Hazardous Substance Release Reporting Requirements For Agricultural Facilities

On December 18, 2008, EPA published a Final Rule, "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms ("Final Rule").

The Final Rule established exemptions from certain reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right to Know Act (EPCRA). In 2009, Waterkeeper Alliance filed a Petition for review of the Final Rule. The petition challenged the exemptions under both CERCLA and EPCRA. Also in 2009, the National Pork Producers Council filed its Petition for Review challenging a portion of the Final Rule that amended the EPCRA regulations. The two cases were consolidated.

Since 2009, the case has been held in abeyance so that the parties could participate in the D.C. Circuit Mediation Program. The mediation process did not resolve the issues raised by all of the parties, but it did raise issues warranting reconsideration of the final rule by EPA. As such, EPA sought and received a voluntary remand, without vacature of the Final Rule during the reevaluation period.

Caltha LLP provides expert environmental consultant services in Minnesota to assist in CERLCA and EPCA release reporting and Minnesota spill reporting requirements, Tier 2 Hazardous Material reporting under EPCRA 311 and 312, and Minnesota Toxic Release Inventory TRI reporting requirements

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River