Manure tanker.
February 13, 2018

Senate Bill Would Exempt Dairy Farms from CERCLA Air Emission Reporting

 |  By: Jim Dickrell

A bi-partisan bill was introduced to the U.S. Senate Tuesday that would prevent dairy farmers from having to report air emissions data under the Comprehensive Environmental Response, Compensation and Liability Act.

The Fair Agricultural Reporting Method (FARM) Act was introduced by Sens. Deb Fischer (R, Neb.) and Joe Donnelly (D, Ind.) and has 18 co-sponsors.

“CERCLA was never intended to be applied in this way to dairy farms,” says Jim Mulhern, National Milk Producer Federation president and CEO.

In 2008, the Environmental Protection Agency exempted most farms from reporting the release of manure-related ammonia and hydrogen sulfide under CERCLA and the Emergency Planning and Community Right to Know Act of 1986 (EPCRA). But a District of Columbia Court of Appeals ruling in April of last year directed the removal of the exemption.

EPA had a stay on lifting that exemption until January, 2018, and was been granted another 90 days which ends in mid-April. That gave time for Congress to act. The FARM Act addresses CERCLA only.