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Event

November 13, 2017Webinar

Attention All Livestock Operations: New EPA Guidance May Require Reporting of Air Emissions

Last week, EPA released guidance in response to a court decision that struck down EPA’s rule exempting livestock farms from emissions reporting requirements for certain hazardous substances regulated under federal law, such as ammonia and hydrogen sulfide. Now that there is no regulatory exemption, the deadline for farms that surpass EPA’s emissions threshold to notify federal officials of emissions is November 15,
2017.

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was enacted to clean up industrial chemical toxic waste dumps, spills,etc. The Emergency Planning and Community Right- to-Know Act (EPCRA) requires parties who store, use, or release hazardous chemicals to submit reports to federal, state, and local government offices. Under these two federal laws, producers may be required to report air emissions related to ammonia and hydrogen sulfide released from manure storage structures, for example. Congress likely never intended this result. In 2008, EPA exempted all livestock operations from CERCLA reporting and exempted non-CAFO livestock operations from EPCRA reporting. However, in April, a federal appeals court issued a decision vacating EPA’s exemption for reporting of air emissions from livestock operations under CERCLA/EPCRA. Now, hundreds of thousands of farms will have to evaluate whether they have a reporting obligation under federal law. Michael Best attorneys will address what livestock farmers from across the U.S. must to do to comply with EPA’s Air Emission Reports. Their discussion will
include general information on:

  • Explanation of the requirements to report air releases from animal waste
  • What substances need to be reported
  • How to estimate the releases for reporting
  • What to do if you have previously signed the compliance agreement with EPA
  • How to report, if required

Click here to view a recording of the presentation.

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