PRO-DAIRY e-Alert: Do NOT Report Air Emissions!

This just in from National Milk Producers Federation (NMPF):

“As most of you know, NMPF has been actively engaged with the US Environmental Protection Agency, Congress and our animal agriculture colleagues here in Washington to find a solution to problem created by the U.S. Court of Appeals’ decision to vacate the 2008 exemption for reporting air emissions from manure.

At midnight tonight, a stay of the court’s decision that the EPA had requested and received back in May will expire. EPA has requested an additional 60 days which would extend the stay until at least January 17, 2018. EPA carefully followed the court’s instructions which were the prerequisite for requesting additional time. The plaintiffs have filed a brief in opposition to the EPA request, and a decision should be forthcoming soon – hopefully later today.

NMPF has continually urged farmers to not report until the legal process has run its course. Some in the animal agriculture industry began filing reports last week and the outcome was not favorable. We believe we will see a decision today which could result in one of three different outcomes.

  • First, the court could grant the additional time, and there would be no immediate need to report.
  • Second the court could deny the request for additional time and the reporting obligation will begin November 15th.
  • Third, the court could deny the stay, and in addition require reporting under both the Emergency Planning Community Right to Know Act (EPCRA) and under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

NMPF has drafted guidance to assist farmers in determining whether to report, and step-by-step instructions on how to report, which we will adjust as needed and release as soon as we know the proper course of action to follow. In other words, if the court ruling is the second or third options above, we will immediately send the instructions for reporting emissions.”