WASHINGTON, DC – What do BP and Exxon Mobile have in common with New York’s dairy farmers? More than they should, according to Senator Charles Schumer, due to a provision of the Clean Water Act which treats the fresh milk produced by dairy farms around the country the same as the oil currently flowing freely into the Gulf of Mexico.
“Everyone knows that when Congress enacted these laws it was targeting massive oil spills and toxic substances, not an accident involving milk at one of our state’s small dairy farms,” Schumer said.
Because of its butterfat content, milk classifies as a non-petroleum oil under the regulation’s guidelines, the New York Democrat reported in a conference call last week. As a result, any producer storing more than 1,320 gallons of milk could technically be required to develop a spill prevention plan under the Environmental Protection Agency’s Spill Prevention, Control and Countermeasures (SPCC) program.
“The vast majority of farms in New York State meet that threshold,” the senator said, adding that if the EPA chose to enforce the regulations, it would have a negative impact on the industry.
Last week, Schumer penned a letter to EPA Administrator Lisa Jackson, urging the agency head to push forward a ruling which would exempt milk producers who were already meeting state and federal sanitary storage standards.
“Since it’s hanging out there ... it’s causing worry for our farmers,” Schumer said, stressing the importance of finalizing the exemption, which had been proposed originally by the Bush administration. According to the senator, it has not been finalized under the current administration, “as part of the Obama administration’s complete review of all EPA rules proposed under the previous administration.”
“I appreciate that your administration must do its due diligence and reexamine all proposed rules issued by the previous administration, but I urge you to quickly finalize this rule,” Schumer stated in his letter to Jackson, dated July 21.