Washington State Department of Ecology

News Release

FOR IMMEDIATE RELEASE - March 3, 2000

00-031

Contact: Jani Gilbert, Dept. of Ecology, 509-456-4464; pager, 509-622-1289

Ecology Dept., Save Our Summers, U.S. EPA enter mediation to resolve burning dispute

SPOKANE - The Spokane activist group Save Our Summers (SOS), the U.S. Environmental Protection Agency (EPA) and the Washington Department of Ecology (Ecology) have agreed to enter mediation in an effort to resolve a federal lawsuit and an ongoing dispute over how wheat-stubble burning is managed in Washington state.

In an agreement reached late yesterday, the groups have expressed their intention to hire a mediator before March 24. In addition, SOS and two citizen plaintiffs have agreed to table until June 30 a pending federal lawsuit against Ecology while mediation is pursued. A joint motion to "stay" court proceedings in this case was filed with Judge Richard Whaley in federal court late yesterday.

The lawsuit was filed Oct. 1, 1999, claiming that Ecology was violating the federal Americans with Disabilities Act by issuing wheat-burning permits to farmers.

"We are encouraged that we will be entering into mediation to resolve this dispute," said Mary Burg, who manages the state's air-quality program. "Mediation will be less expensive for taxpayers than litigation and affords us all a better opportunity to understand each other's interests."

The mediation agreement includes the following provisions in addition to entering mediation:

Ecology, SOS and the EPA will invite the Washington Association of Wheat Growers to participate in the mediation.
SOS will not initiate any new litigation against Ecology while mediation is under way.
During mediation, SOS will not file any formal rule-making requests with Ecology.
During the period of the stay, Ecology will oversee the permitting program in conjunction with the EPA. The EPA will appoint an individual to help Ecology and independently review selected permit applications and decisions made on permit applications.
Ecology will conduct airplane flights this spring to assess compliance with legal permitting requirements for wheat-stubble burning.

Besides helping to oversee this spring's permitting process, the EPA will contact researchers who are working on the issue of agricultural burning to assess, coordinate, and improve the existing body of data on the issue of smoke exposure and health.

According to Chuck Clarke, EPA regional administrator in Seattle, EPA's involvement will focus on the health and air-quality effects of agricultural burning from a regional perspective.

"We're committed to protecting air quality and human health," Clarke said.

"Smoke from agricultural burning can harm children, the elderly and those with respiratory conditions.

"Working with local stakeholders, we're looking to see what tools we can bring to avoid endless litigation and work on solving the problem on a regional basis, not just in Washington," Clarke added.

Ecology's Burg agrees that the issue of agricultural burning is a regional issue-not unique to Eastern Washington.

"We need the EPA to maintain a level playing field throughout the Northwest," Burg said. "Because smoke blows across state borders, it makes sense for all who contribute to do their part."

Burg added that Ecology still hopes to find that burning has decreased substantially after the spring burning season.

"If it has, we will know that our permitting program and our new best management practices, combined with a cooperative grower community, are effective in reducing smoke," she said.