Regulatory Development and Retrospective Review Tracker

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

a.k.a. CERCLA/EPCRA Reporting Requirements for Air Releases

RIN: 2050-AG66 (What's this?)

Docket No.: EPA-HQ-SFUND-2007-0469 (What's this?)

Current Phase: Pre-Proposal (What's this?)

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 (73 FR 76948) ("the 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 (collectively, "Waterkeeper") 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 February 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. The case was held in abeyance so that the Parties could participate in the D.C. Circuit Mediation Program. While the mediation process did not resolve the issues raised by all of the Parties, it did raise issues warranting reconsideration of the final rule by EPA. As such, EPA sought and received a voluntary remand, without vacatur of the Final Rule during the re-evaluation period. In this action, EPA is reconsidering the Final Rule based on (1) policy choices that were initially made in the promulgation of the Final Rule, (2) views that were articulated by the Parties during the mediation process and (3) additional data that is now available. The additional data includes data that was collected as part of the National Air Emissions Monitoring Study (NAEMS). Because EPA intends to use final emissions estimating methodologies (EEMs) based on the NAEMS data as part of the proposed rule, the schedule for the publication of the proposed rule is dependent on a timely finalization of those EEMs.

NPRM: Published in FR00/0000 (projected)

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to affect the availability of information to vulnerable populations.

Federal Government - other agencies
Likely to be involved in the implementation of this rule.

Local Governments
Likely to be involved in the implementation of this rule.

State Governments
Likely to be involved in the implementation of this rule.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - No Information Available.
Citations & Authorities

Code of Federal Regulations (CFR) Citation
40 CFR 302;40 CFR 355

Legal Authority
42 U.S.C. 9603;42 U.S.C. 11004