane response resources

North Carolina Department of Environmental Quality

• NC Department of Environmental Quality maintains hotlines for requesting environmental assistance (1.877.623.6748) and for reporting environmental emergencies (1.800.858.0368)

South Carolina

South Carolina Office of the Governor

• Governor Henry McMaster issued an executive order declaring a state of emergency
• An executive order has been issued suspending certain motor vehicle regulations

South Carolina Emergency Management Division

• SCEMD Homepage has up-to-date information on evacuations, emergency shelters, closures, and more
• 2018 Hurricane Guide

South Carolina Department of Health and Environmental Control

• Florence Site: SCDHEC hurricane response resources
• Chemical Spill Hotline: 1.888.481.0125

Virginia

Virginia Office of the Governor

• Governor Ralph Northam issued an executive order declaring a state of emergency
• An executive order has been issued extending the validity period of expiring license plates

Virginia Department of Emergency Management

• VDEM Homepage
• Hurricane Response Page: General information for hurricane preparedness

Georgia

Georgia Office of the Governor

• Governor Nathan Deal issued an executive order declaring a state of emergency

Maryland

Maryland Office of the Governor

• Governor Larry Hogan issued an executive order declaring a state of emergency

B&D Tips and Considerations for Disaster Recovery

Checklist for Maximizing Insurance Coverage After a Disaster

Force Majeure Claims

To maximize your ability to claim force majeure successfully for regulatory, insurance, contractual, and litigation purposes, companies should:

1. Comply as fully as possible with all regulations, permits, and agency emergency guidance, including spill and release reporting.
2. Communicate openly and regularly with agency officials.
3. When possible, seek explicit waivers in advance from regulators.
4. Adhere to company emergency, disaster, and risk management protocols.
5. Adhere to startup and shutdown plans.
6. Document and maintain records of actions taken in response to the hurricane and flooding, including documentation when action is infeasible or dangerous.
7. Document and maintain records of damage sustained.