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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.
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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 13771 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 |
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Timetable:
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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 |