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CERCLA and EPCRA Reporting Requirements for Air Releases
of Hazardous Substances from Animal Waste at Farms

On March 23, 2018, the Consolidated Appropriations Act, 2018 (Omnibus Bill), was signed into law. Title XI of the Omnibus Bill, called the “Fair Agricultural Reporting Method Act” or “FARM Act” exempts the reporting of “air emissions from animal waste at a farm” under CERCLA to the NRC. When the D.C. Circuit Court of Appeals issues its mandate vacating the 2008 final rule (expected as soon as May 1, 2018), farms WILL REMAIN EXEMPT from the CERCLA reporting requirements as a result of the Omnibus Bill.

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