January 13, 2006

Superfund Docket
Environmental Protection Agency
Mailcode: 5202T
1200 Pennsylvania Ave., NW
Washington, DC 20460

RE: Docket ID No. EPA-HQ-SFUND-2005-0013

On behalf of the Union of Concerned Scientists’ 100,000 members and supporters, I write to offer the following comments on the National Chicken Council, National Turkey Federation, and U.S. Poultry and Egg Association’s Petition for Exemption from EPCRA and CERCLA Reporting Requirements for Ammonia from Poultry Operations. The Union of Concerned Scientists (UCS) is a nonprofit partnership of scientists and citizens combining rigorous scientific analysis, innovative policy development, and effective citizen advocacy to achieve practical environmental solutions. UCS’s Food and Environment Program seeks to ensure that food is produced in a safe and sustainable manner. UCS asks the Environmental Protection Agency (EPA) to deny the petition.

Federal reporting requirements under Section 104 of the Emergency Planning and Community Right to Know Act (EPCRA) and Section 103 of the Comprehensive Environmental Response, Compensation Liability Act (CERCLA) are triggered only when emissions exceed a set threshold and therefore pose a risk to nearby communities. For a poultry facility, reporting requirements would kick in for releases of 100 pounds or more of ammonia within a 24 hour period.

The reporting requirements under EPCRA and CERCLA are reasonable and necessary measures to protect the public health. Scientific analysis has shown that the livestock sector produces more ammonia than any other industry in the country, accounting for 73 percent of ammonia emissions each year. Respiratory ailments are among the human health problems associated with ammonia releases from Concentrated Animal Feeding Operations (CAFOs). Ammonia can harm cilia in the respiratory system, narrow airways, inflame mucous membranes, and impair the ability to clear particulate matter from the airways.

The poultry industry’s significant contribution to this ammonia pollution comes almost exclusively from CAFOs, large-scale facilities that may house tens or even hundreds of thousands of birds. These massive operations accumulate large quantities of excrement in a concentrated area and, when not properly managed, can pose a significant risk to the public health. For example, one concentrated egg-producing facility in Ohio released 800 tons—or 1,600,000 pounds—of ammonia into the air in one year. This amount and the amount of ammonia released by similar operations are comparable to or greater than the ammonia emissions of some of the nation’s largest factories. Poultry farms therefore should not be exempted from reporting requirements that apply to other industries.

UCS thanks EPA for its thoughtful consideration of these comments.

Susan Prolman, J.D.
Washington Representative
Food and Environment Program
Union of Concerned Scientists