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Milk An Environmental Hazard? Posted May 28, 2010 by Ken Delaney

The Michigan Farm Bureau (MFB) backs legislation introduced by U.S. Congresswoman Candice Miller which would direct the Environment Protection Agency (EPA) to change their designation of milk as an environmental hazard.


The legislation is in response to EPA's Oil Spill Prevention, Control and Countermeasure (SPCC) Program, as initiated under the Clean Water Act, which considers milk the same as oil and directs dairy farmers to have an oil spill prevention plan. If they don't, farmers are subject to punitive damages.


EPA categorizes milk as oil in its rules stating, "milk typically contains a percentage of animal fat, which is a non-petroleum oil. Thus, containers storing milk are subject to the SPCC rule when they meet the applicability criteria..."


Under Miller's legislation, dairy operations with diesel fuel and oil tanks would still be required to meet the EPA regulations for spill prevention and control measures. But beyond that EPA would be prohibited from enforcing the regulations on dairy and dairy product farmers, processors, handlers and distributers.


"Farm Bureau appreciates Congresswoman Miller's quick action in working to resolve this issue. This is a great example of how dialed into agricultural issues the Congresswoman is," said Ryan Findlay, Michigan Farm Bureau national legislative counsel. "Spilt milk is not the same as oil and Congresswoman Miller is spot on in stressing that bulk tanks designed for milk and dairy products shouldn't require oil spill plans. EPA's attention should be on preventing oil spills in our nation's waters and shores."


In a news release about the bill's introduction, Miller said the EPA's criterion places undue, over-burdensome and costly regulatory requirements on dairy farmers.

"Milk is a natural resource and directing the EPA to proceed with exempting our dairy producers is a common sense solution," she said.

Miller added: "We see on television every day the devastation being wrought in the Gulf of Mexico by the ongoing oil spill. It is simply ridiculous for the EPA to suggest that milk presents the same danger to our environment as oil. The federal government's focus on the Gulf oil spill has been brought into question and one has to wonder if ridiculous requirements like this are a reason why. The EPA has an important job and it should properly place its focus where it belongs - on spilled oil, not spilled milk."

 

Farm Groups Oppose EPA Regulations Posted May 20, 2010 by Ken Delaney

The American Farm Bureau Federation (AFBF) and 48 other farm groups have joined together in urging the Senate to adopt a resolution that would prevent the Environmental Protection Agency (EPA) from regulating greenhouse gases under the Clean Air Act without prior Congressional approval.

AFBF President Bob Stallman said virtually all of American agriculture is united in the belief that regulation of carbon dioxide and other greenhouse gases should be decided by Congress, not arbitrarily created by a federal regulatory agency.

"Farm Bureau has said all along that the Clean Air Act is not the place to regulate greenhouse gas emissions. The EPA's scheme will lead to increased input costs and costly regulations for farmers. Passage of a disapproval resolution by Congress is the best way to ensure that national policy is set by policymakers accountable to the people and not by unelected bureaucrats at EPA."

The Senate is expected to vote soon on the resolution introduced by Sen. Lisa Murkowski (R-Alaska) that will effectively veto the EPA's scheme to regulate carbon dioxide and other greenhouse gases as pollutants.

In a letter sent to members of the Senate on Tuesday, the broad coalition of agricultural groups, representing crop and livestock producers and allied industries, explained that without relief from Congress, agriculture could suffer severe economic impacts from the EPA's plan to regulate stationary sources of greenhouse gas emissions.

Regulation of stationary sources of greenhouse gas emissions will begin on Jan. 2, 2011, when these sources will be affected through such programs as Prevention of Significant Deterioration (PSD) and Title V operating permits, according to the coalition's letter.

While EPA has indicated it will start regulating larger emitters in excess of 50,000 tons annually, it does not have the discretion not to regulate smaller emitters. Only Congress can address that question, and existing provisions of the Clean Air Act put these levels at 100 and 250 tons of emissions annually, according to the agricultural groups. 

The letter states that according to EPA's own estimates, full implementation "would cost farmers (more than) $866 million" just to obtain Title V operating permits for their farms and livestock operations.