FOR IMMEDIATE RELEASE Contact: Christopher Galen
Wednesday, June 22, 2005 (703) 243-6111 ext. 356
E-Mail: Cgalen@nmpf.org
EPA GRANTS REQUEST FROM NMPF TO DELAY SIGN-UP DEADLINE
FOR AIR QUALITY CONSENT AGREEMENT
Dairy Farmers Now Have Until End Of July To Decide On Participating
ARLINGTON, VA – The Environmental Protection Agency has agreed to a request by NMPF to move the deadline for signing the agency’s air quality Consent Agreement until July 29th, 2005, a decision that will give dairy farmers more time to consider the ramifications of participating in the consent process.
NMPF’s Dairy Environmental Task Force, which has been working to address issues related to the federal regulation of air quality issues, had asked the EPA to move the deadline later in the year "so that farmers can better assess the pros and cons of participating," said Jerry Kozak, President and CEO of NMPF. "Since there are so many questions about this entire process, this additional extension will give farmers more time to understand their options."
In announcing that the sign-up period will be moved from the beginning until the end of July, the EPA also clarified that farmers who do sign the Consent Agreement, and pay a nominal penalty to gain safe harbor from regulation of past and current air quality violations, are not admitting any legal liability or any sort of wrongdoing.
"Payment of a penalty is part of the process to obtain a release from liability for possible violations. If the participant pays the penalty and complies with all the terms of the Agreement, the federal government cannot sue later for the violations covered by the Agreement. Payment provides participants with the full protections of the settlement," the EPA said in clarifying the terms of the Consent Agreement.
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Previously, the EPA had said that a farmer’s signing the Agreement "is not an admission that any of [his/her] agricultural operations has been operated negligently or improperly or that any such operation is or was in violation of any federal, state, or local law or regulation."
But the new language "may help assuage some producers’ concerns about liability issues," Kozak said.
Additional comments from EPA about the implications of the Consent Agreement can be found here: www.epa.gov/compliance/resources/agreements/caa/cafo-agr-response-com.html.
In addition to seeking the extension, NMPF’s Environmental Task Force has also been working on several other aspects of the Consent Agreement process, including seeking funding to pay for on-farm emissions studies, and recommending to EPA the number and types of dairy operations that should be monitored and studied.
The National Milk Producers Federation, based in Arlington, VA, develops and carries out policies that advance the well-being of U.S. dairy producers and the cooperatives they collectively own. The members of NMPF’s 33 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of nearly 50,000 dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our Website at
www.nmpf.org.###