THE CONTINUOUS RELEASE RULE: CURRENT EPA ENFORCEMENT INITIATIVE AND CONTROVERSY OVER THE FEDERALLY-PERMITTED RELEASE EXEMPTION

摘要

Only July 15, 1998, EPA Region Ⅶ launched a regionwide enforcement initiative against owners and operators of facilities suspected of violating EPA's "Continuous Release Reporting Rule." This rule requires notification and reporting of releases exceeding reportable quantities (RQ's) of hazardous substances under EPA's implementing Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Emergency Planning and Community Right-to-Know Act (EPCRA) regulations. The initiative primarily targeted air releases and hinged on EPA's interpretation of whether or not the releases were exempt by virtue of being "federally permitted releases." Although EPA has issued two proposed rules to clarify the scope of the federally permitted release, a final rule has never been published. Consequently, industry trade associations have sharply criticized the initiative and, in response. Region Ⅶ has temporarily suspended the enforcement initiative for specific types of permitted releases, pending final interpretive guidance from EPA headquarters. Although other EPA Regions have not initiated similar enforcement efforts, it is likely that EPA's final guidance will affect thousands of facilities across the country and may result in similar nationwide EPA enforcement efforts. The following article provides an overview of the Continuous Release Rule, additional details regarding the enforcement initiative, a discussion of EPA's previous attempts to define the federally permitted release, examples of releases with a high probability of not being considered federally enforceable in EPA's final guidance and closing comments regarding resolution of this issue.