SOUTH DAKOTA Department of
Environment & Natural Resources

Protecting South Dakota's Tomorrow...Today!
Joe Foss Building
523 E Capitol
Pierre, SD 57501
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Ground Water Quality Program

Continuous Release Reports for Emissions from Animal Waste

Picture of a Farm

(Clip Art)


Draft Documents Related to the Development of Emissions Estimating Methodologies for Broiler Animal Feeding Operations and Lagoons and Basins for Swine and Dairy Animal Feeding Operations (



On December 18, 2008, the U.S. Environmental Protection Agency (EPA) issued a new rule CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms, That rule exempted all farms from reporting emissions from animal waste to the air under CERCLA section 103. The rule also exempted certain small farms from reporting emissions from animal waste to the air under the Emergency Planning and Community Right to Know Act (EPCRA) section 304.

On April 11, 2017, the DC Circuit Court vacated this final rule. In response to a request from EPA, the DC Circuit Court extended the date by which farms must begin reporting these releases to November 15, 2017.

To assist farmers in meeting CERCLA and EPCRA reporting requirements, EPA is currently developing guidance. EPA is working to have this guidance available to farmers by October 16, 2017, to give them time to review the guidance and comply with the reporting requirements. Contact the US EPA to ask a question or provide feedback.

The South Dakota Department of Environment and Natural Resources (DENR) will update this webpage and will provide additional information as soon as it becomes available.

Reporting Process for submitting reports to the state and LEPC

(Note: this webpage will be updated to better reflect federal reporting requirements after the US EPA releases it's reporting guidance)

Step 1: Verbally notify the State Emergency Response Commission (SERC) at 800-433-2288 and the Local Emergency Planning Committee (LEPC). The telephone number for your LEPC can be provided upon request when you call the SERC.

Step 2: Within 30 days of the call that you made in Step 1, submit a continuous release form to both the SERC and LEPC. Use either the:

  • South Dakota continuous release report form;
  • a continuous release report form provided by your producer group;
  • the Federal EPA continuous release report form; or
  • any other continuous release report form that provides the federally required information.

If the rate or quantity of the release changes, or if ownership of the facility changes, an updated report must be submitted

Federal Continuous Release Reporting:

Methods for Estimating your Emissions

The following links are provided as a service to you. The state of South Dakota does not endorse or recommend any particular method).

National Air Quality Site Assessment Tool (NAQSAT)

This tool has been developed to provide producers with assistance in evaluating where changes can be made, for the purpose of reducing air emissions. This tool was designed to provide information and education, only. It is not intended to provide exact emissions numbers for reporting nor does it provide any regulatory guidance (Click Here)

The department has a toll-free number to help farmers get the information they need to comply with SARA Title III. If you have questions, contact Trish Kindt at (800) 433-2288 or E-mail