I write this because in April of this year, the D.C. Circuit Court of Appeals ruled on a lawsuit environmental groups filed against the Environmental Protection Agency (EPA) after the agency finalized a rule that provided a narrow exemption for reporting the low-level emission of ammonia from poultry houses under the Comprehensive Emergency Response and Compensation Liability Act (CERCLA) and the Emergency Planning Community Right to Know Act (EPCRA.)
Make no mistake: CERCLA and EPCRA are two very important programs enacted by Congress to plan and respond to emergencies associated with the release of hazardous substances into the environment. While ammonia is one of hundreds of chemicals that must be reported when a release exceeds its reporting threshold of 100 pounds, industry is certain the potential release scenarios for ammonia did not include the low-level emission of ammonia generated as chicken manure breaks down naturally.