Polluters given reprieve if bill passes
November 24, 2004
Washington, DC - The Senate and House are likely to consider a rider to the Omnibus appropriations bill that would exempt polluting factory farms from requirements to report their toxic chemical releases to local, state and federal agencies. The rider originated with Senator Larry Craig of Idaho.

Giant livestock operations, sometimes confining hundreds of thousands of animals, routinely emit large quantities of hazardous chemicals such as ammonia and hydrogen sulfide as animal waste decomposes. In addition, as ammonia falls and washes into streams, it becomes a significant source of nitrogen pollution, which feeds aquatic vegetation growth which then sucks the oxygen out of water.

"Odors from factory farms not only make life unbearable for rural communities, scientific studies show that their pollution threatens people's health," said Ed Hopkins, Director of Sierra Club's Environmental Quality Program.

Although few factory farms have estimated their chemical releases, some large animal feedlots release toxic chemicals into the air in quantities comparable to large chemical manufacturing plants. According to a US Department of Justice consent decree, Buckeye Egg Farm in Ohio had ammonia emissions of more than 800 tons per year. A chemical manufacturer in Fort Mason, Iowa, where ammonia releases ranked ninth largest in the nation among manufacturers in 2002, reported releasing the same amount of ammonia.

Scientific evidence has shown that these factory farms pose a threat to people's health. According to a landmark 2002 study conducted by IowaState University and the University of Iowa, "Hydrogen sulfide and ammonia are recognized degradation products of animal manure and urine. Both of these gases have been measured in the general vicinity of livestock operations at concentrations of potential health concern for ruralresidents, under prolonged exposure."

Although laws requiring public right-to-know for toxic chemical releases have existed since the 1980s, factory farms have generally not complied. In November 2003, a court decision in Kentucky held that Tyson Foods had failed to comply with chemical reporting laws. That decision, which is on appeal, has spurred livestock industry efforts to escape from chemical reporting requirements. In October of this year, the 10th Circuit Court of Appeals ruled against Seaboard Corporation in a decision that confirmsthat large factory farms across the nation are responsible for reporting their releases of toxic ammonia, which can also cause respiratory problems for people forced to breathe the polluted air.

"Congress should not use last-minute tricks in must-pass agency funding bills to create a gaping loophole in the nation's chemical right-to-know law when the public's health is already at risk," said Hopkins.

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