EPA Releases Updated Guidance for CERCLA/EPCRA Reporting

05/02/2018

EPA has released new guidance relating to the air emissions reporting requirements for animal waste at livestock and poultry operations. In the EPA guidance, the Agency interprets the Fair Agricultural Reporting Methods (FARM) Act to also exempt livestock and poultry operations from reporting requirements under section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA).

ISSUE:

H.R. 1625, the fiscal year 2018 omnibus spending bill, included a permanent fix for the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) reporting requirements for farmers and ranchers.  H.R. 1625 included language from S. 2421, the FARM Act which amended Section 103 of CERCLA to clarify that air emissions from animal waste at a farm are not applicable under the Act and thus farmers do not need to report their emissions.

In the EPA guidance, the Agency interprets the FARM Act to also exempt livestock and poultry operations from reporting requirements under section 304 of EPCRA.

IMPACT:

EPA’s website has been updated and states the following:

“Due to legislative changes in the Consolidated Appropriations Act, 2018 (Omnibus Bill), “air emissions from animal waste at a farm” are exempt from reporting under CERCLA. When the D.C. Circuit Court of Appeals issues its mandate vacating the 2008 final rule (expected as soon as May 1, 2018), farms will remain exempt from the CERCLA reporting requirements as a result of the FARM Act. Additionally, these types of releases do not need to be reported under EPCRA.”

For general information from the EPA website, click here.

To review the guidance, click here.

 

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