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EPA/SWER

RIN: 2050-AG37

Publication ID: Spring 2009

Title: CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal Waste at Farms
Abstract: The final rule provides an administrative reporting exemption from particular notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. In addition, the final rule provides a limited administrative reporting exemption in certain cases from requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act. Specifically, the administrative reporting exemption applies 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. Nothing in the final rule changes the notification requirements if hazardous substances are released to the air from any source other than animal waste at farms (e.g., ammonia tanks), or if any hazardous substances from animal waste are released to any other environmental media, (e.g., soil, ground water, or surface water) when the release of those hazardous substances is at or above its reportable quantity. Also, the administrative reporting exemption under CERCLA section 103, does not limit any of the Agency's other authorities under CERCLA sections 104 (response authorities), 106 (abatement actions), 107 (liability), or any other provisions of CERCLA or EPCRA. Accordingly, EPA believes this administrative reporting exemption not only leaves in place important Agency response authorities that can be used to protect human health and the environment if needed, but also is consistent with the Agency's goal to reduce reporting burden.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 302 40 CFR 355
Legal Authority: 42 USC 9603 42 USC 11004

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/28/2007	72 FR 73700
Final Action	12/18/2008	73 FR 76948

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