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EPA/SWER RIN: 2050-AG37 Publication ID: Spring 2008 
Title: CERCLA/EPCRA Notification Requirements and the Agricultural Sector 
Abstract: The notice of proposed rulemaking provides notice of, and requests comments, including any relevant data, on a proposed administrative reporting exemption from particular notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Response Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act. Specifically, the proposed administrative reporting exemption applies to releases of hazardous substances to the air where the source of those hazardous substances is animal waste at farms. Nothing in the proposed rule, however, changes the notification requirements if hazardous substances are released to the air from any other source other than animal waste at farms (i.e., ammonia tanks), as well as releases of any hazardous substances from animal waste to any other environmental media (i.e., soil, ground water, surface water) when the release of those hazardous substances is at or above its reportable quantity per 24 hours. This administrative reporting exemption is protective of human health and the environment and consistent with the Agency's goal to reduce reporting burden where there would likely be no Federal, state or local emergency response to such release reports. Eliminating such reporting will allow emergency response officials to better focus on releases where the Agency is more likely to take a response action. Finally, the proposed administrative reporting exemption from the notification requirements under CERCLA section 103(a) and EPCRA section 304, does not propose to limit any of its authorities under CERCLA sections 104 (response authorities), 106 (abatement actions), 107 (liability), or any other provisions of CERCLA or EPCRA. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 302    40 CFR 355   
Legal Authority: 42 USC 9603    42 USC 11004   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/28/2007  72 FR 73700   
Final Action  11/00/2008    
Additional Information: SAN No. 5117; EPA publication information: NPRM -; ; EPA Docket information: 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 Data Printed in the FR: No 
Agency Contact:
Lynn Beasley
Environmental Protection Agency
Solid Waste and Emergency Response
Washington, DC 20460
Phone:202 564-1965
Fax:202 564-2625