By Stan Smith
Posted here in last week’s Ohio BEEF Cattle letter, Peggy Kirk Hall and Ellen Essman from OSU’s Agricultural and Resource Law office explained that beginning November 15, 2017, many livestock, poultry and equine farms were required to comply with hazardous substance release reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103. Since that release last week, EPA has offered some further clarification of those requirements. In addition, Peggy Kirk Hall has provided additional details to consider when determining which farms meet the threshold for reporting, and how to meet the requirements of the law for reporting.
Perhaps the most significant clarification is that EPA has changed their language from “must report by November 15” to “must begin reporting by November 15” and “must submit their initial continuous release starting on November 15.” Thus, it’s no longer required that initial reports are filed today, November 15, 2017. In addition, due to the potential large volume of calls resulting in potential delays and to expedite the initial continuous release notification process, EPA is now asking that producers use the temporary email reporting option instead of a phone call.
Find Hall’s most recent law bulletin relating to the hazardous substance release reporting requirements under CERCLA, including estimates of the approximate reportable quantities of livestock that would trigger the reporting requirement,
linked here.