Follow-up emergency notice requirements in EPCRA 304 for CERCLA hazardous substances

Must a follow-up emergency notice be given for a release of a CERCLA hazardous substance which is not an extremely hazardous substance and for which a reportable quantity has not been established under Section 102(a) of CERCLA?

In lieu of the emergency release notification required under Section 304(b), Section 304(a)(3)(B) provides that owners and operators of facilities that produce, use or store a hazardous chemical and from which is released a CERCLA hazardous substance that is not an extremely hazardous substance and for which a reportable quantity has not been established under Section 102(a) of CERCLA, shall provide the same notice to the local emergency planning committee as is provided to the National Response Center under Section 103(a) of CERCLA.  Although Section 304(b) notice is not required, the facility owner or operator must still provide follow-up emergency notification under Section 304(c).  Section 304(c) states that, "As soon as practicable after a release which requires notice under subsection (a), such owner or operator shall provide a written follow-up emergency notice... setting forth and updating the information required under subsection (b), and including additional information...".  Notification of the above describe release is required under subsection (a), thus written follow-up emergency notice is required.  Follow-up notification of these releases must be reported in the manner prescribed by Section 304(b).