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Concentrated Animal Feeding Operations (CAFO) Air Emissions Consent Agreement

Concentrated Animal Feeding Operations (CAFO) Air Emissions Consent Agreement. Larry Elmore Office of Air Quality Planning and Standards, EPA Presentation at the National Air Quality Conference February 2007. Agreement Overview.

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Concentrated Animal Feeding Operations (CAFO) Air Emissions Consent Agreement

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  1. Concentrated Animal Feeding Operations (CAFO) Air Emissions Consent Agreement Larry Elmore Office of Air Quality Planning and Standards, EPA Presentation at the National Air Quality Conference February 2007

  2. Agreement Overview • EPA & USDA asked National Academy of Science (NAS) to conduct the AFO air emissions study • NAS study conclusions: • No reliable emission factors for CAFOs exist • Additional data needed to develop estimating methodologies • Current methods for estimating emissions not appropriate • Use process-based approach • Consent agreement developed in response to: • Public concerns • NAS report • Consent agreement developed by: • EPA • Industry representatives • Proposed agreement coordinated with: • Agricultural industry representatives • State & local government officials • Environmental organizations • Citizen groups

  3. Agreement Overview (cont) • What is the Agreement? • Voluntary consent agreement open to contract growers and integrators. • Industry funded study. • Targeted CAFO sectors: • Swine • Poultry • Layers • Broilers • Turkey • Dairy • Signup closed August 12, 2005 • Information available at: • www.epa.gov/fedrgstr • www.epa.gov/airlinks/airlinks3.html • www.epa.gov/compliance/resources/agreements/caa/cafo-agr-0501.html

  4. Monitoring Study - Signups • EPA received approximately 2,700 agreements representing over 13,000 farms.

  5. Monitoring Study - Overview • Purpose: gather data for developing emission estimating methodologies • Funding provided by participating CAFOs • Monitor for: • Particulate matter • Hydrogen sulfide • Volatile organic compounds • Ammonia • Monitoring anticipated to begin in Spring 2007 and continue for 2 years. • Data made available to the public after it has undergone EPA quality assurance procedures.

  6. Monitoring Study – Site Selection • Focuses on three CAFO sectors • Swine • Poultry • Dairy • Types of operations • Sow, nursery, finisher (swine) • layers, broilers, hatchery, pullet (poultry) • Dairy • Manure Management Techniques • Liquid system • Solid system • Regional representation • Proximity to potential principal investigators • Agency oversight

  7. Monitoring Study – Site Selection

  8. Monitoring Study – Work Plan Development • EPA has approved the monitoring plan & sites: • Approved on November 29, 2006 • Plan included: • Quality Assurance Project Plans (1 each for lagoons and barns) • Standard Operating Procedures (76 unique SOP’s drafted) • 24 monitoring sites approved • EPA anticipates monitoring will begin in Spring ‘07

  9. What’s Next? • Order equipment and assemble monitoring trailers – 6 months • Train staff and mobilize equipment to the field – concurrent w/ above • Begin data collection – staggered throughout Spring 07 + 2 years • Complete data analysis and publish Emission Estimating Methodologies – 18 months after completion of data collection • Development of a website for posting information about this study

  10. Overlooked Facts • The Agreement is not a rulemaking effort. • The Agreement does not: • Affect EPA’s ability to respond if public health, welfare or the environment are endangered; • Provide protection from criminal violations of environmental laws; • Affect compliance by CAFOs with any requirement of the Clean Water Act; and • Affect States’ or citizens’ ability to enforce compliance with State laws.

  11. Overlooked Facts (con’t) • Participants receive a limited “covenant not to sue” for past violations of the CAA permitting requirements; and CERCLA and EPCRA hazardous substance reporting requirements. • However the Covenant: • Applies only to past violations and terminates shortly after monitoring study is complete; • Covers only violations related to emissions from agricultural waste at emission units located at participating farms; and • Is nullified if the CAFO fails to comply with State nuisance orders.

  12. Overlooked Facts (con’t) • The Covenant does not: • Cover emissions from sources not participating in the agreement; • Cover land application or other sources; and • Affect permit requirements for new or modified sources. • A CAFO subject to certain Federal or State enforcement actions may not be eligible to participate in the Agreement.

  13. Contacts • Ag. air quality issues – • OAQPS Communication: • Alison Davis, 919/541-7587

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