[Congressional Record Volume 156, Number 108 (Wednesday, July 21, 2010)]
[Senate]
[Pages S6080-S6081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JOHANNS (for himself and Mr. Schumer):
  S. 3622. A bill to require the Administrator of the Environmental 
Protection Agency to finalize a proposed rule to amend the spill 
prevention, control, and countermeasure rule to tailor and streamline 
the requirements for the dairy industry, and for other purposes;

[[Page S6081]]

to the Committee on Environment and Public Works.
  Mr. JOHANNS. Mr. Pesident, I rise today to offer what I consider to 
be an enormously commonsense piece of legislation that is going to help 
our Nation's dairy farmers. No one can make up this stuff. If you can 
believe it, this legislation pertains to the EPA's regulation for 
oilspills. I said that right. What do oilspills have to do with dairy 
farmers, you might ask? Having grown up on a dairy farm myself, I 
didn't think they had much in common at all. But EPA apparently thinks 
differently on this issue than I do.
  The EPA currently enforces what are known as spill prevention control 
and countermeasure regulations, often referred to as SPCC regulations. 
The purpose of these regulations is to prevent any oil from discharging 
into U.S. waterways. It seems to make sense so far. Under SPCC 
regulations, facilities that store or use oil or fuel must put in place 
a prevention plan so oil does not spill--that makes sense so far--or, 
if oil does spill, it is contained safely onsite.
  I get all of that. These regulations have been in place since the 
passage of the Clean Water Act, dating back to the 1970s. We do not 
want oil spilling in our waterways. The regulations are meant to avoid 
such spills. I think everybody is probably with me so far.
  But there is one problem. Currently, EPA's definition of oil, under 
SPCC regulation, includes, of all things--milk. If that doesn't make 
you want to scratch your head, if that does not occur to you as 
strange--I have to tell you that is in fact what is going on here.
  Under the EPA regulations, milk containers could be subject to the 
same regulations as oil. Milk, which is made up of 80 percent water, 
which is an excellent source of calcium and protein--milk could be 
regulated in the same way as oil. That does not make any sense. I am no 
scientist but I don't think it takes a Ph.D. to see the difference 
between milk and oil. I have been drinking milk my entire life. As I 
said, I grew up on a dairy farm.
  People drink milk because it is good for them. So these regulations 
are perplexing just standing on their own. But when we get a little 
deeper it is even more confusing that EPA is getting involved in the 
regulation of milk at all.
  The Food and Drug Administration already regulates milk storage under 
what is called the pasteurized milk ordinance. Requiring milk storage 
facilities to also develop a SPCC plan would, of course, be costly, 
duplicative, and unnecessary.
  Luckily, there is still some time remaining for us to address this 
issue. In January of 2009, EPA proposed to exempt milk storage from 
SPCC regulations. Way to go, EPA. If the dairy industry gets this 
exemption, they will not have to develop a plan to prevent milk from 
spilling.
  Growing up on that dairy farm, I don't recall losing much sleep over 
a little spilled milk out of the bucket, so that is a step in the right 
direction. Unfortunately, and you will find this amazing, something 
that is so vested in common sense has taken over 1\1/2\ years after it 
was proposed. As I stand here today, the rule is not yet finalized. 
Every day we wait for an answer from EPA is a day closer to a deadline 
for compliance, which is November 10 of this year.
  So the deadline to develop a spill plan is approaching. But the dairy 
farmers still do not know whether they are going to need to comply. EPA 
has been claiming they will extend the deadline until they finalize the 
rule, but so far we have not seen any action.
  If they move at the same pace to extend the deadline as they have 
taken to finalize the proposed rule, then you can see producers and 
farmers are in big trouble. It has been over a year now. The dairy 
industry deserves a simple, straightforward answer from the EPA. This 
should not be tough, especially in the face of deadlines that are now 
only a few months away.
  Today, to address this problem, I am introducing legislation to 
compel EPA to act. My bill requires the EPA to finalize the proposed 
rule exempting milk containers within 30 days. It also protects dairy 
producers and milk processers by preventing EPA from punishing them 
until EPA actually provides clarification about what they are doing.
  Even though these farmers and rural businesses are facing a deadline 
in a few months, they still do not know what, if anything, they will 
need to do to comply, and that is not fair. This commonsense 
legislation would simply help us get an answer from the EPA. It is very 
concerning that anyone would ever equate milk handling with oil. That 
should not be what is happening. Milk and oil should not be in the same 
category.
  You know what. That is just good, old-fashioned farm common sense. 
But it seems EPA officials are once again out of touch with mainstream 
America. I encourage those officials to leave the Beltway. There are 
highways that take you out of Washington. I invite them to visit a 
Nebraska dairy farm with me. It will not take long for them to see the 
foolishness of this regulatory effort.
  Importantly, I urge them to act. Our Nation's dairy farmers have 
waited long enough with a cloud of regulatory uncertainty hanging over 
their heads. But until then, my hope is my colleagues will join me in 
this commonsense approach and deal with this problem.
  I look forward to working with my colleagues.
                                 ______