In April 2017, the D.C. Circuit Court ruled that farms were required to report air releases of hazardous substances above certain thresholds under the Clean Air Act and EPCRA. EPA released guidance on those reporting obligations in November 2017. EPA requested a stay of 90 days to provide the agency additional time to prepare for any reporting obligations, cited a need for more time to refine guidance to industry on meeting the reporting obligations and to finalize agriculture-specific forms that would be used to report emissions from animal wastes to EPA. Click here for summary of EPA and Court actions on EPCRA reporting for farms.
On February 1, the U.S. Court of Appeals for the D.C. Circuit extended a stay of air emissions reporting from livestock wastes through at least May 1, 2018.