EPA says it will exempt manure from Superfund

Washington, D.C.-Indications that EPA will be exempting manure used as a fertilizer from Superfund laws were greeted as welcome news in agriculture circles, but concerns were raised in at least one state, and The Daily Iowan editorialized that the changes would let farmers off without accounting for certain types of pollution. Last month the agency said it plans to exempt large livestock farms from the requirement of reporting emissions of ammonia and various other air pollutants, and also specified that manure not be considered hazardous waste if “used properly as a fertilizer.” Jon Scholl, the agency’s agriculture adviser, indicated at a livestock industry meeting that the changes could be finalized by fall 2008, shortly before President Bush leaves office. The New York Farm Bureau told Green Markets it would applaud the move. Bob Hokanson, assistant director for public policy, said he was pleased the agency is recognizing there’s no need to have manure regulated under the Superfund guidelines because there are sufficient provisions in the Clean Water and Clear Air Act to maintain the quality of the waterways. Jeff Lyon, director of government relations with the Wisconsin Farm Bureau, didn’t know if the EPA rule-making would derail efforts to get legislation passed in Congress to exempt manure. He offered that the two-pronged approach may still be the way to go, noting that letters have gone out to get the entire Wisconsin delegation in the House to co-sponsor HR1398, which already has 85 signed on. There are 17 co-sponsors for the Senate companion bill S.807. Ericka McPherson, Oklahoma Farm Bureau director of national affairs, cautioned that what EPA has in mind still needs clarification. “We are concerned about how EPA officials are going to define ‘used properly as a fertilizer.'” McPherson said if they mean “agronomic rate,” that could be a concern, because that’s a main issue in the Oklahoma attorney general’s litter contamination suit against poultry companies.