February 2, 2006
Environmental Appeals Board Approves Animal Feeding Operation Consent Agreements<>
EPA's Environmental Appeal Board has approved the first batch of consent agreements between animal feeding operations and the Agency concerning CAA and CERCLA 103 violations. The consent agreements are a small portion of the consent agreements that will cover more than 6,700 farms in 42 states,ranging from small dairy operations with perhaps five dozen cows to huge hog and dairy operations with tens of thousands of animals. The farms will monitor soot and volatile organic compounds, under the Clean Air Act, and ammonia and hydrogen sulfide under the CERCLA 103 emergency reporting provision. The data will be used to tailor>
clean air, hazardous waste and emergency reporting laws for the operations and the farms agree to follow those laws after the data are collected. Each operation pays $2,500 into an E.P.A. fund, which will pay for two years of air monitoring at 28 to 30 farms nationwide.
Companies also would have to agree to pay civil penalties of $200 to $100,000, depending on the size and number of farms they operate. Those fines would cover presumed violations, past and present.
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