of pollutants are released. The material that follows provides a brief description of the federal laws that govern emissions from animal feeding operations.

Table 6-1 provides an overview of some of the provisions that may affect animal feeding operations under these federal statutes. More detailed information about regulated pollutants under the CAA appears in Appendixes G and H.


The Clean Air Act (42 USC §§ 7401-7671q), as amended, is the federal statute that governs air pollution. The CAA authorizes regulatory programs, including standards for ambient air quality to protect public health and welfare, special measures for regions that have not attained those standards, operating permits for stationary sources of air pollution, control technologies for new sources of air pollution, and measures to control hazardous air pollutants, as well as other programs (this chapter does not describe every CAA program). The CAA delegates rulemaking and enforcement authority to the federal EPA, which implements the act. States play an important role in carrying out CAA provisions and ensuring that state air quality meets federal air quality standards. States normally

TABLE 6-1 Overview of Federal Statutes and Their Provisions


Regulated Activity




Major stationary source, 42 USC §§ 7602(j), 7661a

Emits or has potential to emit 100 tpy of any air pollutant

Permits, emission fees


Major source of hazardous air pollutant, 42 USC § 7412

Emits or has potential to emit 10 tpy of a HAP or 25 tpy of HAPs

Emission standards, permits


Reportable releases, 42 USC § 9603

NH3, H2S: 100 ppd

Reporting requirement


Reportable releases, 42 USC § 11004

NH3, H2S: 100 ppd

Reporting requirement


NPDES point source requirements, § 33 USC 1342; 40 CFR part 122

Size or regulatory determination of CAFO status

NPDES permit (state or federal)


EPA effluent limitations and performance standards, 40 CFR part 412

Size (1000 animal units)

Effluent limitation guidelines and performance standards in NPDES permit


Nonpoint source pollution, 16 USC § 1455b

Large or small AFOs without NPDES permits

Management measures in coastal zones identified by states

NOTE: NPDES = National Pollutant Discharge Elimination System; ppd = pounds per day; tpy = tons per year.

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