The NAM and 12 other organizations sued the EPA on March 17, 2000. Its petition for review challenged the EPA's interim guidance on the definition of federally permitted releases for air emissions. As a result of the suit, the EPA suspended the Interim Guidance on 5/19/00 in a motion to the court.On 4/17/02 the Environmental Protection Agency (EPA) published its "Guidance on the CERCLA Section 101(10)(H) Federally Permitted Release Definition for Certain Air Emissions." This guidance supersedes the December 17, 1999 Interim Guidance, which is now deemed to be withdrawn. The NAM praised the new guidance in a press release.
The new guidance clarifies the discussion of volatile organic compounds (VOCs) and particulate matter (PM) limits and controls and when releases of hazardous substances which are constituents of these pollutants could qualify for the FPR exemption under CERCLA [Comprehensive Environmental Response, Compensation, and Liability Act] and EPCRA [Emergency Planning and Community Right-to-Know Act]. The Guidance also adds a section addressing nitrogen oxide (NO) and nitrogen dioxide (NO2). The guidance also discusses certain releases from minor sources and announces a forthcoming guidance document that addresses grandfathered sources.
The lawsuit was dismissed voluntarily.