Pork Producers file lawsuit on behalf of large livestock operations against new EPA reporting requirements.
WASHINGTON, DC, Jan. 19, 2009 -- The National Pork Producers Council today filed a lawsuit in federal court challenging the U.S. Environmental Protection Agency’s decision to require livestock farms to file reports under the Environmental Protection and Community Right To Know Act (EPCRA). NPPC also is alleging that EPA violated the due process rights of farmers by failing to develop an adequate system to accept the reports, making compliance with the law impossible.
Under a rulemaking issued Dec. 18, EPA decided that large livestock farms would be required to file mandatory reports on air emissions by first making phone calls to their state and local emergency response authorities, then by filing a written notification of emissions estimates. Farms that fail to comply will face penalties of $25,000 per day. The rule goes into effect Jan. 20, 2009, the first day of the Obama administration.
“In sticking the agricultural community with this unworkable rule,” said NPPC President Bryan Black, a pork producer from Canal Winchester, Ohio, “EPA not only failed to provide any guidance to farmers on compliance with the new regulation or develop an adequate system to handle the volume of reports that would be filed, but it actively engaged in efforts that undermined the ability of farmers to comply with this new, stringent rule.”
Among those efforts, EPA told state officials not to accept reports and provided on its Web site false and out-of-date information on filing reports. Additionally, the agency did not issue guidance for complying with the rule until 4:30 p.m. Jan. 16 – the last business day before the filing deadline – giving America’s 67,000 pork producers and hundreds of thousands of other livestock farmers only 30 minutes to receive, read and interpret the guidance and to develop and file the appropriate emissions report.
In the lawsuit it filed in the U.S. Court of Appeals for the District of Columbia Circuit, NPPC is challenging EPA’s decision to exclude livestock operations from the EPCRA agriculture exemption and asking the court to enjoin EPA from enforcing the rule until the agency develops a system that will allow producers to comply.
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EPA exempts poultry growers from "emergency release" reporting of naturally occurring releases of ammonia and hydrogen sulfide.
The National Chicken Council, National Turkey Federation, and U.S. Poultry & Egg Association issued a joint statement welcoming the Dec 15th announcement from the U.S. Environmental Protection Agency granting an exemption for poultry farms from having to report naturally occurring air releases of ammonia and hydrogen sulfide as an "emergency release" under the CERCLA and EPCRA emergency reporting framework.
The exemption affects a majority of the family farmers engaged in poultry live production that operate in the United States.
“We have always felt that reporting requirements under the CERCLA and EPCRA programs were never meant to address the release of naturally occurring substances that originate from the breakdown of animal waste,” the poultry groups said. “We believe EPA heard our concerns and has come to a reasonable compromise that addresses the needs and requirements of the regulated community, emergency responders, and the public at large. We particularly appreciate the efforts of EPA to minimize the reporting burdens on thousands of family farms related to the CERCLA and EPCRA programs.”
The three groups filed a petition in August of 2005 to exempt poultry growing operations from EPCRA and CERCLA emergency reporting requirements for ammonia emissions that originate from poultry production operations. The petition for the reporting exemption was based on the fact that ammonia emissions from poultry houses pose little or no risk to the public, and emergency reporting would be an additional burden on emergency response personnel. Furthermore, farmers have no reliable means of knowing how much, if any, ammonia their farms are emitting on a daily basis.
The reporting exemption for the EPCRA program granted today applies to poultry farmers whose operations house fewer than 125,000 broilers, 55,000 turkeys or 30,000 laying hens.
The EPA intends to provide guidance to assist facilities that house more than these numbers. The announcement today also provides poultry farms an exemption from filing emergency planning reports under the CERCLA reporting program regardless of the size of their operation.
“The EPA understands that most family farms across the country do not have the scientific data or financial means to measure or file these burdensome emission reports,” said Paul Bredwell, vice president of environmental programs for U.S. Poultry & Egg Association. “The technical data to make that determination will hopefully be available after completion of the National Air Emission Monitoring Study.”
The National Air Emission Monitoring Study (NAEMS) was established by a voluntary agreement between the EPA and the pork, dairy, egg, and broiler industries to address the lack of scientific data on air emissions form livestock.
This study is currently underway at 24 agricultural facilities across the United States, and is scheduled to be completed in mid-2009. The exemption granted today by EPA does not impact future regulation of poultry farms under the Clean Air Act, should the NAEMS demonstrate the need for such regulation.
The U.S. Poultry & Egg Association, Tucker, Georgia, is the world’s largest poultry organization, whose membership includes producers of broilers, turkeys, ducks, eggs and breeding stock, as well as allied companies. USPOULTRY focuses on research and education, as well as communications to keep members of the poultry industry current on important issues.
The National Chicken Council, Washington, D.C., represents integrated chicken producer-processors, the companies that produce and process chickens. Member companies of NCC account for approximately 95 percent of the chicken sold in the United States.
The National Turkey Federation, Washington, D.C., is the national advocate for all segments of the turkey industry. NTF provides services and conducts activities which increase demand for its members’ products by protecting and enhancing their ability to profitably provide wholesome, high-quality, nutritious products.
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