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UT Institute of Agriculture > New CERCLA Reporting Requirements for 2018

New CERCLA Reporting Requirements for 2018

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UPDATE:
January 25, 2018

The situation with the federal regulations and CERCLA reporting requirements remains fluid due to litigation. The expected mandate has not yet been issued. Please see this link for more information. For now, reporting requirements remain in a state of suspension.


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January 22, 2018

Changes to Federal Regulations of Particular Interest to Poultry Producers

University of Tennessee Extension agents and Tennessee producers, particularly poultry producers, need to be aware that new federal ammonia emissions reporting requirements went into effect Monday, January 22, 2018.

The reporting requirement is part of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), better known as “Superfund.” Reporting is required if certain hazardous substances commonly found at “Superfund” sites are released above a reportable quantity.

Ammonia is regulated as a CERCLA hazardous substance and is released from poultry manure as it naturally decomposes. While litter/poultry manure release rates vary substantially, ammonia emissions may exceed the reportable quantity of 100 pounds per day on poultry farms.

To learn more about the CERCLA reporting requirements, see the educational YouTube video prepared by the U.S. Poultry & Egg Association. A Reporting Guide has also been prepared by the U.S. Poultry & Egg Association, and it offers a detailed step-by-step compliance guide for the CERCLA reporting requirement summarized below. 

STEP 1 is an “initial continuous release notification” to the National Response Center. The initial notice can be made with a phone call to 1-800-424-8802 using a script provided in the Reporting Guide. Alternatively, poultry producers can email the notice to farms@uscg.mil using the Reporting Guide script. In either case, the reporting farm will be assigned verbally or by email a CR-ENS number.

STEP 2 is an initial written report referencing the CR-ENS number that must be submitted by mail within 30 days of the initial phone call or email. The U.S. Poultry & Egg Association provides a CERCLA Continuous Release Reporting Form that can be downloaded, filled out and then mailed to your regional EPA office using the detailed instructions in the YouTube video prepared by the U.S. Poultry & Egg Association.

STEP 3 is a follow-up written report that must be mailed to your regional EPA office within 30 days of the anniversary of the initial telephone or email notification. This is simply the same CERCLA Continuous Release Reporting Form filled out in STEP 2.

STEP 4 is only required when a significant increase of ammonia emissions occurs, for example adding new sources including new poultry houses. In this case, reporting is completed using STEPS 1-3, referencing the farm CR-ENS number.

Anyone with questions about these requirements can contact Shawn Hawkins, associate professor in the Department of Biosystems Engineering and Science, at 865-974-7722 or shawkins@utk.edu​. Hawkins specializes in animal waste management research and education. Questions may also be directed to Dale Barnett with the Tennessee Poultry Association, 931-225-1123. 

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