So when you think of milk you tend to think of a delicious satisfying cool-down drink that nicely compliments a very rich piece of cake or a handful of cookies right? Yeah me too. But not the EPA. Yes, I said the EPA. I know your wondering how do milk and EPA fall into the same sentence? I’ll tell you how.
While this oil spill in the gulf is not horrific enough, it appears that the EPA (Environmental Protection Agency) under the Clean Water Act, apparently intends to classify milk as a hazard to the waters of the United States and add tremendous compliance costs and regulatory burdens. To some, okay many, especially farmers, this goes way beyond the focus of the Clean Water Act. Since when did the spillage of milk cause thousands of fish to die, much like the oil in the gulf is right now?
In addition to the Clean Water Act is a separate program called the Oil Spill Prevention, Control and Countermeasure Program. According to the EPA, “The goal of the SPCC program is to prevent oil spills into waters of the United States and adjoining shorelines.” According to this program, a farm would be covered by the SPCC if the farm:
- Stores, transfers, uses, or consumes oil or oil products, such as diesel fuel, gasoline, lube oil, hydraulic oil, adjuvant oil, crop oil, vegetable oil, or animal fat
- Could reasonably be expected to discharge oil into waters of the US or adjoining shorelines, such as interstate waters, intrastate lakes, rivers, and streams
- Stores more than 1,320 US gallons in above ground containers or more than 42,000 US gallons in completely buried containers
So what exactly has farmers crying over spilled milk? The EPA is loosely defining now, milk as an oil. How you ask? Because if you look at the first criteria of this SPCC coverage, it included the storage of animal fat, and what is in all milk? You got it. “Milk typically contains a percentage of animal fat, which is a non-petroleum oil,” the EPA rule says. “Thus, containers storing milk are subject to the SPCC rule when they meet the applicability criteria…” So without a doubt, any substantial sized farmer would definitely store more than 1,320 gallons of milk on their property making them subject to the laws & regulations of the SPCC rule.
But have faith, the farmers are not taking this sitting down. They are currently preparing their own 20-page appeal in regards to milk being classified as an oil. As the oil from the BP spill continues to pollute and kill thousands of wildlife and ruin thousands of miles of beaches in the South, so to does the farmers war against the EPA in this ruling.
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