Court issues 3-month stay on ammonia reporting mandate
US Court of Appeals’ stay gives producers additional time before requiring reports for emitting low-level concentrations of ammonia from poultry houses, layer farms
The U.S. Court of Appeals for the District of Colombia Circuit has issued a three month stay, until November 14, before producers will need to start filing reports for emitting low level concentrations of ammonia from poultry houses and layer farms.
The stay is a result of a motion from EPA requesting time that would allow the agency to develop guidance to assist farms with addressing the difficult task of measuring emissions of ammonia into the air from decomposing animal waste - a point recognized by the court in its April 11, 2017, decision. The order issued by the court does contemplate the possibility of an additional extension beyond the Nov. 14 date.
U.S. Poultry & Egg Association (USPOULTRY) and the National Pork Producers Council (NPPC) submitted a brief supporting EPA’s motion for a stay. The brief emphasized previous challenges concentrated animal feeding operations faced in January of 2009, when farms filed air emission reports to state and local emergency planning commissions.
“USPOULTRY appreciates EPA filing this motion, and we are very pleased with the court’s decision to stay issuance of the reporting mandate. We will continue to work with EPA on approaches to limit the burden placed on poultry and egg producers that would result from the requirement to submit meaningless reports to emergency first responders,” commented John Starkey, president of USPOULTRY.