Federal Government wants dairy farmers to develop spill prevention plan

HESPERIA, Mich. (WZZM) - Most people wouldn't think of milk as a hazardous material, but the federal government does and it could mean changes for local farmers.

The Environmental Protection Agency has classified milk as oil, making it subject to regulation.

Farmers like Frank Konkel, co-owner of Silver Sky Dairy in Hesperia, say it doesn't make any sense. Konkel says they already have too much regulation. "It's an expense dairy can't afford. We are hanging on by the skin of our teeth, every day," he says.

Konkel runs one of the smaller dairy farms in West Michigan. He loves what he does, but is frustrated with the latest ruling by the EPA. "I don't know if someone in Washington, when they wrote up these rules, had actually been to a dairy farm or not," says Konkel.

The EPA classified milk as oil, making it a hazardous material. "As it is heated, it turns into oil, the fat in milk can be turned into oil," Konkel says.

Dairy farmers would be required to develop a spill prevention plan. "Pertinent to what happened in the Gulf (of Mexico), at a catastrophic level, this doesn't even stack up," says Konkel

Konkel still doesn't know exactly what a spill plan would include, but he knows that it won't be cheap. "You could be into $10,000-$12,000 if you had to have an environmental engineer come out and draw up a plan," he says.

Konkel says the possibility of a spill is slim to none. He says his 5,000 gallon containment tank is stainless steel and has dual walls.

There is always the possibility of dumping some of the milk down the drain.  But large amounts, aren't likely. Konkel says when you're making a living off selling milk; there is no reason to waste it.

Michigan legislators have also spoken out against the regulations. Michigan already has rules in place for anyone who would discharge large amounts of milk into the ground.

This week, Konkel and some other farmers testified in front of the Senate Agriculture and Bioeconomy Committee. The panel ended up passing a resolution urging the EPA to take back the regulation.