U.S. EPA

U.S. EPA: Waters of the US Rule Creates No New Permitting and Preserves Previous Exemptions

May 28, 2015 By Ron Sylvester Leave a Comment

From the EPA:

In an historic step for the protection of clean water, the U.S. Environmental Protection Agency and the U.S. Army finalized the Clean Water Rule today to clearly protect from pollution and degredation the streams and wetlands that form the foundation of the nation’s water resources.

The rule ensures that waters protected under the Clean Water Act are more precisely defined and predictably determined, making permitting less costly, easier, and faster for businesses and industry. The rule is grounded in law and the latest science, and is shaped by public input. The rule does not create any new permitting requirements for agriculture and maintains all previous exemptions and exclusions.

From National Farmers Union:

NFU President Roger JohnsonReleased the following statement :

“NFU’s policy opposes any expansion of jurisdiction under the Clean Water Act (CWA), but EPA has made genuine efforts in reaching out to agriculture stakeholders in the rule-making process and the final rule clearly demonstrates that the agency took the concerns of family agriculture under serious consideration. While the rule is not perfect from our perspective, the final rule is an improvement over the proposed rule.

“The final rule puts bright-line limits on jurisdiction over neighboring waters, offering farmers increased regulatory certainty and mitigating the risk of enforcement or litigation. The final rule also provides more clarity on which ditches fall under the Clean Water Act jurisdiction, removing a gray area that has caused farmers and ranchers an incredible amount of concern.”

EPA Fact Sheet Material:

Specifically, the Clean Water Rule:

Clearly defines and protects tributaries that impact the health of downstream waters. The Clean Water Act protects navigable waterways and their tributaries. The rule says that a tributary must show physical features of flowing water – a bed, bank, and ordinary high water mark – to warrant protection. The rule provides protection for headwaters that have these features and science shows can have a significant connection to downstream waters.
Provides certainty in how far safeguards extend to nearby waters. The rule protects waters that are next to rivers and lakes and their tributaries because science shows that they impact downstream waters. The rule sets boundaries on covering nearby waters for the first time that are physical and measurable.
Protects the nation’s regional water treasures. Science shows that specific water features can function like a system and impact the health of downstream waters. The rule protects prairie potholes, Carolina and Delmarva bays, pocosins, western vernal pools in California, and Texas coastal prairie wetlands when they impact downstream waters.
Focuses on streams, not ditches. The rule limits protection to ditches that are constructed out of streams or function like streams and can carry pollution downstream. So ditches that are not constructed in streams and that flow only when it rains are not covered.
Maintains the status of waters within Municipal Separate Storm Sewer Systems. The rule does not change how those waters are treated and encourages the use of green infrastructure.
Reduces the use of case-specific analysis of waters. Previously, almost any water could be put through a lengthy case-specific analysis, even if it would not be subject to the Clean Water Act. The rule significantly limits the use of case-specific analysis by creating clarity and certainty on protected waters and limiting the number of similarly situated water features.

Vilsack, McCarthy Hit on WOTUS, Rural Development in Remarks to NFU Convention

March 17, 2015 By Ron Sylvester Leave a Comment

USDA Secretary Tom Vilsack speaks before the National Farmers Union Annual Convention in Wichita, KS, March 16. Photo: NFU

USDA Secretary Tom Vilsack and U.S. EPA Administrator Gina McCarthy both made news and spoke frankly to the delegates and attendees of the 113th National Farmers Union Annual Convention in Wichita, Kansas.

NFU’s national convention kicked off this past Saturday and ends today. Nearly 500 members were in attendance.

McCarthy spoke to conventioneers on Monday and thanked NFU for not “having a knee-jerk reaction” to EPA’s roll out of a draft Waters of the United States (WOTUS) rule.

McCarthy said the U.S. Army Corps of Engineers and EPA are working on details of the final rule and appreciated the comments submitted by NFU. On the subject of ditches, she said that EPA needs to make the definitions clearer. “Most farm ditches were never covered before, and they won’t be in this new rule,” she promised.

Another EPA hot topic for farmers has been the lack of action on setting up to date requirements for the nation’s Renewable Fuel Standard.

“The RFS is a complicated program, and we weren’t able to accomplish what we needed to do last year,” she said. “Implementing the RFS as Congress intended has been challenging,” McCarthy said.

U.S. EPA Administrator Gina McCarthy also spoke to NFU conventioneers on Monday. Photo: NFU

Vilsack also spoke to NFU on Monday and announced $97 million in programs to support the continued development of farmers markets, farm to school efforts and rural economies and will also expand risk management tools for specialty crops and limited-resource farmers.

“Increasing market opportunities for local food producers is a sound investment in America’s rural economies, while also increasing access to healthy food for our nation’s families,” Vilsack said.

“There are over 400 school systems in this country that are purchasing locally and this is a tremendous opportunity to help rebuild the rural economy,” Vilsack said. He noted that the 2012 Census of Agriculture indicated more than 160,000 farmers and ranchers nationwide are tapping into growing consumer demand by selling their products locally.

“Consumer demand for local, healthy food is skyrocketing in schools, hospitals and wholesalers. These grant opportunities allow farmers and ranchers to meet this demand, and feed our nation’s kids.”

[Read more…]

NFU Disappointed with Delay in RFS Volume Standards

November 24, 2014 By Ron Sylvester Leave a Comment

from the National Farmers Union

WASHINGTON – National Farmers Union (NFU) President Roger Johnson called the U.S. Environmental Protection Agency’s (EPA) announcement today that the 2014 Renewable Fuel Standard (RFS) volume targets would not be released before the end of the year a ‘serious disappointment.’ Johnson also noted that NFU remains hopeful the delay will allow the agency to return the RFS target levels back to the statutory targets.

“Ethanol and all biofuels have been the best thing to happen to farm country in generations, and the volume standards that are supposed to be set by EPA are a significant help in establishing the market for biofuels,” said Johnson. “Rural America and the biofuels industries rely heavily on these targets for planning and investment purposes. Any hint that the administration might not be fully behind renewable fuels is a major step back for working farmers and the biofuels industries.”

The RFS is our nation’s main policy driver for renewable fuels, and since its creation by Congress has created $184.5 billion in economic impact while supporting 852,056 jobs nationwide. Johnson noted that the biofuels industries – and the farmers who grow the grains they use – are poised for continued growth here in the U.S., but need a clear signal that the targets will remain firm. Johnson hopes that the delay will give EPA the time it needs to get the numbers right.

[Read more…]

Comments from Public Needed on EPA’s Renewable Fuel Standard Proposal

January 21, 2014 By Ron Sylvester Leave a Comment

Proposed reduction in renewable fuel blended into gasoline will hurt farmers

The National Farmers Union and Fuels America are working to ensure farmers and those concerned with cleaner burning U.S. produced fuel get their say in the U.S. Environmental Protection Agency’s public comment period on the proposed rule for 2014 which would reduce the amount of renewable fuel blended into our nation’s gasoline supply.

Here’s what the two groups suggest you can do to help show the Obama Administration that there are interests out there other than Big Oil:

Write and submit comments to EPA on the following link:

http://www.fuelsamerica.org/page/s/take-a-stand-for-lower-gas-prices

NFU is a member of Fuels America, a coalition committed to protecting the RFS. By submitting comments through the Fuels America website, the coalition will be able to amplify your messages through social media channels. It is also helpful so that we know who has submitted comments.

The official notice in the Federal Register can be found here:

http://www.gpo.gov/fdsys/pkg/FR-2013-11-29/pdf/2013-28155.pdf

Here are some talking points you may want to use in your comments:

The Proposed Lower 2014 RFS Targets:

Hurt rural economies
USDA is expecting a record corn crop (slightly above 14 billion bushels)
EPA’s proposal would reduce demand for corn and hurt farm income/the rural economy
Devastates the advanced biofuels industry
Investors are spooked by this reversal in policy and will likely take their investment dollars elsewhere. This will hurt the advanced biofuels sector
Embraces fictitious “blend wall”
The oil industry claims that it cannot blend more ethanol into the nation’s fuel supply. The reason isn’t that they can’t, it’s that they won’t
Contradicts President Obama’s climate initiative
The proposal goes against Obama’s climate initiative. According to a recent study by Argonne National Laboratory, corn ethanol reduces greenhouse gas emissions by more than 30 percent compared with conventional gasoline

For more information, contact Jan Ahlen at jahlen@nfudc.org.

NFU Submits Comments to EPA on 2014 Renewable Fuel Standard Targets

January 8, 2014 By Ron Sylvester Leave a Comment

from the National Farmers Union

National Farmers Union submitted comments to the Environmental Protection Agency (EPA) today expressing deep concern with EPA’s proposed 2014 volumes for the Renewable Fuel Standard (RFS). EPA’s proposal reduces overall volumes by 16 percent. This is the first time in the program’s history that EPA has reduced overall targets.

“EPA’s proposal is a big step backward in the goal of reducing greenhouse gas emissions, ending our reliance on foreign oil, and giving consumers a choice at the pump,” said NFU President Roger Johnson. “The RFS is a principle driver of the cellulosic and advanced biofuels industry. This proposal would strand billions of dollars of investment in the next generation of biofuels and send those investment dollars overseas.”

“The ethanol industry supports nearly 400,000 jobs nationwide. If the current proposal is finalized, it will reduce farm income and damage rural economies,” Johnson continued. “EPA wrongly justified its action based on the so-called ‘blend wall.’ This is a creation of the oil industry in order to protect its market share. EPA needs to stand up to Big Oil and support an American-produced, environmentally responsible alternative.”

Under section 211(o) of the Clean Air Act, the EPA is required to set the renewable fuel targets for the following year.

Click Here to Read NFU’s Comments Submission to the EPA

What the EPA Says About Proposed 2014 Renewable Fuel Standard

November 18, 2013 By Ron Sylvester Leave a Comment

What follows will be the full press release from U.S. EPA on the proposed 2014 Renewable Fuel Standard. The 2014 proposal essentially calls for a reduction in the renewable fuel requirement. Roger Johnson, president of the National Farmers Union said last week, “Lowering renewable fuel targets below that which can be produced and below what is already being produced will sink corn prices, kill jobs and damage rural economies.” Read his entire statement here.

First, here are a couple of documents from EPA’s website on renewable fuels regulations:

EPA Press Release:

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today proposed for public comment the levels of renewable fuels to be blended into gasoline and diesel as required by Congress under the Energy Independence and Security Act of 2007. Developed with input from the U.S. Department of Energy and U.S. Department of Agriculture, the proposal seeks public input on annual volume requirements for renewable fuels in all motor vehicle gasoline and diesel produced or imported by the United States in 2014. The proposal seeks to put the Renewable Fuel Standard (RFS) program on a steady path forward – ensuring the continued long-term growth of the renewable fuel industry – while seeking input on different approaches to address the “E10 blend wall.”

[Read more…]

Farmers need to be aware of EPA Spill Control Deadline

April 17, 2013 By Ron Sylvester Leave a Comment

Ohio farmers are talking about a U.S. EPA deadline coming on May 10. It’s the deadline for having a “Spill Prevention, Control and Countermeasures Plan” (SPCC) regarding oil – which by EPA definition appears to mean just about any liquid on the farm which is carbon-based or derived in part from oil.

Ohio Farmers Union Executive Director Linda Borton and Clinton County Farmers Union President Walt Streber have both attended recent OFU or Farm Bureau local meetings at which the EPA’s SPCC program was a major topic of conversation.

Streber, who farms several hundred acres in southwest Ohio, and Borton both say family farmers need to be aware of SPCC and how it affects their farming business. The issue is that if provisions of the program are applicable to your operation – and you’re not in compliance – your farm may be subject to a fine from the EPA.

[Read more…]

U.S. EPA keeps renewable fuel standard in place

November 16, 2012 By Ron Sylvester Leave a Comment

Some states had requested loosening in wake of drought

You may recall that during the height of the summer drought season, some states had requested that the U.S. Environmental Protection Agency temporarily loosen the renewable fuel standard affecting gasoline. States argued that looser standards would help alleviate expected price pressure on corn due to the drought. Here’s what the EPA said in a press release today:

The U.S. Environmental Protection Agency (EPA) today announced that the agency has not found evidence to support a finding of severe “economic harm” that would warrant granting a waiver of the Renewable Fuels Standard (RFS). The decision is based on economic analyses and modeling done in conjunction with the U.S. Department of Agriculture (USDA) and U.S. Department of Energy (DOE).

“We recognize that this year’s drought has created hardship in some sectors of the economy, particularly for livestock producers,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “But our extensive analysis makes clear that Congressional requirements for a waiver have not been met and that waiving the RFS will have little, if any, impact.”

To support the waiver decision, EPA conducted several economic analyses. Economic analyses of impacts in the agricultural sector, conducted with USDA, showed that on average waiving the mandate would only reduce corn prices by approximately one percent. Economic analyses of impacts in the energy sector, conducted with DOE, showed that waiving the mandate would not impact household energy costs.

EPA found that the evidence and information failed to support a determination that implementation of the RFS mandate during the 2012-2013 time period would severely harm the economy of a State, a region, or the United States, the standard established by Congress in the Energy Policy Act of 2005 (EPAct).

EPAct required EPA to implement a renewable fuels standard to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel. A waiver of the mandate requires EPA, working with USDA and DOE, to make a finding of “severe economic harm” from the RFS mandate itself.

No Ohioans to serve on U.S. EPA Ag Advisory Committee

June 20, 2012 By Ron Sylvester Leave a Comment

The U.S. Environmental Protection Agency announced the members of its Farm, Ranch and Rural Communities Committee today and there were no Ohioans appointed. Robert Carlson, president of the North Dakota Farmers Union was appointed to represent the National Farmers Union.

Members will serve on the committee for the next two years.

According to the EPA, the FRRCC “is a policy-oriented committee that provides policy advice, information, and recommendations to the Administrator on a range of environmental issues and policies that are of importance to agriculture and rural communities. The FRRCC addresses specific topics of relevance to agriculture as identified by the Agricultural Counselor to the Administrator, and reports its policy advice and recommendations to the EPA Administrator through the Agricultural Counselor.”

Proposed reduction in renewable fuel blended into gasoline will hurt farmers

EPA Press Release:

Some states had requested loosening in wake of drought

NATIONAL FARMERS UNION

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