EPA
Announces
Air
Quality
Compliance
Agreement
for
Animal
Feeding
Operations
Contact:
Cynthia
Bergman
202­
564­
9828/
bergman.
cynthia@
epa.
gov
Note
on
June
22,
2005:
several
of
the
dates
in
this
initial
news
release
have
changed.
Please
see
the
updated
page
for
current
information.

(
Washington,
D.
C.­­
01/
21/
05)
The
Environmental
Protection
Agency
today
announced
an
air
quality
compliance
agreement
to
address
emissions
from
certain
animal
feeding
operations,
also
known
as
AFOs.
This
agreement
is
part
of
the
Agency's
ongoing
effort
to
minimize
air
emissions
from
animal
feeding
operations
and
to
ensure
those
operations
comply
with
the
Clean
Air
Act
and
other
laws.

"
This
agreement
is
a
huge
step
forward,"
said
Thomas
V.
Skinner,
EPA's
Acting
Assistant
Administrator
for
Enforcement
and
Compliance
Assurance.
"
It
will
allow
us
to
reach
the
largest
number
of
AFOs
in
the
shortest
period
of
time
and
ensure
that
they
comply
with
applicable
clean
air
requirements."

The
purpose
of
the
agreement
is
to
ensure
that
AFOs
comply
with
applicable
environmental
requirements
and
to
gather
scientific
data
the
Agency
needs
to
make
informed
regulatory
and
policy
determinations.
The
agreement
will
establish
an
industry­
funded
emissions
monitoring
program
that
will
help
provide
this
information,
leading
to
better
tools
to
help
the
farm
industry,
the
U.
S.
Department
of
Agriculture,
and
EPA
determine
the
compliance
status
of
feeding
operations.

I
n
recent
years,
the
increased
size
and
consolidation
of
agricultural
operations
including
poultry,
swine
and
dairy
operations
have
been
the
focus
of
an
increasing
number
of
citizen
complaints
and
concern
about
possible
health
impacts.
A
2002
report
by
the
National
Academy
of
Sciences
called
on
EPA
to
improve
its
method
for
estimating
emissions
from
AFOs
 
a
key
step
in
mitigating
air
pollution
from
those
operations.

The
emissions
of
air
pollutants
and
hazardous
substances
from
certain
feeding
operations
may
be
subject
to
requirements
of
the
Clean
Air
Act
and
notification
provisions
of
the
Comprehensive
Environmental
Response,
Compensation
and
Liability
Act
(
CERCLA),
and
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA).
Though
EPA
previously
has
brought
Clean
Air
Act
enforcement
actions
against
AFOs,
more
data
are
necessary
to
determine
whether
operations
are
in
violation,
the
nature
and
extent
of
any
violations
and
the
best
practices
to
control
industry­
wide
emissions.

AFO
operators
participating
in
the
agreement
will
pay
a
civil
penalty
of
between
$
200
and
$
100,000,
based
on
the
size
and
number
of
farms
in
their
operation,
and
also
will
contribute
to
a
fund
that
will
cover
the
cost
of
the
two­
year
emissions
monitoring
program.
Qualifying
AFOs
may
sign
up
to
participate
within
90
days
following
publication
of
the
agreement
in
the
Federal
Register.

Data
from
the
monitoring
program
will
help
EPA
develop
a
method
for
estimating
emissions
from
different
types
and
sizes
of
feeding
operations.
Once
these
methods
have
been
established,
operators
will
be
required
to
apply
for
all
applicable
air
permits,
install
all
needed
controls,
implement
all
required
practices,
and
otherwise
come
into
full
compliance.

Though
participating
AFOs
will
not
be
sued
for
past
violations,
provided
that
they
comply
with
specific
conditions,
the
agreement
does
not
limit
EPAs
ability
to
take
action
in
the
event
of
imminent
and
substantial
danger
to
public
health
or
the
environment.
AFOs
that
are
the
subject
of
current
enforcement
actions
may
be
barred
from
joining
the
study.
The
agreement
also
preserves
state
and
local
authorities'
authority
to
enforce
local
odor
or
nuisance
laws.

EPA
will
accept
public
comment
on
the
agreement
for
30
days
following
publication
in
the
Federal
Register.
For
information
on
how
to
submit
comments,
go
to
http://
www.
epa.
gov/
compliance/
agreements/
afo
#
#
#

Release
date:
01/
21/
2005
