Tag: regulations

NMPF Cheers EPA Efforts to Exempt Manure Air Emission Reporting Under EPCRA

Posted on by Alan Bjerga

ARLINGTON, Va. — The National Milk Producers Federation today commended the Environmental Protection Agency for issuing a final rule to codify its earlier interpretation that air emissions from manure are not reportable under the Emergency Planning and Community Right-To-Know Act.  The action successfully concludes a two-year battle in which NMPF was involved at every step.

“We are pleased with the outcome of EPA’s painstaking efforts,” said Jim Mulhern, NMPF president and CEO. “This final rule codifies what’s been the right thing to do all along.”

NMPF has been engaged with this effort since April 2017, filing comments as recently as last December supporting EPA’s efforts last fall to modify its regulations to eliminate the reporting of ammonia or hydrogen sulfide air emissions from manure. EPA concluded in Oct. 2017 that air emissions from manure did not need to be reported under EPCRA while signaling it would explain its thinking on the issue through rulemaking. EPA’s assessment largely was based on the conclusion that the air emissions were a result of “routine agricultural operations” exempt from EPCRA reporting.

EPA’s final actions with EPCRA is consistent with Congress’ recent action to exempt manure emissions reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  NMPF supported that approach and noted that EPCRA’s legislative history showed that Congress did not intend for continuous air emissions reports to be filed under EPCRA if they were not required under CERCLA. NMPF has noted in its support for EPA that the emergency response community has said it doesn’t need these reports and that they impede their emergency response function.

NMPF anticipates the rule will be challenged in court.

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The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce the majority of U.S. milk, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

NMPF Pleased With NCIMS Results

Posted on by Theresa Sweeney

The 2019 National Conference on Interstate Milk Shipments meeting that ran from April 26-May 1 in St. Louis was an overall win for U.S. dairy producers, as NMPF staff, members and state and federal agencies successfully debated and secured modifications that help the industry.

The widely attended biennial conference included more than 400 federal, state and industry leaders. NMPF had submitted several proposals, three of which were considered “must-pass”:

  • A proposal for streamlining the information required on a shipping statement for milk and milk products;
  • A proposal on antibiotic testing that provides clarity on confirmation testing for antibiotic residues;
  • And a proposal recognizing the importance of drug residue testing by making the ad-hoc committee on drug residue testing a permanent full standing committee.

Through collaboration with our members, the processing industry and our state and federal partners, all three proposals successfully made it through the complex NCIMS process.

NMPF also played a key role in advancing proposals from others that we felt warranted approval. NMPF helped craft modifications to several proposals that would have failed without the changes.

For example, an initiative to address how Grade “A” dairy plants that produce Grade “A” and non-Grade “A” products are to be inspected under the authorities of the Pasteurized Milk Ordinance (PMO) and the Food Safety Modernization Act (FSMA) was modified with NMPF’s help.

The changes resolved conflicts among the states and the FDA that, before the conference, were very much in conflict as to how inspections were to be conducted. The states, industry and FDA came to a solution that will maximize state and federal resources and create greater efficiencies while maintaining milk safety. FDA and an NCIMS committee will develop and implement a pilot to ensure these inspections are done sensibly.

The conference began on Friday, April 26th with committee discussions. About half of the 74 submitted proposals were assigned to a committee for an initial review. During the committee review a proposal can be passed, rejected or modified. A proposal that passes as submitted or modified then goes to a Council for further review. Councils then have the option to approve, reject or modify proposals prior to passing them on to the state delegates, where again the proposals could be accepted, rejected or modified.

NMPF will issue a special edition Regulatory Register which will cover conference proceedings and outcomes in more detail.

NMPF Endorses EPA WOTUS Proposal, Praising Clarity and Certainty

Posted on by Alan Bjerga

ARLINGTON, Va. – The National Milk Producers Federation endorsed the Environmental Protection Agency’s proposed changes to the Waters of the U.S. rule, a proposal meant to provide clarity and certainty about the waterways subject to regulation under the federal Clean Water Act. Released in February 2019, the EPA proposal was a response to the ill-fated 2015 WOTUS rule that has been mired in litigation.

NMPF urged the EPA in 2014 to rethink WOTUS, citing its many ambiguities and uncertainties. A subsequent NMPF analysis showed that the EPA and Army Corps of Engineers’ proposal did not meet the requirements of various Supreme Court rulings that were the catalyst for the 2015 regulation.

NMPF expressed strong support for the basic jurisdictional line EPA made around intermittent and more significant waters as being within the regulatory power of the United States. NMPF believes this line accurately reflects the U.S. Constitution, statutes, and court decisions interpreting the law.

“Clean water is essential to milk production, and the dairy industry is very willing to work with EPA to protect U.S. waters,” said NMPF President and CEO Jim Mulhern. “EPA’s latest draft provides the clarity and certainty we were seeking in 2014 around which waterways fall under the jurisdiction of the Clean Water Act. While it has taken five years, we are grateful EPA has redrafted the WOTUS regulations.”

NMPF submitted 22 pages of comments on the EPA regulation for when farmers must seek Clean Water Act permits for a long list of normal farming activities near wetlands. While the WOTUS proposal did address many long-standing concerns, NMPF offered some additional points of clarity in other areas to further improve the proposal.

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The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce the majority of U.S. milk, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more, visit www.nmpf.org.