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Animal Feeding Operations Air Quality Compliance Agreement Fact Sheet
January 30, 2006
- Status
- Primary Goals of the Air Compliance Agreement
- Background
- Key Provisions in the Air Compliance Agreement
- Nationwide Monitoring Program
- Key Dates
- EPA's Environmental Appeals Board ratified the first 20 Air Compliance Agreements for animal feeding operations on Jan. 27, 2006.
- The sign-up period for the Environmental Protection Agency (EPA) Air Quality Compliance Agreement (the Agreement) ended on Aug.12, 2005.
- EPA has received more than 2,600 Agreements from operators representing a cross-section of the animal industry sector. The final Agreements are still being processed.
- EPA will evaluate the Agreements, organize them by animal type, and send them to the Agency's Environmental Appeals Board (EAB) for signature and approval.
- The Agency announced the Air Compliance Agreement on Jan. 21, 2005 . EPA solicited public comments on the Agreement through May 2, 2005 .
- The Agreement, Federal Register Notices and other related documents on the Animal Feeding Operations (AFOs) Consent Agreement and Final Order can be found on EPA's website at:
www.epa.gov/compliance/resources/agreements/caa/cafo-agr-0501.html
Primary Goals of the Air Compliance Agreement
- Reduce air pollution
- Ensure compliance with applicable Clean Air Act, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Environmental Planning and Community Right-to-Know Act (EPCRA) provisions
- Monitor and evaluate AFO emissions
- Promote a national consensus on methodologies for estimating emissions from AFOs
- A 2002 report by the National Academy of Sciences emphasized that scientifically credible methodologies for estimating emissions from AFOs needed to be developed.
- Commencing in 2002, EPA and industry representatives began discussions on a proposed Agreement that would facilitate the development of these methodologies.
- During 2002-2004, EPA met with many groups to discuss the proposed Agreement, including:
- Agricultural industry representatives
- State and local government officials, including the State and Territorial
Air Pollution Program Administrators (STAPPA), and Association of Local Air Pollution Control Officials (ALAPCO) - Environmental organizations
- Citizen groups
Key Provisions in the Air Compliance Agreement
- Participating AFOs are required to:
- Pay a civil penalty, ranging from $200 to $100,000, depending on the size and number of AFOs.
- Pay up to $2,500 into a fund for a nationwide emissions monitoring program
- Make facilities available for monitoring.
- Apply for all applicable air permits and comply with permit conditions.
- Install Best Available Control Technology (BACT) or control technology meeting the Lowest Achievable Emission Rate (LAER) on all sources that exceed the "major source" threshold for their area.
- Report any qualifying releases of ammonia (NH3) and hydrogen sulfide (H2S) as required by section 103 of CERCLA and section 304 of EPCRA.
- AFOs that satisfy these requirements will receive, from EPA, a covenant not to sue for past violations of:
- Clean Air Act permitting requirements in Title V, and Title I Parts C & D Prevention of Significant Deterioration/New Source Review, and State Implementation Plans arising from emissions of Nitrogen Oxides (NOx), Hydrogen Sulfide (H2S), Volatile Organic Compounds (VOCs), or Particulate Matter (PM) from animal confinement structures and agricultural livestock waste lagoons.
- CERCLA section 103 and EPCRA section 304 hazardous substance reporting requirements arising from releases of NH3 and H2S from animal confinement structures and agricultural livestock waste lagoons.
- Conditions and limits of the covenant not to sue:
- EPA will continue to prosecute cases that may present an imminent and substantial endangerment to human health.
- The covenant not to sue applies to past violations and will terminate after a short period following the monitoring program.
- The covenant not to sue covers only violations related to emissions from agricultural livestock and agricultural livestock waste.
- The covenant does not cover emissions from generators or other internal combustion engines, waste-to-energy systems and land application of animal waste. The covenant not to sue also does not cover emissions from sources not participating in the Agreement.
- The covenant not to sue does not affect permits required for new construction or modification of existing AFOs.
- The covenant not to sue will be nullified if AFOs fail to comply with state nuisance final orders relating to air emissions.
- AFOs that are subject to federal or state Clean Air Act, CERCLA section 103 or EPCRA section 304 enforcement actions may not be eligible to enter into the Agreement.
- Additional Protections and Benefits:
- AFOs that install waste-to-energy systems in compliance with all applicable permitting and control requirements will get additional time to apply for air permits for their emissions from agricultural livestock and livestock waste.
- The Agreement will complement ongoing state and local efforts to promote research into AFO air emissions and to improve air quality.
- Based on EPA criteria, an independent organization will select for monitoring farms that represent major animal groups (e.g. swine, dairy, and poultry), different types of operations, and different geographic regions. EPA will ensure the farms selected for monitoring are representative.
- Monitoring will occur at the selected lagoons and barns for approximately 24 months, commencing in early 2006.
- Pollutants to be monitored include PM (TSP, PM10 and PM2.5), H2S, VOCs, and NH3.
- January 31, 2005 FR Notice: EPA announces sign up period will run 90 days from publication date, (May 1, 2005), and EPA will receive comments on the Air Compliance Agreement for 30 days until March 2, 2005.
- March 30, 2005 FR Notice: EPA announces it is reopening the comment period from April 1, 2005 until May 2, 2005. EPA extends the sign up period from May 2, 2005 until July 1, 2005.
- July 12, 2005 FR Notice: EPA extends sign up period from July 1, 2005 to July 29, 2005.
- July 12, 2005 FR Notice: EPA provides Response to Comments on Agreement. No changes are made to the original Agreement.
- August 3, 2005 FR Notice: EPA extends sign up period from July 29, 2005 to August 12, 2005.
- August 12, 2005 end of sign up period.