EPA v. Lincoln Pork

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)

• Lincoln PorkNamed in complaintNamed in settlement

Facilities (1)

• LINCOLN PORK

  28992 471 AVENUE, BERESFORD, SD, 57004

  Registry ID: 110028145086

Statutes cited

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

Enforcement conclusions (1)

• Lincoln Porkentered 2006-07-19

  Primary law: CAA

  Federal penalty: $500

Timeline (3 milestones)

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