Air – Agricultural Issues in Louisiana

1. Air – Agricultural Issues in Louisiana

2. Department of Environmental Quality Authority • R.S. 2054.(5) “To adopt and promulgate regulations establishing a noxious odor and abatement program for the state of Louisiana. The odor control and abatement program authorized by this paragraph shall not apply to odors caused by agriculture … or by byproducts created by agriculture…”

3. Department of Environmental Quality Authority (continued) • R.S. 2054.B.(2)(b)-”Nothing in this law shall be deemed to grant the [DEQ] secretary any jurisdiction or authority to make any rule, regulation, or determination with respect to any of the following: • (iii) Burning of agricultural by-products in the field with the planting, harvesting, or processing of agricultural products, • (iv) Controlled burning of cotton gin agricultural wastes in connection with cotton gin operations, • (vi) Controlled burning of pastureland or marshland in connection with trapping or livestock production

4. Department of Environmental Quality Authority (continued) • R.S. 2019.1.A. “No rule, regulation, or permit fee shall be adopted, amended, or repealed which affects the agriculture industry, including both production and processing and their various operation and industries, prior to compliance with his Section.” • Liaison from the Governor’s office • Chancellor of LSU must be informed • Appropriate research • No rule, regulation or permit fee may be adopted, amended, or repealed which affects the agriculture industry unless accompanied by statements of official’s opinions

5. Master Farmer Program Three components: Environmental Stewardship, Agricultural Production, and Farm Management/Marketing. http://www.lsuagcenter.com/subjects/masterfarmer/about.asp

6. Louisiana Master Farmer Program (continued) • Environmental Stewardship • Predominantly water quality and • land conservation

7. CAFOs • Not an issue today • Could be a future issue if the number of CAFOs in Louisiana gets larger • Or if the CAFOs get larger • Regulated through the Department of Agriculture

8. Sugar Cane Field Burning • Predominantly south Louisiana problem • The sugarcane plant consists of 75 percent to 80 percent net stalks by weight, from which the sugar is crystallized from the extracted juice, and 20 percent to 25 percent leafy material including tops (trash), from which little or no sugar is produced. • Burning of sugarcane before harvest removes about 50 percent of the trash that would otherwise contribute nothing to the production of sugar. • Research data have shown that for every 1 percent of trash in harvested sugarcane, there is a reduction of about 3 pounds of sugar per gross ton of sugarcane. There is no profitable or effective way to deal with this large volume of trash by mechanical means. Until proven technology allows economically efficient harvesting without burning, it is critical that growers be allowed to burn. • Regulated through the Department of Agriculture & Forestry

9. Sugar Cane Field Burning (continued) • The Louisiana Department of Agriculture and Forestry (LDAF), the American Sugar Cane League of the U.S.A., Inc., and the LSU AgCenter developed a training curriculum titled, Louisiana Smoke Management Guidelines for Sugarcane Harvesting. • The voluntary program is called the Certified Prescribed Burn Manager (CPBM) program and is administered by the LDAF. • To date, 1,350 growers and their employees have received their notices of certification from LDAF as CPBM. • A CPBM is an individual who: 1) has successfully completed the approved certification program as outlined in the training manual and passed a written test, 2) has performed at least five prescribed burns and 3) has received a letter of certification from LDAF

10. Sugar Cane Field Burning (continued) • http://www.lsuagcenter.com/Subjects/bmp/sugarcane/index.asp • The recommended procedures in prescribed burning of sugarcane are: • Identify areas sensitive to smoke and ash. • Develop a prescribed burn plan • Obtain fire weather forecast from U.S. Weather Service • Determine smoke category day • Determine smoke and ash screening distance. • Determine direction of smoke and ash plume. • Evaluate the prescribed burn results • Knowledge of power lines and gas lines • Classification of “no-burn” fields • Training and equipment

11. Complaints • 2003 • 3 odor complaints • 2 grain dust complaints • Sugar cane burning occurs in the fall

12. Conclusion • Louisiana DEQ statutorily prohibited from engaging in most agricultural processes concerning air • Complaints have been few