EPA Awaits Emissions Ruling

As of Tuesday morning, livestock producers are not yet required to report certain emissions to the U.S. Environmental Protection Agency, since a federal appeals court had not yet responded to an agency request for a delay past Monday's deadline. In a message posted on the agency's website, EPA said it will not enforce the reporting requirement until the U.S. Court of Appeals for the District of Columbia Circuit issues a ruling. "No reporting is required until the court issues its order, or mandate, enforcing its decision to eliminate the reporting exemptions for farms," EPA said. Back in November, the court delayed until Jan. 22, 2018, the rule that requires livestock producers to report emissions of more than 100 pounds per day of either ammonia or hydrogen sulfide. In its Jan. 19 motion to delay for three months, the EPA said farmers are not yet ready to meet the requirements of the mandate. In requesting a delay in the rule, the EPA said it would allow for further coordination in response to what is expected to be an increase in reports made to the EPA. A number of environmental groups led by the Waterkeeper Alliance asked the court to deny the agency's request for an extension, calling the request a "smokescreen" to further delay the rule. The National Cattlemen's Beef Association had raised a number of concerns about how the rule could affect producers. First, prior to the rule, only those cattle operations with 1,000 or more animals were required to submit reports. With the rule, NCBA said operations with as few as 208 cattle are subject to reporting. In addition, the industry has been concerned about the costs to comply with the reporting requirements and exposure to citizen lawsuits. Also, NCBA has expressed concern that the data could be misused by EPA to develop CAFO emissions regulations through the Clean Air Act...more