How does CERCLA – the “Superfund” law – apply to agriculture?
CERCLA requires reporting when any “facility” releases more than a “reportable quantity” of a hazardous substance, such as ammonia and hydrogen sulfide. All emissions, including “fugitive” emissions (uncontrolled, e.g. from fields and open areas), are reportable if they exceed the reportable quantity, which is 100 pounds in any 24-hour period. Currently, the courts are tending towards defining a “facility” as a combination of all structures within an operation. However, it is uncertain whether the reporting requirement applies to quantities measured from individual barns/lagoons/ponds on an operation, or the combined emissions from these structures on the entire operation.
