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Environmental Appeals Board Approves First Air Compliance Agreements with Animal Feeding Operations
Jan. 30, 2006 - - EPA's Environmental Appeals Board (EAB) today approved the first 20 Air compliance agreements for animal feeding operations (AFOs). Under these agreements, the AFOs will participate in a nationwide project to evaluate the air emissions from animal feeding operations and use this data to develop an effective regulatory program. EPA also is settling liability for certain past violations against AFOs.
Key to the agreements is an EPA-approved monitoring and research study conducted by independent researchers. The study is expected to begin later this year and will provide EPA with a much stronger and more complete body of air emissions science and data that can be used to
develop a sound, reasonable and effective air emissions regulatory program. EPA will use data it gathers to develop emission estimates for farms that can be applied nationwide. EPA also may develop new compliance standards, guidelines and enforcement policies.
EPA began discussions with producers in 2001 on bringing animal feeding operations into compliance with various environmental regulations.
In the Jan. 31, 2005 Federal Register, EPA offered AFOs an opportunity to sign a voluntary consent agreement and final order to resolve potential violations of the Clean Air Act (CAA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) also
known as Superfund, and the Emergency Planning and Community Right to Know Act (EPCRA). Ultimately, 2,681 AFOs, representing more than 6,700 farms in 42 states, signed up to participate in the voluntary agreement by the Aug. 12, 2005 deadline.
The 20 agreements announced today were submitted to the EAB on Nov. 9, 2005, and consisted of 10 swine-raising operations and 10 operations that raise egg-laying birds. The EAB determined that the agreements were consistent with applicable statues and regulations under the federal Clean Air Act (CAA), including penalty provisions.
EPA is evaluating the remaining agreements and plans to send those satisfying the requirements for participation to the EAB for approval as soon as possible.
Based on its evaluation of the agreements thus far, EPA has determined that enough dairies, swine farms, egg-laying operations, and meat-bird operations have signed up to provide a representative sample for the monitoring program. However, EPA has not yet determined whether there
are enough turkey operations for a representative sample. The EAB's approval allows the monitoring study to officially begin developing quality assurance and site-specific monitoring plans for the swine and egg-laying sectors. A nonprofit entity will contract with an independent monitoring contractor (IMC) to implement the monitoring study. The IMC must submit a detailed plan to EPA for review within 60 days of the respondent's receipt of the executed agreement. EPA will then have 30 days to review and approve or disapprove of the plan.
The agreements are the most efficient means to obtain the data needed to determine whether the AFOs are in compliance with federal air emission laws. The monitoring study will begin in 2006 and the emissions-estimating methodologies developed during the study will help EPA develop better tools to assist the agriculture industry and the agency determine AFOs emissions levels and compliance status under the CAA, CERCLA, and EPCRA.
Within 18 months following the conclusion of the monitoring study, EPA will evaluate all data submitted and publish emissions-estimating methodologies for AFOs on a rolling basis. These published emissions-estimating methodologies will allow AFOs to estimate their emissions and comply with federal regulatory requirements. EPA will use the data to bring enforcement actions against AFOs that fail to comply. The result of this process will be improved compliance with the
regulatory schemes and the installation of appropriate controls if necessary. This comprehensive approach will achieve widespread compliance much faster than any other enforcement mechanism.
For more information on the AFO Agreement, go to:http://www.epa.gov/compliance/resources/agreements/caa/cafo-agr-0501.html
Understanding Clean Air Today
The Clean Air Act regulates 6 pollutants (sulfur dioxide, nitrogen oxides, ozone, carbon monoxide, lead and particulate matter). The Kyoto Protocol, negotiated in 1997), which the U.S. has decided NOT to participate in (Clinton/Gore supported, Senate & Bush oppose) because of a threat to our economy, covers 6 greenhouse gases (carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, perfluorinated carbons, and hydrofluorocarbons). New Source Review regulates air pollution from utilities. The Clear Skies Initiative is President Bush's clean air proposal now pending in the U.S. Congress. It has mandatory targets for reducing nitrogen oxides, sulfur dioxide and mercury. It also has a voluntary program for reducing carbon dioxide (and thus, global warming). Both the mandatory and voluntary programs utilize emissions trading.
Emissions Trading (cap & trade) is a market tool for reducing air pollution. A Cap is placed on total emissions from sources of pollution by EPA and businesses are given or sold allowances (credits) based on historical production levels (called grandfathering) or auctioned (sold like radio & television licenses). The current program for sulfur dioxide, under Title IV of the Clean Air Act Amendments of 1990, designed to reduce acid rain, allows for the trading of allowances among utilities for a set price based upon whether the utility reduces emissions below the cap (no need for credits), or exceeds the cap (thus purchasing credits from those below the cap with credits to spare). Cap & trade for sulfur dioxide resulted in almost 100% compliance and was very successful in reducing sulfate deposition.
Environmental Justice concerns are triggered by cap & trade when utilities use credits from clean plants in rural areas to keep old, dirty plants open in minority areas.
Economic Justice concerns are voiced about the Kyoto Protocol by Black business groups.
Carbon Dioxide is a gas released from burning fossil fuels (coal, oil, gas). There are no economically viable methods (such as scrubbers) for reducing carbon emissions per unit of fuel combusted. This is why carbon dioxide reduction is so complex and controversial. There is also the issue of applying allowances "upstream" (coal mines, petroleum refineries, oil importers, natural gas producers and pipelines, etc) or "downstream" (hundreds of millions of users--homes to automobiles).
Sulfur Dioxide. The Clean Air Act of 1990 requires that sulfur dioxide emissions be capped at 8.9 million tons a year and that nitrogen oxide emissions be limited to 2 million tons annually starting in 2008, which is about an 85 percent reduction over what is currently allowable.
Nitrogen Dioxide. The Clean Air Act of 1990 requires that nitrogen oxide emissions be limited to 2 million tons annually starting in 2008, which is about an 85 percent reduction over what is currently allowable.
Current Status: According to the Environmental Protection Agency, between 1970 and 1998, sulfur dioxide emissions dropped by 76 percent, nitrogen oxide emissions fell by 58 percent and particulate matter declined by 96 percent.
Additional Details on Proposed Clean Air Interstate Rule
The Bush administration released a supplement to its proposed Clean Air Interstate Rule, providing additional implementation details, including model cap-and-trade programs for power plants that states may adopt to achieve required emissions reductions. The Clean Air Interstate Rule would establish permanent caps significantly reducing emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) in the eastern United States. In 2015, NOx emissions from the electric power sector would be 65 percent below today's levels. SO2 emissions from that sector would be 50 percent below current levels by 2015 and about 70 percent below when fully implemented.
The proposed supplement provides for the use of a cap and trade program, like the Clean Air Act's Acid Rain program, to ensure complete accountability and transparency as this rule is implemented. Each of the 29 states affected and the District of Columbia must submit a plan to EPA that demonstrates how it will meet its assigned statewide SO2 and NOx emissions budget (i.e., emissions reduction requirements which are provided in the January proposal).
The Clean Air Interstate Rule (proposed in January 2004, formerly the Interstate Air Quality Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone) is a national tool that will help communities achieve clean air and meet the health-based fine particle and 8-hour ozone standards. When combined with the recently completed Clean Air Nonroad Diesel Rule and other national control programs, the reductions required by the Clean Air Interstate Rule will achieve significant regional improvements in air quality and reduce the need for additional local controls.
EPA will take public comments on the supplemental proposal for 45 days after publication in the Federal Register. EPA will also hold a public hearing on June 3 in the Washington, D.C. area to solicit comments. For more information on today's supplemental proposal, the public comment and hearing processes, and the January 2004 proposed Clean Air Interstate Rule, visit: http://www.epa.gov/interstateairquality.
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