On June 13, 2019, EPA published a Final Rule adding an exemption to the release reporting requirements of EPCRA Section 304 (40 CFR Part 355) for substances from animal waste being emitted into the air (84 FR 27533). Does this exemption also apply to substances from animal waste that are released into other environmental media?
No. The scope of the exemption is limited to air emissions from animal waste (including decomposing animal waste) at a farm. This rulemaking does not apply to releases of substances from animal waste into non-air environmental media, nor to releases into the air from sources other than animal waste or decomposing animal waste at a farm. For example, a release from animal waste into water (e.g., a lagoon breach) or a release from an anhydrous ammonia storage tank into the air might trigger reporting requirements if the release exceeds the applicable thresholds.