Air Emissions from Animal Feeding Operations Current Knowledge, Future Needs (2003) / Chapter Skim
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6. Government Regulations and Programs
6. Government Regulations and Programs
Pages 129-151
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From page 129... ...
Under some federal laws, including the Clean Air Act (CAA) and the Clean Water Act (CWA)
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From page 130... ...
, however, are subject to explicit environmental regulation under the Clean Water Act, and facilities that emit large quantities of air pollutants may be regulated under the Clean Air Act. For example, under the CWA, concentrated animal feeding operations (CAFOs; see Appendix B)
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From page 131... ...
CLEAN AIR ACT The Clean Air Act (42 USC §§ 7401-7671qj, as amended, is the federal statute that governs air pollution. The CAA authorizes regulatory programs, including standards for ambient air quality to protect public health and welfare, special measures for regions that have not attained those standards, operating permits for stationary sources of air pollution, control technologies for new sources of air pollution, and measures to control hazardous air pollutants, as well as other programs (this chapter does not describe every CAA program)
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From page 132... ...
In a practical sense, the "criteria pollutants" and the "hazardous air pollutants" are the major focus of regulation. As one writer has noted, "the centerpiece of the Clean Air Act has been the national ambient air quality standard (NAAQS)
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From page 133... ...
In the discussion that follows, the term SAPRA includes both state and local air pollution control agencies. The CAA directs that each state has "primary responsibility for assuring air quality within the entire geographic area comprising such State by submitting an implementation plan for such State which will specify the manner in which national primary and secondary ambient air quality standards will be achieved and maintained" (42 USC § 7407a.
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From page 134... ...
Major stationary sources must be required to pay a permit fee. The SIP must also prohibit emissions that will cause unlawful interstate air pollution.
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EPA has authority to approve each state's permit plan and each state-issued permit (Brownell, 2001~. Permits include enforceable emission limitations and standards, a schedule of compliance, reporting requirements, and other conditions.
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From page 136... ...
Abatement Strategies As a consequence of violations of state or federal standards, AFOs must respond to increasing pressures from their respective state air pollution control agencies to decrease pollutant emissions. The lack of science-based emission estimates for AFOs and other kinds of agricultural operations affects the regulatory process in several ways.
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From page 137... ...
Odors and Common-Law Nuisance Litigation Because the Clean Air Act and its regulations generally rely on objective measures of pollutants, the regulatory process has not been effective in controlling odors, which are difficult to measure objectively (Grossman, 1994~. Long before enactment of modern environmental statutes, common-law nuisance litigation was used to abate nuisances caused by pollution.
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From page 138... ...
triggers reporting under both CERCLA section 103 and EPCRA section 304. That definition includes, among other substances, hazardous air pollutants listed under the Clean Air Act (42 USC § 7412~.
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From page 139... ...
71618~. Thus, releases at facilities that are not subject to a permit or control regulation under the Clean Air Act or a SIP would not be considered "federally permitted releases." These facilities, including grandfathered facilities and minor sources, would be required to report releases or file a continuous release report under CERCLA and EPCRA (64 Fed.
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From page 140... ...
Known as the Clean Water Act, the law protects water quality by a combination of ambient water quality standards, limits on effluents, and permits. The regulatory structure of the Clean Water Act distinguishes between point sources and nonpoint sources of water pollution.
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From page 141... ...
Though permits normally incorporate the ELGs, regulators use their best professional judgment to impose stricter limitations if water quality standards cannot be met through ELGs. CAFOs that are not large enough to be covered by ELGs (those with fewer than 1000 EPA animal units)
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From page 142... ...
The plan recommended both that EPA publish and implement "an AFO strategy for important and necessary EPA actions on standards and permits" and that EPA and USDA "jointly develop a unified national strategy to minimize the environmental and public health impacts of AFOs." EPA published two documents, the Draft Strategy for Addressing Environmental and Public Health Impacts from Animal Feeding Operations (EPA, 1998b) and the Compliance Assurance Implementation Plan for Animal Feeding Operations (EPA, 1998c)
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From page 143... ...
New animal and facility types would be regulated; these include poultry operations with dry manure handling, stand-alone swine nurseries and heifer operations, and veal operations. Further, the land application area would be included in the CAFO definition, and each CAFO would be required to prepare and implement a Permit Nutrient Plan to govern land application at agronomic rates.
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From page 144... ...
For proposed ELG requirements, among other issues, EPA asked for comments about technical feasibility, costs, and benefits of zero-discharge standards for swine and poultry operations and about reasonable amounts of phosphorus banking as an acceptable nutrient management practice. For proposed NPDES requirements, EPA asked for comments on an alternative threetier structure for defining CAFOs, using 500 EPA AUs, instead of 300, to define the middle tier; size thresholds for dry-lot duck operations; options for defining horse operations as CAFOs; and other issues.
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From page 145... ...
. Acknowledging the importance of nonpoint source pollution in degrading coastal waters, the new section requires states with federally approved coastal zone management programs to develop and implement management measures for nonpoint source pollution.
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From page 146... ...
For example, USDA (NRCS) and EPA have collaborated on the Unified National Strategy for Animal Feeding Operations (USDA and EPA, 1999; discussed above)
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NRCS has prepared a Draft Comprehensive Nutrient Management Planning Technical Guidance, as part of its National Planning Procedures Handbook (NRCS, 2002d)
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From page 148... ...
. nutrient management associated with livestock." The program is also intended to assist producers in meeting environmental quality criteria, to provide assistance to install and maintain conservation practices and to help streamline conservation planning and regulatory compliance (Farm Bill § 2301, codified at 16 USC § 3839aa)
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From page 149... ...
Moreover, an animal unit cap no longer limits eligibility for cost-share payments for constructing animal waste management facilities. Applications from producers who operate confined livestock feeding operations must provide for development and implementation of a comprehensive nutrient management plan (§ 3839aa-5(a)
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From page 150... ...
Projected outcomes include more efficient conversion of feed, identification of alternative uses of manure, development of "management practices, treatment technologies and decision tools" to improve CNMPs and help meet TMDLs, and practices and technologies to control pathogens (ARS, 2002~. CSREES The Cooperative State Research, Education, and Extension Service carries out USDA functions related to cooperative state research programs and cooperative extension and education programs (7 USC § 6971~.
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From page 151... ...
Water pollution is governed by the Clean Water Act and, in some areas, the Coastal Zone Management Act. The EPA plays a major role in implementing these statutes, with significant cooperation from the states.
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