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Animal Feeding Operations Air Compliance Agreement Frequently Asked Questions
U.S. Environmental Protection Agency, Office of Civil Enforcement
Animal Feeding Operations Air Compliance Agreement
Frequently Asked Questions
1. What is the Air Compliance Agreement?
It is a voluntary settlement agreement between the U.S. Environmental Protection Agency (EPA) and participating farmers. There is no obligation to participate. It is not a rule, and does not impose any new regulatory requirements on a participating farm. Rather, under the Agreement, EPA is extending an opportunity to farmers to participate in a national farm air emissions study. During the study, EPA will agree not to sue any participant for violations of several environmental laws. For their part, participants will pay a small civil penalty and contribute funds to the air emissions study.
2. What are the benefits of the Agreement?
Right now, it may be difficult for certain farms to determine their compliance responsibilities with respect to air emissions. The focus of the Agreement is on working with farmers to obtain better science to help answer questions about air emissions at farms. The air emissions study will look at air emissions from farms that are from different geographic regions (e.g., west versus northeast), manage different species of farm animal (e.g. swine versus poultry), and involve different types of operations (e.g., hog farms versus egg farms). Farmers will benefit from increased certainty – both in knowing their obligations, and resolving possible current and past liability. EPA feels that this a better approach than the traditional alternative – litigation against individual farms.
3. What happens if I decide not to sign?
Farmers who decide not to participate remain subject to possible litigation, just as they are today.
4. I don’t know if there are any violations at my farm. Why should I have to pay a civil penalty?
By signing the Agreement farmers DO NOT admit any liability or any sort of wrongdoing. The Agreement makes clear that signing is not an “admission that any of its agricultural operations has been operated negligently or improperly or that any such operation is or was in violation of any federal, state, or local law or regulation.”
Rather, payment of a penalty is part of the process to obtain a release from liability for possible violations. If you pay your penalty and comply with all the terms of the Agreement, the federal government cannot sue you later for the violations covered by the Agreement. Payment provides participants with the full protections of a settlement.
5. Does the Agreement cover odor and other nuisance problems?
No. The Agreement does not relate to local odor or “nuisance” issues, which generally are a matter of state or local law, but not federal law.
6. What laws are involved in the Agreement?
This Agreement involves air emissions related to three laws: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Emergency Planning & Community Right to Know Act (EPCRA), and the Clean Air Act (CAA).
– CERCLA and EPCRA are statutes that require reporting of releases. They require a phone call, and a form to be filled out if your facility releases certain hazardous pollutants in excess of certain thresholds (e.g., 100 lbs. per day of ammonia or hydrogen sulfide).
– The CAA generally requires a permit if emissions of certain pollutants exceed a certain threshold. The permit may require appropriate pollution controls.
Note that the Agreement does not relate to other types of pollution, such as discharges to water.
7. Does this Agreement cover land application?
No. The Agreement only relates to barns, lagoons, and similar structures.
8. What sort of air monitoring will be done for the national farms emissions study?
Approximately 28 farms will be monitored across the country. Farms will be selected to obtain a representative sample of geographic regions, operating methods, and species. Monitoring will be done at barns and lagoons. Pollutants to be monitored include ammonia, hydrogen sulfide, particulates (dust), and volatile organic compounds. For more information on the monitoring study, please refer to the following website: http://www.epa.gov/airlinks/airlinks3.html.
9. I’m a small farmer. Is EPA going to provide any guidance on whether I should sign up?
The Agreement has costs such as the civil penalty. It also has benefits such as participation in the air emissions study and the liability release. Each farmer should carefully weigh those considerations. It is important to note that a primary focus of the national air emissions study is to determine how much air pollution farms emit. The type and quantity of emissions depend on many factors such as species, number of animals, type of operation, and location. Until the study is complete and more data are available, it can be difficult to say what requirements may apply to which particular size and type of operations, and whether these farms emit enough pollutants to trigger regulatory requirements. In fact, the study is designed to answer this question: what size and types of farms may have regulatory responsibilities? EPA is therefore entrusting the decision on whether to participate to those that know their operations best – the farmer.
10. Can I sign up a farm that I haven’t built yet?
Yes, but only if all the following conditions are met: (1) You must have all necessary state and local CAFO permits for the facility by July 1, 2005; (2) you must have started construction of the facility by July 1, 2005; (3) the facility must be completed and operational by January 1, 2007; and (4) you must be able to fill out Attachment A to the Agreement for the facility.
11. How do I sign up? What are the deadlines?
The first step is obtaining the Agreement from EPA. It is available on the internet at: http://www.epa.gov/compliance/resources/agreements/caa/cafo-agr-0501.html. Detailed instructions on how to fill out the Agreement are available at this site. You may also call (202-564-2230) to have a copy of the Agreement and the instructions mailed or faxed to you. The deadline for participation is Aug. 12, 2005. There will be no opportunity to sign up after that date.
12. How do I get more information?
The best place to get more information is to go to the Agreement webpage at: http://www.epa.gov/compliance/resources/agreements/caa/cafo-agr-0501.html. You may also call Bruce Fergusson at (202) 564-1261 if you have questions about the Agreement. Technical questions about the nationwide air monitoring program and the development of the Agency’s emissions estimating factors for AFOs may be addressed to Sharon Nizich at (919) 541-2825.