By Robert J. Reinertson
November 22, 2017
Last week, Attorney Russell Wilson of Ruder Ware issued a legal update about EPA’s deadline of November 15, 2017 for reporting excessive air emissions of hazardous substances from animal waste at farm operations. In that article Russ also reported on the possibility the deadline might be postponed.
That possibility has now become reality. EPA has announced that farmers with continuous releases of hazardous substances do not have to submit their initial continuous release notification to EPA until further notice. EPA also advised that farmers who have started the reporting process should stop until it issues further guidance. EPA is placing a hold on the reporting requirement until the U.S. Court of Appeals for the District of Columbia Circuit issues a final order implementing its April decision which held that EPA does not have the authority to create a reporting exemption for animal feeding operations.
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