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A Senate committee hearing last week brought out some sharply contrasting views on federal environmental regulation of livestock production, and an Iowa official was among those on a panel of speakers voicing opinions.
The Senate Environment and Public Works Committee, chaired by Sen. Barbara Boxer, D-Calif., was convened to hear testimony on confined animal feeding operations (CAFOs) and whether manure should be considered a toxic waste. Iowa Department of Natural Resources air quality bureau chief Catharine Fitzsimmons was among the panel of experts who testified at the hearing. She testified on behalf of the National Association of Clean Air Agencies, calling for strict enforcement of federal environmental laws on livestock operations. "If CAFOs emit air pollutants that exceed thresholds, or reportable quantities, then just like any other sources of pollution, CAFOs should comply with environmental law," she said.
The argument stems from the changing nature of animal agriculture — an accelerating shift from livestock production on small, traditional family farms to the modern, large-scale operations that raise livestock animals by the thousands. And in a break from the traditional enforcement of the Comprehensive Environmental Response, Compensation and Liability Act — the federal "Superfund" law — agencies are being pressured to consider livestock manure among other regulated "hazardous substances." A recent lawsuit filed by Oklahoma Attorney General Drew Edmondson uses the Superfund law to seek environmental cleanup costs from poultry producers.
One committee member, Republican Sen. Kit Bond of Missouri, characterized that move as an attempt to "misuse our laws in ways never intended" by Congress.A large group of lawmakers is now seeking to amend the Superfund law to exclude livestock manure from that list of hazardous substances. Twin bills were recently introduced in the Senate and House of Representatives, titled the Agricultural Protection and Prosperity Act of 2007. The Senate version was introduced by Sen. Blanche Lincoln, D-Ark., and has 26 co-sponsors. The House version of the bill was filed by House Agriculture Committee chairman Rep. Collin Peterson, D-Minn., with the backing of 128 other House members co-sponsoring the bill.
Boxer opened the hearing by clearly stating her opposition to the idea of exempting manure from Superfund enforcement. "There is currently a proposal that would exempt CAFOs from important environmental and public health safeguards — in particular from the public reporting or 'right to know' provisions of the Superfund law. The proposal also would eliminate provisions that ensure polluters pay to clean up their mess," she said. "CAFOs can create significant air pollution, including foul odors, ammonia, volatile organic compounds and hydrogen sulfide. CAFOs' air pollution can exceed the amounts emitted by industrial facilities."
But the ranking Republican on the committee, Oklahoma Sen. James Inhofe, warned against treating farms the same as industry. "The prospect of declaring animal manure a hazardous waste and thus regulating under CERCLA deeply concerns me," said Inhofe. "If animal manure is found to be a hazardous waste, then virtually every farm operation in the country could be exposed to liabilities and penalties under this act. Furthermore, how then do we categorize the producers of such hazardous waste? Are chickens and cows producers of hazardous waste and subject to CERCLA regulation as well?"
Inhofe also took issue with the testimony of Iowa's air quality bureau chief.
"One of our witnesses works with the Iowa Department of Natural Resources, yet is not representing Iowa. I wonder if that is because when Iowa's DNR studied the issue of odor, it found that relatively few problems, with fewer than 4 percent of the measurements taken near public areas, homes and businesses exceeding acceptable odor levels. Further, another Iowa study out of the University of Iowa found that everyday products, pets and smoking were the cause of ammonia emissions and not from CAFOs," said Inhofe.
Click here to go to the Senate Environment and Public Works Committee web page, where the full hearing can be viewed with RealPlayer.
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