See the article and two sidebars -- EPA wants manure-spread permits optional and Hog confinement emissions -- here: http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20060623/BUSINESS01/606230364/1030 Published June 23, 2006 Farms may be exempt from pollution reporting rules A federal bill would protect livestock farms from Superfund law By PHILIP BRASHER REGISTER WASHINGTON BUREAU Washington, D.C. — Des Moines Water Works and state environmental regulators are opposing an attempt in Congress to protect livestock farms from lawsuits and exempt them pollution-reporting rules. A House bill that has 170 co-sponsors, including all of Iowa's delegation, would exempt manure from being considered a hazardous substance under the federal Superfund law. The legislation would prevent farms from being held liable for manure spills and from having to report emissions, supporters say. A similar bill is expected to be introduced soon in the Senate. The bills "would make it harder for the state to be able to clean up sites or to enforce clean-water regulations from livestock feeding operations," said L.D. McMullen, general manager and chief executive of Des Moines Water Works, the utility that supplies water to the Des Moines area. Manure spills are reported in the Raccoon and Des Moines rivers every year. When a spill occurs, Des Moines Water Works switches its intake to the unaffected river while the polluted river clears, McMullen said. Jeff Vonk, director of the Iowa Department of Natural Resources, recently wrote the state's senators in opposition to the legislation. Agency officials say they are primarily concerned about more than 800 older earthen manure basins that remain in the state. Exempting farms from the Superfund law "removes an important tool to the state in its long-term efforts to manage runoff or infiltration from these sites, particularly regarding potential cleanup," Vonk wrote. The Superfund law was originally intended to force polluters to pay for cleaning industrial waste sites, but some state and city officials have recently starting using it against livestock farms that allegedly polluted rivers. The city of Waco, Texas, sued a group of dairy producers in 2004, and the state of Oklahoma last year sued a series of poultry producers. State attorneys general have been circulating a letter opposing the exemption legislation. The Iowa Farm Bureau and the Iowa Pork Producers Association have been working to get state officials behind the legislation. Iowa Attorney General Tom Miller has not taken a formal position but opposes giving farmers blanket exemption from the liability and reporting laws, spokesman Bob Brammer said. "We are concerned that a blanket exemption would prevent enforcement of these important federal environmental laws in all cases of manure spills and dumping, even though there may be some circumstances where enforcement would be appropriate, such as deliberate dumping," Brammer said. Pork producers say their chief concern stems from federal court rulings that could force large farms to report emissions of ammonia and hydrogen sulfide, two chemicals produced by manure. "There's something about us as farmers, we don't like a lot of paperwork, a lot of record keeping," said Max Schmidt of Elma, a member of the National Pork Board's environment committee. Vonk said the reporting rules protect the public by enabling the Environmental Protection Agency to monitor trends in pollution. "It is the emissions that count, not who is emitting them that matters," he wrote. Sen. Charles Grassley, R-Ia., plans to support the exemption bill, spokeswoman Beth Pellett Levine said. Sen. Tom Harkin, D-Ia., is looking for a compromise, spokeswoman Maureen Knightly said. "A blanket exemption will most likely cause great contention and opposition, and this approach has not worked for the past several years in Congress. It seems that clarifying the law would cause less opposition while accomplishing the goals of farm and livestock groups," she said. Hundreds of hog and poultry producers nationwide signed an agreement with the environmental agency that will shield them from pollution-related lawsuits while the agency studies farm emissions. Many hog farms in Iowa likely joined the agreement, although the number has not been released. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp