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EPA Exempts Animal Waste Air Emissions from CERCLA

EPA published a final rule exempting agricultural operations from requirements to report air emissions from animal waste under CERCLA and under the Emergency Planning and Community Right-to-Know Act (EPCRA).  The final rule revises the definitions of “animal waste” and “farm” to clarify that all air emissions from animal waste at agricultural operations (including Concentrated Animal Feeding Operations “CAFOs”) are exempt from reporting under CERCLA.  The rule incorporates the revisions of the Fair Agricultural Reporting Method (FARM) Act signed into law by congress on March 23, 2018, that EPA lacks the authority under CERCLA to create reporting exemptions for animal waste emissions.