Administrator Air/Radiation Dock
Environmental Protection Agency
6102T, 1200 Pennsylvania Ave., NW.
Washington, DC 20460.

Re: Docket number OAR-2004-0237 (Animal Feeding Operations Consent Agreement)

Dear Administrator,

Thank you for accepting my comments on the Animal Feeding Operations Consent Agreement final order, which details a voluntary agreement between animal feeding operations (AFOs) and the EPA in regards to an air emissions monitoring study.

As an American, I very strongly oppose adopting the Consent Agreement in its current form because it completely lets the AFOs off the hook so that they continue with impunity to release air emissions that harm human health, endangering farm workers, children, and nearby residents. The Agreement is unacceptably flawed for offering immunity from being sued and liability releases "from certain past and on-going CAA, CERCLA and EPCRA violations" to AFOs. EPA, in fact, already has the authority to require AFOs to monitor their emissions, provide the agency with data, and comply with federal law.

This Agreement does nothing more than delay enforcing regulations, and put the environment and public health at risk. Without the threat of civil penalties, AFOs have little incentive to limit their emissions, which can be very harmful to human health. All polluters should be subject to current federal law- including penalties- regarding air quality. Since this exemption is unnecessary and removes accountability for polluters, I very strongly urge that the Agreement is stripped of all exemptions from federal law enforcement for AFOs.

Air emissions from AFOs should be better regulated according to current rules in 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). The EPA’s plan for improving enforcement of these laws at AFOs, detailed in the Agreement, outrageously calls for exempting AFOs from penalties for violating these laws for several years in order to conduct and finance a monitoring study.

Also, the Agreement’s offer of immunity in exchange for a tiny one-time financial contribution (a maximum of just several thousand dollars per AFO) to the study is unacceptable. Considering that EPA can fine polluters $27,000 a day for violations, this is a ridiculously small fee for over 3 years of protection from such fines.

As written, this extremely flawed Consent Agreement is a giveaway to industry and sacrifices public health and corporate accountability. Unless the Agreement is stripped of all exemptions from federal law enforcement for AFOs, it should be scrapped.