CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms

SEPA
Office of Land 520-F-17-001
and January 2018
United States Emergency Management www.epa.gov/animalwaste
Environmental Protection
Agency
CERCLA and EPCRA Reporting Requirements for Air Releases of
Hazardous Substances from Animal Waste at Farms
Overview
Two environmental laws, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and
Emergency Planning and Community Right-to-Know Act (EPCRA), require reporting releases of a hazardous substance
that exceeds a reportable quantity within a 24-hour period. The purpose of the notification is for federal, state, and local
officials to evaluate the need for an emergency response to mitigate the effects of the release to the community.
Due to a recent court decision, some farms (including ranches, livestock operations and/or animal operations) will soon be
required to report hazardous substance air releases from animal waste under CERCLA.
Why do I need to report?
Previously, EPA exempted farms from reporting hazardous substance air releases from animal waste under CERCLA, and
only large concentrated animal feeding operations (CAFOs) were subject to EPCRA reporting, which is a separate but
related law.
Citizen groups challenged the validity of EPA's rule, and the U.S. Court
of Appeals for the DC Circuit struck down EPA's rule on April 11,
2017. Therefore, EPA's regulatory exemption no longer applies.
As a result of the Court decision, farms with animal operations that
release certain amounts of hazardous substances will be required to
report these air emissions as early as January 22, 2018.
When do I need to report?
The Court is expected to issue its order on January 22, 2018. Farms do
not have to report until the Court issues its mandate.
Do I need to submit a CERCLA report?
Reporting is required when releases of hazardous substances (like
ammonia or hydrogen sulfide) from animal waste meet or exceed their
reportable quantities within a 24-hour period. For a complete list of
CERCLA hazardous substances, please see the Resources link at:
www.epa.gov/animalwaste.
What substances need to be reported?
Ammonia (NH3) and hydrogen sulfide (FbS) are common hazardous
substances emitted from animal waste that require reporting if released
to the air in amounts greater than or equal to their reportable quantity of
100 lbs within a 24-hour period. If a farm releases any other hazardous
substances above their designated reportable quantities within a 24-hour
period, those need to be reported as well.
How do I estimate releases?
To help you comply with the reporting requirements, EPA has made
resources available on its website that may be helpful in estimating
emissions. You may also use other models for estimating emissions or
you may estimate quantities of releases by relying on:
• Past release data;
• Engineering estimates;
• Your knowledge of the facility's operations and release history; or
• Your best professional judgment.
Why Can't EPA Tell Me How Many
Animals Require Reporting?
EPA recognizes it will be challenging for
farmers to estimate releases because there
is no generally accepted methodology for
estimating these emissions at this time.
Many factors influence emissions:
• geographic location;
• environmental conditions;
• management practices (e.g. feed,
manure);
• animal characteristics (e.g. number,
species, life stage);
• operating conditions; and
• general management practices.
Due to the complex interactions of these
factors, emissions cannot be standardized
based solely on the number and type of
animals at each animal operation. For
example, there are many scenarios when
operations with fewer animals will have
higher emissions than operations with
greater numbers of the same species of
animals.
EPA is working on developing
methodologies to estimate emissions from
a wide variety of operations and thus better
inform emission estimates from animal
waste. However, that work will not be
completed prior to the Court's mandate that
farms report.
Office of Emergency Management

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Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms
January 2018
Facility owners and operators are required to report an estimate only-
monitoring data is not required. Additionally, farmers are not required
to reduce emissions. Farmers should keep a copy of the calculation for
future reference. For more information, please see the Resources link
at: www.epa.gov/animal waste.
How do I report for CERCLA?
To comply with CERCLA reporting requirements for air releases of
hazardous substances from animal waste, instead of reporting every
day, farms may follow a streamlined reporting process known as
"continuous release reporting/' This requires the facility owner or
operator to follow the steps outlined in the column to the right.
How often do I need to estimate emissions?
If you use the continuous release reporting process, you need to review
emissions from the farm once a year. You'll also need to estimate
emissions following any significant changes in operations that may
result in statistically significant increases in emissions.
Do I need to submit an EPCRA report?
EPA interprets the statute to exclude farms that use substances in
"routine agricultural operations" from reporting under EPCRA section
304. This encompasses routine operations at farms, animal feeding
operations, nurseries, other horticultural operations, and aquaculture.
For more information, see: www.epa.gov/epcra/question-and-answer-
cpcra-rcporting-rcquircmcnts-air-rclcascs-hazardous-substanccs-
anima.1
Do farms that have animals that reside primarily
outside of an enclosed structure and graze on pastures,
need to comply with reporting releases of hazardous
substances from animal wastes under CERCLA?
Yes, if the facility has releases above the reportable quantity. EPA
considers all contiguous property under common ownership to be a
single facility for reporting purposes. For purposes of determining
whether you have a reportable release, a person must identify all of the
sources of hazardous substances releases, identify the quantities that
are emitted from each source, and add up the quantities released for
the facility. In making this determination, farms should include all
releases from the facility, including releases from animal waste due to
animals that reside primarily outside of an enclosed structure.
Additional Resources
• Email comments or suggestions on guidance materials to:
CERC LA 103. guidance @epa. gov
• Regional Contacts: www .epa. gov/epcra/ cr-erns-regional-contacts
• Continuous Release Reporting Forms: www. epa. gov/animal waste
• National Response Center: 800-424-8802 or farms@uscg.mil
Questions?
• See the CERCLA and EPCRA guidance for more information: www .epa. gov/animal waste
• Call the EPCRA, RMP & Oil Information Center at: 1-800-424-9346
CERCLA Continuous Release
Reporting Process
Step 1: Provide the National Response
Center (NRC) with an initial continuous
release notificationby email
(farms@usc g. mil) or by phone
(1-800-424-8802). An owner or operator
can send one email notification for multiple
farms.
Your email should identify that this is an
initial continuous release notification and
include:
• Name of the farm
• Location of the farm (e.g., name of
city/town and state)
• Name(s) of the hazardous substance(s)
released (ammonia and/or hydrogen
sulfide)
Note: The NRC does not require personally
identifiable information, such as an address
for a private residence. A generic location
(name of city/town and state) may be
sufficient.
You will receive an email from the NRC
with a single identification number
(CR-ERNS) for your fanns(s). Include the
CR-ERNS number on the follow-up report
discussed in Step 2.
Step 2: Within 30 days of the NRC
notification, submit an initial written
notification to the EPA Regional Office for
the area where the release occurs (see
www.epa.gov/epcra/cr-erns-iegional-contacts).
Use the Continuous Release Reporting
Form.
Step 3: Submit a one-time first anniversary
follow-up report to the EPA Regional
Office.
If there are significant changes at your
operation that could result in a change in
emissions, additional reporting may be
necessary.
Office of Emergency Management
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