The Environmental Protection Agency (EPA) met with Alabama's poultry producers
in Hanceville, Ala., recently to give an overview on its Air Consent Agreement, dealing with poultry house air emissions.
     More than 130 poultry producers, representatives of integrated poultry companies and state officials met on Thursday, Apr. 14, 2005, at Wallace State Community College.
     EPA Environmental Engineer, Bill Schrock, presented the government's proposal to record actual air emission readings from producers’ poultry houses. The four elements being monitored are particulate matter, hydrogen sulfide, volatile organic compounds and ammonia.
     This agreement would allow EPAto compile accurate measurements to assist in policy development. This would put an environmental plan on the table that would be both factual and science based.
     Some view this as intrusive and fear that such information could lead to more costly regulations.
     Johnny Adams, AP&EA executive director, began the meeting by stating the Association's concern on the issue. Ronnie Murphy, deputy commissioner of agriculture for Alabama, then read Commissioner of Agriculture and Industries Ron Sparks' statement on the matter. Both groups have high reservations about the program.
     After the presentation, a lively discussion period followed moderated by Jim Donald with the Alabama Cooperative Extension System. Questions and comments were focused on the cost of the program that would be shouldered entirely by the producer. Another concern was the easy access the general public would have to this
information leading to a potential legal and/or consumer backlash it could create.

    For example, feed formulation, litter type (sand,     wood chips, peanut hulls), outside temperature     and humidity, size of birds etc.?
    There was no clear answer
  • What happens if there are not enough     participants to sign up for the program?
    Poultry producers will not be included in    the plan. Schrock said during the meeting    that environmental groups did not want    the poultry industry eligibile for the    program, because it would discourage law    suits against producers in the future.

     Adams ended the meeting by encouraging the EPA to work with poultry industry groups in conducting studies that pertain to dry litter. He suggested EPAwork with state land grant institutions (Auburn University, University of Georgia, University of Arkansas, Mississippi State University, North Carolina State University, etc.) to conduct studies under different conditions where the poultry producer's information would remain confidential.
     The group was reminded that the consent order was voluntary.
     None of the producers attending the meeting in Hanceville indicated that they would sign the agreement.

Here's a sampling of the group discussion:
• Concerns over the amount to participate   in the program
  Fees could cost up to   $2,500 per farm.
• Why are some fees referred to as civil
  penalties?
  The penalty section is a condition of the
  consent order and was supposedly   pushed by environmental concerns that   were part of the working group that   devised the criteria.
• Is participation in the agreement an   admission of guilt?
  According to EPA spokesman   participation in the plan is not an   admission of guilt - yet how do you   explain paying a civil penalty?

• What is the procedure for checking   emissions from a poultry house?
  The proposed instrument costs   approximately $500,000.
• If a producer signed up for the program,
  would their farm information be   accessible to general public?
  Yes.
• What protections do poultry producers   receive if they participate in the   program?   
  They would receive protection from EPA
  penalties or lawsuits for violations of   the  Clean Air Act prior to signing up   for   the  plan — if the plan determines   that   poultry  house emissions are   regulated   under the  Clean Air Act.

• If my neighbor takes information from   my participation in the plan and uses it   to sue me in a nuisance law suit in State   circuit court, do I have any protection?
  No.
• Why were grower groups not represented
when this consent order was devised?
It was not determined that poultry farms would be subject to the clean air regulation.

• How can a determi-nation be reached if a house is emitting a certain degree of ammonia when there are so many variables within the poultry house?