Update: Court Grants Another Delay of Air Emissions Reporting Requirement

On January 19, 2018, the EPA requested another 90-day delay to the federal air emissions reporting requirement under CERCLA. After an earlier 90-day delay, the mandate requiring certain livestock producers to report air emissions was set to go into effect on January 22, 2018. The Court granted the EPA's request to delay the mandate until May 1, 2018.

The EPA said this extension of time would "give EPA time to revise its guidance to be more effective at assisting farms in coming into compliance and to conduct outreach to farms without internet access that may not be aware of the reporting requirements and guidance." The EPA also explained the three-month delay would give it time to finalize the continuous release reporting form. The form is currently being reviewed by the Office of Management and Budget. Finally, the EPA said the time would allow it to coordinate with the National Response Center on how to handle the influx of reports. 

Based on this delay, farm groups are recommending that their members should not report any air emissions yet.