Manufacturers, processors and formulators of ag chemicals should take note that the U.S. Environmental Protection Agency’s January 25 change to its “once in always in” policy will allow facilities that have historically been regulated as “major sources” of hazardous air pollutants to be reclassified as “area” sources if they have reduced their potential to emit
EPA Considers Whether a Discharge of Pollutants to Groundwater that is Connected to Navigable Waters Requires a Federal Permit
Since the Clean Water Act was passed in 1972, there has been extensive debate over which waters may be regulated as waters of the United States under the act. Yesterday, Bob Wilkinson explained how this issue came to a head in a recent 9th Circuit opinion and how, in response, EPA is requesting comments on
D.C. Circuit Delays Emissions Reporting Requirements for Farmers until May 1, 2018
On February 1, 2018, the U.S. Court of Appeals for the D. C. Circuit issued a stay delaying the implementation of a rule that will require farmers to estimate and report emissions from animal waste. Farmers will now have until at least May 1, 2018 before they are required to report their emissions to the
Emissions Reporting Requirements for Farmers stayed until January 22, 2018
We previously discussed the D.C. Circuit’s decision in Waterkeeper Alliance v. EPA, 853 F.3d, to strike down EPA’s regulation that exempted farms from air pollution reporting requirements for releases of hazardous substances from animal wastes. In October 2017, EPA petitioned the D.C. Circuit to stay the mandate in that case. On November 22, the D.C.
Update on EPA’s New Emissions Reporting Requirements for Farmers
Last week, the U.S. Environmental Protection Agency (“EPA”) filed a motion in the D.C. Circuit asking the court to delay the reporting requirement until 2018. Unless the motion is granted, farms with reportable releases of hazardous substances from animal waste must begin reporting those releases next Wednesday, November 15, 2017.
On November 9, the National
EPA Asks D.C. Circuit to Delay Reporting Requirements for Farmers Until 2018
On Monday October 30, the U.S. Environmental Protection Agency (“EPA”) filed a motion Monday in the D.C. Circuit asking the court to delay the reporting requirement until January 18, 2018. Unless the motion is granted, owners or operators of farms with reportable releases of hazardous substances from animal waste must begin reporting those releases on
EPA Issues Guidance for Reporting Emissions from Animal Waste
We previously discussed the decision of the D.C. Circuit in Waterkeeper Alliance v. EPA, 853 F.3d, striking down EPA’s regulation that exempted farms from air pollution reporting requirements for releases of hazardous substances from animal wastes and EPA’s petition to stay the mandate in that case until late January 2018. The D.C. Circuit responded
EPA Petitions D.C. Circuit to Delay Application of Emissions Reporting Requirements for Farmers
In April 2017, the D.C. Circuit issued a decision in Waterkeeper Alliance v. EPA, 853 F.3d 527, which, if upheld, will require approximately 63,000 small- and medium-sized farms that were previously exempt from the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements to come
Differential Privacy – A New Approach to Collecting Precision Ag Data?
The tech industry (e.g., Apple, Google) has been grappling very publicly with the conflicting issues of collecting user data on the one hand and trying to protect the privacy of the source of that data on the other hand. Think of a spectrum of less data/more privacy on one end moving toward more data/less privacy
Congress Passes Major Revisions to the Federal Toxic Substances Control Act
The federal Toxic Substances Control Act, originally enacted in 1976, will be substantially revised as a result of amendments passed by the House of Representatives last month and by the Senate this week. Although pesticides remain excluded from the definition of chemical substances under the Act, many other chemical substances and mixtures manufactured and imported