WASHINGTON — The U.S. District Court for the District of Columbia recently issued an order that confirms the air emission reporting exemption for the natural breakdown of farm animal waste. The exemption was affirmed under EPCRA (the Emergency Planning and Community Right-to-Know Act) and issued in June 2019 by the U.S. Environmental Protection Agency.
The court added that the exemption is appropriate because of the connection of EPCRA and the CERCLA (the Comprehensive Emergency Response, Compensation and Liability Act).
This decision comes more than 20 years since the U.S. Poultry & Egg Association, the National Chicken Council and the National Turkey Federation sent a formal request to EPA regarding the emission reporting requirement of ammonia emissions under EPCRA and CERCLA. This request noted that the programs were not meant to cover naturally occurring releases into the air from animal waste breakdown.
USPOULTRY, the National Cattlemen’s Beef Association, the American Farm Bureau Federation and the National Pork Producers Council intervened after an environmental group coalition filed a motion that challenged the exemptions.
“We are pleased that the court has acknowledged EPA’s deliberate determination that the EPCRA reporting exemption is appropriate,” Nath Morris, USPOULTRY president said in an announcement. “This common-sense ruling settles an issue that has spanned more than 20 years and rightfully removes what would be nothing more than an unnecessary paperwork exercise for farmers and ranchers across the U.S.”
The National Cattlemen’s Beef Association also commented on the court’s ruling on what it describes as affirming protections “from onerous and unnecessary air emissions reporting requirements.”
“CERCLA and EPCRA were intended to address the worst industrial and toxic chemicals, not govern family farms and ranches,” Kaitlynn Glover, NCBA executive director of natural resources, said. “This decision affirms that family cattle producers should not have to file reports for a natural, biological process under a law meant for significant chemical contaminants.”
“NCBA stepped up to protect family farms and ranches through this litigation and we are pleased that the federal district court has brought clarity to this decades-long discussion,” Glover added.
The NCBA also noted that the laws were intended to “address massive, severe chemical spills and environmental contaminants. Unfortunately, these laws have been weaponized by animal rights activists seeking to target family farms and ranches.”
The National Pork Producers Council adds that this ruling is a “significant victory in its long-running efforts.”
“NPPC and other livestock groups have been fighting activists over this issue since January 2009 when the Bush administration required livestock farms to file reports to emergency authorities over the routine emissions from livestock farms,” the council said. “The debate over these emissions dates back far earlier — when activist groups such as the Waterkeeper Alliance made them a centerpiece of its campaign against the U.S. pork industry.”
Regarding this most recent court decision, the NPPC notes that the court agrees with it and the EPA, “that since Congress passed the Farm Act, no reporting was necessary, making this a huge win for U.S. pork producers.”
