News & Analysis as of

EPCRA Reporting Requirements

Toxics Release Inventory/Community Right-To-Know: U.S. Environmental Protection Agency Final Rule Adopting 2017 North American...

The United States Environmental Protection Agency (“EPA”) issued a December 26th Federal Register notice adopting a final rule addressing Section 313 of the Emergency Plan and Community Right-To-Know Act (“EPCRA”) Toxics...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

New EPA air emissions reporting requirements start Nov. 15

by Varnum LLP on

Beginning Nov. 15, many livestock farms releasing hazardous substances to the air from animal waste are required to begin reporting air emissions. In 2008, the EPA finalized a rule exempting almost all livestock farms from...more

Client Alert: CAFOs: Protect Against Future Liability; Make Continuous Release Report on November 15

On November 15, the ruling of the U.S. Court of Appeals for the D.C. Circuit that invalidated the U.S. EPA’s rule exempting hog, chicken, dairy cow and other concentrated animal feeding operations (CAFOs) from reporting air...more

Refrigeration Systems Targeted: Risk Management Plans and Release Reporting

by Williams Mullen on

Companies operating ammonia refrigeration systems are easy targets for EPA under a number of environmental programs. Recent history suggests release reporting under Section 112(r) of the Clean Air Act (CAA) and under the...more

D.C. Circuit Strikes Down CERCLA Reporting Exemptions for Animal Feeding Operations

by Williams Mullen on

The United States Court of Appeals for the District of Columbia Circuit has invalidated EPA’s 2008 rule exempting animal feeding operations (AFOs) from certain federal, state and local hazardous substance reporting...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

by Barley Snyder on

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency...more

D.C. Circuit Strikes Down EPA Reporting Exemptions for Animal Waste

On April 11, 2017, the United States Court of Appeals for the D.C. Circuit struck down an EPA final rule which exempted animal feeding operations from air pollution reporting requirements. Under the 2008 rule, farms did not...more

Does Chevron Ever Permit EPA to Rewrite a Statute? EPA’s Release Reporting Exemptions Are Struck Down

On Tuesday, April 11, 2017, the Court of Appeals for the District of Columbia vacated EPA’s final rule governing reporting of air releases from animal feeding operations. The Court found that EPA had no statutory authority...more

Tips for Tackling Tier II Trouble

by Williams Mullen on

Companies with hazardous chemical reporting obligations know the significance of March 1. On that date each year, facilities that at any time during the prior year had 10,000 pounds or more of an OSHA hazardous chemical, or...more

EPCRA Section 313 Reporting: Frequent Questions

by Williams Mullen on

This is the second installment of frequently asked questions regarding Toxic Release Inventory (TRI) reporting under Section 313 of the Emergency Planning with Community Right-to-Know Act (EPCRA). As noted in our first...more

EPCRA 313 Reporting – FAQs

by Williams Mullen on

The Emergency Planning and Community Right-to-know Act (EPCRA) requires Form R reports to be filed with EPA each July 1 for each listed “toxic chemical” a facility manufactures or processes in excess of 25,000 lbs., or...more

EPA Denies Petition to Remove EGBE From List of TRI Form R Chemicals

by Williams Mullen on

Ethylene glycol monobutyl ether (EGBE) is a solvent used primarily in the production of paints, coatings, and metal and household cleaners. It’s also used in the production of other chemicals. Facilities that manufacture,...more

Frequent Questions: EPCRA 313

by Williams Mullen on

This is the third and final installment of Frequent Questions related to Form R Reports due July 1. The Frequent Questions are published by EPA or researched to aid compliance with this complicated regulatory program....more

EPA's NY/NJ EPCRA Sweep Points to Broader Enforcement Effort

by Bracewell LLP on

Last week's announcement by the US EPA of EPCRA violations at 17 facilities comes as part of the Agency's heightened scrutiny of chemical storage facilities in the aftermath of the West, Texas explosion and the Charleston,...more

Tier II Reports Due by March 1

It is that time of year again. If your company has certain chemicals in quantities that trigger reporting requirements under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), your annual Tier II...more

Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting...

by Akerman LLP on

On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of...more

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