SOUTH DAKOTA Department of
Environment & Natural Resources

Protecting South Dakota's Tomorrow...Today!
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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, The rule exempts all farms from reporting emissions from animal waste to the air under CERCLA section 103.
The rule also exempts only small farms from reporting emissions from animal waste to the air under the Emergency Planning and Community Right to Know Act (EPCRA) section 304. An exempted small farm stables or confines fewer than the following numbers/species:

1. 700 mature dairy cows, whether milked or dry

2. 1,000 veal calves

3. 1,000 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs

4. 2,500 swine each weighing 55 pounds or more

5. 10,000 swine each weighing less than 55 pounds

6. 500 horses

7. 10,000 sheep or lambs

8. 55,000 turkeys

9. 30,000 laying hens or broilers, if the farm uses a liquid manure handling system

10. 125,000 chickens (other than laying hens), if the farm uses other than liquid manure handling system

11. 82,000 laying hens, if the farm uses other than a liquid manure handling system

12. 30,000 ducks (if the farm uses other than a liquid manure handling system)

13. 5,000 ducks (if the farm uses a liquid manure handling system)

(Animals that reside primarily outside of an enclosed structure (i.e., a barn or a feed lot) and graze on pastures are not stabled or confined.)
A livestock facility that is not exempted, may need to submit a continuous release report. The federal rule indicates that when ammonia or hydrogen sulfide emissions exceed 100 pounds in a 24-hour period, non-exempt facilities must submit continuous release reports

Reporting Process

Step 1: Verbally notify both 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.
Under the continuous release reporting regulation, no further reporting is required for the routine air releases covered under your specific report unless the rate, quantity, or ownership changes. If such a change occurs, you will need to repeat the reporting process outlined above.

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