A Brief Review of New CAFO Rules & Livestock Regulatory Issues

David White, Executive Director, Ohio Livestock Coalition

 

NEW U.S. RULES FOR CAFOs

· All concentrated animal feeding operations (CAFOs) will be required to apply for a federal (NPDES) permit.

· Submit an annual report

· Develop and follow a plan for handling, storing and applying animal manure and wastewater.

 

What is a CAFO?

· First meet the definition of an AFO (animal feeding operation):

· A facility that confines animals for at least 45 days in a 12-month period and there is no grass or other vegetation in the confinement area during the normal growing season.  

· An operation is a CAFO if it meets the definition of an AFO and one of the following CAFO definitions:

 

Large CAFO

· 700 mature dairy cows

· 1,000 beef cattle or heifers

· 2,500 swine (weighing more than 55 lbs.)

· 10,000 swine (weighing less than 55 lbs.)

· 30,000 ducks (other than liquid manure systems)

· 5,000 ducks (liquid manure handling systems)

· 30,000 chickens (liquid manure handling systems)

· 125,000 chickens except layers (other than liquid sys.)

· 82,000 layers (other than liquid manure systems)

· 1,000 veal calves

· 500 horses

· 10,000 sheep or lambs

· 55,000 turkeys

 

Medium CAFO

· Man-made ditch or pipe carries manure or wastewater from the operation to surface water, or

· Animals come into contact with surface water running through the area where they are confined, and the operation has at least:

· 200 mature dairy cows

· 300 beef cattle or heifers

· 750 swine weighing more than 55 lbs.

· 3,000 swine weighing less than 55 lbs.

· 10,000 ducks (other than liquid manure systems)

· 1,500 ducks (liquid manure handling systems)

· 9,000 chickens (liquid manure handling systems)

· 37,500 chickens except layers (other than liquid system)

· 25,000 layers (other than liquid manure systems)

· 300 veal calves

· 150 horses

· 3,000 sheep or lambs

· 16,500 turkeys

 

Designated CAFO

· No matter the size of a livestock, dairy or poultry facility:

· If it is an AFO, it may be designated a CAFO if it is found to be adding pollutants to surface waters.

 

What’s new in the CAFO rules?

·  25-year, 24-hour storm and poultry “dry manure” exemptions from permit eliminated.

· Opportunity to demonstrate no potential to discharge.

· Management practices for production and land application areas.

· New large swine, veal calf and poultry CAFOs

· Containment facility designed and maintained for 100-year, 24-hour storm.

· Management practices for land application:

o        Field specific assessment of N & P transport

o        Manure, wastewater and soil sampling

o        Rate of N, P application established by state

o        Setback/vegetative buffer

· Immature animals included

· Keep records on manure transfers

· Submit annual report to state.

 

Proposals not adopted:

· Co-permitting

· Ground water controls

· Required use of certified nutrient management planners.

· Certification from persons receiving CAFO manure.

 

Anticipated Costs

· $283 million/year = Large CAFOs

· $39 million/year = Medium CAFOs

· $4 million/year = Small CAFOs

· $9 million/year = states

 

Anticipated Benefits

· Reduce discharges of sediment (1.1 billion), P (41 million) and N (20 million)/lbs./year.

· Reduce releases of CAFO related pathogens by 41%.

· Reduce the number of private wells exceeding the MCL for nitrate by 9%.

· Recreation ($166 to $299 million)

· Fish kills ($0.1 million)

· Shellfish ($0.3 to $3.4 million)

· Private wells ($30.9 to $45.7 million)

· Public drinking water ($1.1 to $1.7 million)

 

Schedule of Implementation

· Production area requirements for large CAFOs: 120 days after publication

· States revise programs: 1 year (rule) or 2 years (statute).

· Newly regulated operations:  As specified, but no later than 3 years.

· New dischargers: Within 90 days after the time the AFO meets the conditions of being a CAFO.

· New Sources: 180 days prior to the time the CAFO commences operation.

· Designated CAFOs: 90 days after receiving notice of designation.

· Nutrient Management Plan: Immediately for new sources and not later than 2006 for all others.

 

Challenges to New CAFO rules

·         AFBF

·         National Chicken Council

·         National Pork Producers Council

·         National Turkey Federation:

·         regulation of land application.

· Environmental groups:

· Sierra Club

· Natural Resources Defense Council

· Waterkeeper Alliance

· Rules don’t go far enough.

 

Copy of Final Rule

· http://cfpub.epa.gov/npdes/afo/cafofinalrule.cfm

 

· Your state’s delegated CAFO/NPDES permitting authority.

 

 

Ohio Permitting Authority

· State permits = Ohio Dept. of Agriculture (Senate Bill 141 [ORC 903], December 2000).

· Rules effective August 2002.

· Ag Dept. applying for NPDES authority as well.

 

Ohio Department of Agriculture Rules

· Certified livestock manager

· Review Compliance Certificates

· Permit transfer & modifications

· Siting criteria

· Geological explorations

· Manure storage ponds & treatment facilities

· Inspections, maintenance and monitoring

· Manure management plan

· Mortality disposal

· Record keeping

· Emergency plans

· Closure plans

· Civil penalties

· Emergency enforcement

· General permits

· Insect & rodent control

· Public notice & mtg. requirements

· Enforcement procedures

· For a copy of the rules, go to the Livestock Environmental Permitting Program (LEPP) section of the Department’s website at www.state.oh.us/arg

 

 

Figure 1. Other Environmental Regulatory Authority, State of Ohio  

 

Authority, Local Board of Health

Nuisance law:

· No person shall erect, continue, use, or maintain a building, structure, or place for the exercise of a trade, employment, or business or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public.  (ORC 3767.13 [A])

· No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public. (ORC 3767.13 [B])

 

 

Agriculture Exemptions for Nuisance

· ORC 929 -- Ag District (Farmland Preservation Act)

· ORC 3767.13 (D)

· “Persons who are engaged in agriculture related activities, as agriculture is defined in section 519.01 of the Revised Code and who are conducting those activities outside a municipal corporation, in accordance with generally accepted agricultural practices, and in such a manner so as not to have a substantial, adverse effect on the public health, safety, or welfare are exempt from divisions A and B of this section, from any similar ordinances, resolutions, rules, or other enactments of a state agency or political subdivision…”

 

Challenge to Exemption

ORC 3707.01:

·         The board may regulate the location, construction and repair of yards, pens, and stables, and the use, emptying, and cleaning of such yards, pens and stables and of water closets, privies, cesspools, sinks, plumbing, drains, or other places where offensive or dangerous substances or liquids may accumulate.

o        Adopted into law in 1910?