The Environmental Protection Agency (EPA) issued a final rule on Aug. 1 that incorporates the Fair Agricultural Reporting Method (FARM) Act into its regulations, specifically related to the Clean Air Act.
In short, the FARM Act—signed into law by the president in March 2018—removed the requirement that crop-producing farms and facilities managing livestock must report air emissions from animal waste. Previously, a final rule issued by the EPA regarding the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) had required that farms and ranches report air emissions meeting a certain low level from animal waste.
Though this has been the law for several months, the EPA officially codified that exemption into its own regulations via the final rule. The final rule was published without prior notification or public comment period as is the norm. The reason for this was, according to the EPA, because the matter was managerial and not anything actually new.
“As a matter of law, the orders issued by the D.C. Circuit on April 11, 2017 and May 2, 2018 vacated [the recent final rule related to CERCLA]. It is, therefore, unnecessary to provide notice and an opportunity for comment on this action…”
