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EPA/OLEM RIN: 2050-AG66 Publication ID: Spring 2018 
Title: CERCLA/EPCRA Reporting Requirements for Air Releases of Hazardous Substances From Animal Waste at Farms 
Abstract:

On December 18, 2008, the EPA published a Final Rule, "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms (73 FR 76948) ("the Final Rule"). The Final Rule established exemptions from certain reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right to Know Act (EPCRA). On January 15, 2009, Waterkeeper Alliance, Sierra Club, the Humane Society of the United States, Environmental Integrity Project, the Center for Food Safety, and Citizens for Pennsylvania's Future (collectively, "Waterkeeper") filed a Petition for Review of the Final Rule. The petition challenged the exemptions under both CERCLA and EPCRA. On March 17, 2009, the National Pork Producers Council filed its Petition for Review challenging a portion of the Final Rule that amended the EPCRA regulations. The two cases were consolidated. On February 11, 2009, the National Chicken Council, National Turkey Federation, and U.S. Poultry & Egg Association moved to intervene on behalf of the EPA to assert their interests in the Final Rule. The case was held in abeyance so that the Parties could participate in the D.C. Circuit Mediation Program. On April 11, 2017, the DC Circuit Court vacated the rule. The Court extended issuance of its mandate until  May 1, 2018 . On March 23, 2018, Congress signed into law the Consolidated Appropriations Act 2018 (Omnibus Bill”). Title XI of the Omnibus Bill, called the Fair Agricultural Reporting Method Act)” or FARM Act,” expressly exempts air emissions from animal waste (including decomposing animal waste) at a farm” from reporting under CERCLA section 103. The EPA plans to issue a rule in accordance with the Court's mandate and the FARM Act.

 

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Deregulatory 
CFR Citation: 40 CFR 302    40 CFR 355   
Legal Authority: 42 U.S.C. 9603    42 U.S.C. 11004   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/00/2018 
Additional Information: Docket #: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 Information URL: https://www.epa.gov/animalwaste  
Sectors Affected: 111 Crop Production; 112 Animal Production and Aquaculture 
RIN Data Printed in the FR: No 
Agency Contact:
Sicy Jacob
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5104A,
Washington, DC 20460
Phone:202 564-8019
Fax:202 564-2625
Email: jacob.sicy@epa.gov