On Dec.18, 2008, the U.S. Environmental Protection Agency published a final rule stating that estimated air emissions from concentrated animal feeding operations (CAFOs) do not need to be reported under the Comprehensive Environmental Response and Compensation Liability Act (CERCLA). However, the EPA did require that large CAFOs notify state and local emergency response officials about ammonia and hydrogen sulfide emissions from their livestock operations under the Environmental Planning and Community Right-to-know Act (EPCRA).

This new reporting requirement affects only large CAFOs (as defined by the EPA’s NPDES requirements) that did not complete the application and sign up for the 2005 Air Consent Agreement.
Under this new ruling, on or before January 20, 2009, any large CAFO or operation that emits 100 pounds or more of ammonia or hydrogen sulfide during any 24-hour period, and did not sign up during the Air Consent Agreement must report these emissions by a telephone call to state and local emergency responders. A written report must be submitted within 30 days after the telephone call is made. Failure to make the telephone call by January 20 and/or to submit a follow-up written report could subject livestock producers to penalties of $25,000 per day, as well as potential criminal liability for knowingly failing to report.

For more information on what to include during the notification process, visit http://www.epa.gov/emergencies/content/epcra/epcra_report.htm.

To find out where you need to report: http://www.epa.gov/emergencies/content/epcra/index.htm.

Many of the commodity groups are developing resources to assist their producers in responding to this deadline and estimating emissions. More information will be posted on the MSU AAE Team Web page at www.animalagteam.msu.edu. Or contact your local MSU Extension office or your commodity organization.

This article is from the January 2009 issue of The Scoop. To read the rest of The Scoop click here.