The
Environmental Protection Agency released its long-awaited proposed rule
change to exempt air releases related to animal agriculture from
emergency release reporting requirements under CERCLA and EPCRA. The
proposal was published in the Dec. 28, 2007 Federal Register, and
comments are due by March 27, 2008.
Specifically,
EPA is proposing that reporting requirements under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) and the
Emergency Planning Community Right to Know Act (EPCRA) not be applied to
air releases of defined substances–primarily ammonia and hydrogen
sulfide–from animal waste at farms.
Ammonia and
hydrogen sulfide are both byproducts of the breakdowns of animal wastes.
"This is very good news for
cattle operations," says NCBA's Chief Environmental Counsel Tamara
Thies. "We have been working on this for a long time, and cattle
producers are very pleased EPA has agreed with our position on this
rule. Without this rulemaking, cattle operations would be required to
regularly monitor and report air emissions of ammonia and hydrogen
sulfide to the EPA."
The
EPA recognizes the fact that there will never be a situation that
requires emergency response as a result of these emissions from manure
and has, therefore, determined that monitoring and reporting are not
necessary. This is a correct and welcomed decision by the EPA," Thies
says.
The EPA says
the proposed change would enable response authorities "to better focus
their attention on hazardous substance releases that require emergency
response while reducing reporting burdens on America's farms."
Release notifications must
still be made to emergency response authorities when hazardous
substances are released to the air from sources other than animal waste
(e.g., ammonia tanks), as well as releases of hazardous substances to
soil and water.
More information on the
proposed rule is posted at:
http://www.epa.gov/emergencies/content/epcra/cercla_dec07.htm
