EPA Details Proposed CAFO Rules

Darcy Maulsby / AgWeb News 13mar01

As the Environmental Protection Agency (EPA) prepares to write and implement new regulations for concentrated animal feeding operations (CAFOs), officials say they face three major challenges.

"The first is the regulatory/voluntary balance," said Karen Metchis with EPA's Office of Water/Office of Wastewater Management. "The second challenge is updating the regulations. Current CAFO regulations are more than 25 years old, and 95 percent of the poultry industry isn't covered under the current regulations. Finally, there is the challenge of excess manure. Sixty to 65 percent of manure exceeds crop needs at CAFOs and should be transferred off-site. How do we ensure manure at the CAFO is land-applied to minimize nutrient runoff, and how do we ensure that manure going off-site is properly handled?"

The EPA is currently evaluating a number of proposals to update CAFO regulations, all of which will have major impacts for many beef, dairy, swine and poultry producers.

Prposed rules have different tiers
As it revises CAFO regulations, EPA is trying to incorporate simplicity, flexibility and accountability into the rules, Metchis said. "We want to make them clear, and the public wants accountability to make sure the nation's water isn't polluted."

EPA's first co-proposal includes a three-tier structure in which all operations with more than 1,000 animal units are considered CAFOs. There would be revised conditions for whether a middle tier (300 to 1,000 animal units) operation is a CAFO. Operations in the middle tier must either certify they do not meet the conditions or must apply for a permit. Operations with less than 300 animal units would become CAFOs only if they were causing a pollution problem, Metchis said.

The second co-proposal involves a two-tiered structure in which all operations with greater than 500 animal units are defined as CAFOs. Those with less than 500 animal units are a CAFO only if designated by a permit authority, and this is evaluated on a case-by-case basis.

"The three-tiered structure offers more flexibility to the states but is more complicated. The two-tiered structure helps simplify the regulations but is less flexible than the other example," Metchis said. EPA is asking the public to submit comments on both proposals.

EPA's proposed changes for CAFO regulations would also eliminate the 25-year, 24-hour permit exemption and expand the definition of a CAFO to include both the production area and the land application area. Poultry operations, stand-alone swine nurseries and stand-alone heifer operations are also included in the proposed regulations.

Co-permitting for vertical integrators
EPA is also proposing that vertical integrators be co-permitted, especially in the pork and poultry sectors, Metchis said. In this situation, co-permitting would be required where the permit authority determines that the vertical integrators have "substantial operational control."

EPA is requesting comments on alternatives to co-permitting. The requirement could be waived, for example, if the state has an adequate and enforceable program for excess manure. A waiver could also be granted if the processor implements an "environmental management system" with contractors, where the third party would be audited for compliance, according to EPA.

For existing beef and dairy operations, the EPA's proposed performance standards for production areas include the following:

Retain the 25-year, 24-hour (plus process waste water) design specification for production areas;

• Zero discharge to ground water that has a direct hydrologic connection with surface water. This will require liners for liquid storage and impermeable pads beneath manure stockpiles to contain solids, explained Jan Goodwin of EPA's Office of Water/Office of Science and Technology.

  For new beef and dairy operations, the proposed performance standards are the same as those for existing facilities.

  For existing swine, veal and poultry operations, EPA's proposed standards include the following:

• Zero discharge requirement--no overflow due to storms. This will require covered lagoons, conversion to dry manure systems, contained process waters (including egg wash water), storage sheds and covered stockpiles.

  For new swine, veal and poultry operations, EPA is considering an added requirement of zero discharge to ground water with a direct hydrologic connection to surface water. Manure proposals
  EPA has also developed proposals for the land application of manure at CAFOs. The proposals include the following:

• All permits would address land application;
• Permits would require site-specific development and implementation of a "permit nutrient plan." This plan would be part of a comprehensive nutrient management plan (CNMP) and would be developed by a certified nutrient management planner.
• The permit would require a 100-foot setback from surface water. While it would prohibit manure application in this area, it would not prohibit raising crops, Goodwin said.

  In addition to guidelines for land application, EPA has developed two proposals for the off-site transfer of excess manure, Goodwin said.

  Proposal A calls for manure transfer only to recipients who certify they will apply manure appropriately. Records of the manure transfer must be maintained, and recipients must be provided with an analysis of the manure and a brochure describing proper manure handling.

  Proposal B has no certification requirement, but records must be kept to record the quantity and nutrient analysis of the manure, as well as who used the manure, Goodwin said.

  How to submit comments to EPA
  EPA officials urge producers to submit their comments on the proposed CAFO regulations, emphasizing that producers' input helps staff members see alternatives they might not have considered.

  The 120-day public comment period ends May 14, 2001. The final rule will be published by Dec. 15, 2002. If you want to submit comments, you can e-mail them to: comments.cafos@epa.gov.

  You can mail comments to: CAFO Proposed Rule, USEPA, Office of Water, EAD, Mail Code 4303, 1200 Pennsylvania Ave. NW, Washington, D.C. 20460. Submissions must be postmarked by May 14, 2001.

  More information on the proposed CAFO regulations, you can call the CAFO hotline at 202-564-0766 to access a voicemail system.

  CAFO information online

• To view the text of the proposed CAFO regulations, go to http://www.epa.gov/owm/afos/proposedrule.htm

  At http://www.epa.gov/owm/afos/rule.htm you can find a factsheet describing the proposed CAFO rule; the text of the proposed CAFO rule; public meetings on the CAFO proposed rule; and supporting documents.

  The supporting documents include:

• Cost methodology for beef and dairy animal feeding operations, as well as for the swine and poultry sectors;
• Development documents that describes technical basis for regulation, description of industry, handling and treatment technologies and best management practices;
• An economic analysis that describes financial impacts expected as a result of the proposed regulation;
• An environmental and economic benefit analysis describing the water quality improvements expected to occur as a result of the proposed regulation and the monetary value associated with these improvements;
• Managing Manure Nutrients at Concentrated Animal Feeding Operations: Draft Guidance, which is intended to help CAFO owners and operators comply with the proposed permit nutrient plans for their operations.
  
  

  Read more AgWeb.com articles on the CAFO issue:

• Livestock Producers Concerned about CAFO Rules
• Wyoming Legislators Want More Time for CAFO Regulations
• EPA Meetings Scheduled to Address CAFOs
• For related news items, click here to go to the Beef Community.
• For related news items, click here to go to the Dairy Community.
• For related news items, click here to go to the Pork Community.

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