Yesterday (November 15, 2017), the EPA announced that farms with continuous hazardous substance releases as defined by CERCLA 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. While it appears the reports will be required sometime, producers may wait to file after the Court has entered its order, at which time we can expect EPA to provide a filing “deadline.” We also expect that the EPA will utilize this additional time to bring more clarity to the emissions data and calculations producers should rely upon for determining whether they are subject to CERCLA air emissions reporting.
For more information regarding the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103, visit:
OSU Beef Team post: Requirements of Hazardous Substance Reporting by Livestock Farms are Further Clarified
EPA release: CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms