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As a livestock or poultry operation what obligations do I have under CERCLA, the Comprehensive Environmental, Response, and Liability Act and EPCRA the Emergency Planning and Community Right-to-Know Act administrative reporting exemption published on December 18, 2008?

Last Updated: January 26, 2009

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If your operation is a 'large CAFO', you are obligated to comply with EPCRA only, which may mean reporting air emissions to state and local contacts. If not a large CAFO, you do not need to report air emissions associated with raising farm animals under EPCRA or CERCLA. The reporting exemption (published December 18, 2008 and effective January 20, 2009) reduced the burden of complying with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and to a limited extent, the Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements on livestock and poultry operations. The final rule provides an across-the-board administrative exemption under CERCLA (only) that means livestock and poultry farms are not required to report to the EPA or other federal entities air emissions that normally arise from raising farm animals. The new rule clarifies that only large concentrated animal feeding operations (large CAFOs) are required to report, under EPCRA, to local and state agencies if certain air emissions are above specified daily threshold quantities. The reportable quantity that triggers notification responsibilities under federal regulations for ammonia and hydrogen sulfide is 100 pounds within any 24-hour period. As clarification, regardless of livestock farm size and type, CERCLA and EPCRA both apply in the event of the release of a listed substance in the form of air emissions that don't normally arise from raising farm animals (e.g. a ruptured ammonia tank) or due to a failure in containment (e.g. a farm chemical spill). For more information on this rule see: EPCRA Requirements This FAQ was developed and reviewed by Chris Henry and Rick Stowell, University of Nebraska and Carol Galloway, US EPA Region 7

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