Farm scene.
November 27, 2017

Air Emissions Reporting Delayed Until January 22

 |  By: Jim Dickrell

Livestock farmers have been granted a two-month reprieve in reporting air emissions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Emergency Planning and Community Right-to-Know Act (EPCRA).

According to a report in Feedstuffs, the District of Columbia Circuit Court issued a stay that mandates reporting under both acts until Jan. 22, 2018. The original ruling required reporting on Nov. 15, 2017.

Last April, a court ruling invalidated 2008 Environmental Protection Agency (EPA) air emissions reporting exemptions for all dairy farms under CERCLA and only require Confined Animal Feeding Operations to report emissions under EPCRA.

In October 2017, EPA issued a guidance that farms with air emission releases above certain quantities under EPCRA would be required to file a “continuous release report.” After releasing that guidance, EPA asked a federal appeals court for a stay (a delay in the court’s earlier ruling) to allow EPA more time to prepare for these reporting obligations.

Still problematic is the fact that there is no accepted scientific methodology to estimate air emissions form livestock operations.  The National Cattlemen’s Beef Association is hoping to use the two-month delay in the reporting mandate to introduce stand-alone legislation to fix the issue.