AFOs – Large CAFOs May Need to Report under EPCRA

On December 18, 2008, the US EPA published a final rule that clarified which livestock facilities must report air emissions from their facilities. The two laws of interest in this are the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Emergency Planning and Community Right to Know Act (EPCRA).
Animal agriculture was granted an administrative exemption from reporting air emissions that normally occur from raising farm animals under CERCLA.  Additionally, farms that are not large Concentrated Animal Feeding Operations (CAFOs) according to NPDES permitting rules are exempt from reporting under EPCRA. Previous drafts of the rule had essentially created a complete exemption for reporting air emissions from animal agriculture, so this rule came as a complete surprise to many producers, industry representatives, and those who advise producers.

The rule is effective on January 20, 2009. Large CAFOs may face increasing liability for non-compliance following this date.

The Livestock and Poultry Environmental Learning Center has assembled information about this rule including determining responsibility, estimating emissions, and making a report. http://www.extension.org/pages/Large_Animal_Feeding_Operations_May_Need_to_Meet_Air_Emissions_Reporting_Requirements