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| Here is a portion of the legislative update letter I received from MN Farm Bureau. I know that it will be different for each state and the EPA is still trying to figure things out also.
One of the last lines is from the National Milk Producers and they stated, “At this time, there is no good data on hydrogen sulfide emissions from dairy operations, but anecdotal reports are that if you have less than 20,000 dairy cows, then you probably don’t emit more than 100 lbs of hydrogen sulfide.”
Nathan
CERCLA – EPCRA Reporting
On December 22, the Environmental Protection Agency (EPA) published in final rule issued to exempt farms of all sizes from having to report releases of air emissions from animal waste on farms under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund). Under this rule, which went into effect on January 20, 2009, no farm would be required to notify the National Response Center, if the farm exceeded EPA reportable quantities of air emissions.
While all farms are exempt from federal CERCLA reporting under this rule, the rule did not exempt concentrated animal feeding operations (CAFOs) from reporting such emissions to local and state governments under the Emergency Planning and Community Right-to-Know-Act (EPCRA). Any farm not defined as a CAFO is exempt from reporting under EPCRA. The rule requires CAFOs to report ammonia and hydrogen sulfide emissions to state and local emergency response officials if the operation emits 100 lbs. or more of either substance during a 24-hour period.
EPA is adopting the emissions right-to-know reporting threshold from the regulatory threshold it uses for water permits. National Pollutant Discharge Elimination System rules define CAFOs by number of animals, based on animal type. For example, the rule sets the threshold of at 700 mature dairy cows, 1,000 head of cattle other than mature dairy cows or veal calves, 2,500 swine weighing 55 pounds or more, 10,000 swine weighing less than 55 pounds or 55,000 turkeys. For chickens and ducks, the threshold depends on the manure handling system.
There has been significant confusion reported about any new or previously existing reporting requirement under the rule. While the rule in principle does not establish a new reporting requirement, by establishing an exemption as of January 20 it effectively puts on notice certain operations that cannot avail themselves of the exemption (i.e, CAFOs) that they have an obligation to report. Thus, for any CAFO that has not signed up for the Air Compliance Agreement study, there is now an explicit legal obligation and such operations will need to make a good faith effort to comply with their reporting obligations.
CAFOs must first call their local state and local agencies. If you are a CAFO and potentially emit more than 100 lbs of ammonia or hydrogen sulfide per day, telephone notification should be made to the Minnesota Duty Officer as soon as possible. Per the Minnesota Pollution Control Agency (MPCA), call the Minnesota Duty Officer at 1-800-422-0798 or 651-649-5451.
Within 30 days of the call, a continuous release form needs to be submitted. Also, on the first anniversary of the initial written notification, CAFOs will need to reassess and confirm the accuracy of their reports in writing. Visit www.epa.gov for more information. Please be aware that these authorities are not used to receiving reports from farms so there may be confusion when calls are made by producers.
It is advised that producers consult this EPA guidance to ensure that they are making a good faith effort to comply with their legal obligations.
Given the change in administration and differing responses to the rule by different EPA Regions, there has been confusion as to the impact of the rule and how it will be enforced. Farm Bureau is in the process of gathering more information from EPA and comparing that information with other stakeholders.
How to figure out if you are emitting 100 pounds or more of ammonia or hydrogen sulfide.
The National Milk Producer Federation (NMPF) reports on their website, “At this time, there is no good data on hydrogen sulfide emissions from dairy operations, but anecdotal reports are that if you have less than 20,000 dairy cows, then you probably don’t emit more than 100 lbs of hydrogen sulfide.”
The University of Nebraska has created the University of Nebraska Ammonia Emissions Estimator as a tool to assist producers in determining their ammonia emissions. This estimator can be found at http://water.unl.edu/c/document_library/get_file?folderId=67759&nam...
More information can be found at: http://www.extension.org/pages/Large_Animal_Feeding_Operations_May_...
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EPA emissions reporting
