Regulatory exemptions for farms are common throughout the major U.S. environmental statutes, including the Emergency Planning and Community Right-to-Know Act (EPCRA). But exemptions for farms do not apply to all requirements in the major reporting provisions of EPCRA.
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Emergency Planning Notification (Section 302)
Under Section 302, operators of all facilities that have any listed extremely hazardous substances (EHSs) in excess of their threshold planning quantity (TPQ) must notify the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC). EPCRA EHSs and their TPQs are listed in 40 CFR Part 355, Appendices A and B. The requirement applies if the EHS is present at a farm at any one time in concentrations greater than 1 percent by weight. Reporting is required even if the chemicals are present for only a short period of time before use. There is no exemption to this requirement for farms or for substances used in routine agricultural operations.
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