By DOUG SCHMITZ Iowa Correspondent WASHINGTON, D.C. — Nearly 20 U.S. lawmakers have introduced a bill that would protect U.S. farmers from reporting livestock manure emissions to the U.S. Coast Guard. “Routine emissions from hog manure do not constitute a ‘hazardous’ emergency that requires the Coast Guard to activate a national cleanup response," said Ken Maschhoff, National Pork Producers Council (NPPC) president and a Carlyle, Ill., producer. Sponsored by Sens. Deb Fischer (R-Neb.) and Joe Donnelly (D-Ind.), the Fair Agricultural Reporting Method (FARM) Act would address the issue stemming from a 2008 EPA rule a U.S. Court of Appeals threw out last April that would have exempted farmers from reporting livestock emissions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). CERCLA – also known as the Superfund Law – is used primarily to clean hazardous waste sites but also includes a mandatory federal reporting component, Maschhoff said. “The EPA exempted farms from CERCLA reporting because it knew responses would be unnecessary and impractical,” he added. “Frankly, the court created a problem where none existed.” Maschhoff said the appeals court ruling would have forced more than 100,000 livestock farmers to “guesstimate” manure emissions to the Coast Guard National Response Center (NRC), and subjected them to “abusive and harassing citizen suits from activist groups such as the Humane Society of the United States.” Josh Trenary, executive director of the Indiana Pork Producers Assoc., said hog producers take their environmental stewardship seriously and “will comply with regulations when they are practical and provide tangible environmental benefits. “This reporting mandate wasn’t practical, and it would have provided no environmental benefit,” he said. In a Feb. 13 joint statement, the National Turkey Federation, National Chicken Council, U.S. Poultry & Egg Assoc. and United Egg Producers said the pending federal court requirement, which would be effective May 1, would affect nearly 250,000 U.S. farmers. “This is significant breakthrough legislation restoring CERCLA reporting to its intended purpose, a united legislative effort that has been nearly 15 years in the making, and we appreciate their swift action on behalf of America’s turkey, chicken and egg farmers,” the statement read. Other senators supporting the FARM Act are John Barrasso (R-Wyo.), Tom Carper and Chris Coons (D-Del.), Bob Casey (D-Pa.), Joni Ernst (R-Iowa), Heidi Heitkamp (D-N.D.), John Hoeven (R-N.D.), Jim Inhofe (R-Okla.), Johnny Isakson (R-Ga.), Amy Klobuchar and Tina Smith (D-Minn.), Claire McCaskill (D-Mo.), Joe Manchin (D-W.Va.), Jerry Moran and Pat Roberts (R-Kan.), Mike Rounds (R-S.D.), Mark Warner (D-Va.) and Roger Wicker (R-Miss.). “Marking a bipartisan level of cooperation, the bill demonstrates strong support from both Republicans and Democrats on the Senate Environment and Public Works Committee to clarify Congress’ intent,” the poultry groups’ joint statement read. Roberts, who chairs the Committee on Agriculture, Nutrition and Forestry, said without Congressional action, livestock and poultry farms that emit hydrogen sulfide and ammonia emissions from animal waste in excess of 100 pounds per day will be required to report these emissions under CERCLA. “This threshold translates to farms with roughly 200 head of cattle or a pig farm with two swine finishing barns potentially being subject to the reporting requirement,” he explained. He said the recent D.C. Circuit decision involving the CERCLA reporting standards has “prompted this requirement that will leave many livestock and poultry producers struggling to comply.” The proposed bill will go to the U.S. House for consideration. |
