Federal Study
As a result of a 2003 National Academy of Science report, US EPA initiated a national program to monitor and evaluate air emissions from animal feeding operations called the National Air Emissions Monitoring Study. Field work began in late 2006, much later than originally anticipated by the Department. Data collection was scheduled to be completed in mid 2009. Within 18 months after the study ends, US EPA will evaluate the data and publish air emission-estimating methods for animal feeding operations (by end of 2010). These methods will allow owners to estimate air emissions from their animal feeding operations and comply with applicable federal regulatory requirements in the Clean Air Act; Comprehensive Environmental Response, Compensation, and Liability Act; and the Emergency Planning and Community Right-to-Know Act, as noted in a following section. Air emissions from landspreading of agricultural waste are not included in this study either.
New Policy, Alternative Policies
The Department does not anticipate changes to underlying policy related to air permit requirements and hazardous air pollutant emission requirements for hazardous air pollutant emissions from agricultural waste.
Development of BMPs for agricultural waste may result in amendments to ch.
NR 410 to establish fees. Fees may be necessary to support implementation of BMPs to control hazardous air contaminant emissions.
Statutory Authority
Comparison with Federal Regulations
Existing Federal Regulations
Under the federal Clean Air Act, new and existing major stationary sources of federally regulated criteria air pollutant emissions are subject to federal air permit requirements. Included are permit requirements under the federal “Prevention of Significant Deterioration (PSD)" and “Non-Attainment Area" New Source Review programs, along with the applicable requirements for “Best Available Control Technology", and “Lowest Achievable Emission Rate" technology and offsets, respectively. Emissions associated with animal feeding operations are not, categorically, exempt from these requirements.
Under Section 112(b) of the federal Clean Air Act, hazardous air pollutants are regulated through National Emission Standards for Hazardous Air Pollutants (NESHAPs), established by industry sector. No such standards have been established specifically for animal feeding operations. Ammonia and hydrogen sulfide, two air pollutants associated with animal feeding operations, are not regulated as federal hazardous air pollutants under section 112(b).
The Clean Air Act lists ammonia and hydrogen sulfide in section 112(r)(3), Prevention of Accidental Releases, and both the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) have reporting requirements for releases to the air, including emissions of hydrogen sulfide and ammonia.
In the late 1990s, as noted in an August 2005 press release, US EPA realized that it did not have sufficient air emissions data to implement federal Clean Air Act requirements for animal feeding operations. To resolve the situation, US EPA began discussions with animal feeding operation owners in 2001. These discussions led to a January 31, 2005 EPA Federal Register notice offering individual animal feeding operations an opportunity to voluntarily sign a consent agreement committing animal feeding operations to participate in a nationwide air emission monitoring study and establish a timeline for participating animal feeding operations to achieve compliance with federal air permit, air emission control, and air emission reporting requirements. In return, EPA provided limited amnesty from enforcement action during the term of the agreement.
The Department is not aware of any new or proposed federal regulations pertaining to hazardous air pollutant emissions from animal feeding operations, although EPA was petitioned in 2009 to list concentrated feeding operations under the Clean Air Act section 111(b)(1)(A) and promulgate standards of performance under sections 111(b)(1)(B) and 111(d).
Existing State Regulations
The federal air permit requirements described above are incorporated into state air permit rules in chs.
NR 405,
406, and
407. In addition, chs.
NR 406 and
407 include air permit requirements for minor sources. Emissions associated with animal feeding operations are not, categorically, exempt from these requirements. However, the revisions to chs.
NR 406 and
407 published in July 2004 established an exemption period ending in July 2007 for sources of hazardous air contaminant emissions from agricultural waste. The exemption period was extended, again, in February 2008 for chs.
NR 406 and
407.
Chapter
NR 445 establishes acceptable ambient air concentrations for ammonia and hydrogen sulfide, two pollutants associated with agricultural waste from animal feeding operations. These concentrations are 418 and 335 micrograms per cubic meter, respectively, on a 24 hour average basis. As noted above, ammonia and hydrogen sulfide are not regulated as federal hazardous air pollutants under section 112(b), but are included in 112(r) of the Clean Air Act.
Similar to federal reporting requirements, state reporting requirements include the air spill reporting requirements in ch.
NR 445 and the annual air emission reporting requirements of ch.
NR 438. Air emissions from animal feeding operations are not categorically exempt from these reporting requirements.
The proposed changes to chs.
NR 406,
407, and
445, pertain to implementation of established state air permit requirements and state hazardous air emission requirements for sources of hazardous air contaminants from agricultural waste. The proposed changes will affect the manner in which state and federal regulations differ, but are not expected to resolve the existing differences.
Entities Affected by the Rule
Entities likely to be impacted include owners and operators of animal feeding operations, including small businesses e.g., small farms. Beneficial effects of the rule may be realized by neighbors adjacent to owners and operators of animal feeding operations.
Estimate of Time Needed to Develop the Rule
3,944 hours DNR staff time.
Contact Information
Bart Sponseller
WDNR
101 S. Webster St.
Madison, WI 53701
Phone: (608) 266-1058
