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Important note: Congress restricted EPA from expending any funds in fiscal year 2010 for the purpose of implementing subpart JJ (manure management) section of the rule. This does not change the requirements of the rule. At this time facilities that meet the threshhold size in the table below are advised to keep the appropriate records and be prepared to submit a report in 2011, albeit with very little guidance from EPA due to their budgetary restrictions. Industry efforts are currently underway to overturn this portion of the rule, but it is unknown what the outcome of any of those efforts will be.

Which Livestock or Poultry Facilities Will Be Required to Report?

Several industries are impacted by this rule, including animal agriculture. The rule estimates that around 100 facilities will meet the threshhold of 25,000 metric tons of annual carbon dioxide (equivalent) emissions. The following table is excerpted from page 558 of the Final Mandatory GHG Reporting Rule (711 pages).

Facilities below these populations will not be required to report emissions. Facilities that meet or exceed these populations will need to conduct an analysis to determine if they emit more than 25,000 tons of CO₂ equivalent.

An important point in the reporting requirements for animal agriculture are that emissions need to be calculated and reported only for the manure management system. Enteric fermentation (fermentation occurring naturally in the rumen or gut) is not included. Emissions from land application of manure are also not included.

Large facilities with more than one type of animal (even if the species present do not individually meet the population listed above) will need to calculate their combined animal group factor (page 542 of Mandatory Final GHG Reporting Rule).

Reducing GHG Emissions Can Change Reporting Requirements

Facilities that implement technologies or management that reduce their GHG emissions will be able to cease reporting:

• after 5 consecutive years of emissions below 25,000 metric tons CO2e/year
• after 3 consecutive years of emissions below 15,000 metric tons CO2e/year
• if the GHG-emitting processes or operations are shut down

When Will CAFOs Need to Begin Reporting?

Facilities are required to begin collecting data on January 1, 2010. The first emissions report is due on March 31, 2011, for emissions during 2010.

Learning More About Greenhouse Gas Emissions from Animal Agriculture

• LPE Learning Center webcast(December, 2009) Greenhouse Gas Emissions Estimation and Reporting
• LPE Learning Center webcast (May, 2009) Greenhouse Gas Emissions from Animal Agriculture. Note: The information about regulations relates to the proposed rule and not the final rule.
• US EPA Greenhouse Gas Reporting Rule Website
  • Manure Management Fact Sheet
  • Manure Management Checklist
• Dairy GHG model developed by Al Rotz, USDA ARS