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The U.S. Environmental Protection Agency (EPA) is proposing a rule that would provide an administrative exemption from particular notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, and the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act.  The proposed administrative reporting exemption is limited to releases of hazardous substances to the air where the source of those hazardous substances is animal waste at farms.  Notifications must still be made when and if hazardous substances are released to the air from any source other than animal waste (e.g., ammonia tanks) at farms, as well as releases of any hazardous substances at farms to any other environmental media (i.e., soil, ground water, surface water) when the release of those hazardous substances is at or above its reportable quantity for 24 hours.

This proposed rule would reduce the burden on the regulated community of complying with CERCLA and EPCRA reporting requirements.  In fact, EPA is proposing that these reports are unnecessary because there is no reasonable expectation that Federal, state or local emergency responders would respond to such report(s). 

EPA is also seeking public comment on the usefulness of emergency release notification and written follow-up emergency notices that are submitted to State Emergency Response Commissions (SERCs) and Local Emergency Planning Committees (LEPCs) when there is a release to the air from animal waste at farms of any hazardous substance at or above the reportable quantity for those hazardous substances.