Archives

• Second EPA Redraft of Safe Harbor Agreement (December 18, 2003) -- This redraft is dated December 10, 2003, and is the final version EPA is circulating to interested stakeholders for comment before publication in the Federal Register. Click here for a redline/strikeout version dated December 8, 2003, which EPA discussed with CAPCOA at a meeting.
   
• Letter from CAPCOA to EPA regarding proposed safe harbor agreement (December 16, 2003) -- The letter outlines CAPCOA's significant concerns with the safe harbor agreement. CAPCOA urges EPA to reconsider the fundamental concepts of the draft agreement. CAPCOA lists four broad policy implications that it believes must be addressed if this effort is to be successful. These include: (1) the use of enforcement immunity, including need, scope, and environmental benefit; (2) clearer articulation of authorities and implementation for federal, state, and local agencies; (3) public acceptance of the process and the resulting data; and (4) integration between EPA efforts and the process mandated by California law.
   
• Sierra Club v. Tysons Food District Court Decision (November 12, 2003) -- This case concerns allegations that Tysons violated the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) by failing to report ammonia emissions from certain chicken production facilities. One of the defenses raised by Tysons is that since there is (1) no generally accepted methodology or model for estimating the amount of ammonia chicken production facilities emit, and (2) EPA is currently addressing the issue of whether there is reliable science to determine whether reporting is required, as a result, Tysons is not required to report emissions. The U.S. District Court, Western District of Kentucky, disagreed, saying there is nothing in the law that exempts Tysons from the CERCLA and EPCRA reporting requirements. Furthermore, that EPA has chosen not to enforce these provisions does not mean that a citizen can't - that is the whole purpose of citizen suits. Among other issues of interest decided by the court, the court held that actual or constructive knowledge of a release of a reportable quantity creates a duty to report.
   
• Methane Energy Recovery on Iowa Farms (November 6, 2003) -- includes information on projects on a dairy farm and a swine farm to use methane to generate electricity and reduce odor.
   
• Science and Policy Forum: Ammonia Pollution and Fine Particles (November 4, 2003) -- Environmental Defense hosted a forum on ammonia to understand its effect on fine particle formation, visibility, human health and the environment. Click here for a copy of Carnegie Mellon University Professor Cliff Davidson's presentation on CMU's development of an ammonia emissions inventory for the eastern U.S. Click here for a copy of CMU Professor Spyros Pandis' presentation on ammonia and atmospheric chemistry. Click here for Harvard School of Public Health Professor Jonathan Levy's presentation on the public health implications of ammonia emissions. Click here for National Park Service representative Mark Scruggs' presentation on the role of ammonia/ammonium in visibility assessments. Click here for University of Colorado Professor Herman Sievering's presentation on nitrogen deposition and forest growth. Click here for EPA representative John Bachmann's presentation on policy considerations related to ammonia and PM NAAQS.
   
• Environmental Law Forum Article on Pollution from Factory Farms (October 29, 2003) -- This article includes a discussion of EPA's proposed safe harbor agreement and new CAFO water rules, along with information about the types of water and air pollution problems caused by factory farms.
   
• Resolution Regarding Nonroad Diesel Rule Adopted by USDA Agricultural Air Quality Task Force (October 6, 2003) -- This resolution requests that the U.S. Department of Agriculture be directly involved with EPA in the promulgation of the final version of the nonroad diesel rule, and this involvement should include consultation on the proposed rule's impact on farming and ranching operations, and the agricultural sector as a whole.  The USDA Agricultural Air Task Force adopted this resolution at its meeting in August 2003.
   
• California's SB 700 Regarding Agricultural Air Emissions (September 22, 2003) -- The purpose of California's SB 700 is to establish a new set of programs at the state and regional levels to reduce air emissions from agricultural sources in order to protect public health and the environment. The bill states that it is the intent of the California legislature to require the State Air Resources Board and air quality management districts and air pollution control districts in the state to regulate stationary, mobile, and area sources of agricultural air pollution. California's governor signed this bill into law on September 22, 2003. This law removes the permitting exemption for agricultural sources. Click here for a summary of the bill prepared by Barbara Lee, the APCO at Northern Sonoma APCD.
   
• Letter from Environmental Groups Urging EPA to Control CAFO Air Emissions (September 2, 2003) � In this letter, several environmental groups urge EPA to �immediately take steps to monitor and control air emissions from concentrated animal feeding operations (CAFOs).� The Environmental Integrity Project, the Sierra Club, the Midwest Environmental Advocates, Inc., Our Children�s Earth Foundation, the Center on Race, Poverty & the Environment, among others, also asked EPA to lift its moratorium on initiating CAFO Clean Air Act (CAA) investigations and enforcement. In particular, the groups urge EPA to 1) file complaints against Buckeye Egg Farms, L.P. and Seaboard Farms, Inc. for violating the Clean Air Act; and 2) investigate air emissions at other CAFOs that present the greatest risk to public health or the environment. Click here for Appendix A, which lists the facilities the groups recommend EPA investigate the air emissions of. Click here for Appendix B, which details the criteria the groups used to come up with the list in Appendix A.
   
• EPA's Response to STAPPA/ALAPCO Letter on Safe Harbor Agreement and Fugitive Emissions Policy (June 24, 2003) -- This is EPA's response to the letter STAPPA/ALAPCO sent on April 7, 2003, to express our serious concerns with (1) a �safe harbor� agreement between EPA and animal farming operations and (2) a policy that would deem most agricultural air emissions �fugitive� emissions, thus obviating the need for most large or medium-sized agricultural operations to obtain a Title V permit or comply with major or minor source control requirements. Identical letters were sent to the presidents of STAPPA and ALAPCO.
   
• Air Quality and Emissions from Livestock and Poultry Production/Waste Management Systems (May 21, 2003) -- This paper summarizes the available literature on the concentrations and emissions of odor, ammonia, nitrous oxide, hydrogen sulfide, methane, non-methane volatile organic carbon, dust, and microbial and endotoxin aerosols from livestock and poultry buildings and manure management systems (storage and treatment units). It was written in August 2002.
   
• Review of Emission Factors and Methodologies to Estimate Ammonia Emissions from Animal Waste Handling (May 21, 2003) -- This report summarizes and discusses recent available U.S. and European information on NH3 emissions from swine farms and assesses the applicability for general use in the U.S., and North Carolina in particular. In addition, limited information on NH3 emissions from farm animals other than swine is included, as well as some information on methane emissions from anaerobic animal waste lagoons and nitrous oxide emissions from swine waste spray fields. The temporal cut-off is 1994. It was published in April 2002.
   
• Recommended Improvements to the CMU Ammonia Emissions Inventory Model for Use by LADCO (May 21, 2003) -- This study was sponsored by the Lake Michigan Air Directors� Consortium (LADCO) to provide guidance and recommendations for revisions that improve the performance of the Carnegie Mellon University (CMU) ammonia emissions model for the LADCO region. It was published in March 2003.
   
• Development of an Updated Gridded Ammonia Emission Inventory for the South Coast Air Basin (May 21, 2003) -- In support of the South Coast Air Quality Management District�s (SCAQMD) 2000 Air Quality Management Plan (AQMP), ATC Associates and ENVIRON International Corporation were contracted to develop an updated ammonia emission inventory. The updated inventory is focused on those source categories which produce over 10% of the 1987 inventory as well as potential new sources. The improvements included revised methodologies, emission factor and activity data and spatial allocation based on an evaluation of existing ammonia inventories as well as a review of relevant literature.
   
• PowerPoint Presentations on the recent developments of Air Emissions from Animal Feeding Operations (May 13, 2003) -- Shelley Kaderly (Nebraska) and Susan O'Keefe (EPA) gave these presentations at the STAPPA/ALAPCO Spring 2003 Membership Meeting in Baltimore, Maryland.
   
• STAPPA/ALAPCO Comments on Proposed Rule to Classify Diesel Agricultural Engines in California as Nonroad (May 12, 2003) � The associations� comments on EPA�s Direct Final and Proposed Rules, as published in the Federal Register on April 11, 2003 (68 FR 17741 and 17763).
   
• CAFO Air Emissions White Paper (May 12, 2003) -- This paper was written by the Rockefeller Family Fund's Environmental Integrity Project. It describes the consolidation of animal farming, harmful health effects of CAFO air emissions, EPA and state regulation of CAFOs, and possible emission controls.
   
• Letter from Senator Edwards (NC) on safe harbor proposal and fugitive emissions policy (May 9, 2003) --- In this letter to EPA Administrator Whitman, Senator John Edwards (North Carolina) expresses his �grave concerns� with EPA�s negotiations with the animal farming industry to conclude a safe harbor agreement and EPA's consideration of a policy that would permanently exempt most animal farming operations from the Clean Air Act by deeming emissions from barns and lagoons fugitive emissions.  He requests that EPA immediately dissolve any secret agreements and halt any rulemaking or policy formation pending a full notice and comment period and that EPA immediately provide him with all records and documents concerning both the �safe harbor� and �fugitive emission� issues.  The letter mentions STAPPA/ALAPCO's concerns.
   
• Letter to EPA from environmental groups on safe harbor proposal and fugitive emissions policy (May 9, 2003) -- This letter was sent to EPA by a consortium of environmental groups, including the Environmental Integrity Project, Environmental Defense, the Natural Resources Defense Council, and the Sierra Club. In it the groups criticize the "closed-door" negotiations with the animal farming industry to conclude a safe harbor agreement and EPA's consideration of a policy that would permanently exempt most animal farming operations from the Clean Air Act by deeming emissions from barns and lagoons fugitive emissions. Their letter was prompted by the letter STAPPA/ALAPCO sent on April 7, 2003 that disclosed the safe harbor agreement and contemplated fugitive emissions policy. The groups also submitted a FOIA request to EPA for relevant documents. Click here for a link to a press release issued by the groups and other relevant documents.
   
• EPA�s Direct Final Rule to Change Definition of Nonroad Engines in California to Include Stationary Diesel Ag Engines (April 8, 2003)
   
• Letter to EPA Administrator on Safe Harbor Agreement and Fugitive Emissions Policy (April 8, 2003) -- STAPPA and ALAPCO sent a letter to EPA Administrator Christine Todd Whitman to express our serious concerns with (1) a �safe harbor� agreement between EPA and animal farming operations and (2) a policy that would deem most agricultural air emissions �fugitive� emissions, thus obviating the need for most large or medium-sized agricultural operations to obtain a Title V permit or comply with major or minor source control requirements. STAPPA and ALAPCO requested a meeting with Administrator Whitman to discuss these two potential policy developments. The �safe harbor� agreement that EPA is about to enter into is almost identical to the industry proposal with which STAPPA and ALAPCO had many concerns. In addition, EPA is contemplating a policy that would permanently exempt many agricultural air emissions from regulation by deeming them fugitive emissions.

• STAPPA/ALAPCO Comments on Proposed EQIP Rule (March 12, 2003) -- This file contains the comments the STAPPA/ALAPCO Agriculture Committee submitted on the proposed rule to implement the Environmental Quality Incentives Program (EQIP), through which the government provides financial assistance to farmers and ranchers who face threats to soil, water, air and related natural resources on their land. The Committee commented that it welcomes the inclusion of reduction of emissions of air pollutants as one of the national priorities for funding under EQIP. However, it recommends redefining this priority to include (1) reducing emissions that contribute to local and state air quality problems (for example, violations of state and local air quality standards or nuisance regulations), not just reducing emissions that contribute to air quality impairment violations of the National Ambient Air Quality Standards, and (2) ammonia, hydrogen sulfide and methane as emissions to target for reductions, rather than just particulate matter, nitrogen oxides, volatile organic compounds, and ozone precursors and depleters. The Committee also suggested in its comments that, given this priority on air emissions, the State Technical Committee (which advises NRCS on the program) include representatives of state air agencies. Click here for the Federal Register notice announcing the proposed rule.

• Presentations from Agriculture, Smoke Management, and Air Quality Workshop (February 27, 2003) -- This link takes you to a web page where you can access presentations from the workshop, which was held in Washington, D.C. on February 5 - 6, 2003.

• Wildland Fire in Ecosystems: Effects of Fire on Air (February 27, 2003) -- This is an excellent reference fire emissions and their impacts, published in December 2002 by the U.S. Department of Agriculture's Forest Service.
• Air Emissions from Animal Feeding Operations: Current Knowledge, Future Needs, Final Report (December 12, 2002) -- This is the National Research Council's final report on estimating air emissions from animal feeding operations. It concludes that the current "emissions factor" approach for estimating and tracking the rates and fate of air emissions should be replaced with a process-based modeling approach with mass-balance constraints. It also calls for significantly more research, including a long term research program on the overall system of producing food from animal feeding operations with the goal of eliminating undesirable air and other emissions from the environment. Priorities should be set for short and long term research that focus on the emissions of most concern (the report identifies odor, PM and hydrogen sulfide as important on the local scale; ammonia, nitrous oxide and methane on the regional, national and global scale). The report also concludes that, while additional research is needed to evaluate the effectiveness of mitigation technologies, the implementation of technically and economically feasible management practices (a few of which the report identifies -- see especially pp. 36 - 40) should not be delayed. Click here for a summary of the report

• PowerPoint Presentation at the STAPPA/ALAPCO Fall 2002 Membership Meeting (October 8, 2002)
  CAFOs: The Latest Developments and Options for Next Steps
  - STAPPA/ALAPCO's CAFO Emissions Monitoring and Environmental Compliance Agreement by Shelley Kaderly (Nebraska)

• Environmental Violations at Animal Feeding Operations (August 14, 2002) - This is a report issued by the Sierra Club documenting numerous environmental violations at animal feeding operations, including concentrated animal feeding operations (CAFOs). Information is accessible by state and operator.

• Industry Monitoring Proposal in Exchange for Waiver of Enforcement (June 24, 2002)-- This is a proposal by animal agriculture industry for a program of air emissions monitoring coupled with protection from enforcement actions based on air emissions that may be subject to CERCLA and Clean Air Act regulation. If you would like a copy of this confidential document, please contact Amy Royden at aroyden@4cleanair.org.

• Interim Report of the NAS Committee on CAFO Air Emissions (June 7, 2002) - The NAS Committee on CAFO Air Emissions concluded that the model farm construct used by EPA for estimating emissions from animal feeding operations has several deficiencies. (The model farm construct is used in EPA’s Air Emissions From Animal Feeding Operations.) The NAS Committee found weaknesses in the data needed to implement the model farm construct, and found that the construct did not adequately consider geographic and climatic differences, daily and seasonal weather cycles, animal life stages, management approaches, and differences in state regulations. For these reasons, it said the model farm construct cannot be supported for estimating emissions from individual farms or on a subregional or regional basis. The Committee suggested that a process-based model farm approach that incorporates “mass balance” constraints for some of the emitted substances, in conjunction with estimated emission factors for other substances, might be a useful alternative. The report also found that proposed EPA regulations on water quality might affect rates and distributions of air emissions from animal feeding operations. For example, nitrogen emissions may increase. The NAS Committee’s final report is due at the end of 2002.

• Summary of USDA Agriculture Air Quality Task Force Emission Factor Survey Results (May 15, 2002) -- This is a summary of the emission factor survey results (and raw data) presented to the USDA Agricultural Air Quality Task Force earlier this month by the Task Force's Emission Factor Subcommittee. The survey ranks areas listed by respondents as priorities for emission factor development.

• Section 114 Letter to Seaboard Farms and Mission Funding (April 12, 2002) - This is the letter EPA sent to Seaboard Farms and Mission Funding using authority under section 114(a)(1) of the Clean Air Act, requiring Seaboard and Mission to install and use monitoring equipment and sample emissions at certain swine CAFOs. Click here for the Quality Assurance Plan.

• Agriculture-Air Quality Survey Results (February 13, 2002) -- This document reports the results of the survey we conducted to collect information on regulation by state and local air agencies of air pollution/emissions from agricultural sources. (The survey was entitled "Draft Questionnaire to STAPPA/ALAPCO Members Regarding Agricultural Production and Air Quality Information").

• Summary of Presentations from Agricultural Burning Session at STAPPA/ALAPCO Spring 2001 Membership Meeting

• Presentations from Agricultural Burning Session at STAPPA/ALAPCO Spring 2001 Memvership Meeting. To view Eric Skelton's (Spokane, WA) presentation, click here. To view Don McNerny's (CA) presentation, click here .

• STAPPA/ALAPCO List of State and Local Limitations on Regulating Agricultural Sources of Air Pollution (March 22, 2001) -- List of State and Local regulatory limits on controlling air pollution from agricultural sources.

• STAPPA/ALAPCO Agriculture Committee List of Topics\Issues (February 22, 2001) -- This document lists the issues Committee Members have identified to cover for the associations.

• STAPPA/ALAPCO Agriculture Committee Jurisdictional Statement (January 26, 2001).

• EPA Documents Related to Regulating Chicken Egg Farm -- These documents include a Section 114 Information Request from EPA Region 5 to Buckeye Egg Farm (Ohio) and EPA Region 5's Finding of Violation and Notice of Violation to Buckeye Egg Farm.

• Iowa Department of Public Health White Paper on Risks from Large-Scale Livestock Operations in Iowa (January 2001) -- This document outlines health risks from large hog CAFOs in Iowa.