The U.S. Environmental Protection Agency has published draft air emission estimating methodologies for livestock farms. The National Pork Producers Council is grateful that, after nearly two decades, EPA finally released draft data and air emission estimating methodologies to help farmers better understand the application of the Clean Air Act and other regulations to their farms.

NPPC raised concerns, however, about the time it took to publish the draft methodologies, EPA’s failure to answer critical questions on their implementation, the obligations of farmers who entered consent agreements with EPA, and how the agency intends to ultimately communicate those obligations to the farmers. EPA will be accepting comments on the draft models for 90 days, until February 17, 2025.

In 2006, the pork industry negotiated with EPA “air consent agreements” that absolved producers from CAA emissions violations – because there were no standards for measuring air emissions from farms – in exchange for participating in a National Air Emissions Monitoring Study. Data on various farm emissions, including ammonia and hydrogen sulfide, from NAEMS was transmitted in 2010 to EPA for developing estimating methodologies.

Throughout the process, as it did in 2006, NPPC has pointed out that “every farm is different, and there are no easy ways to develop emission reporting or permitting thresholds.” It has been suggested that federal agencies focus on reducing burdens on food production and easing the effects of inflation rather than setting standards for emissions that on farms quickly dissipate.

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NPPC notes once finalized by EPA, farmers who signed the air consent agreements in 2006 may be obligated to take specific actions under the terms of those consent agreements. When poorly conceived or implemented, EPA rules can add significant burdens to agricultural producers and expose farmers and the industry to abusive attacks by activists and trial lawyers.