EPA Checks in On Air Quality, Indiana Marches on
The EPA issues a press release Tuesday (here), providing an update on its ongoing project to enlist the voluntary participation of CAFO operators in an air quality study program, aimed at determining if and to what extent air emissions from CAFO need to be regulated under the Clean Air Act:
[The] EPA began to realize in the late 1990’s that it didn’t have sufficient air emissions data to determine potential regulatory requirements for AFOs under the Clean Air Act (CAA), so to resolve the situation it began discussions with AFOs owners in 2001.
These discussions led to a Jan. 31, 2005 EPA Federal Register notice offering individual AFOs an opportunity to voluntarily sign– by Aug. 12, 2005– a consent agreement committing them to conduct a nationwide study to monitor and get a better handle on the nature of their air emissions. This consent agreement also resolves certain air violations under the Clean Air Act, as well as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) – also known as Superfund – and the Emergency Planning and Community Right-to-Know Act (EPCRA).
EPA’s Environmental Appeals Board (EAB) just approved the two final voluntary agreements, making a total of 2,568, representing 1,856 swine, 468 dairy, 204 egg-laying, and 40 broiler chicken (meat-bird) operations. These 2,568 agreements represent 6,267 farms (an AFO can include more than one farm). Now the industry-led monitoring survey can proceed; it is expected to begin this winter.
The carrot for CAFO operators to enter the program is the EPA’s agreement to abstain from bringing enforcement actions against enrolled operators during the study period (see the Agreement(PDF) read the Fact Sheet). Once the study is complete, the EPA will take up to 18 months to issue methods for evaluating CAFO emissions under the Act.
Meanwhile, Indiana is moving forward with its plan to provide protection for CAFO operators from nuisance lawsuits from neighbors, once they start operations. Producers can now enroll in a pilot program for the Certified Livestock Producer Program (they are looking for 2 to 3 producers for each species). Participation in the program is voluntary, but if the producer enrolls, and meets certain conditions, the are entitled to recoup their attorney fees if they successfully defend themselves from a nuisance lawsuit. Indiana Pork has a link to a PowerPoint presentation on the program.
