Sunday, December 5, 2010

CERCLA EPCRA Reporting Exemption For Hazardous Substance Releases From Farms

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). On January 15, 2009, Waterkeeper Alliance, Sierra Club, the Humane Society of the United States, Environmental Integrity Project, the Center for Food Safety, and Citizens for Pennsylvania's Future filed a Petition for review of the Final Rule. The petition challenged the exemptions under both CERCLA and EPCRA. On March 17, 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. On Feburary 11, 2009, the National Chicken Council, National Turkey Federation, and U.S. Poultry & Egg Association moved to intervene on behalf of EPA to assert their interests in the Final Rule.

Since August 25, 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 specialized expertise to clients nationwide on Toxic Release reporting under CERCLA and EPCRA, and Tier 2 reporting under EPCRA 311 and 312, and EPCRA 313 Toxic Release Inventory Reporting.

For further information contact Caltha LLP at


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