State Denies Citizens' Petition for Hog-Odor Rule Change

by Christine Lichtenfels

Despite promises that the thousands of hogs concentrated at Wheatland's Wyoming Premium Farms' swine-feeding operations wouldn't smell, THEY STINK. In fact, in the words of a typically skeptical Wyoming Department of Environmental Quality (DEQ) administrator, it just "bowls you over."

Not surprisingly, the pervasive odor is making life unbearable for Wheatland residents, just as many had feared when the prospect of locating large hog farms in the area was first raised. Even worse, the present number of swine confined at four sites-5,000 sows producing more than 100,000 piglets-represents only one-quarter of the pig population planned by Wyoming Premium Farms at 16 sites in the Wheatland area.

Several years ago, before the hogs arrived in Wheatland, WOC worked to pass legislation and agency regulations that would protect the area's environment and its residents' quality of life. While we achieved some success in establishing laws and regulations governing confined swine-feeding operations, there were still concerns that the smell of the hogs (which by all accounts is truly a one-of-a-kind stink with proven damaging effects on people's health) was a problem the regulations did not adequately address. Now that thousands of hogs confined at Wyoming Premium Farms are producing tons of foul-smelling excrement, there is proof positive that the stink from the hog farms is overwhelming and extraordinarily offensive.

State Regs O.K. Hog Stink

Amazingly, these and other hog farms are not exceeding Wyoming's odor regulations. As the regulations currently stand, odors from any kind of activity cannot be perceptible at the property line if one part of the air from that area (the "ambient" air) is diluted with seven parts of clean air, a so-called 7:1 dilution. To test this standard, a DEQ staffer checks the area with a "scentometer" calibrated for 7:1 or 2:1 dilutions (depending on which portal is used to smell the air). The technician sniffs the air through the scentometer's 7:1 portal to see if the smell is detectable.

This past summer, DEQ tested the air near the hog farms around Wheatland on a number of occasions to see if the air exceeded either the odor standards or standards for hydrogen sulfide, a gas present in hog manure. Neither of the current standards were exceeded. So despite the reality that the smell damages air quality and disturbs people's lives, the DEQ obviously lacks the regulatory tools to tackle the problem.

Some other states, including Colorado, have odor regulations governing confined swine-feeding operations which require the odor to be undetectable at 2:1 dilutions. Earlier this summer, affected citizens in the Wheatland area submitted a petition for rulemaking to amend Wyoming's odor standards, calling for a 2:1 dilution standard for hog farms.

Citizens' Petition Fails

The Wyoming Environmental Quality Council (EQC) decided to hear the citizens' petition at its meeting in Pinedale on August 7. The issue for the EQC to decide was whether there was sufficient evidence to support the need for rulemaking to address air quality and odor problems.

I was joined by a contingent from Wheatland in testifying for regulatory change. DEQ Director Dennis Hemmer also testified in support of rulemaking, saying the hog-farm issue needed to be "aired out," and that current regulations are not adequate to deal with this obvious air-quality problem.

Appearing in opposition were Doug DeRouchey of Wyoming Premium Farms and several cattle-industry representatives. The ranchers invoked the fear of the "domino effect:" what you do to hog farms today you will do to cattle ranches tomorrow.

Much to our disbelief and dismay, especially given the DEQ's unequivocal support for a rulemaking that would give the agency a tool to address the hog-stink and air-quality problem, the EQC voted 3-2 to deny the citizens' petition. One member, Thomas Dunn, seemed determined to downplay the reality of hog farms' oppressive odor. In an attempt to discredit the validity of the proposed regulations, he repeatedly referred to the scentometer as a "little black box of witchcraft," ignoring the fact that current regulations rely on the same tool to monitor air quality.

Others voiced fears that such regulations would be applied to oil and gas operations, despite the fact that the petition was restricted to confined swine-feeding operations and had absolutely nothing to do with other industries.

In the wake of the EQC's failure to grant the citizens' petition for rulemaking, we are re-grouping and crafting our next steps. In the meantime, with significant help from Wheatland rancher and WOC board treasurer Cherry Landen, we are gathering further information regarding the effects of hog odors on people who are constantly subjected to them.