Press Releases
Milk: Environmental Hazard? Simpson Says NoFeb. 11th celebrates National Don’t Cry Over Spilled Milk Day
Washington,
February 11, 2011
“Most of us don’t consider milk to be an environmental hazard,” said Simpson, who is Chairman of the House Interior and Environment Appropriations Subcommittee which oversees funding for the EPA. “Our nation’s dairy industry is already facing difficult challenges in this economic environment, and the last thing they need is to be saddled with burdensome regulations by an agency that is overreaching.”
Idaho Congressman Mike Simpson joined several of his colleagues in sending a letter to EPA Administrator Lisa Jackson today urging the Environmental Protection Agency to finalize a rule exempting milk storage facilities from the agency’s Spill, Prevention, Control, and Countermeasure (SPCC) regulations. Under the EPA’s current rule, milk is subject to EPA’s oil spill regulations, and if dairy producers do not comply with the EPA’s rule they will be subject to punitive damages. “Most of us don’t consider milk to be an environmental hazard,” said Simpson, who is Chairman of the House Interior and Environment Appropriations Subcommittee which oversees funding for the EPA. “Our nation’s dairy industry is already facing difficult challenges in this economic environment, and the last thing they need is to be saddled with burdensome regulations by an agency that is overreaching.” Last year, the EPA announced a one-year compliance extension specifically to address requirements for milk and milk product containers within EPA’s Oil Spill Prevention, Control and Countermeasure program, which directs producers to have an oil spill prevention plan by November 10, 2011. While EPA has indicated that it intends to address this issue, to date a finalized rule exempting milk has not been made. In the letter to EPA, Simpson and other members strongly urge the agency to exempting milk storage facilities from this regulation. Below is the text of the letter to the EPA: February 11, 2011 Administrator Lisa P. Jackson Dear Administrator Jackson: As you know, EPA is granted authority to administer the SPCC program in efforts to prevent oil discharges into U.S. waterways. SPCC regulations require facilities that store or use significant quantities of oil or fuel develop a prevention plan in order to prevent and contain any potential spills on site. While the lessons of the Gulf oil spill and other incidents have proven that more preventative action is needed, unfortunately, under the definition set forth by the SPCC program, milk is classified in the same category as petroleum due to its animal fat content. While this issue has been brought up before, it has failed to come to a close, and continues to loom over the heads of dairy producers who are already under economic duress. Enacted in 1995, the Edible Oil Regulatory Reform Act was intended to correct this misclassification. This legislation mandated that all federal agencies differentiate between oils, animal fats, and grease in its regulations. However, 15 years later, the issue that this law was intended to rectify still exists, exemplified by the classification of milk in the same category as oil. On January 15, 2009, EPA announced its proposed rulemaking for exempting milk containers from SPCC requirements. While the EPA has extended the compliance deadline specifically to address SPCC requirement for milk and milk product containers, the agency has failed to finalize the suggested exemption over the last two years. This lack of clarity has created great concern and uncertainty within the dairy industry, whom all the while have been regulated by the Food and Drug Administration. It is evident that extending SPCC regulations to the dairy industry is excessive, overreaching, and unnecessary. We ask that EPA move immediately to finalize the proposed rule that would permanently exempt certain milk containers and associated piping and appurtenance from the Spill Prevention, Control, and Countermeasure program. Thank you for your prompt attention to this request, and we look forward to your response. Congresswoman Candice Miller (MI-10) ### |