EPCRA Reporting CERLCA Reporting Excemptions Being Reevaluated

In 2008, EPA published a Final Rule, "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms". The final rule established exemptions from certain reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right to Know Act (EPCRA).

In 2009, the Waterkeeper Alliance filed a petition for review of the Final Rule. The petition challenged the reporting exemptions under both CERCLA and EPCRA. Shortly afterwards, the National Pork Producers Council filed a petition for review challenging a portion of the rule that amended the EPCRA reporting regulations. The two cases were then consolidated.

Since August 25, 2009, the case has been held in abeyance so that the parties could participate in the D.C. Circuit Mediation Program. The mediation process did not resolve the issues raised by all of the parties, but it did raise issues warranting reconsideration of the final rule by EPA. As such, EPA sought and received a voluntary remand, without vacature of the Final Rule, during the reevaluation period.

Caltha LLP provides expert environmental consultant services in Wisconsin to assist in CERLCA and EPCA release reporting and Wisconsin spill reporting requirements, Tier 2 Hazardous Material reporting under EPCRA 311 and 312, and Wisconsin Toxic Release Inventory TRI reporting requirements

For further information, contact Caltha LLP at:

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