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Missouri Agribusiness Association Annual Conference<br />

Holiday Inn Executive Center<br />

December 18, 2013<br />

Karl Brooks, EPA Regional Administrator<br />

Thank you, Steve. I really appreciate your invitation to participate in<br />

this year’s MO-AG conference. It is my understanding that I might be the<br />

first regional administrator who has keynoted your conference. It is indeed<br />

an honor.<br />

I also look forward to hearing from Lara Moody with the Fertilizer<br />

Institute, who is providing national leadership on the 4R program: the<br />

industry’s <strong>nutrient</strong> <strong>reduction</strong> program. EPA values MO-AG’s endorsement<br />

of this program. Daren Coppock with the Ag Retailers Association will also<br />

share <strong>chemical</strong> <strong>safety</strong> and <strong>nutrient</strong> <strong>reduction</strong> <strong>initiatives</strong> by ag retailers<br />

throughout our country. Hopefully, our remarks will generate some<br />

questions and discussion.<br />

My talk has two main themes: First, <strong>chemical</strong> <strong>safety</strong> and <strong>chemical</strong><br />

emergency planning and response in the wake of the tragic incident at the<br />

fertilizer plant in West, Texas. And second, EPA’s effort to craft <strong>nutrient</strong><br />

<strong>reduction</strong> strategies with Missouri and some very promising work in Iowa.<br />

1


All of us share an obligation to our children, families and communities<br />

-- to handle, store and transport the <strong>chemical</strong>s used to raise our food<br />

responsibly. Many federal and state agencies partner with your members<br />

to safely handle fertilizers, such as anhydrous ammonia and ammonium<br />

nitrate.<br />

And when something goes wrong, and we have a <strong>chemical</strong> release,<br />

we need to minimize the damage to workers, communities, the<br />

environment and property. EPA plays a vital role in meeting this obligation.<br />

One of the goals within EPA’s Strategic Plan is: Ensuring the Safety<br />

of Chemicals and Pollution Prevention and MO-AG is helping us meet the<br />

goals within the plan. At the HQ level and Region 7, we have a longstanding<br />

working relationship with the National Ag Retailers Association,<br />

the Fertilizer Institute (TFI), ASMARK, and our state agribusiness<br />

associations.<br />

EPA is also working with TFI and ASMARK to make “myRMP”<br />

<strong>chemical</strong> information more user-friendly. As you probably know, this web<br />

information tool went up in 2007 and is available to the public. Our Region<br />

7 staff contributed to these improvements, particularly George Hess, who is<br />

in the audience today. George and some of our HQ folks met with TFI and<br />

ASMARK staff this summer. They developed a more interactive process<br />

and upgraded the software. These efforts will help to streamline the<br />

process of reporting information to EPA.<br />

2


As you know, 15 people died and 160 were injured in West, Texas<br />

last April. Following this tragic incident, President Obama signed an<br />

executive order directing federal agencies to streamline information<br />

sharing, modernize regulations and establish a federal working group to<br />

improve coordination between government agencies on <strong>chemical</strong> security.<br />

EPA’s responsibilities under this executive order include increasing<br />

coordination between first responders and agriculture retailers. Our aim is<br />

agency seeks to enhance access to facility and <strong>chemical</strong> storage<br />

information among first responders.<br />

EPA, OSHA and ATF developed a <strong>chemical</strong> advisory after the West<br />

incident. It is too soon to say if new <strong>chemical</strong>s such as ammonium nitrate<br />

will be added to EPA’s list of regulated <strong>chemical</strong>s under the RMP.<br />

We are holding listening sessions throughout the country, aimed at<br />

identifying measures to protect the public from <strong>chemical</strong> incidents. ARA<br />

and TFI have participated. EPA will keep MO-AG informed of these<br />

sessions and webinars. Be sure to check future MO-AG newsletters for<br />

more information. You can provide comments about <strong>chemical</strong> <strong>safety</strong> and<br />

measures to protect the public by emailing eo.<strong>chemical</strong>@hq.dhs.gov<br />

Some of the take-away messages from the listening sessions include<br />

the need to enhance communication between local first responders and ag<br />

3


etailers, increased access to fertilizer data, and consideration of alternative<br />

building designs for the storage of ammonium nitrate.<br />

Facilities, such as the one in West, Texas are required to compile a<br />

Tier II report or hazardous <strong>chemical</strong> inventory report, March 1 st of each<br />

year. It has been required by the Emergency Planning and Community<br />

Right to Know Act since 1986. If you blend or mix fertilizers, you need to<br />

report the hazardous ingredients. This report is then available to local fire<br />

departments, Local Emergency Planning Committees and State<br />

Emergency Response Commissions annually. Knowledge about the<br />

<strong>chemical</strong>s stored is key to protecting the public. Local fire fighters and<br />

emergency responders need to know what <strong>chemical</strong>s are stored at Ag retail<br />

facilities.<br />

How do we tackle this mission of ensuring <strong>chemical</strong> <strong>safety</strong> in the<br />

Heartland? We integrate accident prevention and emergency planning with<br />

preparedness outreach programs. Here are a few examples:<br />

Region 7 partnered with MO-AG President Steve Taylor by asking<br />

him to deliver a presentation at the Regional emergency response<br />

semi-annual conference. Steve offered MOAG’s perspectives on<br />

future steps to reduce the risk of a tragic incident, like the one in<br />

West, Texas. He also is in an EPA video highlighting the need to<br />

enhance communications with emergency responders, which is being<br />

shown at our booth and is now on Region 7’s Facebook page at<br />

www.facebook.com/eparegion7<br />

4


Recently, EPA joined MO-AG, the Missouri Emergency Response<br />

Commission (MERC), OSHA and others in presenting workshops in<br />

Chillicothe, Warrensburg, and Springfield for fertilizer dealers. The<br />

goal is to educate fertilizer dealers about the laws to which they might<br />

be subject and to refresh their knowledge of safe <strong>chemical</strong> handling<br />

and storage.<br />

EPA contributes regulatory updates to MO-AG’s newsletter, which is<br />

an excellent source of information for you.<br />

Last month, EPA’s Ag Counselor Sarah Bittleman spoke at the<br />

Kansas Agribusiness Expo in Wichita. And this fall, I also met with<br />

Kansas agri-businessmen at the Kansas State Fair to discuss the<br />

need for better federal agency coordination.<br />

EPA met with the Fertilizer Institute and National Grain and Feed<br />

Association staff at the National Association of Farm Broadcasting<br />

Convention in Kansas City in November.<br />

And Region 7 regularly updates all four State Emergency Response<br />

Commissions on <strong>chemical</strong> <strong>safety</strong>, regulation changes and<br />

developments in Emergency Planning and Community Right-to-Know<br />

Act (EPCRA).<br />

Our HQ office has tasked Region 7 to advise about the storage and<br />

use of ammonium nitrate. EPA is redoubling discussions with agribusiness<br />

associations and media outlets to promote the safe storage and handling of<br />

this <strong>chemical</strong>.<br />

5


We operate a 24/7 spill phone to coordinate <strong>chemical</strong> accident<br />

response efforts within Region 7. EPA responders monitor the calls and<br />

coordinate with state and local response organizations to determine<br />

whether a response action is needed, and who will take the lead.<br />

When the response is beyond the capability of the local or state<br />

agencies, EPA can lead and manage the response action.<br />

A great example of response partnership occurred recently in the KC<br />

metro area. This summer, a tanker truck carrying hazardous <strong>chemical</strong>s<br />

crashed and caught on fire on I-70 just east of downtown KC, closing the<br />

highway in both directions for more than 20 hours.<br />

EPA, the KC Fire Department, Missouri Department of Natural<br />

Resources, Missouri DOT, and the trucking company worked to safely<br />

remove the hazardous liquids from the compromised tanks, clean up spilled<br />

material, conduct air monitoring around the incident, and keep media and<br />

the public informed throughout the response.<br />

NOW LET ME TURN FROM SAFETY TO ANOTHER EPA<br />

PRIORITY: S<strong>US</strong>TAINING THE HEALTH AND PRODUCTIVITY OF OUR<br />

HEARTLAND WATERS<br />

Ongoing efforts in the Midwest to reduce <strong>nutrient</strong>s benefit from MO-<br />

AG’s advocacy on behalf of the “4R Program”: the right fertilizer, at the right<br />

rate, at the right time and the right place.<br />

6


Nutrient pollution is one of America's most widespread, costly and<br />

challenging environmental problems, and is caused by excess nitrogen and<br />

phosphorus in the water and air. In excess, <strong>nutrient</strong>s have impacted many<br />

streams, rivers, lakes, and coastal waters for the past several decades,<br />

resulting in serious environmental and human health issues, and impacting<br />

the economy.<br />

More than 100,000 miles of rivers and streams, close to 2.5 million<br />

acres of lakes, reservoirs and ponds, and more than 800 square miles of<br />

bays and estuaries in the United States have poor water quality because of<br />

nitrogen and phosphorus pollution.<br />

The people of Missouri know best what land management practices<br />

will reduce <strong>nutrient</strong> loading in waters while maintaining a vital agriculture<br />

economy. EPA has not mandated specific strategies or solutions.<br />

Instead this agency continues to encourage Missouri to craft a<br />

<strong>nutrient</strong> <strong>reduction</strong> strategy.<br />

EPA and MO-AG are committed to research and innovation in the<br />

area of <strong>nutrient</strong> stewardship; both acknowledge that properly managed<br />

fertilizer applications provide for cropping systems that yield vital economic,<br />

social and environmental benefits; and both realize that poorly managed<br />

<strong>nutrient</strong> applications reduce profitability, increase <strong>nutrient</strong> losses, and<br />

degrade environmental quality.<br />

7


EPA realizes that states need room to innovate and to respond to<br />

large-scale water quality issues and that a one-size-fits-all solution to<br />

<strong>nutrient</strong> pollution is neither desirable nor necessary. Nevertheless, the<br />

agency’s experience has shown that essentially all <strong>nutrient</strong> <strong>reduction</strong><br />

programs should contain certain key elements.<br />

In particular, watersheds in each state should be prioritized with<br />

respect to <strong>nutrient</strong> <strong>reduction</strong> efforts, load-<strong>reduction</strong> goals should be<br />

established for high priority watersheds based on available water quality<br />

information, and <strong>nutrient</strong> loads in such watersheds should be reduced<br />

through a combination of permit limits for point-sources and best<br />

management practices for nonpoint sources.<br />

In Missouri, the DNR is charged with protecting and managing the<br />

state’s water resources. The department currently is developing a formal<br />

strategy for reducing nitrogen and phosphorus loadings to the state’s<br />

streams, lakes and aquifers and to downstream waters such as the Gulf of<br />

Mexico.<br />

To date, a total of 122 individuals representing 45 organizations and<br />

agencies have participated in a series of <strong>nutrient</strong>-related committee<br />

meetings, workgroup meetings, and other associated activities. Agriculture<br />

organizations participating in this process have included the Missouri Pork<br />

Association, <strong>Environmental</strong> Resources Coalition, Missouri Corn Growers<br />

Association, Missouri Farm Bureau and, of course, MO-AG.<br />

8


The willing involvement of these and other stakeholders has given the<br />

MDNR access to an enormous range of outside expertise and should<br />

ensure that Missouri’s final <strong>nutrient</strong> <strong>reduction</strong> strategy is appropriately<br />

tailored to the needs of the state.<br />

The strategy is scheduled for completion in the spring of 2015, and<br />

MDNR has indicated that it will test the strategy’s assumptions and<br />

recommendations in a few pilot watersheds and make any needed<br />

adjustments before applying them in a more widespread manner.<br />

Additionally, with financial assistance from EPA, Missouri has hired<br />

temporary staff and an outside consulting firm to (1) compile and evaluate<br />

appropriate background articles and reference documents bearing on the<br />

effectiveness and affordability of individual BMPs and (2) develop a <strong>nutrient</strong><br />

loading potential database needed for identifying watersheds in the state<br />

with the highest loading potential.<br />

MDNR also has developed a new <strong>nutrient</strong> <strong>reduction</strong> website in an<br />

effort to further inform the public and to enhance the overall transparency of<br />

the <strong>nutrient</strong> strategy development process. EPA Region 7 continues to<br />

work closely with MDNR, other agencies, and interested stakeholders on<br />

the development of the state’s <strong>nutrient</strong> <strong>reduction</strong> strategy.<br />

My staff and I look forward to the finalization of the strategy and to the<br />

water quality improvements ultimately stemming from this important<br />

initiative.<br />

9


EPA recognizes MO-AG as an important partner in the national effort<br />

to improve surface water and groundwater quality.<br />

In Iowa, Region 7 of EPA is working with Iowa State University,<br />

agricultural producers, IDALS, IDNR and environmental organizations to<br />

tackle <strong>nutrient</strong> pollution. Iowa recently finalized a plan to reduce <strong>nutrient</strong>s<br />

into Iowa waters.<br />

Similar progress would make a powerful measurable commitment to<br />

cut <strong>nutrient</strong> pollution in the two greatest watersheds in North America.<br />

In closing, I encourage you to explore opportunities to learn from<br />

each other at this conference. Again, thank you for inviting me to attend.<br />

10

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