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VOLUME XVI, NO. 10 |
TEXAS DAIRY REVIEW |
OCTOBER 2007 |
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Family celebrates first renewal permit TCEQ permits: Who is the ultimate power? Texas Ag Expo Welcomes Exhibitors & Visitors |
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Family celebrates first renewal permit |
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Deborah Oldengarm was literally stepping on cloud nine when she reached into her mailbox on August 22 and found her CAFO permit renewal from the Texas Commission on Environmental Quality (TCEQ). In spite of the City of Waco’s underhanded attempts to interfere with the Oldengarm’s dairy permitting process, a celebration seems in order for the first Bosque River watershed dairy to receive a permit renewal.
‘‘We’re very happy to get it and especially to be the first ones,’’ Deborah said. ‘‘It’s been a long time coming.’’ Alliance Holsteins was previously Triple Dutch Dairy owned by Paul Van Leeuwen, Deborah’s father. Deborah and her family took over operation of the dairy two years ago. She said her father was equally happy to hear the good news. The permit was issued after the City of Waco withdrew a 23-page comment letter against the dairy that clearly violated part of a lawsuit settlement reached in 2004. Triple Dutch Dairy was one of six Bosque River dairies that had remained in a lawsuit filed by the City of Waco that claimed the dairies were polluting Lake Waco. One of the major conditions of the binding lawsuit agreement was that Waco was not to oppose or interfere with the permit applications pending before the TCEQ on the six dairies involved.
Deborah said the entire ordeal was so nerve wracking, she held her breath until the permit was in her hands and finalized. ‘‘We felt like we had been wrongly accused, just like the Duke La Crosse players.’’ Deborah and Pete, along with their four children and one hired hand, have maintained the dairy, never knowing from one day to the next what would happen with their permit. ‘‘It hasn’t been easy, worrying about Waco,’’ she said. ‘‘I think their intent has been to stand in the way of all the permits. It’s been very frustrating and very expensive to hire lawyers to take care of this.’’ During the permit waiting period, the Oldengarms were concerned about not being able to move forward on the expansion of their lagoon. ‘‘The worst thing,’’ Deborah said, ‘‘was that Waco had such control over whether we got our permit or not. I spent many sleepless nights worrying and wondering what Waco’s next move would be. ‘‘The entire Waco issue is not about pollution anymore. It’s a political game. It’s a sad business, especially when the watershed has improved so much. Waco has slandered and harassed our dairy and the others, misrepresenting all of us.’’ Deborah said first and foremost, Alliance Holsteins is a family operation. ‘‘I guess they don’t understand that or just don’t care that this is our life.’’ Since the Odengarms took over the dairy, Deborah made it a point to attend every meeting she could to learn as much as possible about the TCEQ regulations and permit requirements. ‘‘I really care about what happens. It’s my children’s future and I want them to be able to dairy here for as long as they want. We’ve invested our lives and life’s savings in this dairy and hopefully, when we get old, it will take care of us.’’ The Oldengarm children, ranging from ages 15 to 23 years old, are very committed to the dairy, Deborah said. ‘‘Although our oldest son is a paramedic in Ft. Worth, he comes back and helps us on the weekends.’’ The new permit rules are now in effect for the Oldengarm’s dairy operation. The rules are more stringent than the old ones and new requirements must be met. ‘‘I’ve told the TCEQ I want to be a good example and I want to do everything right on this new permit,’’ she said. Deborah and Pete feel the dairy industry must band together if the permitting problem is ever to be resolved. ‘‘We’re all in jeopardy and we have to stick together.’’ Bosque River dairies have been through a series of disappointments and frustration trying to get permit renewals approved by the TCEQ. The City of Waco and the Sierra Club have continuously filed comment letters against the dairies to impede the permitting process. Although new and more stringent rules that Waco helped to write a few years ago will go into effect when a new permit renewal is issued, Waco has repeatedly stopped the process by filing insignificant complaints, ultimately defeating the overall intent of the new regulations. Prior to the Oldengarm’s situation, Waco had breached the lawsuit agreement on another dairy when they filed an 18-page objection letter against Scenic Ridge Dairy, also one of the six dairies in the lawsuit. After a heated courtroom battle before Judge Manske between Bradbury, representing Scenic Ridge, and City of Waco attorneys, Waco was forced to also withdraw their comments on that case. |
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TCEQ permits: Who is the ultimate power? |
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It’s a very haunting and scary thought to realize the Texas Commission on Environmental Quality (TCEQ) holds the livelihoods of CAFO producers right in the palm of their hands. Although the City of Waco and the Sierra Club are the culprits who have managed thus far to delay the permitting process by filing comments to the TCEQ, when it all boils down to it---it is ultimately the decision of the TCEQ, not these other entities, as to who gets a permit renewal. As a state regulatory agency with appointed commissioners, the TCEQ is dedicated to serving the public and by law must consider public comments and make decisions whether to investigate comments further. All the bellyaching in the world by producers about how unfair this is doesn’t matter. The TCEQ is bound and determined to carry out this part of their job, as evidenced in the Willy DeJong and Jewel Alt cases, when comments were filed against these dairies that has resulted in contested case hearings for both. The TCEQ’s main objective at this point in the permitting process is to find errors either in paperwork or through their inspections. When the day ends, their job stops. Whatever case they’re working on most likely falls to the wayside and the process ceases until the next day when it starts all over again. Unlike dairymen, the TCEQ doesn’t live their jobs in a 24-7 work environment. One thing remains supreme about the whole situation. No matter what anyone thinks about the TCEQ’s ability to perform their tasks, the agency ranks as ‘‘Top Dog,’’ ‘‘THE Powerhouse,’’ ‘‘THE authority,’’ that dairies must answer to. Unfortunately, this supreme agency doesn’t answer to anyone because there is no one else---unless it’s the Texas legislature. Simply said, they have the divine right to make you, break you and determine your future. The permitting process has been frustrating, financially strapping, and emotionally draining for producers. But, that doesn’t make much difference to the TCEQ. They are not emotionally or personally bound. They don’t have to personally know one dairy producer from another because they are not required to. They don’t have to care whether you get your permit or not. All they are concerned about is if a permit is technically correct and meets compliance regulations, no matter who you are. So, if anyone thinks it’s ‘‘up close and personal’’ with the TCEQ, they are wrong. Strip all the emotions from the situation and producers should be concerned about one thing: Is your dairy and permit application in tip-top order and as near to perfect as it can be? Most recently, a meeting was held to make producers aware the TCEQ has cracked down and is making decisions to return dairy permit applications to some Bosque River watershed dairy producers for technical deficiencies, such as in the Jack Parks case. This incident should have especially served as a ‘‘wake up call’’ to all Bosque River dairies when Parks, a longtime industry leader, is considered an icon in Erath County dairy history. If you think it can’t happen to you, think again. The consequences of a returned permit is very serious business and could result in reducing a herd to below 200 head which is devastating to a dairy CAFO. This point was emphasized strongly with suggestions on what a producer can do to make sure this doesn’t happen to him. Dairy producers were warned, urged and encouraged to carefully study their own permit application, to know the status of their application, and to take a keen look at what their consultant is doing. With the current proceedings going on by TCEQ staff, this is a time for scrutinizing your own dairy permit application and your consultant’s work on your permit. Producers should make a special effort to know what their consultant is doing and not expect him to take care of everything concerning a permit application. When and if a permit application is rejected, it is the dairyman who suffers. Mistakes can be made but it is the ultimate responsibility of the dairyman to make sure they are not. A hired consultant is a go-between the dairy and government agencies but when he gets the book out to interpret the rules or is required to file papers on time, the producer should be standing over his shoulder. It was recommended also that producers keep in timely contact with TCEQ staff in Austin to ask questions about their permit and to work carefully with the agency. For your convenience, the following is a list of technical providers: Gary Askins, San Angelo, 325-835-7068; John Ed Brothers, Cleburne, 800-657-9031; Collier Consulting, Stephenville, 254-968-8721; Mitch Davision, Dallas, 972-960-4437; Easterling Consultants, DeSoto, 214-924-7386; EnviroAg Engineering, Dublin, 254-445-2200; Virgil Helm, DeSoto, 972-230-4481; Craig Hoelscher, Lubbock, 806-897-2619; Earl Hogan, Weatherford, 817-594-8275; Jerry Holligan, Burnet, 512-355-2471; Jerry Lee, Dublin, 254-445-0213; A.C. Lowther, Dublin, 254-445-4121; Don Peterson, West Des Moines, IA., 515-323-2225; Joe Mike Stewart, De Leon, 254-893-6542; Validus Services, 515-278-8002; Des Moines, IA., Jim Wyrick, Sulphur Springs, 903-885-0226. Up close and personal: Pushing paper, Who has the power? |
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Texas Ag Expo Welcomes Exhibitors & Visitors By Sherry Webb |
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The 17th Annual 2007 Texas Ag Expo welcomes exhibitors and visitors to the show on Oct. 24 and 25, at Lone Star Arena, Hwy. 377, Stephenville, Texas. Held in conjunction with Texas Ag Expo is the Annual Ag Expo Golf Tournament, prior to the show on Tues., Oct. 23, at Legends Golf Course. The golf event is a foursome scramble, $75 greens fees, includes lunch and cart. If you’re a golfer, be there at 9 a.m., tee time. Texas Ag Expo, sponsored by TriCounty Agribusiness Association (TCAA), showcases agricultural and wildlife product and service dealers including equipment, feed, animal nutrition, financial services and much more. An antique tractor show is on both days. A chili cookoff has been added to this year’s scheduled events, set for Thurs., Oct 25. The cookoff is available through Chili Appreciation Society International, Inc. (CASI). Setup is at 10 a.m. and entry fee is $20 with proceeds to benefit ag education in the tri county area. Judging will be at 2 p.m. Exhibitor’s booths are open from 10 a.m. to 6 p.m. on Wednesday, and 10 a.m. to 5 p.m. on Thursday. Admission to the show is $1 with proceeds benefiting youth agriculture scholarships. Attendees should also remember to register for prizes. Dairy producers are reminded that two different seminars at the show will offer 1 DOPA credit each. Wednesday, beginning at 11 a.m., Jim Jensen, Environmental Credit Corp., will conduct a seminar on carbon credits One DOPA credit is offered to dairy producers. At noon on Wednesday, area financial institutions will sponsor an Ag Appreciation Barbecue luncheon. At 1:30 p.m., a seminar on TCEQ permit updates will be held, offering One DOPA credit to producers. At 2:30 p.m., the Parade of Horses (arena 2) will take place followed by a clinic conducted on horse training by Scot Jackson, Jackson Horse Services, (arena 2). At 5 p.m., a seminar will be held by Scott Roebuck, Deerchannel.com., on white tailed deer in the 21st century. Exhibits close at 6 p.m. Thursday’s events begin at 9:30 a.m. with an Ag Appreciation Breakfast sponsored by Erath County Farm Bureau Insurance. At 10:30 a.m., a seminar on Pasture Forage Rainfall Index will be given by Bryce Myrick, followed by an Ag Appreciation Chili Luncheon, sponsored by the Chamber of Commerce. At 2 p.m., the Chili Cook-off judging will be held, followed by at seminar at 4 p.m. on ‘‘Deer Hunting: It’s not just for men!’’ held by Sam Upshaw of Star Arms. Exhibits close at 5 p.m. Major event sponsors include local radio stations, KSTV, KYOX, and KCOM. VIP sponsors are Dairy Max, Erath County Farm Bureau, HEB, and Southwest Dairy Farmers. For more information visit www.texasagexpo.com or call 254-965-2406. |
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Extension offers DOPA training |
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Texas Cooperative Extension will sponsor a dairy environmental stewardship training on Oct. 30, at the Southwest Dairy Museum in Sulphur Springs, TX. Dairy producers in the eight (8) counties in Central and East Texas comprising the Dairy Outreach Program Area (DOPA) must receive eight (8) hours of training in their first year of operation and an additional eight (8) hours of CEUs every two years thereafter as part of their environmental permit issued by the Texas Commission on Environmental Quality (TCEQ). Dairy producers needing four (4) hours of DOPA credits should come to the program from 9:30 a.m. to 2:45 p.m. Producers needing eight (8) hours of initial DOPA credits should come to the program from 8 a.m. to 5 p.m. At 10 a.m., Dr. Saqib Mukhtar will discuss bacterial treatment of lagoons - does it really work? Following that, Dr. Brent Auvermann will discuss airborne emissions: regulations, nuisance and greenhouse-gas equivalents. Attorney James Bradbury will wrap up the morning session informing the audience about EPA’s increased focus on dairy operators and the Clean Water Act. Lunch will be provided by the Southwest Dairy Museum for producers in attendance. After lunch, Dr. Sam Feagley will discuss the different soil sampling techniques and how they compare followed by Richard Baetz, Environmental Investigator with TCEQ, who will discuss how to prepare for and respond to a manure emergency. In addition, he will provide a checklist for the nutrient management plans (NMPs). The NMPs were due July 31, 2007. Dr. Mukhtar will finalize the program with a discussion on nutrient and energy value of manure streams: cow power to power plants. Producers that are new permit holders and need the initial 8 hours of training should come to the museum at 8 a.m. on October 30. Additional training on record keeping and land application of manure will occur from 8 to 10. From 3 to 5, maintenance of retention structures and nutrient management balance to protect the environment will be discussed to complete the 8-hour initial training requirement. For a complete schedule call the Hopkins Co. Extension office at 903-885-3443 or view it on the web at www.texasdairymatters.org. Extension programs serve people of all ages regardless of socioeconomic level, race, color, sex, religion, disability or national origin. The Texas A&M University System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas cooperating. |
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DFA meets with legislators |
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Three DFA dairy farmers met with legislators in Washington D.C. recently. Gordon McCool, Larry Hancock, and Charles Beckendorf discussed the 2007 Farm Bill, AgJOBS and other dairy issues. The three joined 45 other DFA Board Members thanking members of the U.S. House of Representatives who supported the farm bill, as well as expressing the urgency of completing a farm bill this year. McCool and his family have been in the dairy business since 1953. Along with his brother Al, McCool milks and grazes 600 Holsteins. Hancock and his family have been involved in the dairy business for 29 years. Beckendorf is a fourth generation dairy farmer and has been dairying since 1967. During their trip to Capitol Hill, McCool, Hancock and Beckendorf met with Representatives Michael McCaul (R-10th TX), Louie Gohmert (R-1st TX), Kevin Brady (R-8th TX), and Senators Kay Bailey Hutchinson (R-TX) and John Cornyn (R-TX). The Senate will be discussing the farm bill this fall. The three local dairymen stressed the importance of the measures in the 2007 Farm Bill. ‘‘As dairy farmers we need our elected officials to understand the issues that directly affect our farms. They need to know why we support the House version of the farm bill and why AgJOBS is so important to our industry,’’ they said. DFA supports key points in the 2007 Farm Bill including: Dairy Price Support, Milk Producer Security and Risk Management programs; expansions for Nutrition, Public and Animal Health, and Export Incentive and Promotion programs; improvements in conservation programs; and the addition of renewable energy provisions and a promotion assessment on imports. *Compiled from DFA release & Dario Martinez, TDR staff |
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Johanns resigns from USDA |
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Mike Johanns announced his resignation as USDA Secretary of Agriculture at a mid-Sept meeting at the White House with Pres. Bush. The former Nebraska governor who has served as Secretary for three years, expects to return to Nebraska to seek the GOP nomination for the U.S. Senate seat currently held by Sen. Chuck Hagel (R-Neb.) who will not seek reelection. Chuck Conner is current acting USDA Secretary. Bush praised Johanns’ work saying he did an ‘‘outstanding job as the Secretary of Agriculture" bringing focus and energy to the Department. ‘‘You know Mike brought with him a lot of practical farm experiece,’’ Bush said. ‘‘After all, he was the proud son of a dairy farmer. He understands the importance of the land. He worked tirelessly on behalf of farmers and ranchers.’’ Bush added Johanns worked hard to put in motion a good farm bill. Johanns said his decision to leave his post was not an easy one. ‘‘I grew up with farmers and ranchers as my childhood heroes and my mentors. Representing them in Washington has been a great privilege.’’ Johanns said as he looks forward to returning to his home state, he looks back on what has been ‘‘truly an opportunity of a lifetime; for me a dream come true for a farmer’s son.’’ He openly thanked Pres. Bush for the opportunity to serve as USDA secretary. |
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