CERCLA Reporting

Modesto, Calif., (November 13, 2017) – The United States Environmental Protection Agency (US EPA) has a requirement that businesses that emit more than a threshold level of certain emissions into the air must report those emissions to the National Response Center (NRC) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Most emissions from agriculture to do not fit the reasons for which reporting was required under the Act originally and could overwhelm the NRC with calls where no response is expected or will occur any way. Therefore, US EPA adopted regulations in 2008 exempting most of agriculture from reporting under CERCLA. Environmental activists groups sued USEPA challenging that exemption and won their case. EPA has asked for a stay of that court ruling so that agriculture does not have to report, however the U.S. Court of Appeals has not ruled on EPA’s request to continue the stay of the court’s ruling. If the court does not grant EPA’s request, Some Dairy Farms May Need to Report Air Emissions from Manure on November 15, 2017 under CERCLA if emissions for ammonia and hydrogen sulfide exceed the threshold quantity of 100 pounds in a 24-hour timeframe. EPA has made a strong case in favor of granting the stay. At this point, NMPF continues to urge dairy producers NOT to file any air emission reports. If you do, you are asking for trouble. Also, the reporting process is changing, the new process is outlined below and is not available yet.

If you have questions on this reporting requirement, call Paul Sousa at 209-556-2490.

FROM EPA:

Several issues that have arisen relate to the initial notification to the National Response Center (NRC). First, there is the potential for the NRC to be overwhelmed with calls on November 15th due to the number of farm owners/operators that will need to report. Second, some farm owners/operators have begun reporting to the NRC. The automated system the NRC uses to ensure release notifications get to the appropriate Federal, State, and local response officials, has resulted in some State and local officials calling the farm owners/ operators to get more information about the release they reported and what response is needed.

• The NRC will establish an email notification system so farm owners/operators can email their continuous release reports to the NRC rather than calling the NRC 800 number. Farmers who have multiple farms can list the name and location of all farms, as well as the associated name(s) of hazardous substance(s) released, in one e-mail.
• Once the email is received by the NRC email notification system, it will generate an automatic response e-mail with a generic identification number (CR-ERNS) for the farm. The farm owner/operator will place that CR-ERNS number on the follow-up written notification report that is required to be submitted to EPA Regional Office within 30 days.
• Additionally, the NRC will email the farm owner/operator’s continuous release notification to the EPA who will organize the notification in a spreadsheet and make that information available to the EPA Regional offices. This will alleviate inundating the EPA Regional office with continuous release reports.

The initial notification by e-mail, rather than by telephone, will help to avoid expected long hold delays, telephone system “crashes,” and related inconveniences when reporting for farmers starts on November 15, 2017. EPA and the NRC consider the use of e-mail in this instance as complying with the immediate notification requirement of CERCLA section 103.

We are working to have this system in place by Tuesday, November 14th or sooner if possible. We will be revising and updating our website and guidance to communicate this streamlined reporting option for farmers:

“Due to the potential for large call volumes to the National Response Center (NRC), we are establishing an email option for initial continuous release notifications. The system should be available by November 15, 2017. Farm owners/operators should consider using the email option once it is available. This expedited option will allow one email notification for owners/operators with multiple farms.