United States Office of Solid Waste February 2009 

 Environmental Protection and Emergency Response www.epa.gov/emergencies 

 Agency 

 

Office of Emergency Management

For purposes of this rule: 

Animal Waste means manure 

(feces, urine, and other excrement 

produced by livestock), digestive 

emissions, and urea. The definition 

includes animal waste when mixed 

or commingled with bedding, 

compost, feed, soil and other 

typical materials found with animal 

waste. 

Farm means a facility on a tract of 

land devoted to the production of 

crops or raising of animals, 

including fish, which produced and 

sold, or normally would have 

produced and sold, $1,000 or more 

of agricultural products during a 

year.

CERCLA/EPCRA Administrative Reporting Exemption for Air

Releases of Hazardous Substances from Animal Waste at Farms

Final Rule 

Please note: 

This regulation does not create any new regulatory requirements or reporting deadlines.

The final rule, “CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous 

Substances from Animal Waste at Farms,” is an exemption from the existing notification requirements 

in the 1984 final rule on the Comprehensive Environmental Response, Compensation, and Liability 

Act (CERCLA) notification requirements. The exemption became effective on January 20, 2009. The 

final rule exempts all farms that release hazardous substances from animal waste to the air that meet 

or exceed their reportable quantity (RQ) from reporting under CERCLA section 103. The final rule 

also exempts farms that release hazardous substances from animal waste to the air that meet or 

exceed their RQ from reporting under the Emergency Planning and Community Right to Know Act 

(EPCRA) section 304 if they stable or confine fewer than the following number of animal species: 

1. 700 mature dairy cows, whether milked or dry 

2. 1,000 veal calves 

3. 1,000 cattle other than mature dairy cows or veal 

calves. Cattle includes but is not limited to heifers, 

steers, bulls and cow/calf pairs 

4. 2,500 swine each weighing 55 pounds or more 

5. 10,000 swine each weighing less than 55 pounds 

6. 500 horses 

7. 10,000 sheep or lambs 

8. 55,000 turkeys 

9. 30,000 laying hens or broilers, if the farm uses a 

liquid manure handling system 

10. 125,000 chickens (other than laying hens), if the 

farm uses other than liquid manure handling 

system 

11. 82,000 laying hens, if the farm uses other than a 

liquid manure handling system 

12. 30,000 ducks (if the farm uses other than a liquid 

manure handling system) 

13. 5,000 ducks (if the farm uses a liquid manure 

handling system) 

Note: For the purposes of this rule, EPA considers animals that reside primarily outside of an 

enclosed structure (i.e., a barn or a feed lot) and graze on pastures, not to be stabled or confined. 

Those farms that stable or confine greater than the number of animal species identified above are still 

required to submit the appropriate reports to State and local officials pursuant to EPCRA section 304 

if they release hazardous substances to the air that meet or exceed their RQ. That is, the reporting 

requirement under EPCRA section 304 in this rule does not create a new regulatory requirement. 
CERCLA/EPCRA Exemption for Air Releases of Hazardous Substances February 2009 

Office of Emergency Management

Farms that are required to report their air releases of hazardous substances from animal waste under 

EPCRA should follow the requirements at 40 CFR 355.32, “Which emergency release notification 

requirements apply to continuous releases?” For these notifications you are not required to call the 

National Response Center. Your initial telephone notification should be directed to the community 

emergency coordinator for the Local Emergency Planning Committee (LEPC) for any area likely to be 

affected by the release and to the State Emergency Response Commission (SERC) of any State 

likely to be affected by the release. You will then submit the written notification to those LEPCs and 

SERCs as appropriate. 

Finally, the exemption created by the rule does not impact EPA’s authority to respond to citizen 

complaints or requests for assistance from State or local government agencies to investigate and 

respond to those releases of hazardous substances from farms. Nor does this rule limit any of the 

Agency’s other authorities under CERCLA (e.g., liability) or EPCRA. 

Background 

CERCLA section 103 notification requirements call for immediate notification to the National 

Response Center (NRC) when the person in charge of a facility has knowledge of a release of a 

hazardous substance equal to or greater than the RQ established by EPA for that substance. 

EPCRA section 304 emergency notification requirements call for notification to be given to the 

community emergency coordinator for each LEPC for any area likely to be affected by the release, 

and the SERC of any State likely to be affected by the release. Through this notification, State and 

local officials can assess whether a response action to the release is appropriate. EPCRA section 

304 notification requirements apply only to releases that have the potential for off-site exposure and 

that are from facilities that produce, use, or store a “hazardous chemical,” as defined by regulations 

promulgated under the Occupational Safety and Health Act of 1970 (OSHA) (29 CFR 1910.1200(c)) 

and by section 311 of EPCRA. 

You Are Not Required to Report If: 

• You have reported continuous releases in the past and your continuous release report is up to 

date and on file with the appropriate SERC and LEPC; or 

• Your releases are less than the RQ. 

Moreover, EPA does not expect farms participating in the Agency’s Animal Feeding Operation Air 

Compliance Agreement (70 Fed. Reg. 4958), and that are in compliance with the terms of the 

Agreement, to report at this time. 

For continuous release reporting, to establish the continuity and stability of the release, you may use: 

• Prior release data; 

• Knowledge of operating procedures; or 

• Best professional judgment. 

Look for Updates 

As the Agency receives additional questions that are generally applicable to a wide audience, we will 

update this fact sheet on the web with those questions and answers. 

EPA is working on developing emission estimating methodologies based in part on the data collected 

in the National Air Emissions Monitoring Study, which is scheduled for completion at the end of 2009 

with the final report to be complete in 2011. For more information on the Air Compliance Agreement 

and the Air Emissions Monitoring Study, please visit: 

http://www.epa.gov/compliance/resources/agreements/caa/cafo-agr.html.