On Nov. 14 – nearly 20 years after the Environmental Protection Agency entered into historic Air Consent Agreements with livestock producers – the agency released a series of proposed Emission Estimating Methodologies for public comment. Once finalized, these models will trigger a series of obligations for livestock producers who signed ACAs. EPA’s deadline to submit comments is Feb. 17.

Following a meeting of the NPPC Environmental Policy Committee with EPA’s Office of Air Quality and Planning Standards in North Carolina last week, the National Pork Producers Council led a coalition of livestock and poultry groups Friday in requesting EPA to extend the comment period 180 days. The coalition emphasized the need for sound science in the models and protection of farmers’ due process rights.

EPA emissions estimating methodologies stem from data gathered during the 2008-2009 National Air Emissions Monitoring Study, which involved producers entering legally binding “air compliance agreements” in 2005. These agreements absolved producers of Clean Air Act emissions violations in exchange for participating in the study. Under the agreements, those producers who signed up are required to meet various compliance and reporting deadlines that are triggered by the release of final EEMs.

Related:Juergens to serve as next Iowa Pork Producers Association president

EPA’s models will be used as a basis for how state and federal agencies regulate air emissions from livestock farms in the future. Pork industry researchers have raised concerns about the accuracy and usability of the models since EPA released early drafts in 2021. At NPPC’s ECP meeting, it became evident that ample time is needed to thoroughly review and test the latest models to ensure they are sound and fair to producers.

NPPC is actively engaged with EPA’s Office of Enforcement and Compliance Assurance to clarify producers' legal obligations under the ACAs. To date, EPA’s responses have fallen short, NPPC says. Despite the concerns with the current emissions models, EPA has demonstrated a willingness to collaborate to ensure they are scientifically sound, accurate and usable.

Pork producers entered the ACAs to advance best-in-class science and to fully understand their environmental impact. According to NPPC, producers who signed ACAs may face compliance deadlines just weeks after the EPA issues a final rule on emissions estimating methodologies.

NPPC will keep members updated on actions that need to be taken.