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EPA/OLEM RIN: 2050-AH31 Publication ID: Spring 2024 
Title: Potential Future Regulation for Addressing Small Farms Reporting of Animal Waste Under the Emergency Planning and Community Right-to-Know Act (EPCRA) 
Abstract:

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. On February 14, 2022, the U.S. District Court of D.C. granted EPA’s motion for remand of 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 November 17, 2023, EPA issued an Advance Notice of Proposed Rulemaking (ANPRM) (88 FR 80222) to solicit information to assist in a potential future rulemaking to reinstate reporting requirements for animal waste air emissions at farms under the emergency release notification requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA). The comment period closed on February 15, 2024.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 40 CFR 355.31   
Legal Authority: 42 U.S.C. 11004    42 U.S.C. 11048   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  11/17/2023  88 FR 80222   
NPRM  04/00/2025 
Final Action  07/00/2026 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 2050-AH28 
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

William Noggle
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1306
Email: noggle.william@epa.gov