IMPORTANCE
The Air Emissions Consent Agreement is a landmark pact between the livestock sector and the U.S. Environmental Protection Agency (EPA). It includes a two-year benchmark study of the air emissions from livestock and poultry operations across the country. Findings from the study will allow EPA to set scientifically based emissions standards for farms. The agreement also provided legal protections for producers from past emissions violations if they meet the requirements of the agreement and comply with the subsequent regulatory policies.

BACKGROUND
In January 2005, EPA announced the Air Emissions Consent Agreement to address emissions from animal feeding operations (AFOs). Nearly 2,600 concentrated animal feeding operations (CAFOs), 1,856 of which were hog operations, in 42 states across the pork, egg, meat birds and dairy industries signed up to participate in the voluntary agreement. The agreement includes an air emissions monitoring study of 20 representational operations, five of which are hog operations focusing on confinement systems and six focusing on manure management systems. The study began in the summer of 2007. The emissions of air pollutants and hazardous substances from certain AFOs 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). A 2002 report by the National Academy of Sciences found that scientifically credible methodologies for estimating emissions from animal feeding operations needed to be developed. Over the subsequent three years, EPA met with agricultural industry representatives, state and local government officials, environmental organizations and citizens groups to develop a way to determine if operations were in violation, the nature and extent of any violations and the best practices to control industry-wide emissions. On farm monitoring will end in early 2010, with data from the study transmitted to EPA in the summer of 2010. EPA will then have 18 months to review and analyze the data and develop emission estimates for use by pork producers.

NPPC POSITION
NPPC worked for three years on behalf of pork producers and with representatives of other industries to negotiate the Air Emissions Consent Agreement with EPA. The agreement is an innovative, science-based approach to help determine whether livestock and poultry operations are in compliance with air emissions regulations. EPA retains authority to take immediate action against any company if its operations pose an imminent or substantial threat to public health. The pork industry helped design and is paying for the pork portion of the emissions study, using checkoff funds provided by the National Pork Board.

Air Emissions Consent Agreement
http://www.epa.gov/compliance/resources/agreements/caa/cafo-agr-050121.pdf

U.S. Environmental Protection Agency
http://www.epa.gov/

National Air Emissions Monitoring Study
https://engineering.purdue.edu/~odor/NAEMS/

Locations of NAEMS sites
https://engineering.purdue.edu/~odor/NAEMS/images/sites.pdf

NAEMS Timeline
https://engineering.purdue.edu/~odor/NAEMS/timeline.htm

Environment & Energy Press Releases

Environment & Energy Testimony & Comments