EPA calls for axing loophole for ag

Official tells Fresno hearing he favors that over amending air law.

By Mark Grossi
The Fresno Bee

(Updated Saturday, March 1, 2003, 5:09 AM)

The U.S. Environmental Protection Agency would prefer elimination of an air regulation loophole for farmers rather than an amendment to state law, as suggested by the agriculture industry.

The agency believes the farm amendment could work, but Jack Broadbent, regional air division director, made EPA's wishes clear Friday in Fresno at a state Senate hearing on air quality.

"We think the language needs to be removed completely," Broadbent said.

Agriculture officials, eager to showcase their air cleanup efforts, defended their suggested amendment, adding that it is just a part of their work on air quality.

Spokesman Roger Isom said the industry has oiled hundreds of miles of unpaved roads to hold down dust, replaced 2,300 old diesel engines and reduced 20% of smog-forming emissions from pesticides.

"People have been led to believe ag isn't doing anything," he said. "That's an absolute mistake."

Broadbent, Isom and others commented at the hearing conducted by state Sen. Dean Florez, D-Shafter. It was the third of 13 hearings on air quality scheduled by the senator throughout the year.

Florez has proposed 10 air quality measures pointed mainly at the Valley, which is among the dirtiest and most unhealthy air basins in the nation.

One of the measures would remove the state exemption that prevents regulators from including large farms in the so-called Title V permit program in the federal Clean Air Act.

The exemption applies only to on-field farming, which includes harvesting, discing and livestock operations. Other parts of agriculture, such as unpaved roads between fields, are regulated in other ways.

The Title V permit applies to large emission sources such as refineries, power plants and glass manufacturers, known as "stationary sources." The permit allows regulators to catalog emissions for the air basin as well as track pollution from larger sources.

Federal officials, responding to an environmental lawsuit settlement last year, have told California to lift the decades-old permit exemption for farmers or face expensive penalties for new and expanding businesses by Nov. 23.

Florez said even if fellow lawmakers and the governor agreed to his proposed repeal, it couldn't become law until Jan. 1.

"Do you have any intention of enforcing sanctions during that six-week period?" Florez asked.

Broadbent said the EPA would not levy sanctions if the Legislature passed an acceptable change that was signed by the governor.

The farm amendment could be acceptable, Broadbent said earlier this week. EPA has suggested two technical changes, which appear to be acceptable both to farm lobbies and environmentalists.

Farm spokesman Isom, who is vice president of the California Cotton Ginners and Growers Associations, told Florez that farmers have been misunderstood on air issues. Agriculture has been involved in studies, research and funding efforts for many years, he said.

Isom said agriculture has worked for six months with other officials to devise practices for reducing possible emissions on farm fields. The group has about 100 practices.

Florez asked why the farm story hasn't been told until lately.

"There hasn't been a need," Isom said. "We've just been doing it."

The need for public attention was clearly outlined by many speakers Friday. With federal deadlines fast approaching, the EPA is poised to levy sanctions on the Valley as early as August over air cleanup plans.

The sanctions start with the higher fees for new and expanding businesses, but the real hammer would fall six months later when federal road-building funds would be frozen.

The spotlight on the Valley's air problem makes other communities more attractive to businesses, said Dave Spaur, president of the Economic Development Corp. of Fresno County. While distribution centers are coming to the Valley, other businesses often opt for Reno, Nev.; Las Vegas or Phoenix, he said.

"We're not even on the list for many of these companies," Spaur said. "How would I answer a question about air quality here? They rarely ask the question. They just avoid us altogether."

The reporter can be reached at mgrossi@fresnobee.com or 441-6316.