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 EPA AIR EMISSIONS CONSENT AGREEMENT |
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 Make an Informed Decision:
EPA Air Emissions Consent Agreement
Recently, the Environmental Protection Agency (EPA) announced an offer to livestock farmers to participate in a voluntary “Air Emissions Consent Agreement.” Farmers who sign the agreement will be provided some protections from enforcement for prior violations of three federal air quality laws.
The offer is open until AUG. 12, 2005 to swine, dairy and poultry producers who raise animals inside barns and to persons who contract with producers to raise animals. Livestock producers need to consider this opportunity carefully. Many farms, not just the state's largest farms, may be impacted by the EPA Agreement. Not doing anything is a decision — so please make it an informed one.
You and only you are responsible for the decision made regarding your operation. The Iowa Farm Bureau would like to help you navigate your way through the maze of information and regulations impacting your operation. This site will be updated regularly as more information becomes available, so please check back.
– Download a copy of the consent agreement
About the Air Emission Consent Agreement
The agreement addresses the potential liability of livestock owners and producers for alleged past and future violations of the Clean Air Act (CAA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-To-Know Act (EPCRA). The EPA believes that this agreement is the fastest way to get the largest number of producers into compliance with these federal air laws. The alternative is for EPA to pursue enforcement actions against individual producers. Fines for violations of each of these federal statutes can range up to $27,500 per day.
Background
Historically, federal air quality laws were written and enforced against smokestack industries. In recent years, the federal Environmental Protection Agency (EPA) has received pressure to regulate livestock operations through these federal air quality laws. In 2003, the National Academy of Sciences (NAS) released a report calling for EPA to improve its methods for estimating livestock operation emissions. The purpose of the study accompanying the agreement is to provide the EPA with better data to determine which livestock operations meet or exceed the thresholds in the federal air quality laws.
EPA and activist groups have also brought enforcement actions against livestock operations in the past few years. Allegations were made in these legal actions about violations of:
- The Clean Air Act (CAA) for not getting or applying for the appropriate permits;
- The Comprehensive Environmental
Response, Compensation and Liability Act
(CERCLA) for not reporting releases of pollutants, and
- The Emergency Planning and Community Right-To-Know Act (EPCRA) for not reporting releases of pollutants;
As a result of these cases, it seems that livestock operations are not exempt from the federal air laws.
There is no blanket exemption for agriculture from these air laws. CERCLA and EPCRA have some agriculture related exemptions, but none has been found to apply to air emissions from livestock and poultry operations.
Further, the burden of proving compliance with the federal air quality laws is likely on the producer to install and operate air monitors to demonstrate the level of emissions.
Decision Making Considerations
Farm Bureau neither endorses nor opposes the agreement. The terms of the agreement and study may benefit some producers and be a burden to others – either way, participation is completely voluntary. Farm Bureau is providing objective information on the agreement and study as a service to our members who may be individually considering the merits of participation.
Ultimately, individual legal, financial and personal circumstances and experience should dictate whether a producer or operation chooses to participate in the agreement. Anyone considering the agreement is strongly advised to discuss their potential participation with a trusted attorney who understands the circumstance of that operation or producer.
EPA suggests that a rule of thumb to determine whether an operation should participate in the program is whether they have reason to believe that they are already subject to reporting EPCRA and CERCLA reporting requirements (hazardous releases to the air of 100 pounds a day or more). However, operations may not know what their emissions levels are so other factors must be considered.
- Is the operation a likely target for a regulatory violation of any kind – i.e., “high visibility” area, other nearby farms targeted, neighbor complaints or regulators' attention?
- Is the operation significant in size, scale or possible emissions, and likely to be regulated now or in the future ? Large CAFOs are defined as those with 2,500 swine weighing more than 55 pounds or 10,000 swine weighing less than 55 pounds, 82,000 laying hens, 125,000 broilers, 55,000 turkeys, 700 mature dairy cows, or 1,000 dairy heifers. DNR has a database of confinement operations larger than 500 animal units which are already regulated under state law.
- Can the operation afford the “penalty fee” and study funding apportionments ? Under the agreement, any operation consisting of only one farm that is below the threshold for a "large” Concentrated Animal Feeding Operations (CAFO) under the Clean Water Act, would pay the $200 penalty. Operations with multiple farms pay $500 or $1,000 per farm, depending on the size. Operations with more than 200 farms will pay the $100,000 maximum penalty fee.
Recent research data has been made available for some species and some types of housing and manure storage to provide a rough estimate of what EPA may require in the future. Two recent United States Department of Agriculture research projects estimated emissions for swine, egg laying and broiler operations. The complete research is anticipated to be published this summer, but preliminary data has been made available to assist farmers in making this important decision. Below are tables of rough estimates of the size of operation with the type of housing and manure storage that may be subject to CERCLA and EPCRA reporting requirements.
Air Emission Monitoring Program
The main pollutants in question are hydrogen sulfide, ammonia, volatile organic compounds, and particulate matter. After Aug. 12, 2005, 16 static monitoring sites will be selected from among the agreement participants. Signing the agreement means there is a slight possibility your farm will be monitored for the study. After the two year study period on air emissions from livestock farms, the EPA will analyze the data and develop methods to estimate air emissions. Federal regulations will then be developed and adopted describing which requirements, if any, certain animal feeding operations must meet. The federal requirements adopted at the end of this period will need to be met regardless of whether a livestock farmer participates in the agreement.
EPA Monitoring Protocol
Cost of sign-up
There is an associated monetary cost to signing up for the agreement. To execute a contract, consideration for the contract must be given. The consideration under this contract takes on two direct forms: a monetary civil penalty and a research fee.
To participate, producers with more than one farm or with one farm with more than 1000 animal units must pay $500 per farm. Producers with one operation less than 1000 animal units must pay $200. Farms larger than 10,000 animal units must pay $1000 per farm. If it's applicable, both contract growers and the owner of the animals must participate in the agreement separately.
| Penalty Schedule for Participation in the Air Emissions Consent Agreement |
| One farm less than the below listed quantities |
$200 |
| More than one farm or farm with more than the below listed quantities |
$500 |
For each farm with more than 10 times the below listed quantities:
- 700 mature dairy cows, whether milked or dry;
- 1000 cattle, including but not limited to heifers, steers, bulls, veal valves and cow/calf pairs
- 2500 swine, each weighing 55 pounds or more
- 10,000 swine each weighing less than 55 pounds
- 500 horses
- 10,000 sheep or lambs
- 55,000 turkeys
- 30,000 laying hens or broilers, if the farm uses a liquid manure handling system
- 125,000 chickens (other than laying hens), if the farm uses other than a liquid manure handling system
- 82,000 laying hens, if the farm uses other than a liquid manure handling system
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$1000 |
In addition, a research fee of up to $2500 must be paid for each farm by the participants to the agreement. The National Pork Board has set aside $6 million to cover the research fee for pork producers. American Egg Board has set aside $2.8 million to cover the research fee for egg producers.
A petition has been filed with the U.S. Secretary of Agriculture challenging the use of checkoff funds for this purpose. If the petition is granted, participants raising swine and eggs will likely have to pay their share of the research fee.
Dairy, broiler and turkey producers at this time are responsible for paying their own research fee.
Producers need to make a conscious decision about whether to participate or not participate in the agreement. Not doing anything is a decision; please make it an informed decision. Producers are encouraged to seek specific legal advice as to the advisability of entering into this consent agreement for their operations.
Agreement sign-up process
The Animal Feeding Operations Air Quality Consent Agreement deadline is Aug. 12, 2005. After making a decision to sign-up for the consent agreement, the process for signing up is relatively straightforward. First a determination will need to be made about how you will sign up your operation, as one farm or more than one farm. Interested producers should follow certain steps to make sure that their signed consent agreements are received in a timely fashion.
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| KEY DATES |
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Aug. 12
DEADLINE to participate
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| LEARN MORE |
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| HEADLINES |
Airing out the air emissions study debate
APRIL 9, 2005 — Iowa pork producers have a number of questions about a federal air consent agreement to monitor emissions from swine, dairy, chickens and turkey facilities.
“I don’t believe you should be in a hurry (to sign up),” said Eldon McAfee, legal counsel for the Iowa Pork Producers Association (IPPA). “Wait to get as much information as you can.
“I’ve spoken at quite a few seminars. This area is still something we’re feeling our way through. Every time I read the agreement, I find something new,” he added.
The IPPA and Iowa State University Extension sponsored a three-hour telecast over the Iowa Communications Network on March 29 on the air consent agreement between the livestock industry and the U.S. Environmental Protection Agency (EPA). Read more…
Hog farms 2,000 head or more urged to look at EPA air consent agreement
APRIL 2, 2005 — Pork producers with grow-finisher farms feeding approximately 2,000 head with deep-pit manure storage should strongly consider signing up for a federal air consent agreement before Aug. 12.
Recommendations from Iowa State University (ISU) are that operations this size, and above, have the potential to emit ammonia levels that exceed federal environmental laws.
The recommendations are based on findings from a two-year study that ISU and five other universities conducted for the U.S. Department of Agriculture (USDA).
The U.S. Environmental Protection Agency (EPA) audited the ISU study and will use the findings in setting new federal air emission standards for livestock farms after measuring both barn and storage system emissions. Read more…
EPA extends deadline for consent agreement sign-up
MARCH 26, 2005 — Livestock producers now have until Aug. 12 to consider signing up for a federal air emissions study. They need to examine the proposal and make an informed decision.
The U.S. Environmental Protection Agency (EPA) extended the sign-up period. They also extended the public comment period from April 1 to May 1.
The $15 million, two-year study is to be conducted by the U.S. Environmental Protection Agency (EPA) and several state universities, including Iowa State University.
The study is open to pork, dairy, broiler, egg-laying and turkey producers. Cattle in open feedlots will not be part of the study. About 28 livestock farms, including two pork sites in the Midwest, will be selected for the study. Read more…
Farmers deciding whether to participate in EPA study
FEB. 5, 2005 — Livestock producers will have a short, 90-day window to decide whether to participate in a federal study of air emissions from livestock operations.
The U.S. Environmental Protection Agency (EPA) and livestock farmers will work together in a two-year study, which was announced Jan. 21. The EPA will then set emission standards under the 117-page agreement.
The agreement was ironed out over several years by the National Pork Producers Council and the United Egg Board with the EPA.
“This agreement is a huge step forward,” said Thomas Skinner, the EPA's acting assistant administrator for enforcement and compliance assurance.
The agreement spells out how data will be collected from 28 representative livestock farms representing swine, dairy and poultry.
Producers who enter the agreement receive safe harbour for emission violations during the past five years. This prevents any EPA enforcement action until the study is completed. Read more… |
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