EPA v. Tuls Cattle Co. III

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)

• Tuls Cattle Co. IIINamed in complaintNamed in settlement

Facilities (1)

• TULS CATTLE CO. III

  496 CR 12, CLOVIS, NM, 88101

  Registry ID: 110028167819

Statutes cited

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

Enforcement conclusions (1)

• Tuls Cattle Co. IIIentered 2006-08-07

  Primary law: CAA

  Federal penalty: $1,000

Timeline (3 milestones)

• 2006-08-04Complaint Filed/Proposed Order
• 2006-08-07Final Order Issued
• 2006-09-15Enforcement Action Data Entered