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EPA proposes to exempt farms from reporting animal waste emissions

Agency says EPCRA reporting requirements apply only to hazardous chemicals

Posted November 19, 2018

On November 14, EPA published a proposed rule to amend the emergency release notification regulations under the Emergency Planning and Community Right-to-Know Act (EPCRA). The amendment proposes to add a reporting exemption for air emissions from animal waste at farms.

EPA says that, as written, the reporting requirements in EPCRA section 304 apply only to facilities “at which a hazardous chemical is produced, used or stored.” Although Congress created a reporting exception for farms that only use hazardous chemicals in “routine agricultural operations,” EPA says it does not believe Congress intended the generation, handling, or storage of animal waste to subject farms to reporting if they do not otherwise produce, use, or store hazardous chemicals.

In addition, EPA proposes adding definitions of ‘‘animal waste’’ and ‘‘farm’’ to the EPCRA regulations to delineate the scope of the reporting exemption.

EPA will accept comments on the proposed rule until December 14, 2018.

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