EPA increases Renewal Fuel Standard volumes

The U.S. Environmental Protection Agency (EPA) announced on Nov. 30 the final Renewal Fuel Standard (RFS) required volume obligations for 2014, 2015 and 2016 at higher levels than proposed by the agency in May 2015. Specifically, the EPA has raised the implied corn mandate over the three years by more than 1.5 billion gallons and has set the 2016 ethanol mandate at a level beyond the 10 percent blendwall limits. 
"EPA's action will cost consumers at the pump and on the plate by effectively raising fuel and food prices," said National Chicken Council President Mike Brown. "By increasing the mandated volume of ethanol beyond the blendwall for next year, and retroactively increasing the mandates for 2014 and 2015, more corn from feed and food will be diverted into fuel production, resulting in increased costs for poultry and livestock producers. Since the RFS was enacted, chicken producers alone have incurred more than $50 billion in higher actual feed costs due to the ethanol mandates, and the tab keeps getting run up under this broken law.
"It's ironic that while U.S. ethanol is competitive in the global export market, the ethanol industry continues to rely on expanding the RFS mandates domestically," Brown continued. "If anything, today's [Nov. 30] announcement by EPA should be yet another reminder that the RFS, and its implementation, are broken beyond repair."
With the announcement, EPA is two years late in setting the 2014 volume, thus setting the mandate retroactively, after twice increasing the initial proposed volume levels. The first proposed volume was issued in November 2013 set at 13 billion gallons. A revised proposal was issued in May 2015, raising the implied corn ethanol volume to 13.25 billion gallons. The Nov. 30 announcement retroactively sets the 2014 compliance volume at 13.61 billion gallons. Additionally, the agency is one year late in setting the 2015 volume, also effectively setting this year's standard retroactively and at 14.05 billion gallons, which is 650 million gallons more than the 13.4 billion gallon volume initially proposed in May. 
Moreover, the 2016 volume has been increased from the 14 billion gallons provided by the May proposal to 14.5 billion gallons, a level that will break the 10 percent blend wall.    
Ethanol has been more expensive than gasoline for several months now, and is projected to remain more expensive well into 2016. 
Brown also noted that in setting the domestic mandates, EPA did not account for the amount of ethanol that is exported and the effect those exports have in diverting additional corn away from the domestic feed and food market. Last year nearly 850 million gallons of ethanol were exported, and through August of this year, exports are running about five percent higher. Combined, 2014 and 2015 ethanol exports are likely to divert the equivalent of an additional 600 million bushels of corn away from feed and food use—in addition to that which is mandated by the RFS.
NCC supports H.R. 704, The RFS Reform Act, co-sponsored by a broad, bipartisan coalition of lawmakers. The measure would eliminate the corn ethanol mandate and level the playing field between ethanol mills and feed- and food-users of corn. "EPA's latest action should be a reminder that it is high time for Congress to act on this common sense proposal," concluded Brown.

Court favors EPA in farmer privacy lawsuit

A federal district court in Minnesota on January 27 dismissed a lawsuit seeking to block the Environmental Protection Agency (EPA) from releasing the personal information -- such as a person’s name, home address, GPS location and telephone number -- of livestock and poultry farmers and ranchers in response to Freedom of Information Act (FOIA) requests.
The court concluded that no federally permitted livestock or poultry farmer is injured by such disclosure because the Clean Water Act mandates disclosure of information concerning permit issuance. For livestock and poultry farmers without a Clean Water Act permit, the court concluded that so long as the farmer’s personal information can be found somewhere on the Internet, EPA’s distribution of that same information does not result in any injury to the farmer. The court noted that a farmer with a public Facebook page used to promote the farm, or whose information could be found via search engine or any state regulatory website in any form, has no right to sue to stop the federal government from compiling and distributing that information.
“Farmers, ranchers and citizens in general should be concerned about the court’s disregard for individual privacy,” said Bob Stallman, president of the American Farm Bureau Federation (AFBF). “This court seems to believe that the Internet age has eliminated the individual’s interest in controlling the distribution of his or her personal information. We strongly disagree.”
The plaintiffs in the case, the National Pork Producers Council (NPPC) and AFBF have 60 days to appeal the decision.
Prior to the suit, EPA had already released personal information of farmers and ranchers from 29 states. AFBF filed suit to block further disclosures regarding farmers and ranchers in Minnesota, California, Idaho, Nevada, Oklahoma and Washington.

Restaurant organization blasts EPA for RFS inaction

The National Council of Chain Restaurants (NCCR) has expressed its frustration with the Environmental Protection Agency (EPA) and the Barack Obama administration for failing to act on the 2014 Renewable Fuel Standard mandate.
NCCR on November 20 issued the following statement from its executive director, Rob Green: “In a bizarre move, the EPA inexplicably ignored the law and refused to make a crucial final decision on the 2014 RFS volumes.
“By backtracking on their initial recommendation on the ethanol mandate quota, the White House and EPA have chosen to accommodate a small group of ethanol lobbyists at the expense of American consumers and diners, the nation’s small business restaurant owners and all businesses that support and sustain the food supply chain.
“This unbelievable non-announcement demonstrates once and for all that the EPA, because of statutory and political considerations, cannot fix the failure of the RFS.
“Members of Congress should take note. The federal RFS ethanol mandate is irrevocably broken and needs to be repealed immediately. It is time that Congress take the RFS ‘off the menu’ once and for all.”
Since the RFS was implemented in 2006, costs for vital food commodities including corn, grain, poultry and meat have risen dramatically, driving up the price of food items in the nation’s restaurants and grocery stores.
NCCR is the leading trade association exclusively representing chain restaurant companies. For more than 40 years, NCCR has worked to advance sound public policy that best serves the interests of restaurant businesses and the millions of people they employ. NCCR members include the country's most-respected quick-service and table-service chains. NCCR is a division of the National Retail Federation, the world's largest retail trade group.

Video highlights poultry farmers’ victory against EPA

A new video produced by the American Farm Bureau Federation (AFBF) explains how West Virginia poultry farmers Lois and Tony Alt prevailed in court in a case against the Environmental Protection Agency. The video is available online in broadcast quality for download.
The U.S. District Court for the Northern District of West Virginia ruled in October that contrary to EPA's contention, ordinary stormwater from the Alt farmyard is exempt from federal Clean Water Act permit requirements. Poultry and livestock farmers from around the country celebrated the Alts' good news.
AFBF and the West Virginia Farm Bureau intervened alongside Alt as co-plaintiffs to help resolve the issue for the benefit of other poultry and livestock farmers.

Poultry grower Lois Alt prevails in lawsuit against EPA

A federal judge ruled on October 23 that the Environmental Protection Agency had no legal right to force West Virginia poultry grower Lois Alt to obtain water pollution permits for litter, dust and feathers that rain may wash away and that runoff is not in violation of the Clean Water Act. U.S. District Judge John Preston Bailey said the runoff is not a fixed pollution source and is exempt from the requirement to obtain permits.
The dispute between Alt and the EPA dates back to 2011, when the agency threatened to fine Alt if she didn't seek a permit for her farm, which it called a "concentrated animal feeding operation." The order said Alt would have to pay $37,500 in fines each time stormwater came into contact with dust, feathers or small amounts of manure outside of her poultry houses.
Alt responded by filing her own legal challenge to the agency in June 2012. The EPA eventually withdrew the fines, but with the help of the American Farm Bureau Federation and the West Virginia Farm Bureau, Alt kept her case alive.
The ruling has drawn applause from poultry and agriculture groups.
"We applaud Judge Bailey's decision to issue a summary judgment. We are pleased that Ms. Alt's legal uncertainty has been resolved in her favor by a common sense ruling that is consistent with a clear understanding of the Clean Water Act," said John Starkey, president of the U.S. Poultry & Egg Association.

Judge rules in favor of EPA in Chesapeake water quality case

U.S. agriculture groups' efforts to block federal and state limits designed to improve the health of the Chesapeake Bay through tighter regulations on agricultural runoff and wastewater treatment were rejected by a federal judge in Harrisburg, Penn. U.S. District Court Judge Sylvia Rambo on September 13 ruled that the Environmental Protection Agency (EPA) was within its authority to set and enforce standards to reduce nitrogen, phosphorus and sediment that drain from rivers into the bay.
The American Farm Bureau Federation initially filed the suit in 2011, claiming the EPA overstepped its bounds and created an unfair process by using standards that were flawed and unlawfully complicated, the Associated Press reported. Other groups, including the National Chicken Council, the U.S. Poultry and Egg Association, the National Turkey Federation, the Fertilizer Institute, the National Pork Producers Council and the National Corn Growers Association, joined in the suit.
The EPA and six states - Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia - and Washington, D.C., in 2007 agreed to establish a pollution-reduction program by May 1, 2011, and to reach the targeted limits by 2025. The agreement did not violate the Clean Water Act, Rambo ruled, because the EPA and the states all agreed to it and states were given the flexibility to decide how to meet the limits.

Tyson Foods, EPA reach Clean Air Act settlement

The U.S. Environmental Protection Agency has reached a Clean Air Act settlement with Tyson Foods Inc. and several of its affiliate corporations to address concerns over the refrigeration systems and threats of accidental chemical releases at Tyson facilities in Kansas, Missouri, Iowa and Nebraska, which resulted in injuries and one fatality.
Under the settlement agreement, Tyson will conduct third-party audits of its current compliance with the Clean Air Act's Risk Management Program requirements in all 23 facilities within those four states. The third-party auditors must have expertise in ammonia refrigeration systems, be recognized experts in risk management program compliance and be approved by the EPA. Tyson will be required to correct any violations discovered during the audits and certify the completion of work.
Tyson has also agreed to test certain piping used in its refrigeration systems at the 23 facilities to identify any problems that may have led to accidental releases and to replace any non-compliant piping.
"We strive to operate our facilities responsibly, so after learning of EPA's concerns, we immediately made improvements and cooperated with EPA officials throughout the process," said Kevin Igli, senior vice president and chief environmental, health and safety officer of Tyson Foods. "We expect this auditing system to become a model provision that EPA may require from other industrial users of anhydrous ammonia or other chemicals, including other agricultural and food companies."
In addition to the audits, Tyson Foods will pay a civil penalty of $3.95 million. The company will also provide $300,000 to help purchase emergency response equipment for fire departments in nine communities where it operates plants.
"Today's settlement with Tyson Foods will ensure the proper safety practices are in place in the future to protect employees, first responders and communities located near processing facilities from the threat of dangerous chemical releases," said Cynthia Giles, assistant administrator for the EPA's Office of Enforcement and Compliance Assurance.

EPA administrator steps down

U.S. Agriculture Secretary Tom Vilsack praised outgoing Environmental Protection Agency Administrator Lisa Jackson, calling her a friend to agriculture and rural America.
"Lisa Jackson has served our country well as she balanced improving the environment and the health of the American people - while ensuring our country's economic competitiveness - because they are intrinsically linked. Throughout her tenure, she listened to stakeholders, including farmers and ranchers, and took their concerns into account while considering policies that impacted rural America. She was a friend to me and to those who live and work in rural America and her leadership will be missed," Vilsack said.
Jackson has held the EPA's top spot for the past four years. On December 27, she announced her intent to resign in January 2013.

EPA withdraws order against poultry farmer

The Environmental Protection Agency has withdrawn its order against West Virginia poultry grower Lois Alt which had stated the farmer must obtain a Clean Water Act discharge permit for stormwater runoff from her farmyard or face up to $37,500 in penalties per day. The order withdrawal comes after the U.S. District Court for the Northern District of West Virginia ruled in October that the American Farm Bureau Federation and West Virginia Farm Bureau had the right to join the lawsuit Alt filed in response to the order.
In withdrawing its order, the agency cited new management practices identified during a May 2012 re-inspection of the farm. However, the inspection report also states that dust, feathers and small amounts of manure were still observed on the ground at the farm, which was the basis of the agency's original order, according to American Farm Bureau Federation General Counsel Ellen Steen. “The EPA still has not backed away from its position that any amount of pollutant on the ground at a livestock or poultry farm requires a Clean Water Act permit,” said Steen. “The more likely reason for the EPA’s withdrawal is that it does not want to defend its position in court.”
The Environmental protection Agency's November 2011 order said Alt would have to pay $37,500 in fines each time stormwater came into contact with dust, feathers or small amounts of manure on the ground outside of her poultry houses as a result of normal poultry farming operations. The agency also listed separate fines of $37,500 per day if Alt failed to apply for a National Pollutant Discharge Elimination System permit. Alt responded by filing her own legal challenge to the agency order in June 2012.

House of Raeford convicted of violating Clean Water Act

North Carolina poultry processor House of Raeford Farms has been found guilty on 10 counts of violating the Clean Water Act, according to a federal jury.
The company was found not guilty on four other counts, and Plant Manager Gregory Steenblock was acquitted of all 14 charges brought against him.

House of Raeford allowed employees to send untreated wastewater, contaminated with blood, grease and other body parts from slaughtered turkeys, directly into the city of Raeford's wastewater treatment plant for 16 months, according to the Department of Justice. “Publicly owned wastewater treatment plants must be protected from companies that cut corners by discharging wastewater illegally,” said Maureen O’Mara, a special agent with the Environmental Protection Agency.
House of Raeford said it maintains that wastewater going into the sewer was effectively treated by the city's treatment plant. “The government repeatedly admitted during the trial that none of the materials it claimed went into the City of Raeford’s sewer system ever reached the environment,” said the company. “House of Raeford completed a $1.4 million upgrade to its wastewater pre-treatment system in September 2006 that solved the issues that led to the trial.”
House of Raeford faces a maximum fine of $500,000. Sentencing has been scheduled for Nov. 28.

US poultry industry supports final EPA water rule

The U.S. poultry industry has said it is satisfied in response to the Environmental Protection Agency's final action on a 2011 proposed rule that would have required Concentrated Animal Feeding Operations to provide detailed location information and farm demographics for virtually every family farm engaged in the production of commercial poultry and egg products in the U.S., as part of an effort to ensure each operation was implementing practices that protect water quality. Each operation would have had to submit information to the agency regardless of whether or not they discharge to a water of the U.S.
In announcing the final action, the EPA pointed out that although collecting Concentrated Animal Feeding Operations information is important, the agency believes an efficient approach that does not duplicate efforts is the appropriate next step. The EPA will collect information for each operation using existing sources, including state National Pollutant Discharge Elimination System programs and other programs at the federal, state and local level.
The poultry industry said it is pleased that the EPA recognized the burden the proposed rule would place on the industry. Furthermore, the poultry industry appreciates that the agency heard the concerns voiced by industry during the comment period and accepted the recommendation to collect this information from existing sources.

Environmental Protection Agency, poultry industry must collaborate on nutrient pollution

The Environmental Protection Agency and the U.S. poultry industry need to think about how to do better in terms of addressing the issues surrounding water quality, according to Nancy Stoner, acting assistant administrator for water for the EPA, at the 2012 Environmental Management Seminar.
Stoner's presentation, EPA and the Poultry Industry Working Together to Protect Water Quality, encouraged a collaborative approach between federal partners, states and stakeholders. The goal of this approach would be to accelerate adoption of the most effective conservation practices where they are most needed. Stoner also addressed various ways in which the EPA can collaborate with the poultry industry and ended with an open discussion on the possible roles and opportunities the EPA can provide to the industry.
Other discussions at the seminar included a presentation by Russ Dickson, manager of environmental compliance and engineering at Wayne Farms, titled Georgia Storm Water Permit…Lessons Learned; and a presentation by Dr. Charles Starkey, director of technical services for American Proteins, on DAF…What Does Rendering Want?
The event was sponsored by the U.S. Poultry & Egg Association.

Environmental Protection Agency revises feed mill emission standards

The Environmental Protection Agency issued a direct final rule on Dec. 23, 2011 to revise certain provisions of the National Emission Standards for Hazardous Air Pollutants for Prepared Feed Manufacturing. The direct final rule, which became effective Feb. 21, revises an earlier rule the agency finalized in 2010 that requires general housekeeping practices and sets efficiency standards for cyclones that operate on pellet mills. The rule applies to facilities that produce more than 50 tons of feed per day and also add magnesium or chromium to their feed. The earlier 2010 regulation required facilities to formally certify that existing pellet mill cyclones were designed to reduce emissions of particulate matter by at least 95 percent. The American Feed Industry Association, U.S. Poultry & Egg Association and National Grain and Feed Association were able to demonstrate to the Environmental Protection Agency that the three alternatives for complying with the certification mandate for existing cyclones were problematic and often impossible. The certification requirement would force the replacement of a large universe of existing, properly functioning cyclone units. The agency confirmed in the direct final rule that it was not its intent for the industry to replace existing cyclones. Although the direct final rule maintains the certification requirements for new cyclones, it significantly revises requirements for existing cyclones. Under the streamlined measure, existing facilities will be required operate cyclones in accordance with good air pollution control practices. The direct final rule also simplifies inspection and documentation requirements and clarifies earlier provisions pertaining to bulk load and the operation of doors.  

Animal feed industry group concerned over new EPA proposal

The Idaho Cattle Association expressed concern over a new Environmental Protection Agency proposal that would some require animal feeding facilities to disclose certain information to the federal government.
According to a prepared statement by the association, section 308 of the Clean Water Act would require concentrated animal feeding operations to provide owner contact information, geographic coordinates of the operation’s location, number and type of livestock, and total land acreage, to be placed in a database accessible through the Environmental Protection Agency's website. Noncompliant feed facilities would be subject to fines up to $37,500 per day, according to the association. These requirements would “go far beyond the authority of the EPA, and in doing so, put our nation’s food supply in grave danger,” said Idaho Cattle Association representatives. 

EPA notifies West Virginia poultry farmers to cease discharging pollutants

The U.S. Environmental Protection Agency has notified four poultry farmers in West Virginia to cease discharging pollutants from farms to waterways and obtain the necessary permits that are required by the Clean Water Act.
The EPA issued the orders following June inspections of five chicken and turkey operations in West Virginia. The inspections found that four of the five operations were concentrated animal feeding operations as defined by the Clean Water Act and that they had neither applied for nor obtained the required discharge permits. The fifth grower had already applied for the permit. Also, at four of the facilities inspected, man-made ditches draining stormwater away from the poultry houses and sheds containing manure and compost allowed pollutants to discharge to waterways during rain events.
The EPA and national and state poultry industry associations are in discussions on developing a program to educate growers on water quality and compliance issues. “Based on our experience, educating farmers on the requirements of the Clean Water Act goes a long way in helping them to protect and improve local water quality and increase compliance,” said EPA Regional Administrator Shawn M. Garvin. “We’ve had good results from working closely with integrators and trade associations, making sure farmers know how they can best reduce runoff and meet their regulatory responsibilities.”

EPA's rule for numeric nutrient criteria may cost US farmers up to $1.1 billion by 2040

The Fertilizer Institute (TFI) has opposed the Environmental Protection Agency (EPA)'s rule to establish numeric nutrient criteria for nitrogen and phosphorus for waters in the state of Florida. Estimates indicate that the rule will cost U.S. farmers between $272 million and $1.1 billion by 2040.
“This rule has an enormous cost and little benefit and we are urging EPA to reconsider this action,” said TFI President Ford West. “We advocate smart and targeted policies that address water quality without placing an undue economic burden on farmers and the industries that support them.”
The rule goes into effect 15 months after publication, but the site-specific alternative criteria process will begin in 60 days. “While TFI appreciates the EPA’s efforts to remedy some of the arbitrary effects of its rule by delaying implementation, the fact remains that, with 12% unemployment and job recovery uncertain, this rule is a threat to many sectors of Florida’s economy, including the fertilizer industry,” said West.

Agriculture groups comment on proposed Chesapeake Bay regulations

Thirty agricultural and forestry groups submitted joint comments to the U.S. Environmental Protection Agency (EPA) regarding proposed Chesapeake Bay water quality regulations.
The organizations have concerns regarding the Total Maximum Daily Load (TMDL) requirements for the Bay and want to bring attention to the "significant contributions of agriculture to improvements to water quality in the Chesapeake Bay," according to The Fertilizer Institute (TFI). “Even the EPA’s data shows that since 1985 the agriculture community has reduced phosphorus loadings by over 21%, nitrogen loadings by 27% and sediment loadings by 24% within the Bay watershed,” said TFI President Ford B. West.
The groups are concerned that the EPA is withholding information that would allow the public to fully understand the EPA's stance on TMDL and that stance's impact on the surrounding economy. “By withholding adequate information regarding the TMDL, the EPA has inhibited the agriculture community’s ability to properly evaluate and comment on the requirements,” said West.

Ammonia leak at Alabama chicken plant sends 130 people to ER

Between 200 and 300 gallons of ammonia were released when a tank leaked at an Alabama chicken refrigeration plant.
At least 130 people had ammonia poisoning symptoms severe enough to be sent to the emergency room as a result of the leak; others affected were provided with first aid at a nearby gas station. Millard Refrigerated Services, the site of the leak, handles up to 2.5 million pounds of chicken each day. Officials do not yet know the cause of the leak, but said the company will likely face fines from both OSHA and the Environmental Protection Agency.

Texas challenges EPA’s authority to regulate greenhouse gases

Texas is challenging the Environmental Protection Agency’s authority to regulate greenhouse gases under the Clean Air Act. Texas Attorney General Greg Abbott will lead the legal challenge, which focuses on the process that triggered Clean Air Act regulation.
Last December, EPA ruled that greenhouse gases were harmful to the environment. The state argues that the EPA failed to perform the precise study required, and instead relied on flawed theories.
“EPA’s move to regulate greenhouse gases would impose devastating rules on those Texans who fuel one of our state’s largest economic sectors – farmers and ranchers,“ said Agriculture Commissioner Todd Staples. “As a regulatory agency, the Texas Department of Agriculture is required to impose rules based on sound science – not political science. … EPA has ignored extensive research on greenhouse gas emissions and based this significant regulation on faulty data.”

Environmental seminar will look at new regulations

The 2010 Environmental Management Seminar will focus on what some are calling a new era of enforcement. Sponsored by U.S. Poultry & Egg Association's Poultry & Egg Institute, this year's conference will be held March 17-18 at the Marriott Hotel in New Orleans. The program will examine an anticipated higher level of regulation by the U.S. Environmental Protection Agency, along with the current developments in technology and management techniques for environmental sustainability.
Topics will include a federal policy and regulatory update; a case study of wastewater optimization and associated cost savings, the poultry industry’s impact in the Chesapeake Bay area, and plants that have won clean water awards.