White House completes review of EPA’s spilled-milk plan

Republicans called application of the Spill Prevention, Control and Countermeasure rule to milk containers an outrageous case of overreach by an agency bent on saddling business with burdensome requirements.



For instance, last month Rep. Jeff Flake (R-Ariz.) said he wondered if “sippy cups in the House cafeteria” are in EPA’s crosshairs too.

EPA Administrator Lisa Jackson has repeatedly said the agency has no intention of regulating milk containers under the long-standing oil-spill prevention rules.

And on Friday, the White House Office of Management and Budget signed off on EPA’s milk exemption, which has long been in the works, according to the federal website that tracks the progress of pending regulations.

Jackson, appearing before a House panel March 10, said the notion that EPA intends to treat spilled milk in the same way as spilled oil is “simply incorrect.”

The agency has noted that Congress decades ago crafted the oil-spill requirements broadly enough to capture milk (animal fats are covered), so EPA is carving out an exemption and has stayed compliance requirements while the rule works its way toward completion.