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4 CapitalPress.com March 16, 2018 U.S. senators tout compromise on manure reports Rancher warns about ‘tremendous anger’ By DON JENKINS Capital Press A U.S. Senate commit- tee took testimony on a bill March 8 that supporters say offers a bipartisan compro- mise on reporting manure emissions. The legislation would exempt farms from a law spawned by careless han- dling of industrial waste in the 1970s. The bill, however, leaves open the possibility that producers will someday have to report the volume of gases released by livestock under a different law inspired by the 1984 chemical leak in Bopal, India, that killed up to 20,000 people. Farm groups had sought to exempt producers from both laws, commonly referred to by their acronyms, CERCLA and EPCRA. “That was unpalatable to Senate Democrats,” said Scott Yager, chief environmen- tal counsel for the National Cattlemen’s Beef Associa- tion. “Their hangup was the EPCRA piece.” The Environmental Pro- tection Agency has, under the George W. Bush, Obama and Trump administrations, sought to exclude agriculture from CERCLA and EPCRA. Photo courtesy of U.S. Senate South Dakota rancher Todd Mortenson testifies March 8 in front of the Senate Environment and Public Works Committee on a bill that would nullify a court order to report emissions from decaying manure. If Congress doesn’t intervene, the anger will be tremendous, Mortenson said. CERCLA mandates re- porting chemical leaks to fed- eral authorities, while EPCRA requires providing the same information to local and state emergency officials. The EPA asserted in 2008 that telling emergency re- sponders, federal or local, that decaying manure was releas- ing gas was a useless exercise. Environmental groups con- vinced the D.C. Circuit Court that the EPA was wrong. The CERCLA exemption for agriculture will end when the D.C. court finalizes its or- der, which could be as soon as May 1. The EPA maintains the court’s ruling didn’t apply to EPRCA, a position environ- mental groups are challeng- ing. EPA says it intends to write a rule to clarify whether EPCRA covers animal waste. The Senate Environment and Public Works Commit- tee’s top-ranking Democrat, Delaware Sen. Tom Carper, said keeping EPCRA as an option to collect information on livestock operations was critical for Democrats. “This bill seeks to strike a balance and as a result enjoys broad bipartisan support,” he said. “My hope is that that broad support can be trans- lated into prompt legislative action.” If Congress doesn’t act on CERCLA, an estimated 200,000 farms will have to report to the Coast Guard that their animals continuously release at least 100 pounds of ammonia and hydrogen sul- fide a day. The EPA says there is no standard way to calculate emissions. The agency ad- vises producers to make es- timates based on limited re- search that may or may not fit their operations. Farms that fail to comply with CERCLA could be fined or sued by cit- izens groups. Yager said that if farms must report manure emis- sions to the Coast Guard, detailed information about operations nationwide would be easily accessible to envi- ronmental groups. “If you had to choose one or other, you’d rather have EPCRA because it doesn’t create a national clearing- house,” he said. South Dakota rancher Todd Mortenson told sena- tors there is no practical way to calculate manure emis- sions from the 1,295 cattle on his 19,000-acre ranch. He said a lot of ranchers don’t know about the up- coming mandate to report. “The anger in the country will be tremendous,” he said. “They’re not going to be happy, to say the least, to be labeled polluters, when all they’re doing is the same ag- riculture that’s been going on in this country for hundreds of years. You know, grazing cattle.” The bill has 21 Repub- lican and 12 Democratic co-sponsors. “That’s a really strong signal that the bill has legs,” Yager said. Support for the bill was not unanimous. Sen. Cory Booker, D-New Jersey, agreed it would be absurd to register manure emissions from cattle on pastures, but said confined animal feeding operations are serious health hazards should have to report emissions. Booker got support from Mark Kuhn, a county super- visor in Floyd County, Iowa. Kuhn said a large hog farm in the county has caused prob- lems for neighbors. “I think (the Senate bill) is a step backward,” he said. Under CERCLA, farmers would have to report manure emissions, but there would be no requirement to reduce emissions. Yager said the disputes between farms and neighbors are unrelated to CERCLA. “That’s a zoning issue,” he said. Software update, staff cuts could nix NRCS snow maps By GEORGE PLAVEN Capital Press A combination of soft- ware upgrades and staffing constraints may come at the expense of generating daily snowpack maps at the USDA Natural Resources Conservation Service. The maps measure snow-water equivalent compared to normal in riv- er basins across the western U.S. — including Oregon, Washington, Idaho and Cal- ifornia. They have become a valuable tool for farmers and ranchers as they antic- ipate how much water will be available come summer. Snowpack is crucial be- cause it acts as a natural res- ervoir, feeding streams as it LEGAL legal-10-3-1/999 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department IN THE MATTER OF THE ESTATE OF Ann D. Vasconi, Deceased No. 18PB00331 NOTICE TO INTERESTED PERSONS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above estate. All persons having claims against the estate are required to present them to the undersigned Personal Representative in care of the undersigned attorney at: 319 Sixth Street SW, Albany, OR 97321 within four months after the date of the first publication of this notice, as stated below, or such claims may be barred. All persons whose rights may be affected by the proceedings in this estate may obtain additional infor- mation from the records of the Court, the Personal Rep- resentative, or the attorney for the Personal Represen- tative. DATED and first published March 9, 2018. Co-Personal Representatives: LISA S. CLARK P.O. Box 870265 Wasila, AK 99687 Tel: (907) 632-2905 email: lclark@denalitek.com SANDRA D. MORIN 620 West 90th Avenue Anchorage, AK 99515 Tel: (907) 382-8398 Attorney: DAVID B. BECKHAM 319 Sixth Avenue SW Albany, OR 97321 Tel: (541) 928-5555 Fax: (541) 928-5813 OSB No. 740300 melts away. However, the NRCS Na- tional Water and Climate Center is advising customers the maps might not be avail- able next year. Rashawn Tama, management and pro- gram analyst for the center in Portland, said the maps are created automatically using computer code known as scripts, which crunch the raw data into a color-coded, easy-to-read format. “They really want some- thing that’s clear, simple and easy to digest,” Tama said. “That was sort of the driving force to create these basin maps to begin with.” Those computer scripts, Tama said, could be lost after a planned software up- date is finished by the end of the year. It is not certain whether staff, which has shrunk over the last 10 years, will be able to rewrite the code. “We used to have some (information technology) contractors that supported us on the technical side,” Tama explained. “We no longer have them to rely on. We’re relying primarily on in-house expertise, and that’s somewhat limited.” Tama insisted the issue is not budgetary, but rath- er due to shifting priorities within the NRCS. “Our agency has a lot of competing interests,” he said. “Different groups need different levels of support.” Basin maps are just one tool the National Water and Climate Center provides for the Snow Survey and Water Supply Forecasting Program, though Scott Ovi- att, snow survey supervisor in Portland, said they are among the most-used. “Obviously from our per- spective, being NRCS for Oregon, we work closely with our state agency part- ners,” Oviatt said. “We un- derstand their reliance and usage of these tools. It’s great for drought interpreta- tion and water supply inter- pretation. ... It’s obviously going to have some impacts beyond the scientific com- munity.” While the actual data col- lection for snowfall will not be impacted, Tama said it may no longer be available in the same visual format. Tama emphasized there are other tools available for farmers and ranchers to plan for water supplies at the Na- tional Water and Climate Center website. Staffers are also available to help them interpret raw data. “For the time being, all I would be able to offer is for them to reach out and be- come familiar with the suite of tools we know we will be able to maintain and sup- port moving forward,” he said. The USDA has withdrawn proposed rules for how organic livestock and poultry are raised. By CAROL RYAN DUMAS Capital Press USDA on Monday an- nounced it is withdrawing the beleaguered Organic Live- stock and Poultry Practices fi- nal rule published in January 2017, citing significant policy and legal issues. The rule would have add- ed new provisions for live- stock handling and transpor- tation for slaughter, and avian living conditions in organic production. It would also have expanded existing re- quirements for livestock care and production practices. The Organic Trade As- sociation contends there is overwhelming support for the rule by the organic industry and consumers. In Septem- ber, it filed a lawsuit against USDA alleging the agency violated the Organic Food Production Act by delaying the rule’s effective date. The rule was passed in the final days of the Obama ad- ministration and was initially set to go into effect March 20, 2017. A regulatory freeze by incoming President Trump pushed implementation back to May 19, 2017. USDA delayed implemen- tation twice after that and an- nounced in December its in- tentions to withdraw the rule. In a statement Monday, the OTA said USDA’s latest announcement only furthers its resolve to settle the matter in court. “The USDA’s unconscio- nable action does not deter us. … This latest action by USDA will only invigorate and solidify more support for this regulation,” said Laura Batcha, CEO and executive director of OTA. USDA stated the rule ex- ceeds the agency’s statutory authority and could have a negative effect on voluntary participation in the National Organic Program. Conventional livestock and poultry groups have fiercely opposed the rule, cit- ing health threats to animals and the public. They have ar- LEGAL SAGE Fact #147 CHERRY AVENUE STORAGE The John Day Dam powerhouse is nearly 2,000 feet long and contains 16 generators with a total generating capacity of 2.2 million kilowatts, enough to power two cities the size of Seattle, WA. 11-1/101 USDA USDA withdraws organic livestock rule LEGAL 2680 Cherry Ave. NE Salem, OR 97301 (503) 399-7454 AUCTION SAT., MAR. 31 ST • 10 A.M. • Unit AS-15D Jamie Zepeda • Unit #33 Jamie Meza and Judie Durham • Unit #AS-38 Stephen Wellong • Unit #AS-98 Carl Priest • Unit #22 John F Oneal • Unit #79 Nicky Osborn • Unit #186 - #193 Juanita Thompson • Unit #230 Sandi Satterfield • Unit #130 Kristine Quintin • Unit #39 - #155 Linda Contreras • Unit #AS - #43 Cetina Ludwig Cherry Avenue Storage reserves the right to refuse any and all bids legal-11-2-1/999 Farmers, ranchers rely on them to predict water availability PUBLIC LIEN SALE U-STORE SELF STORAGE SAT, March 24, 2018 10AM 1st location starts at 10am. 2nd location starts at 1pm. 1st - 1501 Hawthorne Ave NE Salem, Oregon Janis & Michelle Barnes 2C19; Michael W Carter RJ02; Steve Corbett 2D41; Rebecca Fery 1D27; Leitha Hamilton 1F24; Jenell Jones 2C25; Morgan LeClair 1H03; Leah Wrea Lehman 2D14; Alexandria R Mertens 1G02; Kimberly Munz Y217; Michelle Pedersen 2E11; Dariel Phillips Y2-6; Kristy Reyes 1B08; Michelle Ryan Y4-4; Dallas Sadler 2A14; Silas Scott Y1-8; Eddie Sepeda Jr 2A40; Brian Seigmund 2A71 & 2A73; Ryen Thomson 1D22 2nd - 1668 Industrial Way SW Albany, Oregon John Barnes H055; Ruie Fields A014; Russ Kiplinger J050; Ronald N Martin Y002; Phillip L Nightser J024; Stephany Ramirez A018; Ashley Sullivan J010 legal-10-2-1/999 gued its animal-welfare stan- dards aren’t based on science and are outside the scope of the Organic Food Production Act, which they say regulates only feeding and medication practices. The rule would have cre- ated significant barriers to existing and new organic pro- ducers, according to National Pork Producers Council. National Cattlemen’s Beef Association called USDA’s decision a common-sense victory. “Not only did USDA not have the legal authority to implement (the) animal-wel- fare regulations, but the rule would have also vilified con- ventionally raised livestock without recognizing our com- mitment to raise all cattle hu- manely … ,” Kevin Kester, NCBA president, said. In comments to USDA in January, National Milk Pro- ducers Federation said a fun- damental problem with the rule is that it is driven more by economics and consumer perception rather than animal science and welfare. National Farmers Union, however, said USDA’s move will exacerbate consumer confusion about the meaning of the organic label and nega- tively impact organic produc- ers. “The voluntary practices that farmers need to meet to qualify for a USDA organic label have always been gov- erned by those that created the organic movement and who adhere to the strict stan- dards that are agreed upon by the National Organic Stan- dards Board,” Roger John- son, NFU president, said. Withdrawing the rule puts organic producers who ad- here to the strict standards on an uneven playing field with operations that skirt the rules yet benefit from USDA’s or- ganic label, he said.