Back in 2008, the Environmental Protection Agency published a final rule that exempted most farms from certain release reporting requirements in The Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA. Specifically, the rule exempted farms releasing hazardous substances from animal waste to the air above threshold levels from reporting under the Act.
In short, all farms were relieved from reporting hazardous substance air releases from animal waste under the legislation.
A number of citizen groups challenged the validity of the final rule in the U.S. Court of Appeals for the District of Columbia Circuit. On April 11th this year, the Court struck down the final rule, eliminating the reporting exemptions for farms. The court’s ruling has now taken effect.
Bryan Humphries, Executive Vice President of the Ohio Pork Council, gives the parameters for farms that need to report to the EPA.
If you estimate your operation has greater than or equal to 100 pounds of ammonia emitted per day, Humphries says you must then notify the National Response Center by email.
Farms that signed up and participated in EPA’s Air Consent Agreements, which remain in compliance with those agreements and have not been expanded, are not expected to report their emissions now.
From the National Association of Farm Broadcasting News Service.