Texas Stands Up For Ag & Against EPA

The Chairman of the Texas Commission on Environmental Quality and the Texas Attorney General have written to the Environmental Protection Agency’s (EPA) Administrator, Lisa P. Jackson and her staff of approximately 18,000, telling her she is breaking the law. In a letter on August 2, 2010, the state declares, “…we write to inform you that Texas has neither the authority nor the intention of interpreting, ignoring or amending its laws in order to compel the permitting of greenhouse gas emissions.”

Writing for Farm Futures, Gary Baise, an Illinois farmer and outside General Counsel for several ag related associations said, “This dispute will impact agricultural operations either now or in the future. Texas is telling the Obama Administration’s EPA it is violating the law.”

Baise said over the last year, EPA has decided to ignore Congress and has undertaken a program to regulate greenhouse gas (GHG) emissions from large sources throughout the country. EPA has issued at least five regulations. One regulation may already cover your agricultural operation, and that is the Greenhouse Gas Reporting Rule of September, 2009. This rule requires operations emitting 25,000 metric tons of CO2 and CO2 equivalent per year to report the emission levels annually to EPA.

Some in the cattle industry believe the rule might require reporting from operations with no more than 180 head of beef cattle. Dairy operators have advised Baise that they believe the reporting rule would cover dairy operations of 4,000 head or larger.

Texas leaders believe EPA is forcing their state, and all states, to adopt a rule issued on June 3, 2010, called the “Tailoring Rule”. EPA is telling states that they must, by August 2, 2010, agree to regulate greenhouse gases in the exact manner and regulations prescribed by EPA. Otherwise, EPA will take over a state’s air permitting system to regulate new sources under what is called EPA’s PSD and Title V regulations. This means EPA will require permitting of new stationary sources or major modifications if the source emits 75,000 tons per year of CO2.

Baise believes that by 2016 EPA will seek to regulate smaller sources meaning, he says, agriculture, look out, there will be more job killing delays and regulations ahead.

The Texas Attorney General’s letter states it believes EPA is out of line. “…to encourage acquiescence with your unsupported findings, you threaten to usurp state enforcement authority and to federalize the permitting program of any state that fails to pledge their fealty to the EPA.”

Baise believes EPA is simply breaking the law and Texas is calling EPA’s hand. Texas states in its letter, “EPA has shown no intention of following the Clean Air Act procedures…” Texas goes on to say EPA is demanding a loyalty oath from the state of Texas and Texas refuses to take that oath nor will it be forced to “pledge allegiance” to the EPA rules.

Texas officials make it very clear in the letter that, “Texas will not facilitate EPA’s apparent attempt to thwart these established procedures and ignore the law.”

With the State standing up to EPA, we are pleased to remind you of the location of our 2010 Fall Convention, November 3-6 in Dallas!