Proposed Reporting Exemption for Air Emissions from Animal Waste at Farms under the Emergency Planning and Community Right-to-Know Act
On November 14, 2018, the Environmental Protection Agency (EPA) published a proposal to amend its release notification regulations under the Emergency Planning and Community Right-to-Know Act (EPCRA) to be consistent with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). To an extent, reporting releases under EPCRA depends on whether reporting is required under CERCLA. The proposed rule provides a reporting exemption for air emissions from farm animal waste. This exemption is the same as the reporting exemption for air emissions from animal waste that is available for farms under CERCLA. Earlier this year, EPA finalized the CERCLA reporting exemption pursuant to the to the Fair Agricultural Reporting Method Act (FARM Act) of 2018.
The agency is also proposing to add definitions of “animal waste” and “farm” to the EPCRA regulations to outline the scope of the reporting exemption. The CERCLA exemption also included a definition of “animal waste” and “farm” from the FARM Act.