Farmers pressured to tighten air rule

EPA says ag industry must go further to close a loophole on permits.

By Lesli A. Maxwell and Mark Grossi
The Fresno Bee

(Updated Friday, February 28, 2003, 10:10 AM)

The agriculture industry's proposal to revise a farm loophole in state air regulations isn't good enough, U.S. Environmental Protection Agency officials say.

Farm representatives must go further than proposing pollution permits for diesel-run irrigation pumps, said federal officials, who suggested two technical changes.

Farm lobbyists say they won't dispute the EPA's assessment and will likely support the agency's guidance for revising the decades-old state law. The law has prevented state and local air officials from issuing permits to owners of large farms.

Spurred by a lawsuit settlement last year, the federal government has told the state to repeal the permit loophole for farmers or face expensive statewide sanctions by Nov. 23.

The issue will take center stage today in Fresno, where a state Senate panel will hear testimony about the San Joaquin Valley's air pollution problem. Lawmakers, environmentalists and farm representatives are expected to testify about the loophole and other air-related issues.

Farm officials this month proposed giving local air districts authority to issue permits for the diesel pumps under a provision in the federal Clean Air Act known as Title V. The provision allows officials to estimate and track pollution emissions from large "stationary" sources, such as petroleum refineries or glass manufacturers.

Jack Broadbent, EPA regional director, said the farm-sponsored language to change the loophole was too vague and needs two changes "to satisfy the needs here."

EPA officials outlined the necessary changes in a letter to Sen. Chuck Poochigian, R-Fresno, who had asked the agency whether agriculture's plan would satisfy the federal government.

The changes would make the industry's proposal match federal law. One would identify large farms -- not simply equipment used on the farms -- as a "major source" of pollution. The other would expand that phrase to include provisions beyond Title V in the Clean Air Act.

"Without those changes, we would have to change the federal law ... and that's not something we're talking about," Broadbent said. "We've also asked the stakeholders to seek an opinion on this legislation from the state attorney general."

The EPA's revisions appear to satisfy environmentalists, who last year filed the lawsuit that is prompting the federal demand. Earthjustice lawyer Susan Britton said her organization agrees any wording should include all parts of the Clean Air Act.

"We would have objected if it had focused only on Title V," she said.

The EPA already is requiring large farms with many diesel pumps to apply for the Title V permit with federal officials this spring.

Large-animal operations, such as dairies, will be required to apply by August.

Federal officials say they will run the farm portion of the permit program until the state changes the loophole and takes it over. The EPA is focusing on the eight-county Valley because it is gaining more attention as one of the nation's dirtiest and unhealthiest air basins.

Cars and trucks are the biggest contributors to the Valley's air problem, but regulators have identified farms as a major source of particle pollution and gases that create ozone or smog.

Fresno County farmer Paul Betancourt said he agrees growers should clean up obvious pollution problems, such as old diesel engines. Valley farmers have replaced more than 2,000 older diesels in the past three years, and other pollution-fighting measures are in the works.

But Betancourt was concerned about broadening the definition of "major source" from the equipment to the farm itself.

"It's too open-ended," he said. "I can replace my diesel engines, use the best practices for reducing pollution on my land, and the feds can still find things to criticize. Give me the chance to do what can be done."

But state policymakers have little wiggle room. Without a repeal of the loophole or a significant amendment, California faces increased fees for large businesses that want to expand or relocate anywhere in the state.

By May 2004, the federal government will freeze billions in road-building funds if the state has not lifted the exemption for farmers.

Valley lawmakers, including Sen. Dean Florez and Assembly Member Sarah Reyes, say they will push legislation on the farm exemption.

Reyes, D-Fresno, is hammering out the details of her measure. Florez, D-Shafter, caused a stir last week by introducing 10 clean-air bills, including one that would repeal the farm exemption and require pollution permits for diesel-powered irrigation pumps, dairies and other large-animal operations.

His measure would also mandate that local air districts adopt rules that reduce or eliminate pollution caused by everyday farming activities, such as harvesting, discing and tilling.

Farmers say Florez's measure would require them to dramatically exceed the demands of the EPA. They say the broad and expensive plan could drive some farms out of business.

Florez says the industry is insisting on doing as little as possible, and that's unacceptable.

The reporters can be reached at lmaxwell@fresnobee.com mgrossi@fresnobee.com or 441-6330.

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