Current EPA regulation designates milk as an environmental hazard and forces over-burdensome compliance

Harrison Township, MI – U.S. Congresswoman Candice Miller (MI-10) today made the following comments regarding the Environmental Protection Agency’s (EPA) one-year extension for dairy producers to comply with the EPA’s Oil Spill Prevention, Control and Countermeasure (SPCC) program, which directs producers to have an oil spill prevention plan by November 10, 2010. Under the EPA’s current rule, milk is considered the same as oil, and if dairy producers do not comply with the EPA’s rule then they will be subject to punitive damages. Today’s EPA announcement allows for the owners or operators of certain milk product container facilities to delay implementation of an SPCC plan by one year or until the EPA finalizes a rule for these facilities.

“The EPA’s decision to provide a one-year extension for dairy product producers who currently fall under the EPA’s Oil Spill Prevention plan designating milk as an environmental hazard is a good step forward to changing this unnecessary and burdensome regulation on our dairy farmers,” Miller said. “It is my hope that the EPA will continue making the needed changes to finalize a permanent exemption for dairy containers from the SPCC regulations. I will continue to monitor EPA’s actions to ensure that this undue, over-burdensome regulation will not impose an unwarranted financial strain on our dairy industry – a vital industry we all rely on to produce a large portion of our nation’s food.”

Earlier this year, Congresswoman Miller introduced legislation (H.R.5426) to prohibit the enforcement of the EPA’s regulations on dairy and dairy product producers, processors, handlers and distributers. If passed into law, the legislation will require the EPA to implement this exemption within 30 days of the legislations enactment.

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