The December 21, 1999 guidance discusses the federally permitted release exemption and how companies would apply that exemption. As always, each facility must determine whether its hazardous substance and EHS releases qualify for the notification exemption. When a facility has a release that is not in compliance with its permit or control, the facility must comply with CERCLA section and EPCRA 304 notification requirements.

Text of the notice is available at AcuSafe. 

This guidance document also explains why, in the situations discussed herein, a release is generally not subject to a permit or control regulation, as defined in CERCLA, and therefore does not qualify for the CERCLA federally permitted release exemption when the release is:

1. An unpermitted or unregulated release, including releases from facilities that are exempt from CAA permits or control regulations, such as grandfathered or some minor sources;
2. Caused by an accident or malfunction;
3. Released during start-up or shut-down of a facility and there is no limit or other control on the release of the hazardous substance or EHS during the start up or shut down period;
4. Regulated solely to address volatile organic compound contributions to ozone ambient air quality problems; or
5. Regulated solely to address particulate matter ambient air quality concerns.

According to the EPA, in all of these cases, hazardous substances and EHSs are not controlled and may be released directly to the environment without any limits or other control requirements. These uncontrolled releases can involve, for example, highly toxic materials like chromic acid, mercury, methyl isocyanate, or 1,3 butadiene, and may occur near sensitive populations, such as elementary schools or senior citizen homes. The law gives emergency response authorities and the public the right to receive information about these hazardous releases so that they can take steps to avoid or minimize exposure, develop responsible emergency response planning, and respond to emergencies.