The District of Columbia Court of Appeals issued a court order granting a request by the Environmental Protection Agency (EPA), U.S. Poultry & Egg Association (USPOULTRY) and the National Pork Producers Council (NPPC) to extend the stay that delays the requirement for farms to report airborne emission of ammonia that is generated as manure naturally breaks down. The request for an extension came after EPA issued preliminary guidance that acknowledged reporting by poultry and egg farmers was hindered by a lack of scientifically based information that would allow them to estimate emissions from their farm.
The court’s order granting the extension also recognized a brief submitted by USPOULTRY and NPPC that provided further rationale for extending the stay. These briefs demonstrated the National Response Commission (NRC) reporting system’s incapacity to handle the thousands of calls that will accompany a reporting mandate of this type.
“We are pleased with the court’s order to extend the stay. We are hopeful this pause will allow for meaningful engagement by all stakeholders,” commented Jerry Moye, retired president, Cobb-Vantress, and USPOULTRY chairman.
“We are pleased the court recognized the untenable position poultry and egg producers were forced into from not having an emission estimation methodology backed by sound science. Hopefully, this extension of time will allow the Agency to develop additional guidance that gives our farmers certainty that they are truly required to report rather than speculate. We also hope the additional time will give the NRC a chance to upgrade their system to handle the increased call volume this reporting requirement will certainly bring,” commented John Starkey, USPOULTRY president.