Arkansas Air Quality
CERCLA/EPCRA Reporting
EPA rule making: EPA has finalized a rule (December 18, 2008) providing a
full exemption for reporting air releases of hazardous substances from animal
waste at farms to the federal government and a partial exemption of reporting
the releases to state and local governments. This new rule exempts all farms
from reporting air releases to any federal governments under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). The
requirements for large animal feeding operations (AFOs) to report certain types
of releases to local and state agencies, as directed by the Emergency Planning
and Community Right-to-Know Act (EPCRA) remain unchanged.
Time to meet for reporting? It should be noted that January 20, 2009 was not
a deadline to meet reporting requirements. It was the date by which the above
mentioned exemptions became effective. Prior to January 20, 2009, all operations
were required to report to both EPCRA and CERCLA. The change in the new
regulation is that as of January 20 no animal feeding operations are required to
report to CERCLA and only large AFOs are required to report to EPCRA. The large
AFOs have always been required to report to EPCRA and most have not done so.
Therefore, there is no change in this requirement. It should be noted that if
large AFOs are concerned about their liability to report to EPCRA they can begin
reporting at any time.
How to report? The decision to report under EPCRA regulations is at the
discretion of the producer and the producer should approach the decision
thoughtfully and by using the best possible tools available to determine if
their operation meets the reporting requirements. Resources linked below are
posted as possible tools for producers to use in calculating emissions.
It should be noted that after you have contacted your State Emergency
Response Commission (SERC), and your local emergency planning commission (LEPC),
you still need to file your written report within 30 day of your original call
to SERC and LEPC (please see fact sheet below for more details).
If you are not sure if you chose to participate in the CAFO air quality
consent agreement several years ago, you may contact Tim Sullivan at EPA
Headquarters at 202.564.2723 or by e-mail at
sullivan.tim@epa.gov to determine if
you are involved in that agreement.
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