Saturday 22 September 2018

Agriculture (30)

Maryland’s 2018 Legislative Session Wrap-Up Featured

With the 2018 Maryland Session coming to a close earlier this month, we’d like to let you know about the important legislative victories we achieved along with some of the policies we may revisit in 2019. Over the past few months, Waterkeepers Chesapeake partnered with Maryland waterkeepers and other environmental organizations in the General Assembly to increase public access to government records, increase public participation at the Public Service Commission (PSC), prevent the use of harmful chemicals, decrease the amount of foam in local waterways, and close loopholes under current law that enable the net loss of forests in Maryland -- to name a few.   Legislative Victories Thanks to the work of Fair Farms and others, we were able to secure funding for the Maryland Farms and Families program.The Maryland General Assembly included $200,000 in the final budget for this program that matches purchases made by low-income Marylanders using federal nutrition assistance like SNAP (food stamps) at participating farmers markets. While the Governor still needs to allocate the funds for this program -- you can ask him to do so here -- we are now one step closer to having Maryland fund a successful program that directly supports small farmers, food-insecure Marylanders, and our local economy. This past session the General Assembly also legalized hemp production in Maryland. Hemp has a number of benefits for our environment, provides a new income stream for farmers, diversifies our state’s agricultural system, and may bring new jobs and opportunities to Maryland. You…
Marylanders expect transparent government. This transparency is essential across all sectors of government and industry, including agricultural waste management. Without access to this information, local communities and citizens cannot be assured that these operations are not polluting the water that Marylanders rely on for drinking, swimming and fishing. That’s why Waterkeepers Chesapeake along with Maryland Clean Agriculture Coalition (MCAC) are supporting legislation to address a significant loophole in current law that makes it impossible to obtain access to public records through a Public Information Act request if those records are held by agricultural operations. Maryland’s agriculture industry is afforded a level of secrecy that no other industry in our state enjoys, despite being heavily subsidized. Closing this loophole is critical to advancing transparency in the state, as well as to cleaning up the Chesapeake Bay. As currently written, Agric. § 8-801.1, a provision of the Maryland Water Quality Improvement Act, requires most farms to follow Nutrient Management Plans (NMPs) and annually submit a plan summary to the Maryland Department of Agriculture (MDA). These plans are not written by the farmers themselves, but with the support of professional planners who are paid for with our public dollars. Current law requires MDA to “maintain a copy of each summary for 3 years in a manner that protects the identity of the individual for whom the nutrient management plan was prepared.” Although this provision seems to only affect MDA’s disclosure of identifying information, such as the owner’s name and unique plan ID number, from the plan summaries…

EPA Guidance Falls Short of Protecting Communities

Air Releases of Hazardous Substances from Animal Waste Will Continue Sometimes our job as Waterkeepers can get very wonky. And this is one of those times. Not only do we comment on and challenge flawed regulations, we also slog through the guidance documents that the U.S. Environmental Protection Agency (EPA) drafts about how these regulations should be interpreted and applied. Last month, the EPA released a Guidance regarding a new requirement that Concentrated Animal Feeding Operations (CAFO) – known as factory farms -- report the release of hazardous substances from their facilities. This Guidance came a few months after the D.C. Circuit Court of Appeals ruled that CAFOs are not exempt from the reporting requirements under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Emergency Planning and Community Right to Know Act (EPCRA). The decision was meant to close a EPA loophole that has long exempted CAFOs from reporting the same hazardous substances – like ammonia and hydrogen sulfide – as other industries. The Court reasoned that public health professionals and emergency responders would need this information to adequately respond to emergencies and community threats. Under the ruling, a CAFO owner or operator must notify federal authorities under CERCLA and state and local authorities under EPCRA after it releases a large amount of ammonia or hydrogen sulfide. The EPA estimates that nearly three-quarters of the country’s ammonia emissions come from CAFOs. According to the Government Accountability Office, the amount of manure from CAFOs ranges from 2,800 tons to 1.6…