2050-AH28 202210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2050 Office of Land and Emergency Management OLEM 2000 Environmental Protection Agency EPA Reporting Requirements for Emissions From Animal Waste Under the Emergency Planning and Community Right-to-Know Act

The Environmental Protection Agency (EPA) is considering rescinding the June 13, 2019 final rule, which exempted reporting of air emissions from animal waste under the Emergency Planning and Community Right-to-Know Act (EPCRA). On March 23, 2018, the President signed into law the “Fair Agricultural Reporting Method Act” or the “FARM Act.” The FARM Act expressly exempts reporting of air emissions from animal waste (including decomposing animal waste) at a farm from CERCLA section 103. In the June 13, 2019 final rule, the Agency applied the CERCLA exemption to reporting under EPCRA. The Agency is now reconsidering that action.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage Undetermined Undetermined 40 CFR 355.31 42 U.S.C. 11048 42 U.S.C. 11002 42 U.S.C. 11004 42 U.S.C. 11003 42 U.S.C. 11049 42 U.S.C. 11045 42 U.S.C. 11047 Yes

EPA is considering reinstating the reporting requirements for animal waste air emissions at farms under the Emergency Planning and Community Right-to-Know Act (EPCRA). This action would propose to rescind the June 13, 2019 final rule exempting EPCRA reporting of animal waste air emissions at farms. Farms with air emissions from animal waste exceeding the reportable quantity of certain extremely hazardous substances defined under EPCRA, would be required to report to state, tribal and local emergency planning and response agencies. Any proposed rule would not impact the current Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) reporting exemption for animal waste air emissions at farms.

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No statutory or judicial deadlines apply to this rule. The agency is taking this action in response to the U.S. District Court for D.C. granting EPA a voluntary remand on February 14, 2022, to reconsider the June 2019 rule.

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The Agency has not identified at this time any significant alternatives for analysis.

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The EPA is analyzing the potential costs and benefits associated with this action with respect to the reporting of animal waste air emissions at farms that exceed the reportable quantity to the State, Tribal, and local authorities.

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This is a reporting rule and would enable State, Tribal and local authorities to collect information regarding the location and extent of releases of animal waste air emissions at farms that exceed the reportable quantity.

]]> NPRM 04/00/2023 Final Rule 01/00/2024 No Local State Tribal Undetermined Undetermined No No Mark Douglas 2050 Office of Land and Emergency Management OLEM 202 564-5572 douglas.mark@epa.gov 1200 Pennsylvania Avenue NW, Washington DC 20460