Skip to main content
The Ag Engineering Update

CERCLA Air Emissions Reporting Delayed until Jan 22, 2018 at the earliest

UPDATE- According to the new Q&A posted on the EPA's website, those farmers who have already made their initial continuous release notification do NOT need to submit their written report to the EPA regional office within 30 days. They may wait to submit the written report until the court issues the mandate. No additional call or e-mail to the National Response Center is required.

Another update is about cattle grazing on pastures. According to EPA's new Q&A, farms that have cattle that reside primarily outside of an enclosed structure and graze on pastures need to comply with reporting releases of hazardous substances from animal wastes under CERCLA.

To access EPA's website for this updated information, please click here. As stated below, no reporting is required until January 22, 2018 at the earliest.

We will update this webpage as more information becomes available.


On November 22, 2017, Wednesday, the D.C. Circuit Court of Appeals granted EPA's motion to further stay the mandate until January 22, 2018. Farmers do not have to submit their initial continuous release notification until at least January 22, 2018 when the D.C. Circuit Court is expected to issue its mandate. Once the mandate is issued, farms emitting more than 100 pounds of ammonia or hydrogen sulfide in a 24-hour period must submit an initial continuous release notification to the National Response Center (NRC).

You may want to review the following links to familiarize yourself with CERCLA reporting.

University of Illinois Extension threshold table and swinedairybeefpoultry emission calculators

IL Pork Producers CERCLA reporting guidance document

US Poultry CERCLA reporting guidebroiler reporting form

EPA written reporting forms