EPA Moves Forward on Official Guidance for "Federally Permitted Release".

EPA has issued an interim guidance on the definition of "federally permitted release" for purposes of the related exemption under Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act and Section 304 of the Community Right-to-Know law. Under these two laws, a facility must notify federal, state and local authorities whenever it exceeds the 24-hr reportable quantity limitation assigned to any of 189 hazardous substances. A facility does not have to make these reports if it has a continuous release permit and/or the emission is a "federally permitted release." In 1998, however, EPA's Region VII launched an enforcement initiative against 163 companies (including at least three foundries) applying a questionable interpretation of this exemption. AFS joined with 10 other organizations (including U.S. Chamber of Commerce, National Assn. of Manufacturers and several state business groups) in challenging Region VII's action. In response, EPA agreed to review and potentially clarify its interpretation of "federally permitted release." EPA held a public meeting on this issue on February 24 and accepted comments through March 10. The agency is reviewing the information it has collected and will issue a revised final guidance if the interim guidance warrants modification. A copy of the interim guidance is available on EPA's website via the link from Washington Alert at www.moderncasting.com.