January 30, 2009
Welcome to Weekly Update, a publication of Western United Environmental Services (WUES). Our goal is to provide you with the latest information about the WDR’s from the Water Board and how our organization can help you with your environmental challenges. All previous publications of the Weekly Update can be found in the News section on our website at www.wuenvironmental.com.
Producer action needed on new EPA rule
Jan. 23, 2009 – Western United Dairymen has been working with the National Milk Producers Federation (NMPF) regarding EPCRA reporting requirements. Following a recent rule released by USEPA, NMPF believes that potential federal legal liabilities dictate that a dairy producer of the relevant size and over the 700-cow threshold should seriously consider initiating an effort to comply with the EPCRA reporting requirement. Two phone calls to your state and local emergency response authorities is needed to initiate compliance.
It is suggested that Western United Dairymen members follow the recommendations of NMPF and contact state and local emergency response offices with information about ammonia emissions from their operations if they have 700 or more mature dairy cows. Producers are being asked to contact these offices in an effort to comply with the reporting requirements specified under the Emergency Planning and Community Right-to-Know Act (EPCRA).
The first days of receiving reports were rather stressful to the agencies, as they had not been informed by EPA that this requirement was being implemented. However, most have taken the necessary steps to help producers through the reporting requirement, and we appreciate their assistance.
What happens after the initial report?
A more detailed written report is due 30 days after the first call. We will be working to develop a simple form for our members to use. There is an existing form available but it may be a bit cumbersome. We will keep you posted as we move forward.
Why this rule and why now?
The livestock industry has long struggled to get the exemptions listed in this rule. We did not get all we wanted, but did succeed in substantial improvements.
This is one of those last-minute actions that often result when an administration is changed. One would expect that it is not without reason that the effective date is Jan 20 – before the new administration takes over. It is not surprising that lawsuits have already been filed on both sides – from the national pork producers and also from environmental groups.
Why me?
The reality is very clear and there is no ambiguity – dairies over 700 cows must report. The ultimate decision to do so or to not do so rests with each producer. Although we don’t like it - we have a responsibility to inform our members of the rule and that severe penalties for not doing so are already in the law books.
The following script could be helpful to you in making this call (keep this sheet for your records):
Date:_________ Time:_______ Person Contacted:____________________
“Hello, this is [your name]. I am the person in charge of [name of dairy operation]. I am calling to make an initial continuous release notification report under Section 304 of the Emergency Planning and Community Right to Know Act for an animal feeding operation, pursuant to the EPA Final Rule effective January 20, 2009.
The name and location of this facility is [name and address]. Its corporate affiliation [if any] is [name] and address is [address]. The hazardous substance I am reporting is ammonia.
A written report will be submitted to you within 30 days from today.”
If you are asked how much ammonia is emitted simply state “Over 100 lbs per day, more detailed information will be in our written report.”
If you are not successful in contacting your SERC and CUPA by telephone, make a copy of this page and send by fax or certified mail to the State Emergency Response Committee (SERC) and Local Emergency Response Committee (LEPC).
Call # 1 – The State Emergency Response Committee is the:
California Emergency Management Agency
TELEPHONE NOTIFICATION CENTRAL NUMBER (800) 852-7550
Brian Abeel
California Emergency Management Agency
3650 Schriever Ave
Mather, CA 95655
(916) 845-8768
Call # 2 - Local Emergency Response Committees
Producers can go to http://www.calepa.ca.gov/CUPA/Directory/default.aspx to find their local Certified Unified Program Agency (CUPA). Enter the name of your county to find the appropriate office to call. Producers who have questions are asked to contact their local Western United Dairymen field representative for assistance
CALENDAR OF MONTHLY MONITORING ACTIVITIES
FEBRUARY
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1st of the month |
Photograph Free Board in Ponds |
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Weekly |
Visual inspection (production and waste storage areas; ponds) |
|
Manure Exports |
Measure volume/density OR weight/moisture (require lab analysis) |
To receive more information on WUES, please contact your WUES Environmental Technician or WUES Office: