EPCRA Reporting and Guidance

1
EPCRAReporting and Guidance

• Dick Nicolai
• SDSU Extension Specialist

2
Overview of Session

• Background Information
• Determining Reporting responsibility
• Estimating Ammonia Emissions
• Reporting Requirements

3
Background Reporting Requirements

• Comprehensive Environmental Response,
  Compensation, and Liability Act (CERCLA)
• Emergency Planning Community Right-to-Know Act
  (EPCRA)
• EPA oversees these laws
• Reports are made to other agencies
• Separate from Clean Air Act

4
Background - CERCLA

• Enacted in Federal law in 1980
• Known as SUPERFUND
• Primary focus was spills
• Report to the US Coast Guard

5
Background EPCRA

• Federal law passed in 1986
• Purpose is to create a chemical waste
  depositories
• Focus on sites similar to Love Canal
• Public awareness
• Encourage clean-up
• Report to state and local authorities
• State Emergency Response Commission (SERC)
• Local Emergency Planning Committee (LEPC)

6
Background As Applied to Ag

• During 1980s 90s reporting was not applied to
  livestock producers
• In 2002 Tyson Foods was sued by Sierra Club
• Judge ruled that since Tyson was not storing
  ammonia fertilizer in poultry barns they were not
  exempt from reporting and held responsible.
• In 2004-05 EPA started Air Consent Agreement
• Thereby indicating intent to enforce these laws
  to animal agriculture.

7
Background Request for Exemption

• In 2003 livestock commodity groups asked for an
  exemption to EPA
• Result was lawsuits in CA and other states to
  contest any exemption to animal agriculture
• In 2005 the poultry industry requested an
  exemption for poultry producers

8
Background Exemption Porposed

• Dec 2007 the EPA publishes Proposed Rule for
  complete exemption from CERCLA and EPCRA
• Exempt animal manure from livestock and poultry
• Because
• No response action was expected
• Unnecessary burden in handling additional paper

9
Background Final Ruling

• Final Rule published on Dec 18, 2008 to become
  effective on Jan 20, 2009.
• Exempted ALL operations from CERCLA
• Exempted MOST operations from EPCRA
• Exempt all pasture and range operations
• Exempt small and medium size Animal Feeding
  Operations (AFOs)
• Did not exempt large AFOs (per NPDES)

10
Response to Ruling

• Livestock industry response
• National Cattlemens Beef Association (NCBA)
  encourages producers to report
• National Pork Producers Council (NPPC) is suing
  EPA on rule
• Other groups want AFOs subject to CERCLA
• Environmental groups filed lawsuit last month to
  repeal the exemption
• US Rep John Dingell (D-MI) is working to block
  implementation

11
ShouldIReportDecision Tree for EPCRA
ReportingFrom University of Nebraska
12
Should I Report? Question 1

• Are you a large CAFO?
• No - You dont need to report
• Yes - You may need to report under EPCRA

2/17/2009
EPCRA Reporting
12
13
Should I Report? Question 2

• Do I exceed 100 pounds (of ammonia or hydrogen
  sulfide) in one 24 hour period?
• No - You dont need to report
• Yes - You may need to report under EPCRA
• Since there are no official emission values, you
  can use a Good Faith Estimate

2/17/2009
EPCRA Reporting
13
14
Should I Report? Question 3

• Can I wait until official emission values are
  available?
• Yes, if you signed the EPA Consent Agreement you
  deferred reporting until the EPA approved
  science-based emission data is available
• Producers were given the opportunity to sign in
  2005
• Beef industry decided not to participate
• No, if you did not sign the agreement, you must
  report

2/17/2009
EPCRA Reporting
14
15
Report What?

• Which Emissions Must Be Reported?
• Ammonia emissions are likely to trigger a
  reporting requirement
• Hydrogen Sulfide reporting much less likely
• Reporting is to be based upon good faith
  emissions estimates

2/17/2009
EPCRA Reporting
15
16
Report What?

• What is a Good Faith Estimate?
• EPA lacks information as to the emission data
• Waiting for National Air Emission Monitoring
  Study (NAEMS)
• But still the courts said reporting must continue
• Limited data exists from Land Grant Universities
• Therefore EPA will accept that as Good Faith
  Estimate

2/17/2009
EPCRA Reporting
16
17
When Must I Report?

• Rule is effective on January 20, 2009
• Failure to comply could result in fines up to
  25,000 per day.
• Single-gas reporting threshold is 100 lb/day of
  the gas

2/17/2009
EPCRA Reporting
17
18
Ammonia Emission Estimator (UNL)

• Estimates Upper Bound Ammonia Emission which
  determines reporting obligation
• Ammonia is most likely to reach threshold first
• Works for variety of species

2/17/2009
EPCRA Reporting
18
19
Basis for Ammonia Estimator

• Based on Mass Balance
• NLoss to Atmosphere NExcreated from Animal
  NManure
• Assumes
• All N is lost as ammonia
• Result is conservative estimate

2/17/2009
EPCRA Reporting
19
20
Estimator Limitation

• Seasonal Effects (warm weather increases)
• Management Effects (manure handling, rations,
  housing conditions, etc.)
• At best a ball-park estimate
• Does not calculate hydrogen sulfide emissions

2/17/2009
EPCRA Reporting
20
21
Example Cases

• 1000 head Beef Cattle Feedlot
• Open lots
• Mounds
• Runoff retention holding pond
• 4800 head Swine Finishing
• Deep pit

2/17/2009
EPCRA Reporting
21
22
Go to Ammonia Emissions Estimator
2/17/2009
EPCRA Reporting
22
23
Ammonia Emissions Estimator
24
Report or Not to Report

• If I report in a timely manner
• You would comply with existing law
• You would acknowledge that you are emitting a
  hazardous substance in a public record
• You should not expect any action
• If I do not report
• You open your operation to compliance action if
  you were ever investigated
• You could be fined up to 25,000 per day

2/17/2009
EPCRA Reporting
24
25
How Do I File the Report?

• Complete reporting form
• http//abe.sdstate.edu/wastemgmt/EPCRA_reporting.h
  tml
• Latitude Longitude from Yahoo Maps
• May make phone call

2/17/2009
EPCRA Reporting
25
26
How do I file the report?

• Find local emergency office address
• http//yosemite.epa.gov/oswer/LEPCDb.nsf/HomePage?
  Openform
• Send forms to
• Local
• State Trish Kindt DENR - SERC Joe Foss
  Building 523 East Capitol Avenue Pierre,
  South Dakota 57501
• Keep a copy for yourself
• Make 1st year anniversary report

2/17/2009
EPCRA Reporting
26
27
Recap

• Determine do I need to report
• Determine emission
• Fill out report
• Send in to
• State
• Local (Find LEPC)
• No regulatory notification sent to producers

2/17/2009
EPCRA Reporting
27
28
Questions ????
2/17/2009
EPCRA Reporting
28