Courts Delay CERCLA's Mandated Reporting Requirements, Giving NCBA Time to Secure ExemptionThu, 01 Feb 2018 14:45:34 CST
As of this time, according to the Environmental Protection Agency, the D.C. Circuit Court of Appeals has not yet issued the mandate to eliminate the EPA administrative reporting exemption on the CERCLA/EPCRA reporting requirements for farms.
On Friday, January 19, 2018, EPA filed a motion with the D.C. Circuit Court of Appeals to further delay issuance of the mandate by three months. EPA is requesting that the Court give time to allow EPA to further revise the guidance to be more effective in assisting farms with coming into compliance, to conduct outreach to ensure farms with limited or no internet access are aware of the reporting requirements, and to finish developing the streamlined continuous reporting form. Once the court issues the mandate the statutory reporting requirements will go back into effect.
Radio Oklahoma Ag Network Farm Director Ron Hays caught up with National Cattlemen's Beef Association Chief Environmental Counsel Scott Yager in Phoenix this week, during the Cattle Industry Convention, for his insights into this issue. Click or tap the LISTEN BAR below at the bottom of the page to hear their complete conversation over the latest CERCLA/EPCRA developments as it relates to agriculture. He explained why the delay in this rule as described above is a good thing for producers right now, as NCBA continues to work with Congress on securing an agricultural exemption for EPA's mandated reporting under the Superfund law.
"We're waiting for the court to issue its mandate. That was supposed to happen January 22nd," Yager said. "That didn't happen, because the Department of Justice filed a motion to delay it further. That's good news. It leaves us a little more time to work with Congress to get this solved out right."
Yager says this delay was issued because simply put, no one knows about this mandate. He says it had not been talked about until NCBA began the conversation a couple months ago. He says the EPA realizes this and still needs time to streamline a reporting process and nail down their rules for implementation. In the meantime, though, Yager insists NCBA will continue to seek a permenant exemption for producers.
"This thing is complicated," Yager remarked. "No one has heard about this before and we're still trying to wrap our minds around it."
EPA has updated its site with the following message:
On Friday, January 19, 2018, EPA filed a motion with the D.C. Circuit Court of Appeals to further delay issuance of the mandate. No reporting is required until the Court issues its order, or mandate, enforcing its decision to eliminate the reporting exemptions for farms. EPA will be updating this page daily to provide information on the court mandate.
Coverage of the 2018 Cattle Industry Convention and NCBA Trade Show is powered by Farm Data Services of Stillwater - click here - to learn more about how they can help your farm or ranch operation's bottom line in a variety of ways.
Source - Environmental Protection Agency
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