Concentrated Animal Feeding Operation - Regulation Under The Clean Air Act

Regulation Under The Clean Air Act

CAFOs are potentially subject to regulation under the Clean Air Act (CAA), but the emissions from CAFOs generally do not exceed established statutory thresholds. In addition, the EPA's regulations do not provide a clear methodology for measuring emissions from CAFOs, which has "vexed both regulators and the industry." Negotiations between the EPA and the agricultural industry did, however, result in an Air Compliance Agreement in January 2005. According to the agreement, certain animal feeding operations (AFOs) received a covenant not to sue from the EPA in exchange for payment of a civil penalty for past violations of the CAA and an agreement to allow their facilities to be monitored for a study on air pollution emissions in the agricultural sector. Results and analysis of the EPA's study are scheduled to be released later in 2011.

Environmental groups have formally proposed to tighten EPA regulation of air pollution from CAFOs. A coalition of environmental groups petitioned the EPA on April 6, 2011 to designate ammonia as a "criteria pollutant" and establish National Ambient Air Quality Standards (NAAQS) for ammonia from CAFOs. The petition alleges that "CAFOs are leading contributors to the nation’s ammonia inventory; by one EPA estimate livestock account for approximately 80 percent of total emissions. CAFOs also emit a disproportionately large share of the ammonia in certain states and communities.” If the EPA adopts the petition, CAFOs and other sources of ammonia would be subject to the permitting requirements of the CAA.