The legislation is in response to EPA's Oil Spill Prevention, Control and Countermeasure (SPCC) Program, as initiated under the Clean Water Act, which considers milk the same as oil and directs dairy farmers to have an oil spill prevention plan. If they don't, farmers are subject to punitive damages.
EPA categorizes milk as oil in its rules stating, "milk typically contains a percentage of animal fat, which is a non-petroleum oil. Thus, containers storing milk are subject to the SPCC rule when they meet the applicability criteria..."
Under Miller's proposed legislation, dairy operations with diesel fuel and oil tanks would still be required to meet the EPA regulations for spill prevention and control measures. But beyond that EPA would be prohibited from enforcing the regulations on dairy and dairy product farmers, processors, handlers and distributers.
"Farm Bureau appreciates Congresswoman Miller's quick action in working to resolve this issue. This is a great example of how dialed into agricultural issues the Congresswoman is," says Ryan Findlay, Michigan Farm Bureau national legislative counsel. "Spilled milk is not the same as oil and Congresswoman Miller is spot-on in stressing that bulk tanks designed for milk and dairy products shouldn't require oil spill plans. EPA's attention should be on preventing oil spills in our nation's waters and shores."
In a news release about the bill's introduction, Miller says the EPA's criterion places undue, over-burdensome and costly regulatory requirements on dairy farmers.
"Milk is a natural resource and directing the EPA to proceed with exempting our dairy producers is a common sense solution," she says.
Miller adds: "We see on television every day the devastation being wrought in the Gulf of Mexico by the ongoing oil spill. It is simply ridiculous for the EPA to suggest that milk presents the same danger to our environment as oil. The federal government's focus on the Gulf oil spill has been brought into question and one has to wonder if ridiculous requirements like this are a reason why. The EPA has an important job and it should properly place its focus where it belongs — on spilled oil, not spilled milk."
