On December 18, 2008, EPA published a final rule that exempted farms from reporting air releases of hazardous substances from animal waste. This final rule applied to:
Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); and
Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA), if the farms stable or confine fewer than a certain numbers of animals.
On April 11, 2017, the DC Circuit Court vacated this final rule. The DC Circuit Court ordered that farms must begin reporting these releases to the EPA, on November 15, 2017. The court granted the EPA's request for a delay in the reporting requirements, with reporting to now begin on January 22, 2018.
For additional updates and answers to FAQs from the EPA on the CERCLA and EPCRA Reporting Requirements, you can go to the EPA's website.
You may also view our legal resources on this issue under the subheading "Air Quality" by clicking here.