Air Consent Agreement Reporting Deadline Approaches

If you signed an Air Consent Agreement with the U.S. Environmental Protection Agency (EPA) that had an attachment describing a farm, or farms, housing 25,000 or more hogs weighing 55 pounds or more or 100,000 hogs weighing under 55 pounds, you must file a one-time report. This is required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) within 120 days executing the agreement with EPA.

Producers were given the opportunity to voluntarily enter into an Air Consent Agreement with EPA beginning in January of 2005 with a sign up deadline of Aug. 12, 2005, notes Allan Stokes, the National Pork Board’s director of environmental programs. “As part of the Agreement, producers agreed to pay a penalty amount, based on the size of their operations, for potential past violations of the Clean Air Act that may have occurred prior to signing the consent agreement.”

The reporting requirement for very large operations (those meeting the size thresholds listed above) was also part of the Agreement. Failure to comply with this reporting requirement may void legal protections offered by EPA for signing the agreement. “However, a one-time extension through September has been granted if you’ve already missed your 120 day reporting deadline,” Stokes says.

Pork Checkoff helps fund air emissions studies
EPA and state agencies are coming under increasing pressure to regulate air emissions from livestock operations. According to a National Academy of Sciences study, however, EPA does not have adequate data about emissions from livestock operations to determine if or when regulations are needed or appropriate under the Clean Air Act or to set science-based regulations. 

“We need to develop sound science-based information and data to fairly and accurately to judge the environmental performance of the pork industry,” Stokes says.
 
As part of the Air Consent Agreement, pork producers (along with broiler chicken, egg and dairy producers) are participating in a National Air Emissions Study (NAEMS) in cooperation with the EPA, which will provide strict oversight for the study. The Pork Checkoff has committed $6 million to pay for the pork portion of the air emissions study.

Gathering air emissions data
An independent, non-profit organization known as the Agricultural Air Research Council (AARC) has been formed to oversee and manage the air emissions research. The AARC board of directors has two representatives from each participating livestock sector, including one member from the National Pork Board and one from the National Pork Producers Council.
 
In addition, Purdue University’s Dr. Al Heber, a nationally recognized expert in air quality monitoring, will lead a team of researchers across the country to complete this air quality monitoring effort in accordance with a detailed and rigorous monitoring plan approved by the EPA. Monitoring is expected to begin in early 2007 and continue for approximately two years. Once completed, EPA will have 18 months to two years to analyze the data.

“If there are going to be emissions regulations in the future, it is best that they be based on the most accurate science available, and producers are helping develop that science,” Stokes says.

For More Information
For more information on the CERCLA reporting deadline please click here: /Environment/Information/LeadStory.asp