SOUTH DAKOTA Department of
Environment & Natural Resources

Protecting South Dakota's Tomorrow...Today!
Joe Foss Building
523 E Capitol Ave
Pierre, SD 57501-3182
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Ground Water Quality Program

Continuous Release Reports for Emissions from Animal Waste



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.

On March 23, 2018, the US Congress signed the Consolidated Appropriations Act, 2018 (Omnibus Bill) Title XI of Division S of the Omnibus Bill, is called the "FARM Act." The act exempts "air emissions from animal waste at a farm" from reporting under CERCLA. When the D.C. Circuit Court of Appeals issues its mandate vacating the 2008 final rule (expected as soon as May 1, 2018), farms will remain exempt from the CERCLA reporting requirements as a result of the FARM Act.

Do I need to Report Emissions from Livestock Manure?

No. The FARM Act amended CERCLA section 103(e) to exempt reporting of air emissions from animal waste (including manure/decomposing animal waste) at a farm. Further, in light of the FARM Act's exemption of air emissions from animal waste at a farm, from reporting under CERCLA, these types of releases do not need to be reported under EPCRA.

Helpful Links

Exemption Under EPCRA for Air Emissions from Animal Waste
EPCRA Section 304 release reporting requirements

FARM Act Q & A
US EPA Webpage Manure Emissions Information

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