CERCLA/EPCRA Reporting
EPA has finalized a rule providing a full exemption for reporting air releases of hazardous substances from animal waste at farms to the federal government and a partial exemption of reporting the releases to state and local governments. This new rule exempts all farms from reporting air releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The requirements for large animal feeding operations (AFOs) to report certain types of releases to local and state agencies, as directed by the Emergency Planning and Community Right-to-Know Act (EPCRA) remain unchanged.
It should be noted that January 20, 2009 was not a deadline to meet reporting requirements. It was the date by which the above mentioned exemptions became effective. Prior to January 20, 2009, all operations were required to report to both EPCRA and CERCLA. The change in the new regulation is that as of January 20 no animal feeding operations are required to report to CERCLA and only large AFOs are required to report to EPCRA. The large AFOs have always been required to report to EPCRA and most have not done so. So, there is no change in this requirement. It should be noted that if large AFOs are concerned about their liability to report to EPCRA they can begin reporting at any time.
The decision to report under EPCRA regulations is at the discretion of the producer and the producer should approach the decision thoughtfully and by using the best possible tools available to determine if their operation meets the reporting requirements. Resources linked below are posted as possible tools for producers to use in calculating emissions.
It should be noted that if you have contacted your State Emergency Response Commission (SERC), the Iowa DNR and your local emergency planning commission (LEPC) in error, you must still file your written report within 30 day of your original call to SERC and LEPC (please see fact sheet below for more details) and report that you made these contacts in error and that you don’t meet the requirements for emissions reporting.
If you are not sure if you chose to participate in the CAFO air quality consent agreement several years ago, you may contact Tim Sullivan at EPA Headquarters at 202.564.2723 or by e-mail at sullivan.tim@epa.gov to determine if you are involved in that agreement.- EPA Fact Sheet January 2009
- State Emergency Response and Local Emergency Response Contact Information (including details on where to submit written reports)
Information for Cattlemen:
Information for Swine Producers:
Information for Poultry and Egg Producers:
- Ammonia (NH3) and Hydrogen Sulfide (H2S) Emission Rates for Poultry Operations
- Letter from U.S. Poultry and Egg Association
Information for Dairy Producers:
Information for Turkey Producers
- Turkey Continuous Release Report Form
- Ammonia and Hydrogen Sulfide Emissions Rates for Poultry Operations
Contacts:
- Robert Burns
Associate Professor, Department of Agricultural & Biosystems Engineering
(515) 294-8891 E-mail: rburns@iastate.edu - Steven Hoff
Professor, Department of Agricultural & Biosystems Engineering
(515) 294-6180 E-mail: hoffer@iastate.edu - Hongwei Xin
Professor, Department of Agricultural & Biosystems Engineering
(515) 294-4240 E-mail: hxin@iastate.edu - Patricia Reitz
Environmental Engineer, US EPA Region 7
(913) 551-7674; (800) 223-0425; E-mail: reitz.patricia@epa.gov