NASHVILLE, Tenn. (RFD News) — Dairy farms could be nearing the end of a decades-long fight over federal reporting requirements for air emissions from manure. National Milk Producers Federation chief counsel Clay Detlefsen says the issue may finally be resolved next year.
The dispute centers on the Emergency Planning and Community Right-to-Know Act, which requires reporting of certain hazardous substance releases. EPA exempted manure-related air emissions in 2008, but litigation continued for years.
A federal court upheld EPA’s exemption last year. That ruling is now under appeal, with oral arguments expected this fall or possibly next spring. EPA is also reviewing the 2019 exemption and could reaffirm it.
For larger dairies, the stakes include avoiding costly reporting requirements tied to ammonia emissions from manure. The law can carry significant daily penalties when required reports are not filed.
The industry expects the appeals process and EPA review to determine whether the exemption survives permanently. Supporters believe a favorable appeals ruling could effectively close the legal fight and allow EPA to reaffirm the exemption.
