Michael Best and industry colleagues have been closely monitoring activity at a federal court in Washington, D.C., hoping we would gain additional clarity on air emissions reporting obligations under two federal laws. As of 1:00 p.m. CST today, November 15, no order has yet been issued by the federal court. Given this uncertainty, we are recommending farms hold off on reporting any emissions to EPA or the National Response Center at this time.
Under EPA’s October 2017 guidance, farms with releases above certain quantities under CERCLA would be required to make what is known as a “continuous release report” under that law, while no reporting would be required under EPCRA.
Michael Best continues to monitor this issue closely, and we will release additional client alerts when more information becomes available. Stay tuned for these developments.
With permission from Michael Best: https://www.michaelbest.com/Newsroom/154323/Hold-the-Phone-Do-Not-Report-Air-Emissions-from-Livestock-Operations-Today