As promised, the Environmental Protection Agency has issued a final rule that exempts milk and milk products from compliance with federal oil spill regulations. Milk was caught up in the rule because it contains animal fat, which under the Clean Water Act is considered a nonpetroleum oil. Under provisions of the CWA that have been in effect for more than 40 years, facilities storing more than 1,320 gallons of oil are required to create and implement plans to prepare, prevent, and respond to oil spills.
EPA acknowledged that the unintended result of the 1970 regulations placed unjustifiable burdens on dairy farmers, burdens the agency says amounted to $146 million in annual compliance costs to the U.S. dairy industry.
The agency says it is making the exemption because milk production already is subject to dairy-specific regulatory standards and requirements that will help prevent spills. However, EPA also says it still contends that milk and other milk products comprising animal fats meet both the definition of oil and of nonpetroleum oils in planning and spill prevention requirements. In addition, EPA says it disagrees with those who believe that edible fats and oils pose minimal environmental risks.
