Talk Business

Gov. Hutchinson: Not ‘right time’ to transfer control of state’s animal waste program from ADEQ

by Wesley Brown (wesbrocomm@gmail.com)

Gov. Asa Hutchinson told reporters on Monday (March 25) that he does not a support a controversial proposal approved by the Arkansas Senate last week that will transfer oversight of liquid animal waste from the state Department of Environmental Quality (ADEQ) to the state Natural Resources Commission by 2021.

During an hourlong pen-and-pad media availability at his State Capitol office, Hutchinson said his staff had over “200 contacts” opposing SB 550 by Sen. Gary Stubblefield, R-Branch, that was approved last week by the Senate by a vote of 25-5 following lively debate on the chamber floor.

“I do believe it is not the right time for it,” said Hutchinson, noting that he would prefer that the sponsor pull down the bill as his administration seeks to push through his 2,500-page transformation package that would create a new Department of Energy and Environment.

“I know that the motivation behind the sponsors is that this will lead to some efficiencies,” said the governor. “But I look at it from the standpoint of that transformation is important and right in the middle of (legislation) is not the time for making dramatic changes in our rule-making process for large-scale animal feeding operations.”

Later in the press conference, during a question-and-answer period with reporters, Hutchinson said part of his reasoning for requesting SB 550 be deferred was a letter sent to ADEQ Director Becky Keogh from the Anne Idsal, regional administrator at the federal Environmental Protection Agency’s office in Dallas.

In that letter, Idsal said if SB 550 were adopted into state law, the EPA would review the legislation to see if the Arkansas Natural Resources Commission would possess adequate authority to issue permits in compliance with the requirements of the Clean Water Act.

“Based on our initial review, SB 550 merits further evaluation to determine its effect on (EPA’s) National Pollutant Discharge Elimination System program permitting and enforcement in (Arkansas) and to consider potential issues related to transferring authorities to another department in the state,” Idsal wrote in the March 20 communication to Keogh.

Under EPA rules, states are required to keep the EPA informed of major program revisions to clean air and water rules, including transfers of state oversight from one state agency to another. If revisions are made, those plans must be submitted to EPA for approval along with other supporting documents, including a modified program description and a statement from the state attorney general.

“Specifically, SB 550 may implicate federal requirements addressing discharges from concentrated animal feeding operations into waters of the U.S., including permitting and public notice requirements, as well as requirements for unpermitted operations,” said the EPA administrator.

Hutchinson said after receiving that letter from the EPA, there was a concern in the administration that if the state’s animal waste program was removed from ADEQ, then the Trump administration would come in and take it over.

“For a number of reasons, I would urge the legislature to postpone consideration of this,” said Hutchinson. “The EPA indicated that a change would raise questions and may jeopardize our independence and authority to regulate these large-scale animal feeding operations.”

During the Senate debate on SB 550 on March 19, Sen. Will Bond, D-Little Rock, told Stubblefield that Arkansas needs to protect its pristine rivers, streams and water sources through more stringent environmental rules, not weaker ones. “Let’s keep the state the Natural State,” said the Little Rock senator.

Stubblefield told Talk Business & Politics last week that he had seen a copy of the EPA letter to state environmental officials but would not comment on if he plans to pull down his bill. SB 550 now sits in the House Agriculture, Forestry, and Economic Development Committee with no scheduled date for a hearing.

Stubblefield said after the Senate convened on Monday that he had talked with the governor concerning SB 550. He said he proposed amending the bill to include a provision that if the state Natural Resources Commission rules conflict with current ADEQ regulations, then his legislation would be “null and void.”

Hutchinson also said he was further concerned by the fact that the EPA letter came under the watch of the Trump administration, which has repealed and loosened review of water and clean air regulations implemented by the previous administration.

“This is not the administration of President (Barack) Obama. This is the administration of President (Donald) Trump,” he said. “President Trump’s EPA is the one that sent that letter.”