

[Federal Register: December 27, 2005 (Volume 70, Number 247)]
[Notices]
[Page 76452-76454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de05-42]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2005-0013; FRL-8015-4]


Notice of Availability of a Petition for Exemption From EPCRA and
CERCLA Reporting Requirements for Ammonia From Poultry Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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SUMMARY: This notice announces the availability of a Petition for
Exemption from EPCRA and CERCLA Reporting Requirements for Ammonia from
Poultry Operations that was submitted to the Environmental Protection
Agency on August 5, 2005 by the National Chicken Council, National
Turkey Federation, and U.S. Poultry and Egg Association as nonprofit
member organizations that represent the majority of broiler and turkey
producers across the country. This document is being made available so
that the public will have the opportunity to provide relevant data
regarding this petition. EPA, in accordance with its mission to protect
human health and the environment, will consider the impacts of human
health and the environment in its decision whether to grant or deny
this petition.

DATES: Comments must be received on or before March 27, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2005-0013, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail: superfund.docket@epa.gov.
     Fax: 202-566-0224.
     Mail: Superfund Docket, Environmental Protection Agency,
Mailcode: 5202T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Public Reading Room, Room B102, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2005-0013. EPA's policy is that all comments

[[Page 76453]]

received will be included in the public docket without change and may
be made available online at http://www.regulations.gov, including any

personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov The http://www.regulations.gov. Web site is
an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
 ``For additional instructions on submitting

comments, go to Unit III.A of the SUPPLEMENTARY INFORMATION section of
this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Superfund Docket, EPA/DC,

EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the
Superfund Docket is (202) 566-0276).

SUPPLEMENTARY INFORMATION:

I. General Information

A. Interested Entities

------------------------------------------------------------------------
                                              Examples of interested
             Type of entity                          entities
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Industry...............................  Poultry Industry, Owners/
                                          Operators of animal production
                                          operations.
Environmental and Citizen Groups.......  Sierra Club, Environmental
                                          Integrity Project, Local
                                          Citizen Groups.
State/Local/Tribal Government..........  State and Tribal Emergency
                                          Response Commissions, and
                                          Local Emergency Planning
                                          Committees.
Federal................................  National Response Center,
                                          Regional Environmental
                                          Protection Agency Offices.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in this
petition. This table lists the types of entities that EPA is now aware
could potentially be interested in this petition. Other types of
entities not listed in the table may also be interested.

B. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.

II. Background

    The Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) section 103(a) requires that any person in
charge of a facility notify the National Response Center (NRC), as soon
as he has knowledge, of the release of a hazardous substance from that
facility in quantities equal to or greater than those determined under
section 102(b) of CERCLA. Those quantities are called the Reportable
Quantities or RQs. Similarly, EPCRA section 304(a) requires that the
local emergency planning committee (LEPC) for any area likely to be
affected, and the State emergency response commission (SERC) of any
State likely to be affected by the release of an extremely hazardous
substance listed under EPCRA Section 302 also be notified. Neither
CERCLA nor EPCRA limit the industry or commercial sectors that need to
report; therefore any facility releasing more than an RQ must report.
With respect to poultry operations, the CERCLA hazardous and EPCRA
extremely hazardous substance most likely to trigger an RQ is ammonia
at 100 pounds per 24 hours. Ammonia may be used at a farm as fertilizer
and thus, is stored in tanks and can be released. However, at poultry
operations, another likely release source of ammonia is from the barns
that contain poultry litter (bedding material that is combined with
deposited manure).
    Hydrogen sulfide is also a CERCLA hazardous and EPCRA extremely
hazardous substance, with an RQ at 100 pounds per 24 hours, which may
be emitted from animal agricultural operations. However, the petition
is silent on hydrogen sulfide.
    On August 5, 2005, the Agency received the subject petition titled,
``Petition for Exemption from EPCRA and CERCLA Reporting Requirements
for Ammonia from Poultry Operations.''

III. Summary of Today's Action

A. What Is the Agency Asking From the Public?

    The Agency believes the petition raises important issues that
require a scientifically-sound basis in order to make a reasoned
decision. The Agency's Office of Science Policy includes on its Web
site, http://www.epa.gov/osp/science.htm, a statement that, ``[s]cience

provides the foundation for credible decision-making. Only through
adequate knowledge about the risks to human health and ecosystems, and
innovative solutions to prevent pollution and reduce risk, can we
continue to enjoy a high quality life. With a better understanding of
environmental risks to people and ecosystems, EPA can target the
hazards that pose the greatest risks and anticipate environmental
problems before they reach a critical level.'' It is appropriate, based
on this policy, that the Agency seeks relevant data so that it can make
a science-based decision regarding this petition.
    As a result the Agency is requesting the public to submit any
relevant data

[[Page 76454]]

on the impact of ammonia emissions on public health and the environment
from poultry operations. The Agency is also interested in hearing from
State Emergency Planning Commissions (SERC) and Local Emergency
Planning Committees (LEPCs) about the usefulness of release reports
that are required under EPCRA and its implementing regulations (40 CFR
355--Emergency Planning and Notification).

B. What Efforts Are the Agency Currently Pursuing To Evaluate Emissions
From Poultry Operations?

    Currently, the Agency does not have any reliable data regarding
emissions from the poultry operations industry that it could use to
properly evaluate this petition; however, the Agency is currently
evaluating applications from the animal agricultural industry for
participation in the Agency's Animal Feeding Operations (AFO)/Consent
Agreement and Final Order (CAFO) that will enable the Agency to collect
emissions data from the industry.
    On January 31, 2005, EPA published a notice in the Federal Register
(70 FR 4958) offering animal agricultural operations an opportunity to
sign the voluntary Consent Agreement, which among other things
establishes a monitoring study for emissions at such operations. The
need for the monitoring study was based on a National Academy of
Sciences (NAS) review and evaluation of EPA and the U.S. Department of
Agriculture's scientific basis for estimating emissions of various air
pollutants from AFOs. The NAS issued a final report in February, 2003
concluding that scientifically sound and practical protocols for
measuring air emissions from AFOs needed to be developed. The NAS also
found that existing methodologies for estimating air emissions from
AFOs are generally inadequate because of the limited data and site
specific factors on which they are based. In response to the 2003 NAS
report, EPA began revising the conceptual enforcement agreement to
specifically address the data and emission-estimating methodology
needs, thus beginning to address the needs cited by the NAS, and
determining AFO regulatory responsibility under the CAA, CERCLA, and
EPCRA. This resulting monitoring study will lead to the development of
methodologies for estimating emissions from AFOs and will allow
Respondents to determine and comply with their regulatory
responsibilities under the CAA, CERCLA, and EPCRA.
    Once applicable emission-estimating methodologies have been
published by EPA, the liability release in the proposed Agreement is
contingent on the Respondent certifying that it is in compliance with
all relevant requirements of the CAA, CERCLA, and EPCRA. In return,
Respondents receive a release and covenant not to sue for the specific
violations identified by applying the relevant emissions-estimating
methodologies as long as the participating animal agricultural
operations comply with all of their obligations under the Agreement.
    The AFO Air Compliance Agreement is an important part of EPA's
strategy to address air emissions from AFOs. In addition to resolving
the compliance status of AFOs under the relevant statutes, it will
provide critical data that will allow EPA to quantify emissions coming
from AFOs (including poultry operations) and, if necessary, to identify
appropriate regulatory and nonregulatory responses for controlling
those emissions.

C. What Is the Agency Intending To Do With the Scientific Data Received
From the Public?

    The Agency intends to consider the scientific data that it receives
from the public in its evaluation of this petition. Once the Agency has
made its decision it will issue a notice that provides its rationale to
either grant or deny the petition.

    Dated: December 20, 2005.
Thomas P. Dunne,
Acting Assistant Administrator, Office of Solid Waste and Emergency
Response.
[FR Doc. E5-7869 Filed 12-23-05; 8:45 am]

BILLING CODE 6560-50-P
