Even though the Environmental Protection Agency’s (EPA’s) emissions reporting mandate is up in the air at the moment, it is important to know what might be required.
Some livestock farms across the United States may be required to report hazardous substance air emissions from manure (i.e., ammonia and hydrogen sulfide). The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) are two environmental laws that require the reporting of a hazardous substance that exceeds a reportable quantity within a 24-hour period. This allows for local, state, and federal officials to determine the need for an emergency response within the community in order to lessen or mitigate the effects of the release.
In the past, livestock farms were exempt from reporting air emissions from manure under CERCLA, and only large concentrated animal feeding operations (CAFOs) were subject to reporting through EPCRA. In April of 2017, EPA’s ruling was struck down by the U.S. Court of Appeals for the D.C. Circuit when citizen groups challenged the validity of the ruling. Consequently, farms are no longer exempt from the reporting requirements.
Ammonia and hydrogen sulfide are substances that are commonly released on livestock farms that require reporting under CERLCA if released in amounts greater than or equal to their reportable quantity of 100 pounds within a 24-hour period. To assist in determining if a livestock farm is required to report, EPA has resources available on its website (www.epa.gov/animalwaste) to estimate air emission.
There are also other models for estimating emissions. Farms may estimate emissions by relying on 1) past release data, 2) engineering estimates, 3) personal knowledge of the facility’s operations and release history, and 4) best professional judgement.
How to report for CERCLA
Below are the three main steps for the CERCLA Continuous Release Reporting Process:
Step 1—Provide the National Response Center (NRC) with an initial continuous release notification by email (farms@uscg.mil) or by phone (1-800-424-8802). An owner or operator can send one email notification for multiple farms. The email should identify that this is an initial continuous release notification and include:
- Name of the farm;
- Location of the farm (i.e., name of city/town and state (NRC does not require an address; a generic location may be sufficient); and
- Name of hazardous substance released.
Farms will receive an email from the NRC with a single ID number (CR-ERNS) for the farm. The CR-ERNS number is needed on the follow-up report in Step 2.
Step 2—Within 30 days of notifying the NRC, farms need to submit an initial written notification to the EPA Regional Office. Use the Continuous Release Reporting Form.
Step 3—Submit a one-time follow-up report to your EPA Region office after one year. If there are significant changes that results in a change in air emissions, additional reporting may be necessary. — Shelby Burlew and Erica Rogers, Michigan State University Extension
