02-02-18 NCBA: CERCLA – Court Grants 90 Day Delay to May 1st

CERCLA: Court Grants 90 Day Delay to May 1st

The D.C. Circuit Court of Appeals issued a 90 day delay to May 1st of the mandate to eliminate the Environmental Protection Agency’s administrative reporting exemption on the CERCLA/EPCRA reporting requirements for farms.

On January 19, 2018, EPA filed a motion with the D.C. Circuit Court of Appeals to further delay issuance of the mandate by three months. No reporting is required until the Court issues its order, or mandate, enforcing its decision to eliminate the reporting exemptions for farms. EPA requested the Court allow the agency to further revise the guidance to be more effective in assisting farms with coming into compliance, to conduct outreach to ensure farms with limited or no internet access are aware of the reporting requirements and to finish developing the streamlined continuous reporting form.

Source: National Cattlemen’s Beef Association