Animal Feeding Operation Air Emission Exemption: Final Rule Summary

1. Animal Feeding Operation Air Emission Exemption: Final Rule Summary Greg Bazley EPA, Region VIII, Denver, CO 303.312.6255 bazley.greg@epa.gov

2. What is in the Final Rule? • On December 18, 2008 EPA published a final rule (effective January 20, 2009) that clarified which livestock facilities must report air emissions from their facilities • Administrative exemption for animal feeding operations from reporting air emissions that normally occur from raising farm animals under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) • Animal feeding operations that are not large Concentrated Animal Feeding Operations (CAFOs) according to NPDES permitting rules, are also exempt from reporting under EPCRA (Emergency Planning and Community Right to Know Act)

3. What is a “large” animal feeding operation (AFO)? • For the listed animals, a “large” AFO is one confining at least: • 700 ---------- mature dairy cows, whether milked or dry • 1,000 ------- veal calves • 1,000 ------- cattle other than mature dairy cows or veal calves  (“cattle" includes, but is not limited to, heifers, steers, bulls and cow/calf pairs.) • 2,500 -------- swine each weighing 55 pounds or more • 10,000 ------ swine each weighing less than 55 pounds • 55,000 ------ turkeys • 30,000 ------ laying hens or broilers, if the farm uses a liquid manure handling system • 125,000 ----- chickens (other than laying hens) if the farm uses other than a liquid manure handling system • 82,000 ------- laying hens, if the farm uses other than a liquid manure handling system

4. How do I calculate air releases? • The amount of ammonia and hydrogen sulfide released varies depending on climate, temperature, type of confinement, and manure handling • The owner/operator must perform “good faith” estimates • Although EPA does not endorse a specific method, several universities have worksheets available on-line (listed on last slide)

5. Animal Feeding Operation (AFO) Ammonia Loss Estimates:(These numbers are only estimates and not based on the conditions at specific AFO sites which should be calculated using site specific information)Number estimated to meet ammonia reporting threshold of 100 lbs: Dairy Cattle = 91 head(worst case)(Open dirt lots in hot arid region with an anaerobic lagoon) Dairy Cattle = 1,250 head(best case)(Roofed facility, manure scraped and composted with high carbon material) Poultry (worst case) Layers = 76,923 Broilers = 108,695 Turkey = 50,000 Swine = 556 (worst case) Lactating Sow (Roofed facility w/anaerobic lagoon)

6. How do I report? If a Reportable Quantity (RQ) of 100 lbs is exceeded in a 24 hour period... • Step 1: Call SERC and call LEPC • Step 2: Within 30 days of the initial call (step 1) owner/operator must submit a “continuous release” form to SERC and LEPC • Continuous and stable in quantity and rate • Step 3: On the 1 year anniversary date of first written notification, must reassess accuracy of calculation in writing to SERC and LEPC

7. Resources Region 8 Contacts • Greg Bazley, EPA Region 8, 303-312-6255 bazley.greg@epa.gov • Jennifer Meints, Region 8 Ag Advisor, 303-312-6334 meints.jennifer@epa.gov Release Calculation Worksheets • Iowa State University - http://www.extension.iastate.edu/airquality • Animal specific reports, association forms, comments, etc • University of Nebraska-Lincoln - http://manure.unl.edu Continuous Release Reporting Form http://www.epa.gov/emergencies/docs/chem/cont_rel/Continuous%20Release%20Form.pdf Form Guidance: http://www.epa.gov/superfund/policy/release/faciliti.htm EPA websites EPA Ag Website: http://www.epa.gov/agriculture/news/index.html EPA Region 7 Rule Summary: http://www.epa.gov/region07/factsheets/2009/exemptions_air_farm_animal_waste0109.htm