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EPA proposes repeal of reporting rule Sunday, Mar 16, 2008 By Sara Spivey Stephens Washington Bureau WASHINGTON - The Environmental Protection Agency has proposed to repeal a rule that requires factory farms to report high levels of toxic gases released from animal waste. After having the rule on its books for more than 20 years, the agency says the reports are unnecessary and unused by the national, state and local emergency response organizations they were designed to inform. The EPA is taking public comment until March 28 on its proposal. Clean-air advocates oppose the change, and are trying to draw attention to what they contend could be an initial step toward relaxing other environmental quality rules as they affect farming. S. William Becker, the executive director of the National Association of Clean Air Agencies, said the EPA's proposal would have the effect of loosening restrictions on concentrated animal farming operations and declassifying animal-waste emissions as hazardous substances. Environmental groups want to ensure that "concentrated animal feeding operations are going to comply with the same law that every other major source of air pollution is required to comply with," Becker said. He said the reporting requirement, if enforced, might be a sufficient deterrent to polluters. Organizations like the California Cattleman's Association, Dairy Business Association and the North Central Florida Local Emergency Planning Committee have filed comments in favor of the reporting exemption. The EPA and these groups say the rule only creates more paperwork, and is a burden on farm operators. The rule applies to any farm that makes more than $1,000 in profit or receives $1,000 in government subsidies. These farms are required to report when their emissions of substances like ammonia or hydrogen sulfide reaches above allowable levels, though it does not cap the amount. At high levels, both gases can cause serious health effects in humans. Exposure to either may cause respiratory problems, nasal and eye irritation, heart attacks, increased severity of asthma attacks, vision problems. Or they could be fatal in large enough amounts, according to a published report by G. TomTabler, a project manager at the University of Arkansas. Tabler said poultry farms account for about 27 percent of total ammonia emissions in the United States. But to know if a producer is emitting more than allowable levels of ammonia, the producer must first be measuring them, and many farms in Arkansas do not, said Evan Teague, a spokesman for the Arkansas Farm Bureau. Teague said that the reporting requirement has never been enforced by the EPA. Agency spokesman Dave Ryan said violations of the rule might result in up to a $32,500 fine per day. But it could not be learned from the EPA how often the rule has been enforced. If the rule was enforced, the reports would overwhelm government agencies with unnecessary paperwork and phone calls, said Gary Mickelson, a spokesman for Tyson Foods, Inc., which is in favor of repeal. "There's no reliable way for livestock and poultry producers to estimate air emissions from their operations, which means any attempt would simply be guess work," he said. At the University of Arkansas, Tabler said workers use hand-held devices to detect ammonia levels, and are working on developing a technology that can hook into chicken house ventillation systems to monitor emissions 24 hours a day. He said the technology is not widely available. Both farmers and clean air advocates hope an air-monitoring study currently being conducted by the EPA will provide solid scientific results on the levels of toxic gasses produced by farms and their environmental impact. Dennis Ritchie, a rancher in Nashville, said the regulations are not based on solid science, but on the "environmental fad of the moment." "I get amazed at problems that people who really not connected to the business bring up," the Howard County farmer said. To comment on the proposal, go to www.regulations.gov and enter the Superfund docket identification number - EPA-HQ-SFUND-2007-0469 - in the box under "comment or submission." |
