WHEE: Recent News Articles

On October 18, 2011, the U.S. EPA amended the date by which farms must prepare or amend and implement their Spill Prevention, Control, and Countermeasure (SPCC) Plans, to May 10, 2013.  If EPA receives no adverse comment by November 2, 2011, then the rule will become effective on November 7, 2011.

For more details go to:  http://www.epa.gov/emergencies/content/spcc/spcc_extfarms.htm

EPA plans to propose a regulation that would collect information about concentrated animal feeding operations (CAFOs). CAFOs are a significant source of nutrient pollution and pathogens in U.S. watersheds. The information collected under the proposed rule would allow EPA to increase water quality protection through better implementation of the NPDES permitting program for CAFOs.

For more information:  http://yosemite.epa.gov/opei/RuleGate.nsf/byRIN/2040-AF22?opendocument#5

On May 16, 2011 the USEPA announced a delay in the effective dates for the final rules titled “National Emission Standards for Hazardous Air Pollutants (NESHAP) for Major Sources: Commercial, and Institutional Boilers and Process Heaters” and “Standards of Performance for New Sources and Emission Guidelines for Existing Sources:  Commercial and Industrial Solid Waste Incineration Units.”  The stay will remain in effect until the judicial review of these new rules is completed or the USEPA completes its reconsideration of these new rules.

U.S. Environmental Protection Agency (EPA) releases the new draft NPDES permit for storm water discharges from construction sites, and the agency is soliciting public comments on the new draft Permit.  The USEPA reports that the proposed Construction General Permit (CGP) includes a number of enhanced protections, including enhanced provisions to protect impaired and sensitive waters.  Many of the new permit requirements implement new effluent limitations guidelines (ELGs) and new source performance standards for the construction and development industry that became effective on February 1, 2010. These requirements include various erosion and sediment controls and pollution prevention measures that apply to all permitted construction sites.  The permit will be effective in areas where EPA is the permitting authority, including four states (Idaho, Massachusetts, New Hampshire and New Mexico); Washington, D.C.; most territories; and most Indian country lands.  For additional information:  http://cfpub.epa.gov/npdes/stormwater/cgp.cfm

On March 17, 2011 the U.S. Environmental Protection Agency (USEPA) announced issuance of the final rule that extends the deadline for reporting 2010 data under the Greenhouse Gas (GHG) Reporting Program to September 30, 2011. The original deadline was March 31, 2011.  USEPA reports this extension will allow EPA to further test the system that applicable facilities will use to submit data and give industry the opportunity to test the tool, provide feedback, and have sufficient time to become familiar with the tool prior to reporting.

Under the GHG Reporting Program entities required to submit data must register with the electronic GHG reporting tool (e-GGRT) no later than 60 days before the reporting deadline. With this reporting deadline extension, the new deadline for registering with e-GGRT is August 1, 2011.

On March 1, 2011 USEPA announced its intention to extend this year’s reporting deadline – originally set for March 31, 2011 - for greenhouse gas (GHG) emissions from various facilities and operations.  For additional information see http://www.epa.gov/climatechange/emissions/extension.html The USEPA also indicated plans to have the final GHG information uploading tool available this summer, with the GHG emissions data scheduled to be published later this year.  This extension will reportedly allow the USEPA to further test the system that reporters will use to submit GHG emissions information, and give industry the opportunity to test the tool, provide feedback and have sufficient time to become familiar with it prior to reporting.

New draft USEPA Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2009 report indicates that in 2009, overall greenhouse gas (GHGs) emissions decreased by 6 percent since 2008. This downward trend was attributed to a decrease in fuel and electricity consumption across all U.S. economic sectors. Total emissions from GHGs were about 6,640 million metric tons of carbon dioxide (CO₂) equivalent. Emissions in 2009 represent the lowest total U.S. annual GHG emissions since 1995.

The U.S. Environmental Protection Agency (EPA) announced its plan to delay greenhouse gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources for three years.  The USEPA indicated it intends to use the time to get additional independent scientific analysis and initiate a rulemaking process on how these emissions should be treated in determining whether a Clean Air Act permit is required. The agency plans to complete the rulemaking process by July 2011.  See http://yosemite.epa.gov/opa/admpress.nsf/0/4369C709163915B485257816005971BB for additional information

The U.S. Environmental Protection Agency (USEPA) releases information from a two-year study of air emissions from animal feeding operations (AFOs). AFOs, which house large numbers of animals for production of meat, dairy products and eggs, were monitored for the following air pollutants: ammonia, hydrogen sulfide, particulate matter and volatile organic compounds.  This information is from the National Air Emissions Monitoring Study, which resulted from a 2005 voluntary compliance agreement between EPA and the AFO industry. The study was funded by industry and was conducted by Purdue University researchers with EPA oversight. Throughout the studies, participating AFOs made their operations available for monitoring and worked closely with the researchers, industry experts and EPA.  Researchers monitored emissions at AFOs that raise swine and broiler chickens, at egg-laying operations, and at dairies, with a total of 24 monitoring sites in nine states. A separate industry study monitored emissions from a broiler chicken operation in Kentucky. EPA will use data from the studies to help develop improved methodologies for estimating AFO emissions.  Air emissions monitoring data from the study is available at: http://www.epa.gov/airquality/agmonitoring/data.html

On January 21, 2011 a federal District Court judge in Washington D.C. issued an order extending by 30 days the USEPA’s deadline to issue emission standards for large and small boilers and solid waste and sewage sludge incinerators. The Agency had hoped for a longer extension to allow for additional revisions to the proposed regulations issued in 2010 due to the more than 4,800 comments and additional information received during the original public comment period.  The Agency indicated the emission standards will be significantly different than what EPA proposed in April 2010, and that these changes would deserve further public review and comment and expects to solicit further comment through a reconsideration of the rules. The Agency reported it is considering all other options for addressing these issues before the rules would become effective 60 days after publication in the Federal Register.

Steven Woodruff, P.E., one of the Principals of WHEE, Inc., gave a presentation to Georgia Legislators and other policy leaders on Georgia’s water issues at the Georgia Legislative Policy Briefing held on November 13, 2010 and Hosted by The Conservative Policy Leadership Institute and The Georgia Public Policy Foundation.  His presentation titled “Georgia’s Water Woes, Facts and Solutions,” provided key information on: water usage in Georgia and the Metropolitan North Georgia Water Planning District; Judge Magnuson’s Ruling related to Lake Lanier and ramifications; and solutions and recommendations for securing adequate water supply for Georgia through additional water supply projects and water conservation programs.  For additional information and access to Mr. Woodruff’s presentation see http://www.georgiapolicy.org/pub/legislative_briefing_research.htm under the Section titled Water: Solutions to a Future of Shrinking Supply

On November 10, 2010 the U.S. Environmental Protection Agency (EPA) issued a guidance document, “PSD and Title V Permitting Guidance for Greenhouse Gases” to help state and local air permitting authorities evaluate and identify pollution reduction options for greenhouse gases (GHGs) under the Clean Air Act.  In January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement BACT (best available control technology) to minimize their GHGs. This includes the nation’s largest GHG emitters, such as power plants, refineries, cement production facilities, etc.  This guidance can be accessed at http://www.regulations.gov/search/Regs/contentStreamer?objectId=0900006480b8662b&disposition=attachment&contentType=pdf

The U.S. Environmental Protection Agency (EPA) announced an extension of the compliance deadline by one year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. The new compliance date for applicable facilities is November 10, 2011.

 

This extension does not apply to: Drilling, production or workover facilities that are offshore or that have an offshore component, or onshore facilities required to have and submit facility response plans (FRPs), due to the threats these facilities could pose of significant oil spills to navigable waters or adjoining shorelines.

 

 More information on the rule:  http://www.epa.gov/emergencies/content/spcc/compliance_dates.htm

On September 24, the U.S. Geological Survey (USGS) will hold a congressional briefing on high levels of nitrogen and phosphorus in U.S. water supplies, according to a press release. A new nationwide USGS study shows excessive nutrient enrichment is widespread in streams, exceeding nutrient criteria recommended by the U.S. Environmental Protection Agency in most agricultural and urban watersheds. USGS will brief Congress, the media and the public on nutrient concentrations in U.S. water resources, key sources of nutrients, potential effects on humans and aquatic life, and changes in concentrations since the early 1990s, the release stated.

Stanford University study concludes high-yield farming, including confined animal feeding operations, is much better for planet than low-yield farming (i.e, organic farming, etc.) with respect to greenhouse gas (GHGs) emissions.  See http://www.pnas.org/content/107/26/12052.full.

On July 29, 2010 the USEPA rejected claims of the use of flawed climate science in the agency’s “endangerment finding” related to greenhouse gases (GHGs) and denied ten (10) petitions challenging this determination.

See http://epa.gov/climatechange/endangerment/petitions.html for details.       

On January 14, 2010, the U.S. Environmental Protection Agency (EPA) issued proposed water quality standards for nutrients for Florida’s lakes and flowing waters.  These standards have been proposed “to protect people’s health, aquatic life and the long term recreational uses of Florida’s waters, which are a critical part of the state’s economy.” In 2009, the EPA entered into a consent decree with the Florida Wildlife Federation to propose limits for nutrient related to water pollution. The proposed action, released for public comment and developed in collaboration with the state, defines a series of numeric limits on the amount of phosphorus and nitrogen, also known as “nutrients,” that would be allowed in Florida’s lakes, rivers, streams, springs and canals.  For details see:

http://www.epa.gov/waterscience/standards/rules/florida/  

On January 5, 2010, Under 40 CFR Part 63, the National Emission Standards for Hazardous Air Pollutants (NESHAP): Area Source Standards for Prepared Feed Manufacturing; Final Rule was published in the Federal Register.  This new Federal Rule applies to prepared feeds manufacturing area sources (i.e., Feed Mills) that produce animal, excluding cat and dog, feed products that contain chromium (≥ 0.1%) or manganese (≥ 1.0%).  These new regulations require applicable facilities to implement various management practices in areas where materials containing chromium and/or manganese are stored, used, or handled.  In addition, Feed Mill facilities with an average daily feed production level of more than 50 tons per day are required to implement emission control equipment on pelleting/pellet cooling systems which provides a particulate matter (PM) removal rate of 95% or greater.  These facilities are also required to establish and maintain key operating parameter(s) for emission control systems to ensure compliance with the 95% PM removal requirement.  Applicable facilities are required to submit an Initial Notification to the USEPA and applicable state regulatory agencies that the facility is subject to these regulations (see http://www.epa.gov/ttn/atw/area/arearules.html) no later than May 5, 2010, and a subsequent Notification of Compliance Status must also be submitted to regulatory agencies for each applicable Facility by May 4, 2012.          

On December 7, 2009, the USEPASA Administrator signed two distinct findings regarding greenhouse gases (GH) under section 202(a) of the Clean Air Act:

·        Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well-mixed greenhouse gases--carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)--in the atmosphere threaten the public health and welfare of current and future generations.

·        Cause or Contribute Finding: The Administrator finds that the combined emissions of these well-mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare.

These findings are prerequisites for the USEPA instituting regulatory controls for GHGs.

See http://www.epa.gov/climatechange/endangerment/downloads/FinalFindings.pdf  for additional details.

The Sustainable Packaging Coalition (SPC) has released the "Sustainable Packaging Indicators and Metrics Frameworks - Verion 1.0" tool to assist companies in developing, implementing and measuring sustainable packaging initiatives.  This Tool can be downloaded at:: http://www.sustainablepackaging.org/pdf/Sustainable%20Packaging%20Metrics%20and%20Indicators%20Framework.pdf

On November 5, 2009, the USEPA issued new rules amending certain requirements of the Spill Prevention, Control, and Countermeasure (SPCC) rule in order to address additional areas of regulatory reform that have been raised by the regulated community. The November 2009 amendments revise the December 2008 amendments.  These amendments modify the December 2008 rule by removing the provisions to: exclude farms and oil production facilities from the loading/unloading rack requirements; exempt produced water containers at an oil production facility; and provide alternative qualified facilities eligibility criteria for an oil production facility.  This rule is effective January 14, 2010, and ammendments to SPCC Plans for existing facilities must be completed no later than November 10, 2010.

See http://www.epa.gov/emergencies/content/spcc/spcc_nov09amend.htm for details.

The American Veterinary Medical Association (AVMA) issued a response to members of Congress disputing the Pew Commission’s report on Industrial Farm Production “Putting Meat on the Table: Industrial Farm Animal Production in America.”  The AVMA, which represents 86% of U.S. veterinarians, identified various areas of concern with the Pew Commission’s Report, including a bias of the experts assembled and failure to take into consideration all the various technical reports, etc. concerning livestock production and the use of antibiotics in the industry.  AVMA indicated:

“Both in substance and in approach” “the Pew report contains significant flaws and major dalliances from both science and reality. These missteps lead to dangerous and under-informed recommendations about the nature of our food system – and shocking recommendations for interventions that are scarcely commensurate with risk.”

For details see: http://www.avma.org/advocacy/PEWresponse/PEW_report_response.pdf

An essay by Missouri farmer Blake Hurst sets the record straight on the significant societal, food safety, environmental and other benefits provided by the “industrial” farming and livestock production practices used in the US and other developed countries.  This essay can be found online at: http://www.american.com/archive/2009/july/the-omnivore2019s-delusion-against-the-agri-intellectuals

Woodruff & Howe Environmental Engineering (WHEE), Inc. is gearing up to provide “Sustainability Index” assistance to various food and agricultural product producers supplying retail giant Wal-Mart.  Wal-Mart recently announced a new initiative to develop a “Sustainability Index” for the various products it sells at its stores, and Wal-Mart will be, and has been, requesting sustainability and corporate responsibility information from its suppliers.  WHEE, Inc. has been receiving calls from food and agricultural products producers requesting assistance in the development and evaluation of sustainability programs; development of related metrics; calculation of impacts; and development of reports and presentations for customers.  Since inception in 2000, WHEE, Inc. has provided comprehensive sustainability and EMS program assistance to various food and agricultural products producers for customer and consumer reporting purposes.        

On July 28, 2009 the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) announced a new national initiative (Chemical national emphasis program – Chemical NEP) to focus inspections on facilities that could release highly hazardous chemicals resulting in toxic fire or explosion hazards.  The Chemical NEP will include inspectors asking detailed questions related to OSHA’s Process Safety Management (PSM) program requirements.  According to the acting Assistant Secretary of Labor for OSHA Jordan Barab “several catastrophic incidents have been caused by failure to comply with the requirements of the PSM standard,” and “this situation has resulted in loss of workers’ lives.”  The Chemical NEP will randomly identify sites for inspection based on the likelihood they have hazardous chemicals in quantities subject to the PSM standard.  Many food and agricultural product processing plants use anhydrous ammonia in refrigeration systems and in quantities that exceed the threshold for PSM rule applicability.   Accordingly, applicable facilities need to be adequately prepared for an inspection under the Chemical NEP initiative.  See     http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=16119 for details.

A recently released Economic Impact Study by the American Meat Institute (AMI) indicates the meat and poultry industry directly and indirectly contributes $832.4 billion dollars per year to the US economy, or approximately 5.8% of the total GDP.    This study also indicated the industry provides nearly 6.2 million jobs (i.e., direct, supplier and induced jobs), which generate almost $200 billion in annual wages and benefits.  See http://www.meatfuelsamerica.com/ for detailed information and breakdown of economic impacts by US State.

A new online tool released by the National Pork Board helps pork producers develop an Emergency Action Plan (EAP) for their operation(s).  EAPs are required for certain facilities by the Occupational Safety and Health Administration (OSHA).  This tool walks the user through development of a site specific EAP for their operation.  See http://eap.pork.org/ for details.

On Wednesday March 31, 2009 the US Supreme Court ruled that federal regulators may consider costs when deciding whether or not to order the operators of power plants to install protections for fish.  By a 6 to 3 margin, the court overturned a ruling by the United States Court of Appeals for the Second Circuit, in Manhattan, which had ruled that the Clean Water Act (CWA) barred the US Environmental Protection Agency (USEPA) from engaging in the kind of cost-benefit analysis that it had proposed.  Writing for the majority, Justice Scalia said it was “well within the bounds of reasonable interpretation for the E.P.A. to conclude that cost-benefit analysis is not categorically forbidden.”

Woodruff & Howe Environmental Engineering, Inc. (WHEE, Inc.) has been selected as a Technical Service Provider (TSP) under the Comprehensive Livestock Environmental Assessment and Nutrient Management Plan Program supporting owners and operators of livestock and poultry operations in the Eastern United States (CLEANEAST).

CLEANEAST provides confidential, no-cost technical support to farms including beef, dairy, swine, or poultry operations located in 27 eastern states.  Under this program, livestock producers can request on-site support services from a qualified Technical Assistance Professional (TAP), like WHEE, Inc., to:

• Conduct an Environmental Assessment
• Update an existing Nutrient Management Plan
• Prepare a new Nutrient Management Plan

See http://livestock.rti.org for additional information on this program and to obtain forms for growers interested in signing up participation in program.   

A recently released U.S. Geological Survey (USGS) identifies the top 150 watersheds in the Mississippi River Drainage Basin contributing the nutrients, nitrogen and phosphorus, linked to the annual 8,000 square-mile “Dead Zone” condition in the Gulf of Mexico.  This report indicates:

"66 percent of nitrogen originates from cultivated crops, mostly corn and soybeans, with animal grazing and manure contributing about 5 percent. Atmospheric contributions also are important, accounting for 16 percent of nitrogen."

"Animal manure on pasture and rangelands and crop cultivation are the largest contributors of phosphorus, accounting for 37 and 43 percent, respectively. Findings suggest that phosphorus associated with the wastes of unconfined animals is a much larger source of phosphorus in the Mississippi River Basin than previously recognized. Current animal manure management emphasizes controlling nutrients primarily from confined animal facilities.

"In total, agricultural sources contribute more than 70 percent of the nitrogen and phosphorus delivered to the Gulf, versus only 9 to 12% from urban sources."

See http://water.usgs.gov/nawqa/sparrow/gulf_findings/ for additional information on this study.

The Center for Sustainable Innovation (CSI) has released a new tool for measuring and reporting the sustainability of water use.  The Corporate Water Gauge™ provdes a tool that can be used to measure the ecological sustainability of an orgnization’s water use.  This new tool can be used to measure and report single and enterprise-wide facility-based levels of water use and compares it against local preciptation and population conditions.  See http://www.sustainableinnovation.org/Corporate-Water-Gauge.pdf for additional details.   

 

WHEE, Inc. assisted the U.S. Poultry & Egg Association (USPEA) in the development of Storm Water Pollution Prevention (SWPP) training video for poultry production facilities.  This training tool will assist poultry industry facilities stay in compliance with the industrial storm water permitting provisions of the Clean Water Act.  The SWPP training video can be ordered at http://www.poultryegg.org.

  

On November 26, 2008, the Federal Register published USEPA’s direct final rule to amend a Clean Water Act (CWA) section 311 regulation (Spill Prevention Control and Countermeasure - SPCC Rule) that defines the term "navigable waters." In this action, EPA announced the vacatur of the July 17, 2002, revisions to the definition of "navigable waters" in accordance with an order, issued by the United States District Court for the District of Columbia (D.D.C.) in American Petroleum Institute v. Johnson, 571 F.Supp.2d 165 (D.D.C. 2008), invalidating those revisions. The court decision also restored the regulatory definition of "navigable waters" promulgated by EPA in 1973; consequently, EPA is amending the definition of "navigable waters" in part 112 to comply with that decision. This final rule does not amend the definition of "navigable waters" in any other regulation that has been promulgated by EPA.  See http://www.epa.gov/emergencies/content/spcc/spcc_nov08waters.htm for additional details.