Agricultural Law Courses Usa
A general description of EPA’s requirements applicable to agriculture, and should only be used as a guide. Since rules and regulations may change use this information is a starting place to determine which regulations apply to your agricultural operation. Introduction to Agricultural Law This page introduces the topic of Agricultural Law. The discussion on this page asks us to consider the two key components: agriculture and law. Selected Legal Principles In taking this course, most of us are studying law for the first time.
| Full title | To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2018, and for other purposes. |
|---|---|
| Colloquial name(s) | The 'farm bill' |
| Introduced in | 113th United States Congress |
| Introduced on | July 10, 2013 |
| Sponsored by | Frank Lucas (R–OK) |
| Effects and codifications | |
| Act(s) affected | Food Security Act of 1985, Federal Crop Insurance Act, Food, Conservation, and Energy Act of 2008, Farm Security and Rural Investment Act of 2002, National Agricultural Research, Extension, and Teaching Policy Act of 1977, and others. |
| U.S.C. section(s) affected | 7 U.S.C.§ 1508, 7 U.S.C.§ 450i, 7 U.S.C.§ 1926, 7 U.S.C.§ 1308, 7 U.S.C.§ 2279, and others. |
| Agencies affected | Under Secretary of Agriculture for Farm and Foreign Agricultural Services, Social Security Administration, Economic Research Service, United States Secretary of Agriculture, Agricultural Research Service, United States Department of Justice, Office of the Inspector General, United States Department of Agriculture, United States Agency for International Development, General Services Administration, United States Forest Service, U.S. Customs and Border Protection, USDA, Office of the Chief Economist, Risk Management Agency, Executive Office of the President, United States Environmental Protection Agency, Natural Resources Conservation Service, United States Department of Labor, United States Congress, Farm Service Agency, National Agricultural Statistics Service, Office of Management and Budget, United States Department of Commerce, Commodity Credit Corporation, United States Department of Transportation, Rural Utilities Service, United States Department of the Interior, United States Department of Education, Department of Health and Human Services, Bureau of Land Management, Federal Emergency Management Agency, Federal Crop Insurance Corporation, United States Department of the Army, U.S. Fish and Wildlife Service, Food and Drug Administration |
| Authorizations of appropriations | At least $27,137,750,000 with an additional unlimited amount |
| Appropriations | $1,200,000,000 |
| Legislative history | |
| |
The Agricultural Act of 2014 (H.R. 2642; Pub.L.113–79, also known as the 2014 U.S. Farm Bill), formerly the 'Federal Agriculture Reform and Risk Management Act of 2013', is an act of Congress that authorizes nutrition and agriculture programs in the United States for the years of 2014-2018.[1] The bill authorizes $956 billion in spending over the next ten years.[2]
The bill passed in the United States House of Representatives on January 29, 2014, and the United States Senate on February 4, 2014 during the 113th United States Congress. U.S. President Barack Obama signed the bill into law on February 7, 2014. The bill is considered two years late, since farm bills are traditionally passed every five years.[3] The previous farm bill, Food, Conservation, and Energy Act of 2008, expired in 2012.[4]
- 1Background
- 2Provisions of the bill
- 4Procedural history
Background[edit]
Farm bills[edit]
In the United States, the farm bill is the primary agricultural and food policy tool of the federal government. The comprehensive omnibus bill is passed every five years or so by the United States Congress and deals with both agriculture and all other affairs under the purview of the United States Department of Agriculture. It usually makes amendments and suspensions to provisions of permanent law, reauthorizes, amends, or repeals provisions of preceding temporary agricultural acts, and puts forth new policy provisions for a limited time into the future. Beginning in 1973, farm bills have included titles on commodity programs, trade, rural development, farm credit, conservation, agricultural research, food and nutrition programs, marketing, etc.[5] Farm bills can be highly controversial and can impact international trade, environmental conservation, food safety, and the well-being of rural communities. The agricultural subsidy programs mandated by the farm bills are the subject of intense debate both within the U.S. and internationally.
The farm bill was first created during the Great Depression to give financial assistance to farmers who were struggling due to an excess crop supply creating low prices, and also to control and ensure an adequate food supply.[6] The first farm bill, known as the Agriculture Adjustment Act (AAA), was passed by Congress in 1933 as a part of Franklin D. Roosevelt's New Deal.[7] The Food, Conservation, and Energy Act of 2008 is the most recent farm bill, prior to this one.
Provisions of the bill[edit]
The bill includes cuts to Supplemental Nutrition Assistance Program (SNAP), commonly known as 'food stamps'.[8] According to The New York Times, the $8 billion in cuts will mean that 850,000 households will lose $90/month in benefits.[8] However, the bill increases funding to food banks by $200 million.[8] SNAP is the largest portion of spending in the bill.[4] The $8 billion in cuts comes from setting a minimum of $20 per year for the Low Income Home Energy Assistance Program (LIHEAP) to receive the Standard Utility Allowance (SUA) deduction, disallow medical marijuana as a deduction and ruling that lottery winners and persons convicted of certain crimes (murder, aggravated sexual abuse, sexual assault, and sexual exploitation and other abuse of children) can't get food stamps.[9] However, the bill would start a new pilot program to encourage people on food stamps to try to find jobs.[4]
The bill places income caps on farm subsidies, has a price support program for dairy farmers and ends direct payment subsidies, which paid farmers whether or not they actually grew any crops.[8] This subsidy had cost $5 billion a year.[8] The bill also removes federal restrictions aimed at growing industrial hemp and allows any states that have legalized its manufacturing to set up research programs to study the benefits of cultivating it.[10] The Agricultural Act of 2014 also contained the Christmas Tree Research and Promotion Order, a commodity checkoff program that established the Christmas Tree Promotion Board.[11]
Spending[edit]
According to Brad Plumer at The Washington Post, the spending in the bill (FY 2014-2023) breaks down in the following manner:[4]
| Area | Amount |
|---|---|
| Food stamps and nutrition | $756 billion |
| Crop insurance | $89.8 billion |
| Conservation | $56 billion |
| Commodity programs | $44.4 billion |
| Everything else | $8.2 billion |
In total, this spending represents about 2.1% of projected federal spending over that time period.[12]
Congressional Budget Office report[edit]
This summary is based largely on the summary provided by the Congressional Budget Office about the effects on direct spending and revenues of the conference agreement on H.R. 2642, as reported on January 27, 2014. This is a public domain source.[13]
The Congressional Budget Office (CBO) estimates that direct spending stemming from the programs authorized by the conference agreement would total $956 billion over the 2014-2023 period, of which $756 billion would be for nutrition programs.[13] Relative to spending and revenues projected under the CBO’s May 2013 baseline, the CBO estimates that enacting the conference agreement would lower budget deficits by $16.6 billion over that 10-year period.[13] The CBO reported that original House version, Federal Agriculture Reform and Risk Management Act of 2013 (H.R. 1947; 113th Congress), would have reduced direct spending by $51.8 billion and increased revenues by $60 million.[1] The original Senate version, Agriculture Reform, Food, and Jobs Act of 2013 (S. 954; 113th Congress), would have decreased direct spending by $17.7 billion and increased revenues by $50 million.[1]
Most spending under the legislation would stem from provisions regarding nutrition (title IV), crop insurance (title XI), commodity programs (title I), and conservation programs (title II).[13]
Title I - Commodities. CBO estimates that enacting title I would reduce spending on commodity programs by $14.3 billion over the 2014-2023 period, $3 billion to $4 billion less than under the House- and Senate- passed bills. The conference agreement, as well as both the House and Senate bills, would end fixed payments and certain other existing forms of price and income support to producers. They would all establish new programs that would require producers to choose between price supports or a guarantee of some of their expected revenue.[1]
Title IV - Nutrition. Title IV of the conference agreement would reduce nutrition spending by $8 billion over the 2014-2023 period, CBO estimates. The House-passed bill would reduce such spending by $39 billion over the 10-year period. It includes two provisions not contained in the conference agreement that would reduce spending on the Supplemental Nutrition Assistance Program (SNAP) by restricting the definition of categorical eligibility for the program and reducing the number of waivers from work requirements available for certain adult SNAP recipients. The Senate-passed bill would reduce nutrition spending by $4 billion over the next 10 years, about half the reduction in the conference agreement. It contains a proposal to limit heating and cooling allowances for SNAP participants that is less restrictive than the provision include in the conference agreement.[1]
Title XI - Crop Insurance. The conference agreement's provisions on crop insurance would increase costs by $5.7 billion over the 2014-2023 period, CBO estimates. Total spending for crop insurance over the 2014-2023 period would increase by about $9 billion under the House-passed legislation and by about $5 billion under the Senate-passed legislation.[1]
This estimate does not include the additional discretionary spending for agricultural programs that would result from implementing the conference agreement; such spending would be subject to future appropriation actions. CBO also has not reviewed the conference agreement for intergovernmental or private-sector mandates.[13]
Procedural history[edit]
Legislation in 2013[edit]
The Federal Agriculture Reform and Risk Management Act of 2013 (version H.R. 2642) was introduced into the United States House of Representatives on July 10, 2013 by Rep. Frank Lucas (R-OK), the chairman of the United States House Committee on Agriculture.[14] The bill was referred to that committee. On July 11, 2013, the House voted in Roll Call Vote 353 to pass the bill 216-208, after several failed attempts were made to delay or amend the bill.[14] The United States Senate received the bill on July 16, 2013. On July 18, 2013, the Senate voted to amend the bill by replacing most of it with language from their proposed farm bill, the Agriculture Reform, Food, and Jobs Act of 2013 (S. 954; 113th Congress). The amended bill passed the Senate by unanimous consent on July 18, 2013 and the Senate requested a conference with the House on the bill. The Senate selected Senators Stabenow, Leahy, Harkin, Baucus, Brown, Klobuchar, Bennet, Cochran, Chambliss, Roberts, Boozman, and Hoeven as their conferees.[14]
Conference committee[edit]
Eventually, on October 12, 2013, the House agreed to a conference on the bill and conferees were chosen:
- Steve Southerland (R-FL)
- Marcia Fudge (D-OH)
- Dave Camp (R-OH)
- Sam Johnson (R-TX)
- Sander Levin (D-Mich.)
- Ed Royce (R-CA)
- Tom Marino (R-PA.)
- Eliot Engel (D-NY)
- Frank Lucas (R-OK)
- Steve King (R-IA)
- Randy Neugebauer (R-TX)
- Michael D. Rogers (R-Ala.)
- Mike Conaway (R-TX)
- Glenn Thompson (R-PA)
- Austin Scott (R-GA)
- Rick Crawford (R-AR)
- Martha Roby (R-Ala.)
- Kristi Noem (R-SD)
- Jeff Denham (R-CA)
- Rodney Davis (R-Ill.)
- Collin Peterson (D-MN)
- Mike McIntyre (D-NC)
- Jim Costa (D-CA)
- Tim Walz (D-MN)
- Kurt Schrader (D-Ore.)
- Jim McGovern (D-MA)
- Suzan DelBene (D-WA)
- Gloria Negrete McLeod (D-CA)
- Filemon Vela, Jr. (D-TX)[14]
On January 27, 2014, the Conference Committee report was released. On January 29, 2014, the House voted 251-166 to pass the bill.[2] In the House, a majority of Republicans voted in favor of the bill (163-62) and the Democrats split almost evenly (89-103).[3] The Senate then voted 68–32 on February 4, 2014, to approve the full five-year farm bill, sending it to President Barack Obama to be signed into law.[15][16]
Debate and discussion[edit]
Both Speaker of the House John Boehner and Majority Leader Eric Cantor supported the bill and asked other Republicans to do so.[8] However, both men indicated they would have preferred additional changes.[8]
On January 29, 2014, after passage in the House, it was considered 'unclear' what President Obama thought of the farm bill because he had previously 'signaled his opposition to any bill that cut food stamps and expanded crop insurance.'[8]
Feeding America said that the cuts to food stamps would 'result in 34 lost meals per month for the affected households.'[8]
See also[edit]
Notes/References[edit]
- ^ abcdef'CBO - H.R. 2642 conference version'(PDF). Congressional Budget Office. Retrieved 29 January 2014.
- ^ abPete Kasperowicz; Erik Wasson (29 January 2014). 'House passes $956B farm bill'. The Hill. Retrieved 29 January 2014.
- ^ abBernstein, Jonathan (29 January 2014). 'Farm Bill Proves Politics Isn't Dead. Yet'. Bloomberg. Retrieved 29 January 2014.
- ^ abcdPlumer, Brad (28 January 2014). 'The $956 billion farm bill, in one graph'. The Washington Post. Retrieved 29 January 2014.
- ^CRS Report for Congress: Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition – Order Code 97-905Archived 2011-02-12 at the Wayback Machine,
- ^Alison Crissman (12 June 2013). 'Senate approves new farm bill'. The Daily Iowan. Retrieved 18 June 2013.
- ^Scott Neuman (13 June 2013). 'Why The Farm Bill's Provisions Will Matter To You'. NPR. Retrieved 18 June 2013.
- ^ abcdefghiNixon, Ron (29 January 2014). 'House Approves Farm Bill, Ending 2-Year Impasse'. The New York Times. Retrieved 29 January 2014.
- ^Agricultural Act of 2014: Sections 4005-4009
- ^Campbell, Greg (8 February 2014). 'Farm bill clears the way for hemp production'. The Daily Caller. Retrieved 26 March 2014.
- ^'As Required by New Farm Bill, USDA to Allow Christmas Tree Research and Promotion Program to Move Forward', press release, United States Department of Agriculture, Agricultural Marketing Service, April 4, 2014, accessed November 19, 2014.
- ^'An Update to the Budget and Economic Outlook: 2014 to 2024'. Congressional Budget Office. 27 August 2014. Retrieved 27 November 2014.
- ^ abcde'H.R. 2642 - CBO'. Congressional Budget Office. Retrieved 29 January 2014.
- ^ abcd'H.R. 2642 - All Actions'. United States Congress. Retrieved 29 January 2014.
- ^Rogers, David (4 February 2014). 'Congress approves five-year farm bill'. Politico. Retrieved 4 February 2014.
- ^'U.S. Senate Roll Call Votes 113th Congress - 2nd Session'. United States Senate. Retrieved 4 February 2014.
Further reading[edit]
- Bosso, Christopher. Framing the Farm Bill: Interests, Ideology, and Agricultural Act of 2014 (University Press of Kansas, 2017).
- Orden, David and Carl Zulauf. 'Political economy of the 2014 farm bill.' American Journal of Agricultural Economics 97.5 (2015): 1298-1311. online online]
- Zulauf, Carl and David Orden, 'The US Agricultural Act of 2014: Overview and Analysis.' (International Food Policy Research Institute discussion paper 01393, 2014) online
External links[edit]
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Related Information
This is a general description of EPA’s requirements, and should only be used as a guide. Since rules and regulations may change, use this information as a starting place to determine which regulations apply to your agricultural operation.
About these lists:
- Programs applicable to the general public, common to multiple sectors, manufacturers of food products, and retailers may not be included.
- Some requirements only apply after a threshold is reached [e.g., size, geographical location].
- Many States have similar requirements to EPA’s but may be more stringent or broader in scope.
Check with your State and/or EPA Regional Office for more information.
| Topic | Type of Farm or Ranch Activity | Link to Program Area Information | Requirements of Farm |
|---|---|---|---|
| Aquaculture | Criteria to determine which aquaculture discharges require an NPDES permit. | Concentrated Aquatic Animal Production (CAAP) facilities | Permit required if meet specific conditions |
| Livestock and Poultry Production | Concentrated Animal Feeding Operations that discharge to a water of the U.S. | Concentrated Animal Feeding Operation Rule | NPDES Permit required if CAFO discharges to a water of the U.S. |
Livestock and Poultry Production | All Large Concentrated Animal Feeding Operations that land apply manure. | Concentrated Animal Feeding Operation Rule | Large CAFOs that land apply manure must meet nutrient planning requirements. Permit required if CAFO discharges to a water of the U.S. |
| If aggregate of non-fugitive emissions of any regulated pollutant exceeds 100 tpy. Also, generally, sources that are major under Section 112, Section 302, or Part D of title I are also considered major under title V and required to obtain a title V permit. | Title V Permit | Apply for permit | |
| The source must apply for a permit if aggregate of non-fugitive emissions of any regulated pollutant exceeds a certain threshold amount depending on the attainment/non-attainment status of the area and on the pollutant. This requirement applies to new sources as well as to major modifications of sources. | New Source Review / Prevention of Significant Deterioration permit | Apply for permit |
| Topic | Type of Farm or Ranch Activity: | Link to Program Area Information | Requirements of Farm |
|---|---|---|---|
| Pesticide use by workers or handlers: | Mixing, loading and application of pesticides and any other farm labor that involves exposure to pesticides. | Label restrictions typically require protective clothing and engineering controls (e.g., tractors with enclosed cabs and air recirculation systems). | |
| Restricted Pesticide Use: | Pest control with the use of ‘restricted use’ pesticides. | Required training for farmers and/or their pesticide applicators that use ‘restricted use’ pesticides. | |
| Pesticide Use: | Storage and disposal of pesticides and pesticide containers. | Follow label instructions for storing and disposing of pesticides and containers. | |
| Pesticide Use and Water: | Applications of (1) biological pesticides and (2) chemical pesticides that leave a residue, in which applications are made directly to waters of the United States, or where a portion of the pesticide will unavoidably be deposited to waters of the United States. | Water Related Pesticides Rule | Applications required to be covered under a National Pollutant Discharge Elimination System (NPDES) permit. |
| Pesticide use and endangered species: | Pest control on farmland or forests that have endangered species habitat. | Farmer must follow label requirements and county bulletin requirements (if available) to ensure protection of endangered species. | |
| Pesticide Use: | Crop and livestock production practices that involve pest control. | Follow label instructions to apply pesticide legally. | |
| Pesticide Use: | Farms that dispose of pesticide residues and rinsates off-site | Proper disposal of pesticide hazardous wastes Waste pesticides disposed of on a farmer’s own property in compliance with specified waste management requirements, including the disposal instructions on the pesticide label, are not subject to the TSD facility standards. Even wastes that exhibit one or more of the characteristics of a hazardous waste are exempt from regulation when the farmer triple rinses each emptied pesticide container and disposes of the rinsate on his own farm in compliance with the disposal instructions on the label. However,
Irrigation return flows are not solid wastes. Farmers can dispose of non-hazardous waste (e.g. agricultural wastes including manure, crop residues returned to the soil as fertilizers or soil conditioners; solid or dissolved materials in irrigation return flows) on their own property unless prohibited by other State or local laws. | |
| Land Application: | Farms that land apply biosolids or which own land on which biosolids are land applied. | Federal permit generally not required, but farms must directly meet regulatory requirements for pollutant limits, management practices, operational standards, reporting and other requirements. | |
| Forestry: | Rock crushing, gravel washing, log sorting, and log storage facilities | Silviculture | Permit required for specific forestry activities |
| Topic | Type of Farm or Ranch Activity: | Link to Program Area Information | Requirements of Farm |
|---|---|---|---|
| Drinking water: | Farms providing for human consumption (e.g., drinking, showering) from its own source to 25 people or through 15 service connections for more than 59 days/year | Total coliform, nitrate testing most likely. Surface water source would invoke other Non Drinking Water regulations. |
| Topic | Type of Farm or Ranch Activity: | Link to Program Area Information | Requirements of Farm |
|---|---|---|---|
| Reciprocating internal combustion engines: | The engine must comply with this regulation if it is located at a facility whose emissions are at least 10tpy of one HAP or 25tpy of total HAP and if the engine itself is at least 500 HP. | Stationary Engines or Reciprocating Internal Combustion Engines (RICE) (National Emission Standard for Hazardous Air Pollutants (HAP) – 40 CFR Part 63, subpart ZZZZ)/Standards of Performance for Stationary Spark Ignition Internal Combustion Engines (New Source Performance Standards – 40 CFR Part 60, subpart JJJJ)/Standards of Performance for Stationary Compression Ignition Internal Combustion Engines (New Source Performance Standards – 40 CFR Part 60, Subpart IIII) | Comply with regulatory requirements |
| On and Off-Road equipment: | Farm vehicles, engines, equipment and fuels. | Producers are subject to various mobile source requirements, similar to other similar users/operators of highway and off-road vehicles, engines, equipment, and fuel. | |
| Oil Storage: | Farm that stores, transfers, uses, or consumes oil or oil products, such as diesel fuel, gasoline, lube oil, hydraulic oil, adjuvant oil, crop oil, vegetable oil, or animal fat; and stores more than 2,500 U.S. gallons in aboveground containers; and could reasonably be expected to discharge oil to waters of the United States or adjoining shorelines, such as interstate waters, intrastate lakes, rivers, and streams. | Prepare and implement an SPCC Plan (plan may need to be certified by a professional engineer or farmer may be able to self-certify, see link for more information) | |
| Oil Storage: | Any farm/facility storing 1,000,000 gallons or more of oil and meets certain harm factors or storing 42,000 gallons or more and transfers oil to/from vessels. | Prepare a Facility Response Plan and submit to EPA | |
| Underground storage tanks (UST): | Farms with underground storage tanks with a capacity of more than 1,100 gallons of motor fuel. Farm and residential USTs and their associated underground piping holding less than 1,100 gallons of motor fuel for non-commercial purposes, tanks holding less than 110 gallons, tanks holding heating oil used on the premises, septic tanks, and other listed tanks are excluded from regulations. | Underground storage tanks (UST) | Underground storage tanks that are not excluded must meet regulations related to design, construction, installation, notification, monitoring, operating, release detection, reporting to State or Federal regulatory agencies, owner record keeping, corrective action, closure and financial responsibility. |
| Used Oil | Farms storing more than 25 gallons in underground or above-ground tanks. Farmers who generate an average of 25 gallons or less per month of used oil from vehicles or machinery used on the farm in a calendar year are exempt from used oil regulations. | Farmers exceeding 25 gallons are required to store the used oil in tanks meeting underground or above ground technical requirements and use transporters with EPA authorization numbers for removal from the farm. | |
| Oil spill: | Any farm that has a discharge of oil that may reach navigable waters or adjoining shoreline | Report spills of oil that reach waterways to the National Response Center | |
| Air Emissions: | Boilers (Steam Generating Units) | Comply with regulatory requirements | |
| Air Emissions: | Engines | Comply with regulatory requirements |
| Topic | Type of Farm or Ranch Activity: | Link to Program Area Information | Requirements of Farm |
|---|---|---|---|
| Building/Construction | Stormwater discharges from construction activities (such as clearing, grading, excavating, and stockpiling) that disturb one or more acres, or smaller sites that are part of a larger common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) stormwater program. | Stormwater | Obtain a permit or obtain coverage under a general permit prior to discharging stormwater. |
| Building renovation/demolition: | Renovations of buildings which contain a certain threshold amount of friable asbestos, and during demolitions of all structures, installations, and facilities (except apartment buildings that have no more than four dwelling units). | The Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) is intended to minimize the release of asbestos fibers during activities involving the handling of asbestos. Accordingly, it specifies work practices to be followed during renovations of buildings. | |
Building renovation/repair/ painting: | Home renovation, repairs, or painting that disturb lead-based paint. | EPA's Lead Renovation, Repair and Painting Rule (RRP Rule) requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 have their firm certified by EPA (or an EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead-safe work practices. | |
| Dredge and Fill: | What the Clean Water Rule Does Not Do |
| Topic | Type of Farm or Ranch Activity: | Link to Program Area Information | Requirements of Farm |
|---|---|---|---|
| Underground injection: | Farms operating injection well(s) | Submit injection well inventory information; must not endanger underground sources of drinking water | |
| Hazardous waste: | Farms that generate, transport, treat, store or dispose of hazardous waste | Proper handling of listed and characteristic hazardous |
| Topic | Type of Farm or Ranch Activity: | Link to Program Area Information | Requirements of Farm |
|---|---|---|---|
Farms located in air “non-attainment” areas | Particulate Matter (PM) National Ambient Air Quality Standards (NAAQS): Some agricultural sources in PM10 nonattainment areas are impacted by PM10 standards to satisfy reasonably available control measures and control technologies requirements. PM2.5 SIPs will be due no later than April 2008. In those SIPs, states will evaluate, on an area by area basis, whether there is a need to regulate PM 2.5 or PM 2.5 precursors from ag related sources. Ozone NAAQS: Some agricultural areas are impacted by these standards which primarily deal with nitrogen oxides (NOX) and Volatile Organic Compound (VOC) emissions. These have the potential to impact some animal production practices and have potential to impact pesticide application practices. NOX emissions from stationary engines could be impacted by these standards and the corollary implementation rules. | ||
| Air emissions: | If aggregate of non-fugitive emissions of any regulated pollutant exceeds 100 tpy. Also, generally, sources that are major under Section 112, Section 302, or Part D of title I are also considered major under title V and required to obtain a title V permit. | Apply for permit | |
| Air emissions: | The source must apply for a permit if aggregate of non-fugitive emissions of any regulated pollutant exceeds a certain threshold amount depending on the attainment/non-attainment status of the area and on the pollutant. This requirement applies to new sources as well as to major modifications of sources. | New Source Review / Prevention of Significant Deterioration permit | Apply for permit |
| Hazardous substance release: | Any farm handling Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances that has had or currently has a threat of a release that is determined to be an imminent and substantial danger to public health or welfare. | Allow access to federal responders; hire contractor(s) for response/cleanup actions | |
| Hazardous substance release: | Report releases of hazardous substances to the National Response Center. | ||
| Hazardous substance releases: | Any farm that releases more than a reportable quantity or more of an extremely hazardous substance or a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance. Hazardous chemicals used in routine agricultural operations or a fertilizer held for resale by a retailer are excluded. | Report releases of extremely hazardous substances or CERCLA hazardous substances to state and local emergency planning entities |
| Topic | Type of Farm or Ranch Activity: | Link to Program Area Information | Requirements of Farm |
|---|---|---|---|
| Hazardous substances: | Farms that handle hazardous substances. | The owners and operators of stationary sources (facility) that handle any extremely hazardous substance in any quantity have a general duty to identify hazards, design and operate a safe facility and to prevent and/or mitigate accidental releases | |
| Hazardous substances: | Any farm handling more than a threshold quantity of extremely hazardous substances or substances requiring an Occupational Safety and Health Administration (OSHA) material safety data sheet (MSDS) | Report inventory of certain extremely hazardous substances to State and local planning entities | |
| Toxic and/or flammable substances: | Facilities that handle more than a threshold quantity of certain toxic and/or flammable substances Listed agricultural nutrients when held by a farmer are excluded (e.g. ammonia); and flammables used as a fuel | Must implement a chemical accident program and prepare and submit a Risk Management Plan (RMP) to EPA |