House Bill Exempts Farms from Reporting Emissions

A bipartisan bill to exempt farmers from reporting to the U.S. Coast Guard emissions from the natural breakdown of manure on their farms yesterday was introduced in the U.S. House. The National Pork Producers Council strongly supports the legislation, which is similar to a bipartisan bill introduced last month in the Senate.

 

Sponsored by Reps. Billy Long, R-Mo., and Jim Costa, D-Calif., along with 85 cosponsors, the “Agricultural Certainty for Reporting Emissions (ACRE) Act,” H.R. 5275, would fix a problem created last April when a U.S. Court of Appeals rejected a 2008 U.S. Environmental Protection Agency rule that exempted farmers from reporting routine farm emissions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

 

CERCLA, more commonly known as the “Superfund Law,” is used primarily to clean hazardous waste sites but also includes a mandatory federal reporting component.

 

The appeals court ruling could force more than 100,000 livestock farmers to “guesstimate” and report the emissions from manure on their farms to the Coast Guard’s National Response Center (NRC) and subject them to citizen lawsuits from activist groups such as the Humane Society of the United States.

 

“America’s pork producers are grateful to Congressmen Long, Costa and their 85 colleagues for introducing legislation to fix this problem,” said NPPC President Jim Heimerl, a pork producer from Johnstown, Ohio. “Routine emissions from hog manure do not constitute a ‘hazardous’ emergency that requires the Coast Guard to activate a national cleanup response.

 

“EPA exempted farms from CERCLA reporting because it knew responses would be unnecessary and impractical. We need to have that exemption reinstated, and NPPC calls on the House and Senate to pass their respective commonsense, bipartisan bills as soon as possible.”

 

The appeals court’s April decision originally set a Nov. 15, 2017, deadline for as many as 200,000 farms to report emissions. After petitions from EPA – supported by NPPC motions – the court twice delayed that deadline, with the most recent postponement until May 1.