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EPA/SWER

RIN: 2050-AG37

Publication ID: Fall 2008

Title: CERCLA--Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal Waste at Farms
Abstract: EPA is considering finalizing an administrative reporting exemption from particular notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended. This exemption would apply to releases of hazardous substances to the air that meet or exceed their reportable quantity where the source of those hazardous substances is animal waste at farms. The proposed rule also included a parallel administrative reporting exemption (also for the release of hazardous substances to the air that meet or exceed their reportable quantity from animal waste at farms) from the Emergency Planning and Community Right-to-Know Act (EPCRA). EPA is not making a final decision on this part of the proposed rule at this time. Persons still have an obligation to file reports under EPCRA, as appropriate, until EPA makes a final decision and amends the section 304 requirements. Nothing in the rule will change the notification requirements if hazardous substances are released to the air from any other source other than animal waste at farms (i.e., ammonia tanks), as well as releases of any hazardous substances from animal waste to any other environmental media, (i.e., soil, ground water, surface water) when the release of those hazardous substances is at or above its reportable quantity. This administrative reporting exemption is protective of human health and the environment and consistent with the Agency's goal to reduce reporting burden where there would likely be no Federal response to such release reports. Eliminating such reporting will allow response officials to better focus on releases where EPA is more likely to take a response action. The administrative reporting exemption from the notification requirements under CERCLA section 103(a) will not limit any of its authorities under CERCLA sections 104 (response authorities), 106 (abatement actions), 107 (liability), or any other provisions of CERCLA.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 302 40 CFR 355
Legal Authority: 42 USC 9603 42 USC 11004

Legal Deadline: None

Statement of Need: Under this action, the Agency is considering the primary purpose of CERCLA and EPCRA notification requirements and is considering an exemption based on the likelihood of whether there would or would not be a governmental response to those notifications.

Summary of the Legal Basis: This action is not required by statute or court order. This action is being done at the discretion of the Agency.

Alternatives: Not applicable.

Anticipated Costs and Benefits: If finalized, it is estimated that the rule will reduce burden on farms associated with making modifications under CERCLA section 103 by approximately 3,408,000 hours over the ten-year period beginning in 2009 and associated costs by approximately $155,313,000 over the same period.

Risks: Not estimated.

Timetable:

Action	Date	FR Cite
NPRM	12/28/2007	72 FR 73700
Final Action	11/00/2008

Additional Information: SAN No. 5117; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/December/Day-28/a25231.pdf; EPA Docket information: EPA-HQ-SFUND-2007-0469
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Lynn Beasley Environmental Protection Agency Solid Waste and Emergency Response 5104A, Washington, DC 20460 Phone:202 564-1965 Fax:202 564-2625 Email: beasley.lynn@epa.gov