Recently the Environmental Protection Agency issued a final rule to codify its earlier interpretation that air emissions from manure are not reportable under the Emergency Planning and Community Right-To-Know Act.
Last fall, the EPA’s sought to modify its regulations to eliminate the reporting of ammonia or hydrogen sulfide air emissions from manure. EPA concluded in October2017 that air emissions from manure did not need to be reported under EPCRA while signaling it would explain its thinking on the issue through rulemaking. EPA’s assessment largely was based on the conclusion that the air emissions were a result of “routine agricultural operations” exempt from EPCRA reporting.EPA’s final actions with EPCRA is consistent with Congress’ recent action to exempt manure emissions reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
It is expected that the rule will be challenged in court.