Editor’s Note: This blog post was originally posted on November 28, 2017 at 10:28 am. This blog post has since been updated on February 7, 2018 at 10:50 pm.
As a result of a recent court ruling, agricultural operations could soon be required to report certain air emissions to Environmental Protection Agency (EPA). Although never intended to cover agricultural operations, two federal acts related to industrial waste could apply to animal agriculture in the future.
Like many new reporting requirements, the EPA reporting requirements will continue to evolve as they are challenged in court and as they are further refined by the agency.
Here is what we know now:
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) are laws that were created as mechanisms to regulate and report industrial waste. At this time, EPA has posted on their website that “Farms with continuous releases do not have to submit their initial continuous release notification until the DC Circuit Court of Appeals issues its order, or mandate, enforcing the Court’s opinion of April 11, 2017. No reporting is necessary until the mandate is issued.”
EPA’s request for delay (on January 18, 2018) has been granted by the Court until May 1. At this time there continues to be no reporting requirement. We will continue to update this blog post as resources and more information becomes available. In the meantime, make sure to follow up with your respective commodity organizations and follow up as needed for additional sector-specific updates.