SOUTH DAKOTA Department of
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Ground Water Quality Program

Continuous Release Reports for Emissions from Animal Waste


 

Background

On December 18, 2008, the U.S. Environmental Protection Agency (EPA) issued 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 Comprehensive Environmental Response Compensation and Liability Act (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.

A number of citizen groups challenged the validity of the final rule in the U.S. Court of Appeals for the District of Columbia Circuit. On April 11, 2017, the Court struck down the final rule, eliminating the reporting exemptions for farms. In response, the federal EPA sought additional time from the Court, to delay the effective date so guidance materials could be developed to help farmers understand the new reporting obligations.  The DC Circuit Court extended the date by which farms must begin reporting these releases to November 15, 2017.

On October 25, 2017, the federal EPA released new guidance information, intended to assist farmers in reporting air releases of hazardous substances from animal waste at farms. 

On November 22, 2017, the DC Circuit Court of Appeals granted EPA's motion to further stay the mandate until January 22, 2018. 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.

In the meantime, livestock producers are encouraged to carefully review the Continuous Release Reporting guidance and requirements available on the federal EPA webpage:  https://www.epa.gov/epcra/cercla-and-epcra-reporting-requirements-air-releases-hazardous-substances-animal-waste-farms


Reporting Process for submitting reports to the state and LEPC

On November 22, 2017, the DC Circuit Court of Appeals granted EPA's motion to further stay the mandate until January 22, 2018. 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. To expedite your initial continuous release notification to the National Response Center, you may use the temporary email option. This option avoids potential large call volumes and delays. It allows one email notification for owners/operators with multiple farms. 

For more information, please review Continuous Release Reporting guidance and requirements on the federal EPA website:  https://www.epa.gov/epcra/cercla-and-epcra-reporting-requirements-air-releases-hazardous-substances-animal-waste-farms


If you have questions, contact Trish Kindt at (800) 433-2288 or E-mail

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