What if a participating farms design isn covered by the air study and look-up chart?
If EPA notifies a participating producer that it is unable to develop a look-up chart to estimate emissions for a specific type of farm, the participating producer retains its legal protection for 180 days after that notice is mailed by EPA. During the 180 days the participating producer may attempt to provide data or adjust its operations to gain coverage by an addition to the look-up chart. If neither the EPA nor the producer is able to determine if the participating producer is subject to the CAA or CERCLA requirements, the producer retains its legal protections for past emissions but will have to decide for himself if his farm is subject to the air laws. If he misjudges he may be legally vulnerable for future emissions if they actually are determined to exceed the legal thresholds.
