Cows feeding at bunk.
November 15, 2017

Hold Off On Air Emissions Reporting

 |  By: Jim Dickrell

Michael Best, a Wisconsin-based law firm which tracks ag and dairy issues, is recommending dairy farms hold off on reporting any air emissions until a federal court in Washington, D.C. offers more clarity.

Last April, a court ruling invalidated 2008 Environmental Protection Agency (EPA) air emissions reporting exemptions for all dairy farms under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and only require Confined Animal Feeding Operations to report emissions under the Emergency Planning and Community Right-to-Know Act (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, say Michael Best attorneys.

“No ruling has yet been issued on the motion for a stay, but the court has not affirmatively issued a mandate that would have the effect of requiring reporting today (Nov. 15). As a result, we recommend holding off on any reporting obligations until the Washington, D.C. Circuit acts,” they say.