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EPA/SWER

RIN: 2050-AG37

Publication ID: Spring 2008

Title: CERCLA/EPCRA Notification Requirements and the Agricultural Sector
Abstract: The notice of proposed rulemaking provides notice of, and requests comments, including any relevant data, on a proposed administrative reporting exemption from particular notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Response Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act. Specifically, the proposed administrative reporting exemption applies to releases of hazardous substances to the air where the source of those hazardous substances is animal waste at farms. Nothing in the proposed rule, however, changes 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 per 24 hours. 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, state or local emergency response to such release reports. Eliminating such reporting will allow emergency response officials to better focus on releases where the Agency is more likely to take a response action. Finally, the proposed administrative reporting exemption from the notification requirements under CERCLA section 103(a) and EPCRA section 304, does not propose to limit any of its authorities under CERCLA sections 104 (response authorities), 106 (abatement actions), 107 (liability), or any other provisions of CERCLA or EPCRA.
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

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: No
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