EPA'S CAFO REPORTING WAIVER PLAN COULD LIMIT INDUSTRY LIABILITY

摘要

EPA's long-awaited plan exempting concentrated animal feeding operations (CAFOs) from reporting under Superfund law any ammonia and hydrogen sulfide (H2S) emissions from animal waste could help industry avoid future liability, which a federal appellate court held in 2004 could attach for the emissions releases. EPA Dec. 21 issued its long-awaited proposed rule exempting CAFOs from reporting the emissions under notification requirements contained in section 103 of the Superfund law and federal toxic right-to-know requirements, arguing that the just-issued proposed rule is justified because the releases are unlikely to require emergency responders to respond. Relevant documents are available on InsideEPA.com.