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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.

Statement of Need:

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.

Summary of the Legal Basis:

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.

Alternatives:

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

Anticipated Costs and Benefits:

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.

Risks:

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.