Emergency Release Notification Regulations on Reporting Exemption for Air Emissions From Animal Waste at Farms; Emergency Planning and Community Right-to-Know Act, 56791-56797 [2018-24821]
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules
List of Subjects
ACTION:
40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements and
Volatile organic compounds.
SUMMARY:
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Dated: November 7, 2018.
William L. Wehrum,
Assistant Administrator.
[FR Doc. 2018–24816 Filed 11–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 355
[EPA–HQ–OLEM–2018–0318; FRL–9986–
40–OLEM]
RIN 2050–AH00
Emergency Release Notification
Regulations on Reporting Exemption
for Air Emissions From Animal Waste
at Farms; Emergency Planning and
Community Right-to-Know Act
Environmental Protection
Agency (EPA).
AGENCY:
Proposed rule.
The Environmental Protection
Agency (EPA or the Agency) is
proposing to amend the release
notification regulations under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) to add the
reporting exemption for air emissions
from animal waste at farms provided in
section 103(e) of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA). In addition,
EPA is proposing to add definitions of
‘‘animal waste’’ and ‘‘farm’’ to the
EPCRA regulations to delineate the
scope of this reporting exemption. This
proposed rulemaking maintains
consistency between the emergency
release notification requirements of
EPCRA and CERCLA in accordance with
the statutory text, framework and
legislative history of EPCRA, and is
consistent with the Agency’s prior
regulatory actions.
DATES: Comments must be received on
or before December 14, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OLEM–2018–0318, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
56791
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
Sicy
Jacob, United States Environmental
Protection Agency, Office of Land and
Emergency Management, 1200
Pennsylvania Ave. NW (Mail Code
5104A), Washington, DC 20460;
telephone number: (202) 564–8019;
email address: jacob.sicy@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
A list of entities that could be affected
by this final rule include, but are not
necessarily limited to:
Type of entity
Examples of affected entities
Industry .....................................................................................
NAICS code 111—Crop production.
NAICS code 112—Animal production.
NAICS code 999200—State Government, excluding schools and hospitals.
NAICS code 999300—Local Government, excluding schools and hospitals.
State Emergency Response Commissions, Tribal Emergency Response Commissions, Tribal Emergency Planning Committees and Local Emergency Planning
Committees.
States and/or Local Governments ...........................................
This table is not intended to be
exhaustive, but rather provide a guide
for readers regarding the types of
entities that EPA is aware could be
involved in the activities affected by
this action. However, other types of
entities not listed in this table could be
affected by this proposed rulemaking.
To determine whether your entity is
affected by this action, you should
carefully examine the applicability
criteria found in § 355.30 of title 40 of
the Code of Federal Regulations (CFR).
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If you have questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
proposing to add definitions of ‘‘animal
waste’’ and ‘‘farm’’ to the EPCRA
regulations to delineate the scope of this
reporting exemption.
B. What action is the Agency taking?
C. What is the Agency’s authority for
taking this action?
The EPA is proposing to amend the
EPCRA emergency release notification
regulations to include the reporting
exemption for air emissions from animal
waste at farms provided in CERCLA
section 103(e). In addition, EPA is
This proposed rulemaking is being
issued under EPCRA, which was
enacted as Title III of the Superfund
Amendments and Reauthorization Act
(SARA) of 1986 (Pub. L. 99–499). EPA
proposes this rulemaking under the
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authority of EPCRA section 304 (42
U.S.C. 11004) and the Agency’s general
rulemaking authority under EPCRA
section 328 (42 U.S.C. 11048).
II. Background of the Proposed Rule
A. Overview
Section 103 of CERCLA requires the
person in charge of a vessel or facility
to immediately notify the National
Response Center (NRC) when there is a
release of a hazardous substance, as
defined under CERCLA section 101(14),
in an amount equal to or greater than
the reportable quantity for that
substance within a 24-hour period. In
addition to these CERCLA reporting
requirements, EPCRA section 304
requires owners or operators of certain
facilities to immediately notify state and
local authorities when there is a release
of an extremely hazardous substance
(EHS), as defined under EPCRA section
302, or of a CERCLA hazardous
substance in an amount equal to or
greater than the reportable quantity for
that substance within a 24-hour period.
EPCRA and CERCLA are two separate
but interrelated environmental laws that
work together to provide emergency
release notifications to Federal, state
and local officials. Notice given to the
NRC under CERCLA serves to inform
the Federal government of a release so
that Federal personnel can evaluate the
need for a response in accordance with
the National Oil and Hazardous
Substances Contingency Plan (NCP),1
the Federal government’s framework for
responding to both oil discharges and
hazardous substance releases. Relatedly,
notice under EPCRA is given to the
State Emergency Response Commission
(SERC) for any state likely to be affected
by the release and to the community
emergency coordinator for the Local
Emergency Planning Committee (LEPC)
for any area likely to be affected by the
release so that state and local authorities
have information to help protect the
community.
Release reporting under EPCRA
depends, in part, on whether reporting
is required under CERCLA.2
Specifically, EPCRA section 304(a)
provides for reporting under the
following three release scenarios:
• EPCRA section 304(a)(1) requires
notification if a release of an EPCRA
EHS occurs from a facility at which a
hazardous chemical is produced, used
or stored, and such release requires a
notification under CERCLA section
103(a).
1 40
CFR part 300.
this document, emergency release notification
and release reporting are used interchangeably.
2 In
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• EPCRA section 304(a)(2) requires
notification if a release of an EPCRA
EHS occurs from a facility at which a
hazardous chemical is produced, used
or stored, and such release is not subject
to the notification requirements under
CERCLA section 103(a), but only if the
release:
Æ Is not a federally permitted release
as defined in CERCLA section 101(10),
Æ Is in an amount in excess of the
reportable quantity as determined by
EPA, and
Æ Occurs in a manner that would
require notification under CERCLA
section 103(a).
• EPCRA section 304(a)(3) requires
notification if a release of a substance
not designated as an EPCRA EHS occurs
from a facility at which a hazardous
chemical is produced, used or stored,
and such release requires a notification
under CERCLA section 103(a).
B. Fair Agricultural Reporting Method
Act and Legislative Amendments to
CERCLA
On March 23, 2018, the President
signed into law the Consolidated
Appropriations Act, 2018 (‘‘Omnibus
Bill’’). Title XI of the Omnibus Bill is
entitled the ‘‘Fair Agricultural Reporting
Method Act’’ or the ‘‘FARM Act.’’ See
Fair Agricultural Reporting Method Act,
Public Law 115–141, sections 1101–
1103 (2018). The FARM Act expressly
exempts reporting of air emissions from
animal waste (including decomposing
animal waste) at a farm from CERCLA
section 103. The FARM Act also
provides definitions for the terms
‘‘animal waste’’ and ‘‘farm.’’ On August
1, 2018, the Agency published a final
rule to amend the CERCLA regulations
at 40 CFR part 302 by adding the
reporting exemption for air emissions
from animal waste at farms and adding
definitions of ‘‘animal waste’’ and
‘‘farm’’ from the FARM Act.
C. Proposed Revisions to EPCRA Section
304 Release Notification Regulations
Based on the criteria for EPCRA
section 304 release reporting, EPA is
proposing to amend the EPCRA release
notification regulations in 40 CFR
355.31 to include the reporting
exemption for air emissions from animal
waste at farms. EPA is also proposing to
add definitions of ‘‘animal waste’’ and
‘‘farm’’ to the definition section of the
EPCRA regulations in 40 CFR 355.61 to
delineate the scope of this reporting
exemption. EPA believes these proposed
changes appropriately reflect the
relationship between CERCLA and
EPCRA release reporting requirements
and are consistent with the statutory
text, framework and legislative history
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of EPCRA, as well as the Agency’s prior
regulatory actions.
III. Legal Rationale for the Proposed
Rule
This proposed rulemaking maintains
consistency between the emergency
release notification requirements of
EPCRA and CERCLA in accordance with
the statutory text, framework and
legislative history of EPCRA, and is
consistent with the Agency’s prior
regulatory actions. Specifically, this
proposed rulemaking is based on the
relationship of the EPCRA section 304
reporting requirements to the CERCLA
section 103 reporting requirements, as
recently amended. As previously noted,
EPCRA section 304 reporting depends,
in part, on whether reporting is required
under CERCLA section 103. EPCRA’s
legislative history further indicates that
the EPCRA section 304 reporting
requirements are designed to be
consistent with the reporting
requirements of CERCLA section 103.
EPA has thus revised the EPCRA
emergency release notification
regulations from time to time, as
appropriate, to maintain consistency
with the CERCLA reporting
requirements.
Consistent with the Agency’s
interpretation of EPCRA section 304 and
the Agency’s prior regulatory actions,
EPA now proposes to amend the EPCRA
release notification regulations to
explicitly exempt air emissions from
animal waste at farms from reporting
under EPCRA section 304.
A. Statutory Text and Framework
EPCRA section 304 provides for
release reporting under three scenarios,
each of which depends in some way on
whether the release requires notice
under CERCLA. If a release requires
notice under CERCLA section 103(a),
the release may be subject to reporting
under EPCRA if the release meets the
requirements of EPCRA section
304(a)(1) or 304(a)(3). If a release is not
subject to notification under CERCLA
section 103(a), the release may
nonetheless be subject to reporting
under EPCRA if the release meets the
requirements of EPCRA section
304(a)(2). Because the FARM Act
exempted air emissions from animal
waste at farms from CERCLA reporting,
these types of releases no longer require
notice under CERCLA section 103(a)
and thus do not fall within the EPCRA
section 304(a)(1) or (a)(3) reporting
scenarios. Instead, these releases fall
within the EPCRA section 304(a)(2)
reporting scenario. Pursuant to EPCRA
section 304(a)(2), a release of an EPCRA
EHS that is not subject to notification
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under section 103(a) of CERCLA need
only be reported under EPCRA if the
release:
• Is not a federally permitted release
as defined in section 101(10) of
CERCLA,
• Is in an amount in excess of the
reportable quantity as determined by
EPA, and
• Occurs in a manner that would
require notification under section 103(a)
of CERCLA.
A release that is not subject to
CERCLA section 103(a) reporting must
meet all three criteria in EPCRA section
304(a)(2) to be subject to EPCRA
reporting. Here, air emissions from
animal waste at farms could meet the
first two criteria because such releases
are generally not federally permitted
and may exceed the applicable
reportable quantity. Yet these types of
releases do not ‘‘occur[] in a manner’’
that would require notification under
CERCLA section 103(a) and thus do not
meet the third criterion of EPCRA
section 304(a)(2). Because air emissions
from animal waste at farms do not meet
all three criteria under EPCRA section
304(a)(2), and do not fall within the
EPCRA section 304(a)(1) or (a)(3)
reporting scenarios, these types of
releases are not subject to EPCRA
reporting. As such, EPA is proposing to
amend EPCRA’s emergency release
notification regulations to clarify
reporting exemptions for certain types
of releases under EPCRA section 304.
Air emissions from animal waste at
farms no longer ‘‘occur[] in a manner’’
that would require notification under
CERCLA section 103(a) because the
recent amendment exempted these
types of releases from CERCLA
reporting. Importantly, the CERCLA
reporting exemption is specifically tied
to the nature or manner of these releases
rather than to a specific substance. For
example, the recent amendment does
not exempt specific substances typically
associated with animal waste (such as
ammonia and hydrogen sulfide) from
reporting; rather, it exempts from
reporting releases of any substance from
animal waste at a farm into the air.
Because air emissions from animal
waste do not ‘‘occur[] in a manner’’ that
would require notification under
CERCLA section 103(a), these types of
releases do not meet the third criterion
of EPCRA section 304(a)(2) and are thus
not subject to EPCRA reporting.
EPCRA section 304(a)(2) promotes
consistency between the reporting
requirements of EPCRA and CERCLA by
ensuring that only releases that ‘‘occur[
] in a manner’’ that would require
CERCLA notification be reported under
EPCRA. Yet, the provision also
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contemplates scenarios where releases
not subject to reporting under CERCLA
may still need to be reported under
EPCRA, such as releases of substances
designated as EHSs under EPCRA but
not as hazardous substances under
CERCLA. For example,
trimethylchlorosilane (Chemical
Abstract Service No. 75–77–4) is
designated as an EPCRA EHS but not as
a CERCLA hazardous substance. Since
trimethylchlorosilane is not a CERCLA
hazardous substance, its releases are not
subject to notification under CERCLA
section 103(a) and need only be
reported under EPCRA if such releases
meet the criteria of EPCRA section
304(a)(2). A trimethylchlorosilane
release that (1) is not a federally
permitted release as defined in CERCLA
section 101(10); (2) exceeds the
applicable reportable quantity; and (3)
‘‘occurs in a manner’’ that would
require notification under CERCLA
section 103(a) would still be subject to
EPCRA reporting. In this example, a
release of trimethylchlorosilane ‘‘occurs
in a manner’’ that would require
notification under CERCLA section
103(a) where, for example, the release is
‘‘into the environment’’ as defined in
CERCLA section 101(22), and is not one
of the excluded or exempted types of
releases described in CERCLA sections
101(22), 103(e), or 103(f). (See section C
of this preamble, for further explanation
of these exemptions.) Therefore, the
release of trimethylchlorosilane would
be similar to other releases that require
notification under CERCLA section
103(a).3
As another example, petroleum
(including crude oil or any fraction
thereof) is expressly excluded from the
definition of ‘‘hazardous substance’’ in
CERCLA section 101(14). Because of
this ‘‘petroleum exclusion,’’ releases of
petroleum are not subject to notification
under CERCLA section 103(a) and so
need to be reported under EPCRA only
if such releases meet the criteria of
EPCRA section 304(a)(2). Where a
petroleum release meets the first two
criteria of EPCRA section 304(a)(2), the
question becomes whether the release
‘‘occurs in a manner’’ that would
require notification under CERCLA
section 103(a). Notably, unlike air
emissions from animal waste at farms,
Congress did not exempt petroleum
3 See, e.g., 48 FR 23552, 23555 (May 25, 1983)
(describing the nature of releases subject to
CERCLA notification requirements); 52 FR 13378,
13383 (April 22, 1987) (explaining that the method
used to determine whether a release meets or
exceeds the applicable RQ under CERCLA ‘‘should
be equally applicable to releases under [EPCRA]
section 304 due to similarity to section 103 of
CERCLA’’).
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releases from CERCLA reporting based
on the manner or nature of these
releases. Instead, Congress exempted
these types of releases from CERCLA
reporting by excluding petroleum
(including crude oil or any fraction
thereof) from the definition of
‘‘hazardous substance.’’ See 42 U.S.C.
9601(14). As such, these types of
releases still ‘‘occur[ ] in a manner’’ that
would require notification under
CERCLA section 103(a) and could thus
be subject to reporting under EPCRA
section 304(a)(2) where the petroleum
release contains an EHS. See 52 FR
13378, 13385 (April 22, 1987). In sum,
where a CERCLA reporting exemption
or the reason a release is not subject to
CERCLA reporting is unrelated to the
manner in which such releases occur,
EPCRA section 304(a)(2) may compel
reporting of such releases.
In addition to the statutory text of
EPCRA section 304(a)(2), the statutory
framework of EPCRA’s reporting
requirements indicates a desire to
maintain consistency between the
EPCRA and CERCLA reporting
requirements. Indeed, ‘‘[i]n drafting the
EPCRA reporting requirements,
Congress expressly tied them to
CERCLA’s’’ such that ‘‘all of EPCRA’s
reporting mandates are piggybacked on
the CERCLA mandates in one form or
another.’’ Waterkeeper Alliance v. EPA,
853 F.3d 527, 532 (D.C. Cir. 2017).
Under EPCRA sections 304(a)(1) and
(a)(3), EPCRA reporting depends on
whether a release requires notification
under CERCLA section 103(a), and
under EPCRA section 304(a)(2), EPCRA
reporting depends on whether a release
‘‘occurs in a manner’’ that would
require notification under CERCLA
section 103(a). Therefore, EPCRA
requires reporting only for releases that
require notification under CERCLA or
occur in a manner that would require
notification under CERCLA. Under
CERCLA section 103 as amended, air
emissions from animal waste at farms
do not require notification under
CERCLA section 103(a) and do not
occur in a manner that would require
such notification. As a result, these
types of releases are not subject to
reporting under EPCRA section
304(a)(1), (a)(2) or (a)(3). Thus, to clarify
that these types of releases are not
subject to reporting under EPCRA
section 304, EPA is proposing to amend
the EPCRA release notification
regulations to exempt air emissions
from animal waste at farms from
reporting under section 304. In doing so,
EPA seeks to avoid inconsistent
regulation of these types of releases
under EPCRA and CERCLA, in
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furtherance of the underlying purpose of
this statutory framework.
B. Legislative History
EPA’s understanding of EPCRA
section 304(a)(2) is informed by the
legislative history of EPCRA itself. In
1986, Congress passed EPCRA pursuant
to Title III of the Superfund
Amendments and Reauthorization Act
(SARA). In the committee conference
report addressing EPCRA, Congress
discussed the three scenarios requiring
release reporting under EPCRA section
304. With respect to EPCRA section
304(a)(2), the report states: ‘‘This
requires notification where there is a
release of an extremely hazardous
substance that would require notice
under section 103(a) of CERCLA but for
the fact that the substance is not
specifically listed under CERCLA as
requiring such notice.’’ See 99 Cong.
Conf. Report H. Rep. 962, October 3,
1986; SARA Leg. Hist. 38 (Section 304
Emergency Notification).
Congress thus expressed its intent that
state and local authorities be notified of
a qualifying release under EPCRA, even
if the substance released is not
identified as a hazardous substance
under CERCLA, when the release occurs
in a manner as the types of releases that
require notification under CERCLA
section 103(a). Conversely, if the release
occurs in a manner that Congress
determines does not require notification
under CERCLA section 103(a)—such as
air emissions from animal waste at
farms—then no reporting is required
under EPCRA section 304(a)(2) (i.e., the
third criterion of EPCRA section
304(a)(2) has not been met).
The legislative history also reveals
that Congress intended EPCRA section
304(a)(2) to operate to exclude
continuous releases from EPCRA’s
immediate notification requirements
because such releases do not occur in a
manner that requires reporting under
CERCLA section 103(a).4 The committee
conference report explains: ‘‘[R]eleases
which are continuous or frequently
recurring and do not require reporting
under CERCLA are not required to be
4 CERCLA section 103(a) requires the person in
charge of a vessel or facility to ‘‘immediately
notify’’ the NRC when there is a release of a
hazardous substance in an amount equal to or
greater than the reportable quantity for that
substance within a 24-hour period. In contrast,
releases that are continuous and stable in quantity
and rate may qualify for reduced, ‘‘continuous
release’’ reporting under CERCLA section 103(f)(2).
Similarly, EPCRA section 304 requires owners or
operators of certain facilities to ‘‘immediately’’
notify state and local authorities of qualifying
releases, and EPA has promulgated regulations that
allow continuous releases to be reported under
EPCRA in a manner consistent with CERCLA’s
continuous release reporting requirements.
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reported under [EPCRA section 304].’’
Rather, continuous releases are subject
to reduced reporting requirements
pursuant to CERCLA section 103(f). As
explained in section C.3. of this
preamble, EPA incorporated an
alternative for continuous releases into
EPCRA and promulgated regulations
that allow continuous releases to be
reported in a manner consistent with
CERCLA’s continuous release reporting
requirements.
Congress’s intent in adopting the
three scenarios in EPCRA section
304(a)(1)–(3) was to ensure that when
Federal authorities receive notice of a
release under CERCLA section 103(a),
state and local authorities receive
similar notice under EPCRA. Note that
CERCLA notification applies to the list
of hazardous substances (located in 40
CFR 302.4), while EPCRA notification
applies to the lists of both CERCLA
hazardous substances and EPCRA EHSs
(located in 40 CFR part 355 Apps. A and
B). When a substance is not a listed
CERCLA hazardous substance, but is on
the EPCRA EHSs list, EPCRA section
304(a)(2) provides for notification only
if the release of such substance occurs
in a manner as the types of releases that
require notification under CERCLA
section 103(a). On the other hand, if
Congress determines that a release
occurs in a manner that does not require
notification under CERCLA section
103(a), EPCRA section 304(a)(2) works
to logically exclude that release from
EPCRA reporting.
C. Prior Regulatory Actions
As noted, CERCLA release
notification was established to alert
Federal authorities to a release so that
the need for a response can be evaluated
and any necessary response undertaken
in a timely fashion. EPCRA release
notification supplements CERCLA
release notification by similarly
preparing the community at the state
and local level. Based on the criteria for
EPCRA section 304 release reporting,
and to promote consistency between
CERCLA and EPCRA release notification
requirements, the Agency has
incorporated many of CERCLA’s release
notification exemptions into the EPCRA
release notification regulations through
prior rulemakings. Each of these prior
regulatory actions are summarized
below.
1. Exemptions From the Definition of
‘‘Release’’ Under CERCLA and EPCRA
Both CERCLA and EPCRA define the
term ‘‘release.’’ Under CERCLA section
101(22), the term ‘‘release’’ generally
means ‘‘any spilling, leaking, pumping,
pouring, emitting, emptying,
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discharging, injecting, escaping,
leaching, dumping, or disposing into the
environment (including the
abandonment or discarding of barrels,
containers, and other closed receptacles
containing any hazardous substance or
pollutant or contaminant),’’ but also
includes specific exclusions for
workplace releases, vehicle emissions,
nuclear material releases and fertilizer
application. Similar to the CERCLA
workplace exposure exclusion, EPCRA
section 304(a)(4) exempts from reporting
any release which results in exposure to
persons solely within the site or sites on
which a facility is located. Though the
definition of ‘‘release’’ under EPCRA
section 329 mirrors the CERCLA
definition, it does not contain three
exclusions provided in the CERCLA
section 101(22) definition of ‘‘release’’:
(1) Emissions from the engine exhaust of
a motor vehicle, rolling stock, aircraft,
vessel or pipeline pumping station
engine; (2) releases of source, byproduct
or special nuclear material from a
nuclear incident; and (3) the normal
application of fertilizer. However,
because the types of releases excluded
from CERCLA’s definition of ‘‘release’’
do not occur in a manner that would be
reportable under CERCLA section
103(a), these types of releases do not
meet the reporting requirements under
EPCRA section 304. See 52 FR 13381,
13384–85 (April 22, 1987) and related
Response to Comments document, April
1987, Docket Number 300PQ. Thus,
EPA adopted these statutory CERCLA
exclusions into the EPCRA regulations
codified at 40 CFR 355.31.5
2. Exemptions From Immediate
Notification Requirements
There are four types of statutory
exemptions from the immediate
notification requirements for releases of
hazardous substances provided in
CERCLA sections 101(10) and 103(e)
and (f). Specifically, these statutory
exemptions include: (1) Federally
permitted releases, as defined in section
101(10); (2) releases from the
application of a pesticide product
registered under the Federal Insecticide,
Fungicide and Rodenticide Act or from
the handling and storage of such a
pesticide product by an agricultural
producer (section 103(e)); (3) certain
releases of hazardous wastes that are
required to be reported under the
provisions of the Resource Conservation
and Recovery Act and that are reported
to the NRC (section 103(f)(1)); and (4)
5 The 1987 rule codified these exemptions at 40
CFR 355.40(a)(2), which was later reorganized into
40 CFR 355.31. See 73 FR 65451 (November 3,
2008).
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certain releases that are determined to
be continuous under the provisions of
section 103(f)(2).
In the final rulemaking on April 22,
1987 (52 FR 13378) for emergency
planning and release notification
requirements under EPCRA, the Agency
adopted exemptions from CERCLA
section 103(a) reporting ‘‘based on the
language in EPCRA section 304(a)
which requires that releases reportable
under that Section occur in a manner
which would require notification under
section 103(a) of CERCLA.’’ 52 FR
13378, 13381 (April 22, 1987).
Although EPA stated in the April
1987 rulemaking that it was
incorporating CERCLA reporting
exemptions into the EPCRA regulations
based on the criteria for EPCRA section
304 release reporting, the Agency
inadvertently omitted the exclusion for
the ‘‘application of a pesticide product
registered under the Federal Insecticide,
Fungicide, and Rodenticide Act or to
the handling and storage of such a
pesticide product by an agricultural
producer’’ from the EPCRA section 304
regulations at that time. Thus, in a
technical amendment published on May
24, 1989 (54 FR 22543), EPA added a
provision to the EPCRA regulations in
40 CFR 355.40(a)(2)(iv) (currently
codified at 40 CFR 355.31(c)) providing
that releases exempted from CERCLA
section 103(a) reporting by CERCLA
section 103(e) are also exempt from
reporting under EPCRA section 304. In
addition, the May 1989 technical
amendment clarified the language in
paragraph (a)(2)(v) of 40 CFR 355.40
(currently codified at 40 CFR 355.31(d)),
explaining that this section exempts
from EPCRA section 304 reporting ‘‘any
occurrence not meeting the definition of
release under section 101(22) of
CERCLA,’’ as ‘‘[s]uch occurrences are
also exempt from reporting under
CERCLA section 103(a).’’ See 54 FR
22543, 22543 (May 24, 1989).
3. Continuous Release Reporting
CERCLA section 103(f) provides relief
from the immediate notification
requirements of CERCLA section 103(a)
for a release of a hazardous substance
that is continuous and stable in quantity
and rate. Instead, continuous releases
are subject to a significantly reduced
reporting requirement under regulations
promulgated pursuant to CERCLA
section 103(f). In adopting the
implementing regulations for EPCRA in
40 CFR part 355, EPA relied on EPCRA
section 304(a)(2) to likewise exclude
continuous releases from the immediate
notification requirement of EPCRA
section 304, reasoning: ‘‘Because such
releases do not ‘occur in a manner’
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which requires immediate release
reporting under section 103(a) of
CERCLA, they are also not reportable
under section 304 of [EPCRA].’’ See 52
FR 13381, 13384 (April 22, 1987). EPA
later promulgated continuous release
reporting regulations for EPCRA that
cross-reference and follow the CERCLA
continuous release reporting
regulations, finding that EPCRA release
reporting is ‘‘closely tied’’ and
‘‘parallel’’ to CERCLA release reporting.
See 55 FR 30169, 30179 (July 24, 1990).
At that time, the Agency also reiterated
that ‘‘[t]o the extent that releases are
continuous and stable in quantity and
rate as defined by CERCLA section
103(f)(2) . . . , they do not occur in a
manner that requires notification under
CERCLA section 103(a)’’ and are thus
not subject to the EPCRA section 304
immediate notification requirements. Id.
(emphasis added).
IV. Scope of Proposed Rule
The scope of this proposed
rulemaking is limited to air emissions
from animal waste (including
decomposing animal waste) at a farm.
The Agency proposes to add this
reporting exemption to the EPCRA
section 304 emergency release
notification regulations as implemented
in 40 CFR part 355, subpart C, entitled
‘‘Emergency Release Notification.’’ The
scope of the proposed rulemaking stems
from existing requirements under
EPCRA section 304(a)(2) and under
CERCLA section 103(e), as amended,
and is tied to the nature or manner of
these releases rather than to a specific
substance. In other words, the Agency is
not proposing to exempt substances
typically associated with animal waste
(such as ammonia or hydrogen sulfide)
from reporting. Rather, this proposal
codifies EPA’s interpretation that air
emissions from animal waste at farms
are not subject to EPCRA section 304
release reporting by explicitly
exempting releases from animal waste
into the air at farms from reporting.
Thus, the Agency is proposing to
exclude all releases to the air from
animal waste at a farm from reporting
under EPCRA section 304.
The proposed rulemaking does not
apply to releases of substances from
animal waste into non-air
environmental media, nor to releases
into the air from sources other than
animal waste or decomposing animal
waste at a farm. For example, a release
from animal waste into water (e.g., a
lagoon breach) or a release from an
anhydrous ammonia storage tank into
the air might trigger reporting
requirements if the release exceeds the
applicable reportable quantities.
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56795
This proposed exemption would be
added to those currently listed in the
EPCRA regulations codified at 40 CFR
355.31, entitled ‘‘What types of releases
are exempt from the emergency release
notification requirements of this
subpart?’’ To delineate the scope of this
proposed exemption, EPA is also
proposing to amend the definition
section of the EPCRA regulations at 40
CFR 355.61 to add definitions of
‘‘animal waste’’ and ‘‘farm’’ that are
consistent with CERCLA section 103(e).
By proposing to add a reporting
exemption for air releases from animal
waste at farms to the EPCRA emergency
release notification regulations, EPA is
not reopening or proposing revisions to
the existing reporting exemptions
codified in 40 CFR 355.31, nor will EPA
consider or respond to comments
related to the existing reporting
exemptions. Comments received on the
existing reporting exemptions will be
outside the scope of this proposed
action.
V. Relationship of Waterkeeper
Alliance v. EPA to This Proposed Rule
In 2008, EPA issued an administrative
reporting exemption for air releases
from animal waste at farms (73 FR
76948, December 18, 2008). Specifically,
the rule exempted all farms from
CERCLA’s reporting requirements for air
releases of any hazardous substance
from animal waste. Under EPCRA, the
2008 rule exempted reporting of such
releases if the farm had fewer animals
than a large concentrated animal feeding
operation, as defined by the Clean Water
Act. The 2008 administrative reporting
exemption was ultimately vacated by
the U.S. Court of Appeals for the District
of Columbia Circuit in Waterkeeper
Alliance v. EPA, 853 F.3d 527 (D.C. Cir.
2017). In vacating the rule, the court
found that the Agency could not rely on
general rulemaking authority or a de
minimis exception to issue an
administrative reporting exemption for
this category of releases, particularly
where the Agency had failed to identify
any statutory ambiguity as the basis for
its interpretation of the reporting
requirements.
This proposal to amend the EPCRA
section 304 release notification
regulations to exempt air emissions
from animal waste at farms is not
constrained by the D.C. Circuit’s
decision in Waterkeeper. In contrast to
the 2008 rule, this proposed rulemaking
is not an administrative reporting
exemption stemming from EPA’s
general rulemaking authority. This
proposal is instead rooted in EPCRA
section 304 and its relationship with
CERCLA section 103 and as informed by
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EPCRA section 304’s statutory text,
framework and legislative history.
VI. Proposed Revisions to 40 CFR Part
355
A. Exemption for Air Emissions From
Animal Waste at Farms
For the reasons stated throughout this
preamble, EPA is proposing to amend
the EPCRA section 304 release
notification regulations to exempt air
emissions from animal waste (including
decomposing animal waste) at a farm
from reporting. Currently, the
regulations at 40 CFR 355.31 list the
releases that are exempt from reporting
under EPCRA section 304, including the
exemptions adopted from CERCLA
through prior rulemakings. The Agency
is proposing to amend 40 CFR 355.31 by
adding a reporting exemption for air
emissions from animal waste at farms.
EPA seeks comment on this proposed
revision.
B. Definitions
EPA is proposing to add the
definitions of ‘‘animal waste’’ and
‘‘farm’’ applicable to CERCLA section
103(e) to the definition section of the
EPCRA regulations codified at 40 CFR
355.61. EPA requests comment on
adding these definitions to 40 CFR
355.61.
VII. Statutory and Executive Orders
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is a significant regulatory
action that was submitted to the Office
of Management and Budget (OMB) for
review. Any changes made in response
to OMB recommendations have been
documented in the docket.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because the
proposed rule would not result in
additional costs.
C. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. The Agency is proposing to codify
a provision exempting farms from
reporting air releases from animal waste
under EPCRA section 304 release
notification regulations.
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D. Regulatory Flexibility Act (RFA)
I certify that this action would not
have a significant economic impact on
a substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. An agency may
certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, has
no net burden or otherwise has a
positive economic effect on the small
entities subject to the rule. Consistent
with the Agency’s interpretation that air
emissions from animal waste at farms
are not subject to EPCRA section 304
release reporting, the proposed rule
explicitly exempts these types of
releases from EPCRA reporting and
would not result in additional costs.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
The Agency is proposing to amend the
EPCRA section 304 release notification
regulations to add the reporting
exemption for air emissions from animal
waste at farms provided in CERCLA
section 103(e), as amended.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It would not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. The EPA is proposing to
amend the EPCRA section 304 release
notification regulations to add the
reporting exemption for air emissions
from animal waste at farms provided in
CERCLA section 103(e), as amended.
Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying to those regulatory
actions that concern environmental
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Fmt 4702
Sfmt 4702
health or safety risks that the EPA has
reason to believe may
disproportionately affect children, per
the definition of covered regulatory
action in section 2–202 of the Executive
Order. This action is not subject to
Executive Order 13045 because it does
not pose an environmental health risk or
safety risk. This proposed rule is
intended to maintain consistency
between EPCRA section 304 and
CERCLA section 103(a) emergency
release notification requirements by
exempting reporting of air emissions
from animal waste at farms.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not a ‘‘significant
energy action’’ because it is not likely to
have a significant adverse effect on the
supply, distribution or use of energy.
The EPA is proposing to amend the
EPCRA section 304 release notification
regulations to add the reporting
exemption for air emissions from animal
waste at farms provided in CERCLA
section 103(e), as amended.
J. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. This proposed
rule is intended to maintain consistency
between EPCRA section 304 and
CERCLA section 103(a) emergency
release notification requirements by
exempting reporting of air emissions
from animal waste at farms under
EPCRA.
List of Subjects in 40 CFR Part 355
Environmental protection, Chemicals,
Disaster assistance, Hazardous
substances, Hazardous waste, Natural
resources, Penalties, Reporting and
recordkeeping requirements, Superfund.
Dated: October 30, 2018.
Andrew R. Wheeler,
Acting Administrator
For the reasons set forth in the
preamble, EPA proposes to amend 40
CFR part 355 as follows:
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules
PART 355—EMERGENCY PLANNING
AND NOTIFICATION
1. The authority citation for part 355
continues to read as follows:
■
Authority: Sections 302, 303, 304, 325,
327, 328, and 329 of the Emergency Planning
and Community Right-to-Know Act of 1986
(EPCRA) (42 U.S.C. 11002, 11003, 11004,
11045, 11047, 11048, and 11049).
2. Amend § 355.31 by adding
paragraph (g) to read as follows:
■
§ 355.31 What types of releases are
exempt from the emergency release
notification requirements of this subpart?
*
*
*
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*
*
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(g) Air emissions from animal waste
(including decomposing animal waste)
at a farm.
■ 3. Amend § 355.61 by adding in
alphabetical order the definitions
‘‘Animal waste’’ and ‘‘Farm’’ to read as
follows:
§ 355.61 How are key words in this part
defined?
Animal waste means feces, urine, or
other excrement, digestive emission,
urea, or similar substances emitted by
animals (including any form of
livestock, poultry, or fish). This term
includes animal waste that is mixed or
commingled with bedding, compost,
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56797
feed, soil, or any other material typically
found with such waste.
*
*
*
*
*
Farm means a site or area (including
associated structures) that—
(1) Is used for—
(i) The production of a crop; or
(ii) The raising or selling of animals
(including any form of livestock,
poultry, or fish); and
(2) Under normal conditions,
produces during a farm year any
agricultural products with a total value
equal to not less than $1,000.
*
*
*
*
*
[FR Doc. 2018–24821 Filed 11–13–18; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56791-56797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24821]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 355
[EPA-HQ-OLEM-2018-0318; FRL-9986-40-OLEM]
RIN 2050-AH00
Emergency Release Notification Regulations on Reporting Exemption
for Air Emissions From Animal Waste at Farms; Emergency Planning and
Community Right-to-Know Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to amend the release notification regulations under the
Emergency Planning and Community Right-to-Know Act (EPCRA) to add the
reporting exemption for air emissions from animal waste at farms
provided in section 103(e) of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA). In addition, EPA is proposing
to add definitions of ``animal waste'' and ``farm'' to the EPCRA
regulations to delineate the scope of this reporting exemption. This
proposed rulemaking maintains consistency between the emergency release
notification requirements of EPCRA and CERCLA in accordance with the
statutory text, framework and legislative history of EPCRA, and is
consistent with the Agency's prior regulatory actions.
DATES: Comments must be received on or before December 14, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2018-0318, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sicy Jacob, United States
Environmental Protection Agency, Office of Land and Emergency
Management, 1200 Pennsylvania Ave. NW (Mail Code 5104A), Washington, DC
20460; telephone number: (202) 564-8019; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
A list of entities that could be affected by this final rule
include, but are not necessarily limited to:
------------------------------------------------------------------------
Type of entity Examples of affected entities
------------------------------------------------------------------------
Industry............................... NAICS code 111--Crop
production.
NAICS code 112--Animal
production.
States and/or Local Governments........ NAICS code 999200--State
Government, excluding schools
and hospitals.
NAICS code 999300--Local
Government, excluding schools
and hospitals.
State Emergency Response
Commissions, Tribal Emergency
Response Commissions, Tribal
Emergency Planning Committees
and Local Emergency Planning
Committees.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provide a
guide for readers regarding the types of entities that EPA is aware
could be involved in the activities affected by this action. However,
other types of entities not listed in this table could be affected by
this proposed rulemaking. To determine whether your entity is affected
by this action, you should carefully examine the applicability criteria
found in Sec. 355.30 of title 40 of the Code of Federal Regulations
(CFR). If you have questions regarding the applicability of this action
to a particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.
B. What action is the Agency taking?
The EPA is proposing to amend the EPCRA emergency release
notification regulations to include the reporting exemption for air
emissions from animal waste at farms provided in CERCLA section 103(e).
In addition, EPA is proposing to add definitions of ``animal waste''
and ``farm'' to the EPCRA regulations to delineate the scope of this
reporting exemption.
C. What is the Agency's authority for taking this action?
This proposed rulemaking is being issued under EPCRA, which was
enacted as Title III of the Superfund Amendments and Reauthorization
Act (SARA) of 1986 (Pub. L. 99-499). EPA proposes this rulemaking under
the
[[Page 56792]]
authority of EPCRA section 304 (42 U.S.C. 11004) and the Agency's
general rulemaking authority under EPCRA section 328 (42 U.S.C. 11048).
II. Background of the Proposed Rule
A. Overview
Section 103 of CERCLA requires the person in charge of a vessel or
facility to immediately notify the National Response Center (NRC) when
there is a release of a hazardous substance, as defined under CERCLA
section 101(14), in an amount equal to or greater than the reportable
quantity for that substance within a 24-hour period. In addition to
these CERCLA reporting requirements, EPCRA section 304 requires owners
or operators of certain facilities to immediately notify state and
local authorities when there is a release of an extremely hazardous
substance (EHS), as defined under EPCRA section 302, or of a CERCLA
hazardous substance in an amount equal to or greater than the
reportable quantity for that substance within a 24-hour period.
EPCRA and CERCLA are two separate but interrelated environmental
laws that work together to provide emergency release notifications to
Federal, state and local officials. Notice given to the NRC under
CERCLA serves to inform the Federal government of a release so that
Federal personnel can evaluate the need for a response in accordance
with the National Oil and Hazardous Substances Contingency Plan
(NCP),\1\ the Federal government's framework for responding to both oil
discharges and hazardous substance releases. Relatedly, notice under
EPCRA is given to the State Emergency Response Commission (SERC) for
any state likely to be affected by the release and to the community
emergency coordinator for the Local Emergency Planning Committee (LEPC)
for any area likely to be affected by the release so that state and
local authorities have information to help protect the community.
---------------------------------------------------------------------------
\1\ 40 CFR part 300.
---------------------------------------------------------------------------
Release reporting under EPCRA depends, in part, on whether
reporting is required under CERCLA.\2\ Specifically, EPCRA section
304(a) provides for reporting under the following three release
scenarios:
---------------------------------------------------------------------------
\2\ In this document, emergency release notification and release
reporting are used interchangeably.
---------------------------------------------------------------------------
EPCRA section 304(a)(1) requires notification if a release
of an EPCRA EHS occurs from a facility at which a hazardous chemical is
produced, used or stored, and such release requires a notification
under CERCLA section 103(a).
EPCRA section 304(a)(2) requires notification if a release
of an EPCRA EHS occurs from a facility at which a hazardous chemical is
produced, used or stored, and such release is not subject to the
notification requirements under CERCLA section 103(a), but only if the
release:
[cir] Is not a federally permitted release as defined in CERCLA
section 101(10),
[cir] Is in an amount in excess of the reportable quantity as
determined by EPA, and
[cir] Occurs in a manner that would require notification under
CERCLA section 103(a).
EPCRA section 304(a)(3) requires notification if a release
of a substance not designated as an EPCRA EHS occurs from a facility at
which a hazardous chemical is produced, used or stored, and such
release requires a notification under CERCLA section 103(a).
B. Fair Agricultural Reporting Method Act and Legislative Amendments to
CERCLA
On March 23, 2018, the President signed into law the Consolidated
Appropriations Act, 2018 (``Omnibus Bill''). Title XI of the Omnibus
Bill is entitled the ``Fair Agricultural Reporting Method Act'' or the
``FARM Act.'' See Fair Agricultural Reporting Method Act, Public Law
115-141, sections 1101-1103 (2018). The FARM Act expressly exempts
reporting of air emissions from animal waste (including decomposing
animal waste) at a farm from CERCLA section 103. The FARM Act also
provides definitions for the terms ``animal waste'' and ``farm.'' On
August 1, 2018, the Agency published a final rule to amend the CERCLA
regulations at 40 CFR part 302 by adding the reporting exemption for
air emissions from animal waste at farms and adding definitions of
``animal waste'' and ``farm'' from the FARM Act.
C. Proposed Revisions to EPCRA Section 304 Release Notification
Regulations
Based on the criteria for EPCRA section 304 release reporting, EPA
is proposing to amend the EPCRA release notification regulations in 40
CFR 355.31 to include the reporting exemption for air emissions from
animal waste at farms. EPA is also proposing to add definitions of
``animal waste'' and ``farm'' to the definition section of the EPCRA
regulations in 40 CFR 355.61 to delineate the scope of this reporting
exemption. EPA believes these proposed changes appropriately reflect
the relationship between CERCLA and EPCRA release reporting
requirements and are consistent with the statutory text, framework and
legislative history of EPCRA, as well as the Agency's prior regulatory
actions.
III. Legal Rationale for the Proposed Rule
This proposed rulemaking maintains consistency between the
emergency release notification requirements of EPCRA and CERCLA in
accordance with the statutory text, framework and legislative history
of EPCRA, and is consistent with the Agency's prior regulatory actions.
Specifically, this proposed rulemaking is based on the relationship of
the EPCRA section 304 reporting requirements to the CERCLA section 103
reporting requirements, as recently amended. As previously noted, EPCRA
section 304 reporting depends, in part, on whether reporting is
required under CERCLA section 103. EPCRA's legislative history further
indicates that the EPCRA section 304 reporting requirements are
designed to be consistent with the reporting requirements of CERCLA
section 103. EPA has thus revised the EPCRA emergency release
notification regulations from time to time, as appropriate, to maintain
consistency with the CERCLA reporting requirements.
Consistent with the Agency's interpretation of EPCRA section 304
and the Agency's prior regulatory actions, EPA now proposes to amend
the EPCRA release notification regulations to explicitly exempt air
emissions from animal waste at farms from reporting under EPCRA section
304.
A. Statutory Text and Framework
EPCRA section 304 provides for release reporting under three
scenarios, each of which depends in some way on whether the release
requires notice under CERCLA. If a release requires notice under CERCLA
section 103(a), the release may be subject to reporting under EPCRA if
the release meets the requirements of EPCRA section 304(a)(1) or
304(a)(3). If a release is not subject to notification under CERCLA
section 103(a), the release may nonetheless be subject to reporting
under EPCRA if the release meets the requirements of EPCRA section
304(a)(2). Because the FARM Act exempted air emissions from animal
waste at farms from CERCLA reporting, these types of releases no longer
require notice under CERCLA section 103(a) and thus do not fall within
the EPCRA section 304(a)(1) or (a)(3) reporting scenarios. Instead,
these releases fall within the EPCRA section 304(a)(2) reporting
scenario. Pursuant to EPCRA section 304(a)(2), a release of an EPCRA
EHS that is not subject to notification
[[Page 56793]]
under section 103(a) of CERCLA need only be reported under EPCRA if the
release:
Is not a federally permitted release as defined in section
101(10) of CERCLA,
Is in an amount in excess of the reportable quantity as
determined by EPA, and
Occurs in a manner that would require notification under
section 103(a) of CERCLA.
A release that is not subject to CERCLA section 103(a) reporting
must meet all three criteria in EPCRA section 304(a)(2) to be subject
to EPCRA reporting. Here, air emissions from animal waste at farms
could meet the first two criteria because such releases are generally
not federally permitted and may exceed the applicable reportable
quantity. Yet these types of releases do not ``occur[] in a manner''
that would require notification under CERCLA section 103(a) and thus do
not meet the third criterion of EPCRA section 304(a)(2). Because air
emissions from animal waste at farms do not meet all three criteria
under EPCRA section 304(a)(2), and do not fall within the EPCRA section
304(a)(1) or (a)(3) reporting scenarios, these types of releases are
not subject to EPCRA reporting. As such, EPA is proposing to amend
EPCRA's emergency release notification regulations to clarify reporting
exemptions for certain types of releases under EPCRA section 304.
Air emissions from animal waste at farms no longer ``occur[] in a
manner'' that would require notification under CERCLA section 103(a)
because the recent amendment exempted these types of releases from
CERCLA reporting. Importantly, the CERCLA reporting exemption is
specifically tied to the nature or manner of these releases rather than
to a specific substance. For example, the recent amendment does not
exempt specific substances typically associated with animal waste (such
as ammonia and hydrogen sulfide) from reporting; rather, it exempts
from reporting releases of any substance from animal waste at a farm
into the air. Because air emissions from animal waste do not ``occur[]
in a manner'' that would require notification under CERCLA section
103(a), these types of releases do not meet the third criterion of
EPCRA section 304(a)(2) and are thus not subject to EPCRA reporting.
EPCRA section 304(a)(2) promotes consistency between the reporting
requirements of EPCRA and CERCLA by ensuring that only releases that
``occur[ ] in a manner'' that would require CERCLA notification be
reported under EPCRA. Yet, the provision also contemplates scenarios
where releases not subject to reporting under CERCLA may still need to
be reported under EPCRA, such as releases of substances designated as
EHSs under EPCRA but not as hazardous substances under CERCLA. For
example, trimethylchlorosilane (Chemical Abstract Service No. 75-77-4)
is designated as an EPCRA EHS but not as a CERCLA hazardous substance.
Since trimethylchlorosilane is not a CERCLA hazardous substance, its
releases are not subject to notification under CERCLA section 103(a)
and need only be reported under EPCRA if such releases meet the
criteria of EPCRA section 304(a)(2). A trimethylchlorosilane release
that (1) is not a federally permitted release as defined in CERCLA
section 101(10); (2) exceeds the applicable reportable quantity; and
(3) ``occurs in a manner'' that would require notification under CERCLA
section 103(a) would still be subject to EPCRA reporting. In this
example, a release of trimethylchlorosilane ``occurs in a manner'' that
would require notification under CERCLA section 103(a) where, for
example, the release is ``into the environment'' as defined in CERCLA
section 101(22), and is not one of the excluded or exempted types of
releases described in CERCLA sections 101(22), 103(e), or 103(f). (See
section C of this preamble, for further explanation of these
exemptions.) Therefore, the release of trimethylchlorosilane would be
similar to other releases that require notification under CERCLA
section 103(a).\3\
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\3\ See, e.g., 48 FR 23552, 23555 (May 25, 1983) (describing the
nature of releases subject to CERCLA notification requirements); 52
FR 13378, 13383 (April 22, 1987) (explaining that the method used to
determine whether a release meets or exceeds the applicable RQ under
CERCLA ``should be equally applicable to releases under [EPCRA]
section 304 due to similarity to section 103 of CERCLA'').
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As another example, petroleum (including crude oil or any fraction
thereof) is expressly excluded from the definition of ``hazardous
substance'' in CERCLA section 101(14). Because of this ``petroleum
exclusion,'' releases of petroleum are not subject to notification
under CERCLA section 103(a) and so need to be reported under EPCRA only
if such releases meet the criteria of EPCRA section 304(a)(2). Where a
petroleum release meets the first two criteria of EPCRA section
304(a)(2), the question becomes whether the release ``occurs in a
manner'' that would require notification under CERCLA section 103(a).
Notably, unlike air emissions from animal waste at farms, Congress did
not exempt petroleum releases from CERCLA reporting based on the manner
or nature of these releases. Instead, Congress exempted these types of
releases from CERCLA reporting by excluding petroleum (including crude
oil or any fraction thereof) from the definition of ``hazardous
substance.'' See 42 U.S.C. 9601(14). As such, these types of releases
still ``occur[ ] in a manner'' that would require notification under
CERCLA section 103(a) and could thus be subject to reporting under
EPCRA section 304(a)(2) where the petroleum release contains an EHS.
See 52 FR 13378, 13385 (April 22, 1987). In sum, where a CERCLA
reporting exemption or the reason a release is not subject to CERCLA
reporting is unrelated to the manner in which such releases occur,
EPCRA section 304(a)(2) may compel reporting of such releases.
In addition to the statutory text of EPCRA section 304(a)(2), the
statutory framework of EPCRA's reporting requirements indicates a
desire to maintain consistency between the EPCRA and CERCLA reporting
requirements. Indeed, ``[i]n drafting the EPCRA reporting requirements,
Congress expressly tied them to CERCLA's'' such that ``all of EPCRA's
reporting mandates are piggybacked on the CERCLA mandates in one form
or another.'' Waterkeeper Alliance v. EPA, 853 F.3d 527, 532 (D.C. Cir.
2017). Under EPCRA sections 304(a)(1) and (a)(3), EPCRA reporting
depends on whether a release requires notification under CERCLA section
103(a), and under EPCRA section 304(a)(2), EPCRA reporting depends on
whether a release ``occurs in a manner'' that would require
notification under CERCLA section 103(a). Therefore, EPCRA requires
reporting only for releases that require notification under CERCLA or
occur in a manner that would require notification under CERCLA. Under
CERCLA section 103 as amended, air emissions from animal waste at farms
do not require notification under CERCLA section 103(a) and do not
occur in a manner that would require such notification. As a result,
these types of releases are not subject to reporting under EPCRA
section 304(a)(1), (a)(2) or (a)(3). Thus, to clarify that these types
of releases are not subject to reporting under EPCRA section 304, EPA
is proposing to amend the EPCRA release notification regulations to
exempt air emissions from animal waste at farms from reporting under
section 304. In doing so, EPA seeks to avoid inconsistent regulation of
these types of releases under EPCRA and CERCLA, in
[[Page 56794]]
furtherance of the underlying purpose of this statutory framework.
B. Legislative History
EPA's understanding of EPCRA section 304(a)(2) is informed by the
legislative history of EPCRA itself. In 1986, Congress passed EPCRA
pursuant to Title III of the Superfund Amendments and Reauthorization
Act (SARA). In the committee conference report addressing EPCRA,
Congress discussed the three scenarios requiring release reporting
under EPCRA section 304. With respect to EPCRA section 304(a)(2), the
report states: ``This requires notification where there is a release of
an extremely hazardous substance that would require notice under
section 103(a) of CERCLA but for the fact that the substance is not
specifically listed under CERCLA as requiring such notice.'' See 99
Cong. Conf. Report H. Rep. 962, October 3, 1986; SARA Leg. Hist. 38
(Section 304 Emergency Notification).
Congress thus expressed its intent that state and local authorities
be notified of a qualifying release under EPCRA, even if the substance
released is not identified as a hazardous substance under CERCLA, when
the release occurs in a manner as the types of releases that require
notification under CERCLA section 103(a). Conversely, if the release
occurs in a manner that Congress determines does not require
notification under CERCLA section 103(a)--such as air emissions from
animal waste at farms--then no reporting is required under EPCRA
section 304(a)(2) (i.e., the third criterion of EPCRA section 304(a)(2)
has not been met).
The legislative history also reveals that Congress intended EPCRA
section 304(a)(2) to operate to exclude continuous releases from
EPCRA's immediate notification requirements because such releases do
not occur in a manner that requires reporting under CERCLA section
103(a).\4\ The committee conference report explains: ``[R]eleases which
are continuous or frequently recurring and do not require reporting
under CERCLA are not required to be reported under [EPCRA section
304].'' Rather, continuous releases are subject to reduced reporting
requirements pursuant to CERCLA section 103(f). As explained in section
C.3. of this preamble, EPA incorporated an alternative for continuous
releases into EPCRA and promulgated regulations that allow continuous
releases to be reported in a manner consistent with CERCLA's continuous
release reporting requirements.
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\4\ CERCLA section 103(a) requires the person in charge of a
vessel or facility to ``immediately notify'' the NRC when there is a
release of a hazardous substance in an amount equal to or greater
than the reportable quantity for that substance within a 24-hour
period. In contrast, releases that are continuous and stable in
quantity and rate may qualify for reduced, ``continuous release''
reporting under CERCLA section 103(f)(2). Similarly, EPCRA section
304 requires owners or operators of certain facilities to
``immediately'' notify state and local authorities of qualifying
releases, and EPA has promulgated regulations that allow continuous
releases to be reported under EPCRA in a manner consistent with
CERCLA's continuous release reporting requirements.
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Congress's intent in adopting the three scenarios in EPCRA section
304(a)(1)-(3) was to ensure that when Federal authorities receive
notice of a release under CERCLA section 103(a), state and local
authorities receive similar notice under EPCRA. Note that CERCLA
notification applies to the list of hazardous substances (located in 40
CFR 302.4), while EPCRA notification applies to the lists of both
CERCLA hazardous substances and EPCRA EHSs (located in 40 CFR part 355
Apps. A and B). When a substance is not a listed CERCLA hazardous
substance, but is on the EPCRA EHSs list, EPCRA section 304(a)(2)
provides for notification only if the release of such substance occurs
in a manner as the types of releases that require notification under
CERCLA section 103(a). On the other hand, if Congress determines that a
release occurs in a manner that does not require notification under
CERCLA section 103(a), EPCRA section 304(a)(2) works to logically
exclude that release from EPCRA reporting.
C. Prior Regulatory Actions
As noted, CERCLA release notification was established to alert
Federal authorities to a release so that the need for a response can be
evaluated and any necessary response undertaken in a timely fashion.
EPCRA release notification supplements CERCLA release notification by
similarly preparing the community at the state and local level. Based
on the criteria for EPCRA section 304 release reporting, and to promote
consistency between CERCLA and EPCRA release notification requirements,
the Agency has incorporated many of CERCLA's release notification
exemptions into the EPCRA release notification regulations through
prior rulemakings. Each of these prior regulatory actions are
summarized below.
1. Exemptions From the Definition of ``Release'' Under CERCLA and EPCRA
Both CERCLA and EPCRA define the term ``release.'' Under CERCLA
section 101(22), the term ``release'' generally means ``any spilling,
leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping, or disposing into the environment
(including the abandonment or discarding of barrels, containers, and
other closed receptacles containing any hazardous substance or
pollutant or contaminant),'' but also includes specific exclusions for
workplace releases, vehicle emissions, nuclear material releases and
fertilizer application. Similar to the CERCLA workplace exposure
exclusion, EPCRA section 304(a)(4) exempts from reporting any release
which results in exposure to persons solely within the site or sites on
which a facility is located. Though the definition of ``release'' under
EPCRA section 329 mirrors the CERCLA definition, it does not contain
three exclusions provided in the CERCLA section 101(22) definition of
``release'': (1) Emissions from the engine exhaust of a motor vehicle,
rolling stock, aircraft, vessel or pipeline pumping station engine; (2)
releases of source, byproduct or special nuclear material from a
nuclear incident; and (3) the normal application of fertilizer.
However, because the types of releases excluded from CERCLA's
definition of ``release'' do not occur in a manner that would be
reportable under CERCLA section 103(a), these types of releases do not
meet the reporting requirements under EPCRA section 304. See 52 FR
13381, 13384-85 (April 22, 1987) and related Response to Comments
document, April 1987, Docket Number 300PQ. Thus, EPA adopted these
statutory CERCLA exclusions into the EPCRA regulations codified at 40
CFR 355.31.\5\
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\5\ The 1987 rule codified these exemptions at 40 CFR
355.40(a)(2), which was later reorganized into 40 CFR 355.31. See 73
FR 65451 (November 3, 2008).
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2. Exemptions From Immediate Notification Requirements
There are four types of statutory exemptions from the immediate
notification requirements for releases of hazardous substances provided
in CERCLA sections 101(10) and 103(e) and (f). Specifically, these
statutory exemptions include: (1) Federally permitted releases, as
defined in section 101(10); (2) releases from the application of a
pesticide product registered under the Federal Insecticide, Fungicide
and Rodenticide Act or from the handling and storage of such a
pesticide product by an agricultural producer (section 103(e)); (3)
certain releases of hazardous wastes that are required to be reported
under the provisions of the Resource Conservation and Recovery Act and
that are reported to the NRC (section 103(f)(1)); and (4)
[[Page 56795]]
certain releases that are determined to be continuous under the
provisions of section 103(f)(2).
In the final rulemaking on April 22, 1987 (52 FR 13378) for
emergency planning and release notification requirements under EPCRA,
the Agency adopted exemptions from CERCLA section 103(a) reporting
``based on the language in EPCRA section 304(a) which requires that
releases reportable under that Section occur in a manner which would
require notification under section 103(a) of CERCLA.'' 52 FR 13378,
13381 (April 22, 1987).
Although EPA stated in the April 1987 rulemaking that it was
incorporating CERCLA reporting exemptions into the EPCRA regulations
based on the criteria for EPCRA section 304 release reporting, the
Agency inadvertently omitted the exclusion for the ``application of a
pesticide product registered under the Federal Insecticide, Fungicide,
and Rodenticide Act or to the handling and storage of such a pesticide
product by an agricultural producer'' from the EPCRA section 304
regulations at that time. Thus, in a technical amendment published on
May 24, 1989 (54 FR 22543), EPA added a provision to the EPCRA
regulations in 40 CFR 355.40(a)(2)(iv) (currently codified at 40 CFR
355.31(c)) providing that releases exempted from CERCLA section 103(a)
reporting by CERCLA section 103(e) are also exempt from reporting under
EPCRA section 304. In addition, the May 1989 technical amendment
clarified the language in paragraph (a)(2)(v) of 40 CFR 355.40
(currently codified at 40 CFR 355.31(d)), explaining that this section
exempts from EPCRA section 304 reporting ``any occurrence not meeting
the definition of release under section 101(22) of CERCLA,'' as
``[s]uch occurrences are also exempt from reporting under CERCLA
section 103(a).'' See 54 FR 22543, 22543 (May 24, 1989).
3. Continuous Release Reporting
CERCLA section 103(f) provides relief from the immediate
notification requirements of CERCLA section 103(a) for a release of a
hazardous substance that is continuous and stable in quantity and rate.
Instead, continuous releases are subject to a significantly reduced
reporting requirement under regulations promulgated pursuant to CERCLA
section 103(f). In adopting the implementing regulations for EPCRA in
40 CFR part 355, EPA relied on EPCRA section 304(a)(2) to likewise
exclude continuous releases from the immediate notification requirement
of EPCRA section 304, reasoning: ``Because such releases do not `occur
in a manner' which requires immediate release reporting under section
103(a) of CERCLA, they are also not reportable under section 304 of
[EPCRA].'' See 52 FR 13381, 13384 (April 22, 1987). EPA later
promulgated continuous release reporting regulations for EPCRA that
cross-reference and follow the CERCLA continuous release reporting
regulations, finding that EPCRA release reporting is ``closely tied''
and ``parallel'' to CERCLA release reporting. See 55 FR 30169, 30179
(July 24, 1990). At that time, the Agency also reiterated that ``[t]o
the extent that releases are continuous and stable in quantity and rate
as defined by CERCLA section 103(f)(2) . . . , they do not occur in a
manner that requires notification under CERCLA section 103(a)'' and are
thus not subject to the EPCRA section 304 immediate notification
requirements. Id. (emphasis added).
IV. Scope of Proposed Rule
The scope of this proposed rulemaking is limited to air emissions
from animal waste (including decomposing animal waste) at a farm. The
Agency proposes to add this reporting exemption to the EPCRA section
304 emergency release notification regulations as implemented in 40 CFR
part 355, subpart C, entitled ``Emergency Release Notification.'' The
scope of the proposed rulemaking stems from existing requirements under
EPCRA section 304(a)(2) and under CERCLA section 103(e), as amended,
and is tied to the nature or manner of these releases rather than to a
specific substance. In other words, the Agency is not proposing to
exempt substances typically associated with animal waste (such as
ammonia or hydrogen sulfide) from reporting. Rather, this proposal
codifies EPA's interpretation that air emissions from animal waste at
farms are not subject to EPCRA section 304 release reporting by
explicitly exempting releases from animal waste into the air at farms
from reporting. Thus, the Agency is proposing to exclude all releases
to the air from animal waste at a farm from reporting under EPCRA
section 304.
The proposed rulemaking does not apply to releases of substances
from animal waste into non-air environmental media, nor to releases
into the air from sources other than animal waste or decomposing animal
waste at a farm. For example, a release from animal waste into water
(e.g., a lagoon breach) or a release from an anhydrous ammonia storage
tank into the air might trigger reporting requirements if the release
exceeds the applicable reportable quantities.
This proposed exemption would be added to those currently listed in
the EPCRA regulations codified at 40 CFR 355.31, entitled ``What types
of releases are exempt from the emergency release notification
requirements of this subpart?'' To delineate the scope of this proposed
exemption, EPA is also proposing to amend the definition section of the
EPCRA regulations at 40 CFR 355.61 to add definitions of ``animal
waste'' and ``farm'' that are consistent with CERCLA section 103(e). By
proposing to add a reporting exemption for air releases from animal
waste at farms to the EPCRA emergency release notification regulations,
EPA is not reopening or proposing revisions to the existing reporting
exemptions codified in 40 CFR 355.31, nor will EPA consider or respond
to comments related to the existing reporting exemptions. Comments
received on the existing reporting exemptions will be outside the scope
of this proposed action.
V. Relationship of Waterkeeper Alliance v. EPA to This Proposed Rule
In 2008, EPA issued an administrative reporting exemption for air
releases from animal waste at farms (73 FR 76948, December 18, 2008).
Specifically, the rule exempted all farms from CERCLA's reporting
requirements for air releases of any hazardous substance from animal
waste. Under EPCRA, the 2008 rule exempted reporting of such releases
if the farm had fewer animals than a large concentrated animal feeding
operation, as defined by the Clean Water Act. The 2008 administrative
reporting exemption was ultimately vacated by the U.S. Court of Appeals
for the District of Columbia Circuit in Waterkeeper Alliance v. EPA,
853 F.3d 527 (D.C. Cir. 2017). In vacating the rule, the court found
that the Agency could not rely on general rulemaking authority or a de
minimis exception to issue an administrative reporting exemption for
this category of releases, particularly where the Agency had failed to
identify any statutory ambiguity as the basis for its interpretation of
the reporting requirements.
This proposal to amend the EPCRA section 304 release notification
regulations to exempt air emissions from animal waste at farms is not
constrained by the D.C. Circuit's decision in Waterkeeper. In contrast
to the 2008 rule, this proposed rulemaking is not an administrative
reporting exemption stemming from EPA's general rulemaking authority.
This proposal is instead rooted in EPCRA section 304 and its
relationship with CERCLA section 103 and as informed by
[[Page 56796]]
EPCRA section 304's statutory text, framework and legislative history.
VI. Proposed Revisions to 40 CFR Part 355
A. Exemption for Air Emissions From Animal Waste at Farms
For the reasons stated throughout this preamble, EPA is proposing
to amend the EPCRA section 304 release notification regulations to
exempt air emissions from animal waste (including decomposing animal
waste) at a farm from reporting. Currently, the regulations at 40 CFR
355.31 list the releases that are exempt from reporting under EPCRA
section 304, including the exemptions adopted from CERCLA through prior
rulemakings. The Agency is proposing to amend 40 CFR 355.31 by adding a
reporting exemption for air emissions from animal waste at farms. EPA
seeks comment on this proposed revision.
B. Definitions
EPA is proposing to add the definitions of ``animal waste'' and
``farm'' applicable to CERCLA section 103(e) to the definition section
of the EPCRA regulations codified at 40 CFR 355.61. EPA requests
comment on adding these definitions to 40 CFR 355.61.
VII. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because the proposed rule would not result in additional costs.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. The Agency is proposing to codify a provision exempting
farms from reporting air releases from animal waste under EPCRA section
304 release notification regulations.
D. Regulatory Flexibility Act (RFA)
I certify that this action would not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. Consistent with the Agency's
interpretation that air emissions from animal waste at farms are not
subject to EPCRA section 304 release reporting, the proposed rule
explicitly exempts these types of releases from EPCRA reporting and
would not result in additional costs.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector. The Agency is
proposing to amend the EPCRA section 304 release notification
regulations to add the reporting exemption for air emissions from
animal waste at farms provided in CERCLA section 103(e), as amended.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It would not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. The EPA is proposing to amend the EPCRA section
304 release notification regulations to add the reporting exemption for
air emissions from animal waste at farms provided in CERCLA section
103(e), as amended. Thus, Executive Order 13175 does not apply to this
action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of covered regulatory action in section 2-
202 of the Executive Order. This action is not subject to Executive
Order 13045 because it does not pose an environmental health risk or
safety risk. This proposed rule is intended to maintain consistency
between EPCRA section 304 and CERCLA section 103(a) emergency release
notification requirements by exempting reporting of air emissions from
animal waste at farms.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. The EPA is proposing to amend the EPCRA
section 304 release notification regulations to add the reporting
exemption for air emissions from animal waste at farms provided in
CERCLA section 103(e), as amended.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This proposed rule is intended
to maintain consistency between EPCRA section 304 and CERCLA section
103(a) emergency release notification requirements by exempting
reporting of air emissions from animal waste at farms under EPCRA.
List of Subjects in 40 CFR Part 355
Environmental protection, Chemicals, Disaster assistance, Hazardous
substances, Hazardous waste, Natural resources, Penalties, Reporting
and recordkeeping requirements, Superfund.
Dated: October 30, 2018.
Andrew R. Wheeler,
Acting Administrator
For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 355 as follows:
[[Page 56797]]
PART 355--EMERGENCY PLANNING AND NOTIFICATION
0
1. The authority citation for part 355 continues to read as follows:
Authority: Sections 302, 303, 304, 325, 327, 328, and 329 of the
Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)
(42 U.S.C. 11002, 11003, 11004, 11045, 11047, 11048, and 11049).
0
2. Amend Sec. 355.31 by adding paragraph (g) to read as follows:
Sec. 355.31 What types of releases are exempt from the emergency
release notification requirements of this subpart?
* * * * *
(g) Air emissions from animal waste (including decomposing animal
waste) at a farm.
0
3. Amend Sec. 355.61 by adding in alphabetical order the definitions
``Animal waste'' and ``Farm'' to read as follows:
Sec. 355.61 How are key words in this part defined?
Animal waste means feces, urine, or other excrement, digestive
emission, urea, or similar substances emitted by animals (including any
form of livestock, poultry, or fish). This term includes animal waste
that is mixed or commingled with bedding, compost, feed, soil, or any
other material typically found with such waste.
* * * * *
Farm means a site or area (including associated structures) that--
(1) Is used for--
(i) The production of a crop; or
(ii) The raising or selling of animals (including any form of
livestock, poultry, or fish); and
(2) Under normal conditions, produces during a farm year any
agricultural products with a total value equal to not less than $1,000.
* * * * *
[FR Doc. 2018-24821 Filed 11-13-18; 8:45 am]
BILLING CODE 6560-50-P
