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Protecting Our Nation’s Waters: Concentrated Animal Feeding Operations

Protecting Our Nation’s Waters: Concentrated Animal Feeding Operations. Chesapeake Bay Implementation Committee July 21, 2005. Purpose of Today’s Discussion. Goals of the CAFO rule Agriculture and Livestock in Mid Atlantic area CAFO Risks: environment & human health

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Protecting Our Nation’s Waters: Concentrated Animal Feeding Operations

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  1. Protecting Our Nation’s Waters: Concentrated Animal Feeding Operations Chesapeake Bay Implementation Committee July 21, 2005

  2. Purpose of Today’s Discussion • Goals of the CAFO rule • Agriculture and Livestock in Mid Atlantic area • CAFO Risks: environment & human health • Highlights of the CAFO rule • State’s strengths, operations and schedules • Second Circuit Court Decision • Next Steps

  3. Goals of the CAFO Rule • Protect water quality by ensuring proper management of animal manure in the production and land application areas • Improve Clean Water Act CAFO rule • Increase NPDES CAFO permits • Implement nine critical standards - ELG requirements • Ensure public involvement • Utilize compliance and enforcement programs • Develop a coordinated federal/state livestock and poultry program • Complement USDA’s voluntary programs for AFOs • Integrate States’ Department of Agriculture expertise

  4. Agricultural Snapshot • Agricultural land use in the Mid Atlantic area is greater than 21 million acres • 28.4% total land use in the region • DE 46.3% agricultural • MD 35.5% agricultural • PA 25.1% agricultural • VA 33.0% agricultural • WV 22.7% agricultural • poultry and livestock • crop production • strong economic drivers

  5. Top Commodities in Region III(#1 income sector in PA, DE, MD and VA)

  6. Human Health and Environmental Risks • Runoff and leaching from land application and improper manure storage : • Cause eutrophication in lakes, rivers, bays and estuaries • Nutrients – N&P- major contributors • Contaminate drinking water • nitrate, pathogens, phosphorus, salts • Fish kills • Other environmental concerns include pathogens, air emissions, and odor

  7. Highlights of the CAFO Rule • NPDES CAFO permit covers production and land application areas • 3-Tier Structure • Large: Threshold- # of animals- mixed animals removed • Medium: threshold and pollutants discharged into US waters • Small: State or EPA designation • Eliminate exemption for “dry” chicken-broiler operations • Cover broiler operations with dry manure handling systems.

  8. Highlights of the CAFO Rule • Nutrient Management Plan –Integral part of the permit: Nine Critical Components • Ensure adequate storage of manure/litter&process wastewater • Ensure proper mgmt of dead animals • Ensure clean water is diverted from the production area • Prevent direct contact of animals with US waters • Prevent inappropriate introduction of chemicals into manure/litter, stormwater storage • Identify site –specific BMPs (setbacks) to control nutrient loss • Identify manure and soil protocols • Identify protocols for land application of manure/litter/wastewater- technical nutrient mgmt • Maintain proper record keeping

  9. Strengths of State Programs • Existing programs have a history • Nutrient management planning has been a part of state requirements • Relationship exists: State Ag, NRCS and CSREES-Land Grant University system • National experts throughout Region 3 • Well balanced stakeholder process • Ample time to develop and involve public

  10. National: 15,400 Large: 10,700 Medium: 4,700 R4: 3272: 21% R6: 1701: 11% R7: 3238: 21% Note: Number of AFOs: 350,000 Region 3: 910 ~ 6% Large: 550 Medium: 360 CB PA: 462 287 VA: 204 115 MD: 126 70 DE: 86 43 WV: 32 18 Region 3: Estimated CAFOs

  11. Implementation Schedule

  12. USDA: Farm Bill Conservation cost share, easements, incentive programs (NRCS, FSA) Renewable energy projects:EQIP, RDA Research: CSREES &ARS EPA SRF Loan program 319 Grants National Estuary Grants 106 NPDES support FUNDING OPPORTUNITIES Recognition of States’ Cost Share/ Other

  13. CAFO Rule Lawsuit-Second Circuit Court Decision • Environmental and Industry Petitioners and EPA • Unanimous decision by 3 judge panel • Upheld most of the rule’s technical requirements • 2 vacatures: Duty to Apply, Review of NMP • 3 remands: BCT for Pathogens • Possible repercussion: Less CAFO permits, greater work load for USDA-NRCS • EPA will alter existing rule • States are encouraged to complete program updates and issue permits

  14. Future Activities • Continue to work w/ States to develop/approve programs • Support States funding needs • Provide training for permit writers and inspectors • Discuss w/ NRCS AFO/CAFO Opportunities • Respond to the Court’s decision- make changes to the rule • Implement AFO Research Task Force • www.epa.gov/npdes/cafo

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