A notice of proposed rulemaking from the Environmental Protection Agency (EPA) could require livestock producers to report their animal waste emissions under the Emergency Planning and Community Right to Know Act (EPCRA).
Signed into law in 1986, EPCRA was created to help communities plan for chemical emergencies. The act requires industry to report on the storage, use and release of certain chemicals.
EPCRA outlines proper procedures for emergency planning, emergency release notifications and hazardous chemical reporting. It also requires toxic release inventory reports and disclosure of trade secrets.
The proposed rule follows a 2019 ruling stating that all farms, regardless of size, were exempt from reporting animal waste air emissions.
EPA requested comments on this proposed rule under five general categories including health impacts, implementation challenges, costs and benefits, small farm exemptions, and a national report on animal waste air emissions. Comments on this proposed rule were to be made by Feb. 15.
Various trade and industry groups have joined the conversation, representing their interests and addressing the implications of the proposed reporting requirements.
References to the 2018 Fair Agricultural Reporting Method, or FARM Act, are a common thread among opponents of the proposed rule. The FARM Act excluded air emissions from animal manure from the reporting requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
The National Cattlemen’s Beef Association (NCBA) addressed similarities between CERCLA and EPCRA. “A release that triggers the CERCLA duty also automatically trips the EPCRA reporting requirements,” NCBA said.
NCBA also expressed that EPCRA requirements lack scientific basis and needlessly burden cattle producers.
“A cattle producer taking on the speculative exercise of estimating air emissions from cow manure does nothing more than play a guessing game,” NCBA stated.
The National Pork Producers Council (NPPC) also commented, raising concerns about the science behind the proposed reporting requirements.
“Despite nearly two decades of work, EPA has yet to finalize reliable, scientifically sound emissions estimating methodologies that accurately represent the air emissions from animal manure at modern livestock farms using best management practices,” NPPC said.
Meanwhile, environmental groups like Earthjustice have commented, urging EPA to rescind its “unlawful” exemption of reporting requirements for animal feeding operations (AFOs). Earthjustice insists that compliance with ERPCA will impose minimal burdens to livestock producers, and will “allow community members to educate themselves and others about the threats AFO emissions pose.”
The Allied Scholars for Animal Protection, a Texas-based nonprofit, encouraged EPA to implement “stringent reporting requirements for animal waste air emissions,” and called for a “reevaluation of animal agriculture practices,” according to their official statement.
After reviewing all comments received, EPA will determine whether or not to pursue reinstating air emission reporting from AFOs, or leave current exemptions in place. — Rebel Sjeklocha, WLJ correspondent
