Toxic Air Emissions from Dairies
Idaho Dairy First In Nation to Report Toxic Air Emissions
January 20, 2004---Filer, Idaho -- Responding to a notice of pending legal action, a mega-dairy near Filer, Idaho has become the nation's first dairy to officially report its toxic gas emissions to the federal government.
"These industrial mega-dairies pump so much toxic gas into the air that they can be a real threat to the health of people who live in nearby communities," said Justin Hayes, Program Director at the Idaho Conservation League.
The dairy, Desert Rose Farms, reported that it emits nearly 130 tons per year of toxic ammonia gas and a significant, though lesser amount, of hydrogen sulfide. Both toxic gases are associated with the decay of animal waste and can cause eye, nose, and throat irritation, nausea, dizziness, as well as general discomfort in those persons exposed to the gases.
"We urge other dairies to begin reporting their emissions," said Bill Eddie, an attorney with Advocates for the West. "The law is pretty clear on this matter. If you pollute more than 100 pounds per day you need to report it. These laws were created to protect human health and to ensure that communities know where polluters are releasing toxins."
The federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") -- also known as the "Superfund" law -- and the Emergency Planning and Community Right-to-Know Act ("EPCRA") require that polluters submit detailed reports of releases of certain federally designated hazardous substances, including ammonia (NH3) and hydrogen sulfide (H2S).
In September the Idaho Conservation League sent the dairy owner a letter notifying him that he was in violation of federal laws by failing to report his toxic releases to the air.
Though the dairy has begun reporting, the Idaho Conservation League is concerned that the documents significantly under-report the actual emissions. Estimating the dairy's emissions through "emissions factors" that the Idaho Department of Environmental Quality has utilized in the past results in a nearly threefold increase in expected ammonia emissions.
"The dairy deserves credit for reporting its emissions; we hope to continue working with them to understand how they came up with the numbers they submitted so we can determine if their report complies with the law," said Hayes.
In the Treasure Valley, the DEQ reports that livestock waste is the single largest source of ammonia pumped into the air, accounting for 64% of all ammonia. A single large dairy can produce as much or more ammonia as the Amalgamated Sugar plant in Nampa. The sugar plant must comply with state and federal air quality laws; but to date dairies have not been asked to comply with air quality laws.
Aided by locals concerned about their health, the Idaho Conservation League is working to protect human health, air and water in communities near industrial dairies and feedlots. ICL's "Community Based Conservation" program has recently created a high profile on dairy and feedlot issues in Idaho. Just a week ago ICL notified the K&W dairy near Jerome that its planned 7,000 cow expansion would violate the federal Clean Air Act. In Weiser, ICL is working to end water contamination at a feedlot that, despite years of Idaho Department of Agriculture oversight, operated with an illegal waste discharge pipe connecting the feedlot directly to the Snake River.
The Idaho Conservation League is Idaho's oldest and largest conservation organization dedicated to protecting the health of all Idahoans, our air, water, wildlands and wildlife. Advocates for the West, an Idaho based not-for-profit organization specializing in environmental and human health legal work, is representing the Idaho Conservation League in this matter.
