EPA v. Herb Winter

Case summary

The Animal Feeding Operation (AFO) Air Compliance Agreement is EPA's voluntary consent agreement to minimize emissions from certain AFOs and to ensure those operations comply with the Clean Air Act (CAA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and the Emergency Planning and Community Right-to-Know Act (EPCRA). Participating AFOs pay a civil penalty based on size and number of farms to resolve potential past and current liability under the CAA, CERCLA, and EPCRA and contribute to a fund that will cover a two-year, nationwide monitoring study of AFO air emissions.

Defendants (1)

• Herb WinterNamed in complaintNamed in settlement

Facilities (1)

• HERB WINTER

  NW 1/4, SECTION 9, TOWNSHIP 99, RANGE 31, ARMSTRONG, IA, 50514

  Registry ID: 110028134070

Statutes cited

• CAA 502 — Operating Permits (Title V)
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 173 — New Source Review Permit Requirements

Enforcement conclusions (1)

• Herb Winterentered 2006-07-19

  Primary law: CAA

  Federal penalty: $200

Timeline (3 milestones)

• 2006-07-18Complaint Filed/Proposed Order
• 2006-07-19Final Order Issued
• 2006-09-14Enforcement Action Data Entered