The document discusses regulations related to air quality from animal agriculture under federal laws like the Clean Air Act, CERCLA, and EPCRA. It provides an overview of key concepts like criteria pollutants, ambient air quality standards, hazardous pollutants, and reporting thresholds. Recent court cases have challenged exemptions and brought attention to how these laws apply to agricultural air emissions. Understanding these regulatory issues is important for animal agriculture operations.
How EPA plans will implement Cap & Trade, increase federal spending, negatively impact state/municipal budgets, eliminate jobs, and hurt industry/businesses
How EPA plans will implement Cap & Trade, increase federal spending, negatively impact state/municipal budgets, eliminate jobs, and hurt industry/businesses
It is interesting to note that natural resources had been stored virtually untouched in the Earth for millions of years. But since the start of the industrial revolution vast amounts of these resources had been exploited within a period of just a couple of hundreds of years at unimaginable rates, with all the waste from this exploitation going straight in the environment (air, water, land) and seriously damaging its natural resources by various modern practices.
Principles of International Law on Transboundary Pollution,FadzliRohami1
The principle that a State has responsibility for any environmental damage it creates even beyond its territorial limits.' Specifically, the tribunal found that based on principles of international law: no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or person therein, when the case is of serious consequence and the injury is established by clear and convincing evidence
It is interesting to note that natural resources had been stored virtually untouched in the Earth for millions of years. But since the start of the industrial revolution vast amounts of these resources had been exploited within a period of just a couple of hundreds of years at unimaginable rates, with all the waste from this exploitation going straight in the environment (air, water, land) and seriously damaging its natural resources by various modern practices.
Principles of International Law on Transboundary Pollution,FadzliRohami1
The principle that a State has responsibility for any environmental damage it creates even beyond its territorial limits.' Specifically, the tribunal found that based on principles of international law: no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or person therein, when the case is of serious consequence and the injury is established by clear and convincing evidence
Feeding Strategies to Mitigate Cost and Environmental Footprint of Pig Produc...LPE Learning Center
Full proceedings at: http://www.extension.org/72746 The livestock sector is one of main drivers of the environmental footprint. Animal feed is a key to sustainable meat production. Researchers are looking for environmentally sustainable feeding strategies that will lower diet cost, agricultural use of land, water depletion, and climate change impact. We used linear models to formulate 4 single-objective diets including least-cost, least-land use, least-water depletion, and least-climate change impact diets. Preliminary results showed that the use of wheat and wheat middlings hold potential to reduce pig diet cost and the environmental footprint.
Proceedings available at: http://www.extension.org/67601
The American Veterinary Medical Association (AVMA) offers several resources to its members and the public regarding various disposal issues encountered by the veterinary community and animal owners. With its veterinary medical expertise, the veterinary profession can be a valuable resource for clients, the general public, regulators, and other stakeholders on carcass and other animal waste disposal issues, especially those involving potential health risks to other animals or the public. The purpose in developing these resources is to further increase awareness by the veterinary profession and its stakeholders of the value, potential hazards, and legal restrictions concerning disposal of animal waste and carcasses.
Development of a New Manure Amendment for Reducing Ammonia Volatilization and...LPE Learning Center
The full proceedings paper is at: http://www.extension.org/72844
Adding alum to animal manures greatly reduces ammonia (NH3) emissions and phosphorus (P) runoff. Improvements in poultry production, lower energy costs and environmental benefits from alum have led to widespread use by the poultry industry. Over one billion broilers are grown with alum in the U.S. each year. However, the price of alum has increased dramatically, creating a need for cheaper products that control NH3 and P losses. The goal of this research was to develop an inexpensive manure amendment that is as effective as alum in reducing NH3 volatilization and P runoff from poultry litter. Sixteen manure amendments were created using various ratios of alum mud, bauxite ore, sulfuric acid, liquid alum and water. Alum mud is the waste product that is left over from the manufacture of alum when made by mixing sulfuric acid with bauxite. A laboratory NH3 volatilization study was conducted using a total of 11 treatments; untreated poultry litter, litter treated with liquid or dry alum and litter treated with eight of the new mixtures. All amendments tested resulted in significantly lower NH3 losses than the controls. Ammonia losses with dry and liquid alum were reduced by 86% and 75%, respectively. Ammonia losses with the eight new amendments ranged from 62 to 73% less than controls and were not significantly different from liquid alum and the three most effective mixtures were not significantly different from dry alum. All of the amendments also significantly reduced water extractable P (WEP); three of which resulted in significantly lower WEP than with dry alum. The most promising products were mixtures of alum mud, bauxite, and sulfuric acid. The potential impact of these products could be enormous, since they could be produced for less than half the price of alum, while being equally effective at reducing both NH3 emissions and P runoff.
Full proceedings available at: http://www.extension.org/72818
Phosphorus indices provide relative loss ratings that then have a corresponding management response. Because most state Phosphorus Indices are qualitative it is not clear how the relative loss rating corresponds to actual phosphorus inputs into the receiving water and how the receiving water would react to these additions. Even with qualitative Phosphorus Indices, unless the water resource has a specific Total Maximum Daily Load, it is not clear how losses correspond to water quality outcomes. These issues will be discussed in the context of the 590 Natural Resources Conservation Standard for nutrient management.
Often we believe “if they only understood the facts, they would agree with us.” However, this method only works with a small part of the population. Opinion formation is very complex and includes many other factors besides scientific facts, such as emotion, values, and trust.
Fear-based messaging has been frequently used as an attempt to provide a spark that will lead to further learning and behavioral changes. However, these messages must be coupled with both information and support in order to be effective. Without these two resources, people often suffer from feelings of helplessness, remoteness, and lack of control over the situation which all prevent behavior change from occurring. For more, visit: http://www.extension.org/69114
Estimation of phosphorus loss from agricultural land in the heartland region ...LPE Learning Center
Full Proceedings is available at: http://www.extension.org/72813
Phosphorus (P) indices are a key tool to minimize P loss from agricultural fields but there is insufficient water quality data to fully test them. Our goal is to use the Agricultural Policy/Environmental eXtender Model (APEX), calibrated with existing edge-of-field runoff data, to refine P indices and demonstrate their utility as a field assessment tool capable of protecting water quality. In this phase of the project our goal is to use existing small-watershed data from the Heartland Region (IA, KS, MO and NE) to determine the level of calibration needed for APEX before using the model to generate estimates of P loads appropriate for evaluating a P Index.
The selection of instruments to measure air quality in animal housing is important. Different instruments each have strengths and limitations. It is also important to understand what factors must be measured along with gases of interest in order to properly quantify and evaluate related factors like ventilation (air flow). For more, visit: http://www.extension.org/pages/15538/air-quality-in-animal-agriculture
Checking ambition with reality the pros and cons of different approaches to s...LPE Learning Center
Full proceedings available at: http://www.extension.org/72793
The revision of the USDA-NRCS national standard for nutrient management in 2011 was driven, in part, by inconsistencies in state phosphorus (P) indices, rekindling debates over standardizing indices at regional or national scales. Reasonable arguments exist for maintaining the status quo, which allows for state specific site assessment approaches, as well as for regional and national P Indices, which would take advantage of expertise, resources and technologies that may not exist locally. In addition, a diversity of site assessment approaches have now been proposed that differ from the original P Index. Understanding the benefits and limitations provided with these approaches is key to advancing site assessment for P management.
Estimation of phosphorus loss from agricultural land in the southern region o...LPE Learning Center
Full Proceedings is available at: http://www.extension.org/72817
The purpose of our work was to determine, within the southern region (AL, AR, FL, GA, KY, LA, MS, NC, OK, SC, TN, and TX), the feasibility of using different models to determine potential phosphorus loss from agricultural fields in lieu of phosphorus indices.
for more, http://www.extension.org/69093 Changes in precipitation and temperature vary by region. In general the US is seeing more precipitation and the timing and intensity of precipitation is also changing. While global temperatures are increasing, it is the variability and intensity of temperatures that are of greatest consequence to animal agriculture.
Identify and synthesize methods to refine phosphorus indices from three regio...LPE Learning Center
The full proceedings paper is at: http://www.extension.org/72867
This project was started to work with regional CIG projects to calibrate and harmonize Phosphorus Indices across the U.S., demonstrate their accuracy in identifying the magnitude and extent of phosphorus loss risk, and provide suggestions to refine or improve existing Indices. This research is important to provide consistency among state Phosphorus Indices and their subsequent recommendations.
Improved Recovery of Ammonia From Swine Manure Using Gas-Permeable Membrane T...LPE Learning Center
The full proceedings paper is at: www.extension.org/72883
Significant efforts are required to abate NH3 emissions from livestock operations. In addition, the costs of fertilizers have rapidly increased in recent years, especially nitrogen fertilizer such as anhydrous ammonia which is made from natural gas. Thus, new technologies for abatement of ammonia emissions in livestock operations are being focused on N recovery. This presentation shows a novel system that uses gas-permeable membranes to capture and recover ammonia from liquid manure, reducing ammonia emissions from livestock operations, and recovering concentrated liquid nitrogen that could be sold as fertilizer.
The full proceedings paper is at: http://www.extension.org/72751
This session will highlight the importance of nitrification inhibitors and how they help delay the conversion of the ammonium form of nitrogen into the nitrate form which then can lead to leaching and denitrification. By using a nitorgen stabilizer, the plant has access to the ammonium form of nitrogen for a longer period of time in the root zone, where it needs it the most.
LIVING WITH THE EARTHCHAPTER 13ENVIRONMENTAL LAWS & COMP.docxcroysierkathey
LIVING WITH THE EARTH
CHAPTER 13
ENVIRONMENTAL LAWS
& COMPLIANCE
Page
Objectives for this Chapter
A student reading this chapter will be able to:
1. Discuss how a law is made and describe the system of environmental laws.
2. List and describe the major components of the major federal environmental laws including: RCRA, CERCLA, EPCRA,SARA Title III, Pollution Prevention Act, CAA, CWA, SDWA, stormwater regulations, pesticide regulations, and underground storage tank regulations.
Objectives for this Chapter
A student reading this chapter will be able to:
3. Describe and discuss the major components of environmental compliance.
The Making of a Law
Bill is first introduced into house and senate;
Referred to subcommittee for review and support;
90% fail at this level
Recommended bills are brought forward for hearings and comment;
Committee meets to mark up (discuss) bill and vote on it;
If still found favorable, bill is sent to full chamber;
The Making of a Law (cont.)
The bill is then sent to the Rules committee of House where a time limit is set for debate and other rules are set.
The bill is also sent to the Senate where unrelated riders may be attached to a popular bill.
House and Senate usually make changes in the bill before passing, and the different versions are sent to a conference committee for resolution.
BILL
SENATE
HOUSE
Rules committee
BILL
BILL
Senate version
House version
CONFERENCE COMMITTEE
The Making of a Law (cont.)
If a resolution is accepted and the same version is approved by both House and Senate, the bill moves forward to the President who may sign or veto it.
Congress can override a veto by 2/3rds majority, but this is difficult to do.
CONFERENCE COMMITTEE
BILL
SENATE
HOUSE
If both Chambers approve final version, the bill is sent forward to the president
Veto?
Sign?
PRESIDENT
Page
Common Themes Among Environmental Laws
EIGHT GENERIC COMPLIANCE OBLIGATIONS
1. Notification requirements
2. Discharge or waste controls
3. Process controls and pollution prevention
4. Product controls
5. Regulation of activities
6. Safe transportation requirements
7. Response and remediation requirements
8. Compensation requirements
Environmental Laws are Part of a System
ENVIRONMENTAL LAW ENCOMPASSES ALL THE ENVIRONMENTAL PROTECTION THAT COMES FROM:
U.S. CONSTITUTION AND STATE CONSTITUTIONS
FEDERAL AND STATE STATUTES AND LOCAL ORDINANCES
REGULATIONS PUBLISHED BY FEDERAL, STATE AND LOCAL AGENCIES
PRESIDENTIAL EXECUTIVE ORDERS
COURT DECISIONS INTERPRETING THESE LAWS
THE COMMON LAW
Executive Orders
These are orders issued by the president and require federal facilities to comply and provide leadership in protecting the environment. More than 18 executive orders have been issued since 1970.
Common Law
A body of rules and principles that pertain to the government and the security of persons and property.
Basic rules originally developed in England and t ...
LIVING WITH THE EARTHObjectives for this C.docxcroysierkathey
LIVING WITH THE EARTH
Objectives for this Chapter
A student reading this chapter will be able to:
1. Discuss how a law is made and describe the system of environmental laws.
2. List and describe the major components of the major federal environmental laws including: RCRA, CERCLA, EPCRA,SARA Title III, Pollution Prevention Act, CAA, CWA, SDWA, stormwater regulations, pesticide regulations, and underground storage tank regulations.
Objectives for this Chapter
A student reading this chapter will be able to:
3. Describe and discuss the major components of environmental compliance.
The Making of a LawBill is first introduced into house and senate;Referred to subcommittee for review and support;90% fail at this levelRecommended bills are brought forward for hearings and comment;Committee meets to mark up (discuss) bill and vote on it;If still found favorable, bill is sent to full chamber;
The Making of a Law (cont.)The bill is then sent to the Rules committee of House where a time limit is set for debate and other rules are set.The bill is also sent to the Senate where unrelated riders may be attached to a popular bill.House and Senate usually make changes in the bill before passing, and the different versions are sent to a conference committee for resolution.
SENATE
HOUSE
Rules committee
Senate version
House version
CONFERENCE COMMITTEE
BILL
BILL
BILL
The Making of a Law (cont.)If a resolution is accepted and the same version is approved by both House and Senate, the bill moves forward to the President who may sign or veto it.Congress can override a veto by 2/3rds majority, but this is difficult to do.
CONFERENCE COMMITTEE
SENATE
HOUSE
If both Chambers approve final version, the bill is sent forward to the president
Veto?
Sign?
PRESIDENT
BILL
Common Themes Among Environmental LawsEIGHT GENERIC COMPLIANCE OBLIGATIONS1. Notification requirements2. Discharge or waste controls3. Process controls and pollution prevention4. Product controls5. Regulation of activities6. Safe transportation requirements7. Response and remediation requirements8. Compensation requirements
Environmental Laws are Part of a SystemENVIRONMENTAL LAW ENCOMPASSES ALL THE ENVIRONMENTAL PROTECTION THAT COMES FROM:U.S. CONSTITUTION AND STATE CONSTITUTIONSFEDERAL AND STATE STATUTES AND LOCAL ORDINANCESREGULATIONS PUBLISHED BY FEDERAL, STATE AND LOCAL AGENCIESPRESIDENTIAL EXECUTIVE ORDERSCOURT DECISIONS INTERPRETING THESE LAWSTHE COMMON LAW
Executive OrdersThese are orders issued by the president and require federal facilities to comply and provide leadership in protecting the environment. More than 18 executive orders have been issued since 1970.
Common LawA body of rules and principles that pertain to the government and the security of persons and property.Basic rules originally developed in England and then brought to American Colonies.
Under Common LawTortA private wrong or wrongful act for which the injured party c ...
Chapter 4
Environmental Policy
and Regulation
Learning Objectives
By the end of this chapter the reader will be able to:Describe key environmental health regulatory agencies at the international, national, state/provincial, and local levelsState four principles that guide environmental policy developmentDiscuss five major environmental laws that have been introduced within the past 10 yearsDescribe environmental policies designed to protect vulnerable groupsList the steps in the policy-making process
Environmental Policy“A statement by an organization [either public, such as government, or private] of its intentions and principles in relation to its overall environmental performance. Environmental policy provides a framework for action and for the setting of its environmental objectives and target.”
Principles of Environmental
Policy DevelopmentThe precautionary principleEnvironmental justiceEnvironmental sustainabilityThe polluter-pays principle
The Precautionary PrincipleStates that “preventive, anticipatory measures . . . [should] be taken when an activity raises threats of harm to the environment, wildlife, or human health, even if some cause-and-effect relationships are not fully established.”
Environmental JusticeThe concept of environmental justice denotes the equal treatment of all people in society irrespective of their racial background, country of origin, and socioeconomic status.
Environmental SustainabilityAs a goal of environmental policy, environmental sustainability adheres to the philosophical viewpoint “that a strong, just, and wealthy society can be consistent with a clean environment, healthy ecosystems, and a beautiful planet.”
Polluter-Pays PrincipleThe Polluter-Pays Principle “means that the polluter should bear the expenses of carrying out the pollution prevention and control measures . . . to ensure that the environment is in an acceptable state.”
Figure 4-1 The policy cycle.
Source: Adapted from data presented in [email protected], Policy Cycle: Teaching Politics. Available at: http://www.dadalos.org/politik_int/ politik/policy-zyklus.htm. Accessed March 9, 2010.
Relationship of Risk Assessment to Policy ProcessRisk assessment is closely aligned with the policy process through the balancing of economic and other costs with health and societal benefits that may accrue through specific policy alternatives.
Figure 4-4 The links between hazard, risk, impacts, and social cost.
Source: Reprinted from Journal of Environmental Management, vol. 65, K Falconer, Pesticide environmental indicators and environmental policy, p. 288, Copyright 2002, with permission from Elsevier.
Risk ManagementThe process of risk management involves the adoption of steps to eliminate identified risks or lower them to acceptable levels (often as determined by a government agency that has taken into account input from the public).
Examples of Risk ManagementLicensing lawsStandard-setting lawsControl- ...
Academic institutions now offer courses, such as environmental
studies , environmental management and environmental engineering ,
that teach the history and methods of environment protection.
Protection of the environment is needed due to various human
activities.
•Environmental protection is influenced by three interwoven factors:
environmental legislation, ethics and education.
•Each of these factors plays its part in influencing national-level
environmental decisions and personal-level environmental values and
behaviors.
•For environmental protection to become a reality, it is important for
societies to develop each of these areas that, together, will inform and
drive environmental decision
Canadian environmental lawyer and author of Unnatural Law: Rethinking Canadian Environmental Law and Policy gave the keynote address at the Commission for Environmental Cooperation/Mexico's National Human Rights Commission seminar on Human Rights and Access to Environmental Justice seminar in Mexico City on September 26.
This manual provides an excellent introduction to mastering the management of hazardous waste materials as well as preventing contamination of the environment. Other areas covered are: legal and regulatory aspects of pollution handling hazardous waste materials within your plant reducing the amount of hazardous waste produced ways to save money through preventing personal injury and preventing or limiting the effects of accidental pollution.
http://www.idc-online.com/content/hazardous-waste-management-and-pollution-prevention-27?id=67
The Port Authority of New York and New JerseyProposal for .docxssusera34210
The Port Authority of New York and New Jersey
Proposal for Performing an Environmental Impact Statement and Alternatives Analysis for Modifying or Replacing the Lincoln Tunnel Helix
Proposal for Performance of an Environmental
Impact Statement and Alternative Analysis
–
For Modifying or Replacing the
Lincoln Tunnel Helix
Prepared by:
Greenfield Environmental Consulting
Issued: April 21st, 2015
The Port Authority of
New York and New Jersey
Table of Contents:
Section A – Firm Qualifications and Experience ……………………………………....3
A.1 – Governmental Regulations and Laws …………………………………………………. 4
A.2 – Guideline Documents …………………………………………………………………. 7
A.3 – Environmental Permits ……………………………………………………………….. 12
A.4 – NEPA Lead Agency ………………………………………………………………….. 13
A.5 – Environmental Documentation ……………………………………………………….. 14
Section B – Staff Qualifications and Experience ……………………………………..16
B.1 – Organizational Chart ………………………………………………………………….. 17
B.2 – Personal Profiles and Individual Experience …………………………………………. 18
Caulfield, Christopher ……………………………………………………………………….. 18
Greenleaf, Luke ……………………………………………………………………………… 23
Anderson, David …………………………………………………………………………….. 25
Zyndorf, Oren ……………………………………………………………………………….. 27
Schroeder, Alison …………………………………………………………………………… 30
Lombardi, John …………………………………………………………………………….... 32
Mahmud, Anna …………………………………………………………………………….... 34
Martin, Jonathan …………………………………………………………………………….. 37
Mugabel, Abdul ……………………………………………………………………………... 38
Section C – Technical Approach ……………………………………………………..40
C.1 – Preparation of Environmental Impact Statement ……………………………………... 41
C.2 – No-Action Alternative ………………………………………………………………... 43
C.3 – List of Alternatives to be Reviewed ………………………………………………….. 44
C.4 – Environmental Impact Statement Table of Contents …………………………………. 48
C.5 – Data Analysis Sources ………………………………………………………………... 54
C.6 – Safety Measures ……………………………………………………………………..... 56
C.7 – Public Participation …………………………………………………………………… 59
Section D – Cost and Timetable ……………………………………………………...60
D.1 – Project Schedule ……………………………………………………………………… 61
D.2 – Cost Estimate and Budget …………………………………………………………..... 62
Firm Qualifications and Experience
A
Section
A.1
Governmental Regulations and Laws
Law is defined as the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. Laws are actually rules and guidelines that are set up by the social institutions to govern behavior. Laws are made by government officials. Laws must be obeyed by all, including private citizens, groups and companies as well as public figures, organizations and institutions. Laws set out standards, procedures and principles that must be followed. Regulations can be used to define two things; a process of monitoring and enforcing legislations and a written instrument ...
Animal agriculture adaptation planning guide (climate change)LPE Learning Center
This 44-page publication produced by the AACC project is a planning guide to help guide farmers through the process of future farm planning considering climate change.
Format: Factsheet or Publication - Reference: Schmidt, D., E. Whitefield, D. Smith. 2014. Produced for Animal Agriculture in a Changing Climate Project.
What is the difference when talking about weather versus climate? How do you measure and describe the atmosphere? How are models used in predicting weather or climate? For more on this topic, visit: http://extension.org/60702
What are some of the basic principles and terminology involved in climate change? Learn more about the Earth's atmosphere, energy balance, and how the greenhouse effect can alter both climate and weather. What is climate forcing? What is climate feedback? For more on this topic, visit: http://extension.org/60702
The current state of cap-and-trade in the U.S. and the mandatory greenhouse g...LPE Learning Center
Where is U.S. policy and voluntary markets current at in terms of cap-and-trade? What is the mandatory greenhouse gas reporting rule and how does it apply to animal agriculture? For more on this topic, visit: http://extension.org/60702
Mitigation of greenhouse gas emissions in animal agricultureLPE Learning Center
What steps can animal agriculture take to reduce (mitigate) the greenhouse gas emissions from their farms? What is carbon sequestration and how will that play a role? For more on this topic, visit: http://extension.org/60702
Contribution of greenhouse gas emissions: animal agriculture in perspectiveLPE Learning Center
What are the emissions of relevant greenhouse gases from animal agriculture production and how does that compare to other industries? For more on this topic, visit: http://extension.org/60702
User capabilities and next generation phosphorus (p) indicesLPE Learning Center
Full proceedings available at: http://www.extension.org/72814
The phosphorus (P) index is the primary approach to identify field management strategies and/or manure application strategies likely to lead to excessive risk of P loss. It has been over 40 years since the first research connecting agronomic P management and water quality and over 20 years since the initial publication defining a P Index. This session will consider opportunities to build on and expand existing P Index strategies to make them more effective at protecting water quality and friendlier to the target user.
Full proceedings available at: http://www.extension.org/72868
There has been a tremendous amount of activity and funding of conservation programs with regional and watershed-specific cost-share initiatives. While there have been some successes, water quality response in many areas has not been as great as expected. This has led many to question the efficacy of these measures and to call for stricter land and nutrient management strategies. In many cases, this limited response has been due to the legacies of past management activities, where sinks and stores of phosphorus along the land-freshwater continuum mask the effects of reductions in edge-of-field losses of phosphorus.
Removing phosphorus from drainage water the phosphorus removal structureLPE Learning Center
Full proceedings available at: http://www.extension.org/72839
We constructed a phosphorus (P) removal structure on a poultry farm in Eastern OK; this is a BMP that can remove dissolved P loading in the short term until soil legacy P concentrations decrease below levels of environmental concern. A P removal structure contains P sorbing materials (PSMs) and are placed in a location to intercept runoff or subsurface drainage with high dissolved P concentrations. As high P water flows through the PSMs, dissolved P is sorbed onto the materials by several potential mechanisms, allowing low P water to exit the structure. While they vary in form, P removal structures contain three main elements: 1) use of a filter material that has a high affinity for P, 2) containment of the material, and 3) the ability to remove that material and replace it after it becomes saturated with P and is no longer effective.
Legacy phosphorus in calcareous soils effects of long term poultry litter app...LPE Learning Center
Full proceedings available at: http://www.extension.org/72864
Livestock manures, including poultry litter, are often applied to soil as crop fertilizer or as a disposal mechanism near livestock housing. Manures can improve soil quality and fertility; however, over-application can result in negative environmental consequences, such as eutrophication of surface waters following runoff of soluble or particulate-associate phosphorus (P). In soil, P exists in many forms (inorganic/organic, labile/stable) and the fate of manure P is highly dependent upon soil properties, including soil texture and microbial activity. The Houston Black series is a calcareous (~17% calcium carbonate), high-clay soil that occupies roughly 12.6 million acres in east-central Texas. These Blackland vertizols are agronomically important for the production of cotton, corn, hay, and other crops, but their high calcium and clay content could lead to accumulation of P in forms that are not readily available for plant utilization. Accumulated P could serve as a source of legacy P if mineralized or otherwise transformed in situ or transported with soil particles in runoff.
Modeling phosphorus runoff in the chesapeake bay region to test the phosphoru...LPE Learning Center
Full Proceedings available at: http://www.extension.org/72795
The revision of USDA-NRCS’s standard for nutrient management coincided with significant assessment of the performance of Phosphorus (P) Indices in the six states that are tied to the Chesapeake Bay watershed. The 64,000 square mile watershed is the focus of unprecedented activity around nutrient management as a result of a 2011 Total Maximum Daily Load for P, nitrogen (N), and sediment under the Clean Water Act. In addition, the state of Maryland had required updates to it’s original P Index, resulting in broad scrutiny by various interest groups. Within this setting, USDA-NRCS funded a multi-state project to help advance the testing and harmonization of P-based management in the Chesapeake region.
Measuring Nitrous Oxide & Methane from Feedyard Surfaces - the NFT-NSS Chambe...LPE Learning Center
Full proceedings at: http://www.extension.org/72909 Accurate estimation of greenhouse gas emissions, including nitrous oxide and methane, from open beef cattle feedlots is an increasing concern given the current and potential future reporting requirements for GHG emissions. Research measuring emission fluxes of GHGs from open beef cattle feedlots, however, has been very limited. Soil and environmental scientists have long used various chamber based techniques, particularly non-flow-through - non-steady-state (NFT-NSS) chambers for measuring soil fluxes. Adaptation of this technique to feedyards presents a series of challenges, including spatial variability, presence of animals, chamber base installation issues, gas sample collection and storage, concentration analysis range, and flux calculations.
Climate science part 3 - climate models and predicted climate changeLPE Learning Center
Many lines of evidence, from ice cores to marine deposits, indicate that Earth’s temperature, sea level, and distribution of plant and animal species have varied substantially throughout history. Ice cores from Antarctica suggest that over the past 400,000 years global temperature has varied as much as 10 degrees Celsius through ice ages and periods warmer than today. Before human influence, natural factors (such as the pattern of earth’s orbit and changes in ocean currents) are believed to be responsible for climate changes. For more, visit: http://www.extension.org/69150
Climate Is Always Changing: Regional, National, and Global Trends (and how th...LPE Learning Center
For more, visit: http://www.extension.org/70286 Weather happens and the climate is always changing. Farmers are very in tune with these changes because weather is critical to any farming operation. What are the current weather trends in your area? Is it hotter? dryer? cooler? warmer? Is the growing season longer? Has the first frost date changed?
There is a real possibility that the weather of 30 years ago is not what we are seeing today or will see 30 years from now. The video to the right gives an overview of some of the weather trends.
Animal Agriculture's Contribution to Greenhouse Gas EmissionsLPE Learning Center
For more, visit: http://www.extension.org/69145 The conversation about climate change largely revolves around greenhouse gases. Agriculture is both a source and sink for greenhouse gases (GHG). A source is a net contribution to the atmosphere, while a sink is a net withdrawal of greenhouse gases. In the United States, agriculture is a relatively small contributor, with approximately 8% of the total greenhouse gas emissions.
Preliminary Technical Evaluation of Three Reports by U.S. Environmental Prote...LPE Learning Center
http://www.extension.org/72802 The Yakima Valley is a large agricultural area where there are multiple potential sources of nitrate in groundwater. Potential sources are intermingled, i.e., homes with septic systems are on the same properties as the dairies or adjacent to farms and/or dairies. In 2012, Region 10 of the US Environmental Protection Agency undertook a study to source track and identify nitrogen sources in the Yakima River Basin as part of an enforcement effort focusing on dairies. EPA position was that the targeted dairies did not properly apply nutrients to land application fields at agronomic rates, resulting in groundwater contamination. The study area is underlain by 3 aquifers, a shallow perched aquifer likely related to irrigation return flows, an alluvial aquifer and an underlying basalt aquifer. The three aquifers are hydrologically connected either through natural pathways or through wells completed into more than one aquifer. Because none of the potential sources are isolated, source tracking requires an in-depth knowledge of aquifer properties such as aquifer thickness, groundwater flow direction, hydraulic conductivity, and vertical leakance in addition to understanding localized effects of ditches, drains and production wells on groundwater flow. EPA focused on groundwater chemistry, assuming that indicators such as pesticides and other trace organic compounds would tie the groundwater nitrate to a specific source. EPA’s study failed to yield clear indicators pointing to specific sources and did not collect hydrologic data for its 2012 report to gain a detailed understanding of aquifer properties. This presentation will address how to accurately characterize the hydrogeology below dairy production areas and land application fields, and how to proactively manage nutrients to protect dairies from unsubstantiated enforcement actions.
Preliminary Technical Evaluation of Three Reports by U.S. Environmental Prote...
Regulation final
1. AIR QUALITY
Air Quality Regulation of Animal Agriculture
Issues: Regulation
AIR QUALITY EDUCATION IN ANIMAL AGRICULTURE January 2012
Ron Sheffield, Associate Professor F or years, many believed the only air quality threats posed by agricultural produc-
Biological and Agricultural tion facilities were odor, dust, noise, and related complaints that arose in nuisance-
Engineering, Louisiana State based lawsuits by neighbors. Few other law and regulatory problems were believed
to be applicable to modern agricultural enterprises. Beginning in the late 1990s, that
University belief was examined, and courts began to decide cases that challenged existing envi-
ronmental laws and regulation application to agricultural production facilities.
In this publication, three of these laws will be examined: the Clean Air Act (CAA),
the Comprehensive Environmental Response, Compensation and Liability Act (CER-
This publication presents an CLA), and the Emergency Planning and Community Right-to-Know Act (EPCRA). Each
overview of federal regulations will be discussed separately. Additionally, this publication discusses the Mandatory
Greenhouse Gas (GHG) Reporting Rule, which is not a stand-alone law like the acts
and court cases related to animal just mentioned.
agriculture air quality issues.
Understanding the Problem and
Contents
How It Can Be Addressed
Understanding the Problem.....1 Air pollution results from a process involving chemical solids, liquids, and gases
interacting with other chemicals in the atmosphere, including sunlight and rain water.
Federal Clean Air Act...............1 Some pollutants are harmful in their own right while others are harmful when they
Regulatory Concepts...............3 interact with other chemicals in the environment.
CERCLA/Superfund.................4 Pollutants come from a variety of sources, including industrial facilities, plants,
mines, backyard grills, residential chimneys, and agricultural facilities. Some sources
EPCRA.....................................4 are stationary. Others are mobile. Some sources are similar to point sources as that
Legal Action.............................5 term is used in water quality law and regulations. Others are area sources producing
emissions from many different sources located in close relationship to each other.
Mandatory Reporting...............6
Some pollutants can be reduced or eliminated by technology that prevents the
pollutant from being created or released to the environment. Each type of pollutant and
each type of pollution source may require a different approach to address the potential
harm the pollutant presents.
The Federal Clean Air Act
eXtension
Air Quality in Animal Agriculture Regulation of air emissions was initiated at the federal level in 1955 when the Air
Pollution Control Act was passed. Under this law, state and local governments were
http://www.extension.org/pages/ delegated primary responsibility for addressing air quality problems at their respective
15538/air-quality-in-animal-agriculture levels. In 1963, Congress passed the first of several laws that have been named the
“Clean Air Act.” This law was the first to establish air quality criteria to be applied to
activities that introduced harmful elements into the environment. In 1965, Congress
1
2. passed the Motor Vehicle Pollution Control Act. These laws establish some key ele-
ments that apply to the current situation.
• The various levels of government have concerns for air quality. Pollutants are of
greatest concern at the level at which they can do the most harm. Pollutants that
threaten human health are generally considered to be the most serious pollutants
and can result in dramatic action to control or prevent them.
The Clean Air Act is • Air pollutants can move great distances from the source at which they were first
actually made up of introduced to the environment.
several laws and their • There are a variety of sources of air pollution, and this variety triggers the need to
fashion different strategies to address problems created by these sources.
subsequent amendments,
The Clean Air Act Amendments, passed in 1970, usher in what most people
which were passed by consider the modern age of federal regulation of air pollution. Under this approach, the
federal government’s role is to establish uniform national standards for certain criteria
Congress starting in 1963. pollutants that affect ambient air and to identify specified technology-based standards
to control harmful air emissions from facilities. Ambient air is air that plants and people
breathe in day-to-day living situations.
The federal government establishes these national standards, called “national
ambient air quality standards,” or NAAQS. In turn, states enforce these standards through
creation of state implementation plans designed to achieve the ambient air quality. There-
fore, to have air quality regulation apply to a given facility, the source and amount of
the pollution must be identified (Figure 1).
For most states, the primary enforcement tool is the state Clean Air Act, which is
intended to protect public health, safety, and welfare, and prevent injury to the public
interest. Under this law, the state proposes regulations under the Clean Air Act but
has no authority to adopt regulations relating to air contaminants or air pollution arising
from production of agricultural commodities in their unmanufactured state unless the
federal Clean Air Act or regulations issued under it direct that to happen.
For many years, people looked at the Environmental Protection Agency’s lack of
interest in air emissions from agriculture and this language and concluded that there
was little reason to be concerned about problems related to agricultural air quality.
Note that odor is not generally regulated under the federal Clean Air Act and is man-
aged at the local level under the law of nuisance. The current interest by the EPA in
agricultural emissions would indicate that each state’s view may be superseded by
EPA action.
Figure 1. Odor is often associated with manure storage, but odor is a nuisance issue
mostly handled at the local level through zoning. Odor is not generally regulated under
the Clean Air Act. (Photo courtesy of Rick Koelsch, University of Nebraska–Lincoln)
2 AIR QUALITY EDUCATION IN ANIMAL AGRICULTURE Issues: Regulation
3. Federal Clean Air Act Regulatory Concepts
Six criteria pollutants are identified in the federal Clean Air Act:
• carbon monoxide,
• sulfur dioxide,
• nitrogen oxide,
• solid particulate matter,
• liquid particulate matter, and
• lead
These were selected because of the potential harm the pollutants could cause
if the concentration of the pollutant increased dramatically. In regulating these crite-
ria pollutants, two types of ambient air quality standards were created. The first is the
primary standard. This is the level of the pollutant below which air quality should be
to avoid harmful physical health effects. The second standard deals with the level
of pollutant below which air quality should be to avoid harmful effects to the public
welfare. This includes soils, crops, water, visibility, comfort, and man-made materials.
As described above, these ambient air quality standards are enforced by the states
through their state implementation plans that control the various sources of pollution
found in the state.
Ambient air quality standards are measured for each of the six criteria pollutants
on a regional basis across the states. If air quality standards for a pollutant are being
met for these pollutants, the region is described as an attainment region for the pollut-
ant in question. Failing to meet the standard results in the region being classified a
nonattainment region. The consequence of this action will be most important to new air
polluting facilities proposing to locate in nonattainment regions.
Facilities in operation when the Clean Air Act was adopted were subject to its
standards. New facilities and existing facilities that are substantially modified must
meet established standards and also must comply with New Source Performance National Ambient Air
Standards. Facilities must submit an application for a permit to build a new facility, and
the facility’s design must incorporate pollution control technology considered to be the Quality Standards
best available control technology. These are technologies available within an industry
to address air pollution threats the industry presents. regulate six criteria
A new facility in a region that is considered an attainment region also must meet pollutants and include
the Prevention of Significant Deterioration program requirements. In attainment
regions, new facilities that threaten that status may be subject to requirements that both primary and
will prevent the desired status from being lost. If a new facility that adds pollution is
proposed for a nonattainment area, the applicant is likely to face significant restrictions
secondary standards.
and possible offsets in other facilities in order to locate in that region. The choice of
where a new facility is located is often decided on the basis of the “regulatory cost” of
locating in one place or another as well as the construction cost.
In addition to criteria pollutants, the Clean Air Act regulates hazardous air pollut-
ants, such as ammonia and hydrogen sulfide. These pollutants require special mea-
sures because of their potentially severe impact on public health and safety.
An important concept is whether the facility meets the definition of a major
source of the hazardous pollutant in question. A major source is one that annually
emits more than 10 tons of a single hazardous air pollutant or 25 tons of a combination
of hazardous air pollutants. Facilities not considered major sources are classified as
area sources. A facility emitting a hazardous air pollutant could face special measures,
including adoption of pollution control technology designed to limit the amount of haz-
ardous pollutants discharged from a facility. These technology standards may be more
extensive and more complex than technologies that control criteria pollutants.
Issues: Regulation AIR QUALITY EDUCATION IN ANIMAL AGRICULTURE 3
4. The Comprehensive Environmental Response,
CERCLA is intended Compensation and Liability Act (Superfund Act)
to hold companies The Comprehensive Environmental Response, Compensation and Liability Act, or
the Superfund Act, has been the focus of several court cases related to animal agricul-
accountable for the ture. In December 2008, the EPA finalized a rule granting animal agriculture an adminis-
trative exemption from CERCLA. This exemption applies to air emissions that normally
financial responsibility for occur from raising farm animals. Legal challenges followed, and in 2010, a federal
court approved the government’s request to remand the rule to the EPA for reconsider-
cleanup of large polluted ation. At the time this publication was published, no animal agriculture operations were
required to report, and the schedule for EPA reconsideration is unclear.
areas if a company goes
The purpose of CERCLA is to address the physical and financial responsibilities
out of business. associated with the release of hazardous materials into the environment. As in the
case of the Clean Air Act, some important concepts under this law involve the nature
of what is released, the amount released, and the nature of the contamination caused
by the release.
Under CERCLA, material is considered “hazardous” if it has been designated as
such by other environmental laws, including the Clean Air Act. Therefore, there is
some coordination in the approach to identifying the nature of what these laws regu-
late. Some items, such as petroleum and nuclear materials, are excluded from
CERCLA consideration as hazardous substances although they are recognized as haz-
ardous by other laws.
Another key concept in CERCLA is the term “release.” As you might expect, this
term is broad in scope and includes any acts that spill, leak, pump, empty, discharge,
dump, or dispose of these materials into the environment. Intent to accomplish these
results is not part of the definition, which can mean that accidental as well as intention-
al acts are covered by the law. When a release occurs, the amount of material released
is crucial to determining if the facility owner-operator has an obligation to report the
release.
The EPA administrator determines a release quantity that triggers the report. This
is the “reportable release quantity.” The reportable release quantity for ammonia, for
example, is 100 pounds. Normal application of fertilizer is not considered a release.
Releases that occur solely within a workplace and for which workers can assert claims
against their employers are not covered events for CERCLA purposes.
The Emergency Planning and Community
Right-to-Know Act
In the same 2008 final rule as described in the CERCLA section, the EPA also
granted an administrative exemption to all but large concentrated animal feeding
operations (CAFOs) for reporting under the Emergency Planning and Community Right-
to-Know Act. At the present time, while the EPA is reconsidering its final rule, large
CAFOs are required to report, while all other animal operations are exempt.
EPCRA was passed in 1986 following a disastrous accident in Bhopal, India. A
chemical manufacturing plant in Bhopal, which was located next to a densely popu-
lated residential area, accidentally released a cloud of hazardous chemical into the
community. Thousands of people died and many more were injured by the release.
As a result, people realized that hazardous materials are stored in many locations, and
knowledge about what is stored where can help all of us make better decisions about
the risks associated with living or working nearby.
As in the other examples, the identity of the material and the amount of it are
important pieces of information. This act establishes a specific list of extremely hazard-
ous materials and a threshold planning and reportable release quantity for each. The
term “hazardous chemical” for purposes of this law excludes substances to the extent
they are used in routine agricultural operations or as fertilizer held for sale by a retailer
to the ultimate customer.
4 AIR QUALITY EDUCATION IN ANIMAL AGRICULTURE Issues: Regulation
5. Threshold planning and reportable release quantities are considered to be the
amount of material likely to cause harm if it is released. For example, ammonia is a
listed hazardous material. The threshold planning quantity for it is 500 pounds and the
reportable release quantity is 100 pounds per day.
Under EPCRA, a facility having a quantity of a designated hazardous substance
greater than the threshold planning quantity for the material is required to report the
presence of that material in its facility to the local emergency response committee
within 60 days after the substance is acquired. If the hazardous substance is released
in an amount that is greater than the release reporting amount, then a release notifica-
tion to state and local emergency planning committees must be made. If a release
is permitted under CERCLA, such as the field application of pesticides, no reporting
obligation applies.
Legal Action that Brought These Issues to the Forefront
Complaints about dust, noise, and odors have been the typical complaints directed
toward agricultural producers. Complaints about pesticide drift onto adjoining lands
also have been common. In some parts of the country, people have complained that
smoke drift caused by the field burning of crop residues created hazards in the com-
munity.
By the 1990s, this period of relative calm and inactivity began to change. Arizona’s
air quality state implementation plan failed to include the role that production agricul-
ture played in creating particulate matter air emissions. This failure became the subject
of litigation to bring significant areas of the state into attainment status for particulate
matter emissions. The state eventually modified its plan to incorporate best manage-
ment practices for agricultural producers.
California proposed a plan to allow agricultural producers a three-year exemption
period from complying with Clean Air Act requirements, despite the fact that agricul-
tural production was charged with playing a significant part in the state’s nonattain-
ment status for several criteria pollutants. The EPA moved to withdraw approval of the
state’s plan to exempt agricultural producers and proposed to take over regulation of
major agricultural stationary sources of pollution. Despite a challenge to the agency’s
decision to withdraw approval of the plan, the decision to withdraw was approved.
The California Legislature addressed this issue by taking up a bill to provide for
regulation of air pollution from agricultural sources. In the Chino basin region of Cali-
fornia where more than 250,000 dairy cows are housed, the local Air Quality Manage-
ment District approved rules to reduce smog and particulate-forming emissions from
manure generated in the basin. In other Air Quality Regions of California, implementa-
tion of proposed dairy regulations was postponed following lawsuits aimed at challeng-
ing their adoption.
Two other reported cases that raise key agricultural air emission issues are wind-
ing their way through federal courts. In Sierra Club v. Tyson, 299 F. Supp. 2d 693 (2003),
Emergency Planning and
the Sierra Club sued Tyson Foods and others on the grounds that chicken production Community Right to Know
operations of Tyson Foods were responsible for ammonia air emissions and that they
failed to comply with CERCLA and EPCRA obligations. Tyson defended on several is meant to protect the
grounds, including a challenge to whether the plaintiff has adequate standing to main-
tain its suit. Standing is a constitutional requirement that requires a plaintiff to show public living near large
some type of injury caused by the activities of the person charged with liability.
quantities of potentially
A second significant basis involves the issue of the “facility” that is alleged to
have released the pollutant in quantities sufficient to trigger any of these obligations. hazardous compounds
Tyson argued that each chicken house or other building needs to meet this emissions
test. The Sierra Club argued that the term should be interpreted to mean all produc-
and also help emergency
tion buildings and sources of reportable emissions that are located on the specific site
(Figure 2). By combining all emissions, the Sierra Club would be relieved of the obliga-
responders plan for
tion to compare emissions from each source to the 100 pounds per day standard. The possible accidents.
Court adopted the Sierra Club’s view.
Issues: Regulation AIR QUALITY EDUCATION IN ANIMAL AGRICULTURE 5
6. In Sierra Club v. Seaboard Farms, Inc., 2004 U.S. App. LLEXIS 22455 (October 28,
2004), the 10th Circuit Court of Appeals addressed the issue of what is a “facility” for
Courts have generally CERCLA purposes in the context of a hog farm operation in Oklahoma. The operation
in question was operated on two sites located next to each other. Each site contained
defined a “facility” as eight confinement buildings that shared a common waste management system. In this
case, the Circuit Court agreed that the entire operation, including both sites, should be
including all of the animal counted as a single facility for CERCLA obligation purposes.
housing, manure, or While the issues raised in each of these cases are preliminary to the ultimate is-
other sources on a single sue of whether the facilities were covered by CAA, CERCLA or EPCRA laws, the fact
that the Sierra Club was successful in moving the cases forward toward a resolution of
production site. that key question is significant. Producers should take note that these cases are being
decided and their outcome may affect a set of new obligations.
Mandatory Reporting of Greenhouse Gases Rule
The Mandatory Reporting of Greenhouse Gases Rule applies to animal agriculture
operations that emit more than 25,000 metric tons of carbon dioxide equivalent (CO2e)
per year. This calculation applies only to manure management systems; it does not
apply to enteric fermentation or to land application of manure. At the present time,
Congressional action has prohibited the EPA from expending any funds to implement
subpart JJ (manure management) of the rule. This prohibition does not change the rule
or create an exemption for animal agriculture.
The GHG Reporting Rule does not regulate the emissions of GHGs. It is a report-
ing mechanism by which the EPA can gather data on large emissions sources for the
purpose of deciding if future regulation is necessary. The rule was finalized in October
2009. Covered facilities were required to begin reporting their emissions starting with
the 2010 calendar year, with those first reports due in 2011.
Which livestock and poultry operations are required to report? It is easier to start
with those that are not required. Table 1, excerpted from the final rule, shows the
levels below which animal operations are not required to report.
Table 1. Animal Population (Annual) Below Which Facilities Are Not Required
to Report Greenhouse Gas Emissions
Animal Group Average Annual Animal Population
(Head)
Beef 29,300
Dairy 3,200
Swine 34,100
Poultry: Broilers 38,160,000
Poultry: Layers 723,000
Poultry: Turkeys 7,710,000
Facilities that meet or exceed these populations need to conduct an analysis to deter-
mine if they emit more than the reporting threshold of 25,000 tons of annual CO2e.
The EPA estimated that only around 100 animal facilities would be affected by this
rule, but industry estimates are generally much higher.
Why Is This Important?
While few would welcome new obligations to contend with, it should be noted
that a key provision of many states’ Right to Farm laws on which the application of
protection depends is that the facility is in compliance with applicable federal, state,
and local regulations. Can a producer afford to gamble whether Right to Farm protec-
tion will be lost if these cases conclude that CERCLA and EPCRA apply to agricultural
6 AIR QUALITY EDUCATION IN ANIMAL AGRICULTURE Issues: Regulation
7. Figure 2. Courts have generally favored the view that a “facility” includes
all of the emission sources on a site. In this picture, the animal building
(background) and manure storage (foreground) would be considered a single
facility for the purpose of measuring or calculating emissions.
producers and the producer is not complying with them? How important is Right to
Farm protection to an individual producer who is facing complaints from local citizens
about the more common complaints of odor, noise, and dust? Can producers continue
to believe that few of these environmental protection laws apply to them without
being somewhat conflicted by the reality that these issues are being challenged on an
increasingly frequent basis?
References
Copeland, C. 2011. Animal waste and hazardous substances: current laws and legislative issues.
Congressional Research Service. RL33691. Available at: http://www.fas.org/sgp/crs/
misc/RL33691.pdf. Accessed 11 January 2012.
Stubbs, M. 2011. Environmental regulations and agriculture. Congressional Research Service.
RL41622. Available at: http://www.nationalaglawcenter.org/assets/crs/R41622.pdf.
Accessed 11 January 2012.
Final Mandatory Greenhouse Gas Reporting Rule. Available at: http://www.epa.gov/
climatechange/emissions/downloads09/FinalMandatoryGHGReportingRule.pdf.
Accessed 12 January 2012. Also available at: http://www.epa.gov/climatechange/
emissions/ghgrulemaking.html. Accessed 12 January 2012.
The Air Quality Education in Animal Agriculture project was supported by
National Research Initiative Competitive Grant 2007-55112-17856 from the USDA National
Institute of Food and Agriculture.
Educational programs of the eXtension Foundation serve all people regardless of race, color, age,
sex, religion, disability, national origin, or sexual orientation. For more information see the
eXtension Terms of Use at eXtension.org.
Air Quality Education
Reference to commercial products or trade names is made with the understanding that no
discrimination is intended and no endorsement by eXtension is implied.
in Animal Agriculture
Issues: Regulation AIR QUALITY EDUCATION IN ANIMAL AGRICULTURE 7