Multistate Alliance Backing the EPA's Proposed Regulation to Minimize Water Contamination from Meat and Poultry Processing Plants

After two decades, the EPA is finally taking action to update the standards for the MPP industry. These new regulations aim to minimize the amount of nutrient pollutants entering our surface waters by imposing stricter nitrogen limits and regulating phosphorus from select MPP facilities.

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Six attorneys general from Wisconsin, Maryland, New Jersey, New York, Oregon, and California have come together to form a powerful coalition. They have submitted a comment letter in support of the U.S. Environmental Protection Agency's proposed Rule. This rule aims to update the effluent limitations guidelines and standards for meat and poultry products under the Clean Water Act. Specifically, it focuses on the wastewater generated by facilities involved in the production of these products. The attorneys general believe that these revisions are necessary to ensure the protection of our environment and promote sustainable practices within the industry.

After two decades, the EPA is finally taking action to update the standards for the MPP industry. These new regulations aim to minimize the amount of nutrient pollutants entering our surface waters by imposing stricter nitrogen limits and regulating phosphorus from select MPP facilities.

The comment letter expresses their overall support for the rule while urging the EPA to implement even stronger standards that encompass a wider range of facilities. They emphasize the importance of safeguarding water resources and protecting environmental justice communities. Additionally, the attorneys call upon the EPA to allocate funding to help facilities comply with these more stringent standards.

“For too long, our nation’s waters have been severely polluted and have posed significant health risks to communities across this country, particularly those of color,” said Attorney General Bonta. “That’s why, I, alongside other attorneys general submitting this letter, support the EPA’s Rule, which reduces some water pollution from meat and poultry processing facilities, but strongly urge EPA to go farther and adopt the most protective option it proposed, along with federal funding to support compliance. By prioritizing environmental justice and taking action to protect the health and well-being of all residents, we can create a more equitable and sustainable future for generations to come.”

According to the press release, MPP facilities release significant amounts of nitrogen and phosphorous into wastewater from various sources such as animal tissue, manure, cleaning agents, and more. Among all industrial sectors regulated by the CWA, the MPP industry is responsible for discharging the highest levels of phosphorous and the second-highest levels of nitrogen. This wastewater is laden with harmful pollutants that can negatively affect water bodies and strain publicly owned wastewater treatment facilities, particularly impacting communities of color.

EPA’s Rule Summary:

Within the proposed rule, there are three different options to consider. The EPA's favored choice aims to set stricter limits on nitrogen discharge for existing direct dischargers. Additionally, it introduces limitations on phosphorus discharge for the first time. This preferred option also includes the implementation of pretreatment standards for oil and grease, total suspended solids, and biochemical oxygen demand, which have not been established before. If adopted, this regulatory option would impact around 850 out of the 5,000 MPP facilities across the country.

The EPA is seeking feedback on two new options outlined in the proposal, which aim to impose effluent limitations on both direct and indirect dischargers. These options also introduce pretreatment standards for nitrogen and phosphorus in certain indirect discharging facilities within the preferred option.

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Moreover, the EPA is also seeking input on a requirement for the separation and proper handling of high-salt waste streams at specific facilities, along with the inclusion of E. coli bacteria as a regulated parameter for direct dischargers.

According to the EPA's estimates, the implementation of the proposed rule could lead to a reduction of around 100 million pounds of pollutants discharged annually through wastewater from MPP facilities. These rules would apply to around 850 out of 5,000 producers, a significant step towards protecting our waterways and the environment.

(Bloomberg Law) Meat producers, argue the suggested standards will be a burdensome task. The EPA's favored approach for these guidelines would mandate slaughterhouses to adopt the agency's "best available technology economically achievable" standard in order to regulate harmful discharges from meat processing plants into water bodies

“I think the agency’s proposal to apply the new limits to the largest processors to ensure diversity and availability of small processors within the food supply chain reflects a good all-of-government policy,” said Anna Wildeman, counsel at Troutman Pepper Hamilton Sanders LLP and a former official in the EPA’s Office of Water during the Trump administration.

“Slaughterhouse pollution takes a huge toll on America’s rivers,” said John Rumpler, senior clean water director for Environment America Research & Policy Center. “We reject the idea that dead fish, toxic algae or contaminated drinking water are prices worth paying for a slightly cheaper chicken nugget. We call on the EPA to adopt a final rule that maximizes our chances for cleaner water across the nation — with rivers, lakes and streams that are safer for recreation, wildlife and our drinking water.”

Producers are against this standard as they believe the associated costs could force certain meat processors to shut down while causing others to increase prices, as stated by Ethan Ware, a skilled attorney at Williams Mullen in Columbia, S.C., specializes in providing legal counsel to clients in the food industry.

Installing the best available technology means “to spend whatever cost is necessary to meet the effluent limits regardless of the benefits to water quality,” Ware said. “So you have a scenario where the costs being spent are being driven by whatever is possible in engineering, not what is best for the environment.”

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