Feedlot Regulations in Minnesota

1. Feedlot Regulationsin Minnesota George Schwint Senior Engineer MPCA Feedlot Division

2. Gov’t Participants in MN Feedlots • MPCA - Minnesota Pollution Control Agency • Regulatory arm of MN Gov for feedlots (Rule 7020) • Provide no technical assistance (design work) • MDA – Minnesota Department of Agriculture • Provides assistance to producers (non-technical) and promotes ag activities in state • BWSR – Board of Water and Soil Resources • provides some state cost share funding for projects • DNR – Department of Natural Resources • Little to no involvement in feedlots (water appropriations) • NRCS • Provides cost share (EQUIP) and technical assistance

3. MPCA Structure • MPCA leadership is actually a group of eight citizens appointed by the Governor • Referred to as the MPCA Citizen’s Board • Makes final decisions on certain permits or actions or if requested via petition • MPCA also has a commissioner appointed by the Governor • Authorizes day to day activities • Chairs Citizens Board

5. What is a CAFO in MN • Head Count – Federal CAFO Rule • 1000 cattle • 2500 swine • 700 Dairy Cows • Animal Units (AU) – State Rule • 1,000 or more AU in any combination • 1 steer = 1 AU • 1 swine 55-300 lbs = 0.3 AU • 1 Dairy Cow over 1000 lbs = 1.4 AU

6. How Many CAFO’s • 1,093 total CAFO’s • 62 Primarily Dairies • 67 Primarily Beef • 10 Federal CAFO’s but NOT over 1000 AU • 786 Primarily Swine • 305 Federal CAFO’s but NOT over 1000 AU • 168 Primarily Poultry • 67 Federal CAFO’s but NOT over 1000 AU • 9 Feedlots over 1000 AU but NOT Federal CAFO • Combo of Animals not over any one Federal Threshold • 1 Horse Facility

7. General vs Individual NPDES Permit • General Permit – 1,049 Facilities (96%) • Eligibility Criteria • No pollution hazzards • No “New Technology” • No history of problems • No land app of liquid manure in winter • In process of reissuance of all Permits • Individual Permit – 23 Facilities (2%) • Majority have issues that need fixing • 2 have large infiltration areas for open lot runoff

8. Doc’s Required with NPDES Permit App • Air Emissions Plan • Emergency Response Plan • Operation & Maintenance Plan • Animal Mortality Plan • Manure Management Plan (MMP) • Stormwater Pollution Prevention Plan (SWPP) • Stormwater req’s incorporated into feedlot permit • Plans and specs • Liquid Manure Storage Areas only

9. Air Emissions Plan • Methods to minimize air emissions (BMP’s) • Measures to mitigate air emissions in the event of an exceedance of the state ambient H2S standard • 50 ppb – no more than 2 times per year • 30 ppb - no more than 2 times 5 consecutive days • Exemption for manure removal (21 days max) • A complaint response protocol • List of potential odor sources and which sources most likely to generate significant odors • Anticipated odor control strategies

10. Manure Management Plans • Required whenever a permit is issued • Keep updated at all times for CAFO’s or facilities over 300 AU not using Commercial Applicator • Components for CAFO’s • One Year Field & Rate Specific • only portion needed for non-CAFO’s • Methodology for remaining years of permit term • All Fields and Crops scenarios possible • Follow all applicable rule requirements • Utilize University rec’s and data for rate determination

11. Nitrogen Rate Management • U of MN changed N Rec’s (for corn only) to not be yield dependent • MPCA instituted Max N rate

12. Soil Phosphorus Management • Waters include Lakes, rivers, streams, intermittent streams, protected wetlands, unbermed drainage ditches, and tile intakes when soil P levels are above 75 Bray or above 21 Bray at a CAFO • Restrictions do not apply if a 100 ft non-manured vegetative buffer along lakes and streams, or a 50 ft non-manured vegetative buffer along intermittent streams, protected wetlands, and unbermed drainage ditches is maintained

13. Winter Applicationof Manure at CAFO’s • No liquid winter application unless emergency • Winter is after Dec 1 and frozen or snow covered • Must identify some emergency fields in the MMP • < 4% slope, 3500 gal/acre max & no more than 60 lbs P • Solid Manure Application • No active snowmelt • 2 inches of snow and 40oF • Slope less than 6% • MN P Index rating of low (2.0 or less) • 50% chance of ¼ inch of rainfall • Must identify fields in MMP

14. MMP’s IncorporatedInto NPDES Permits • Web notice for 30 days • So far very few comments on permits • So far process has been going well • Create a broad plan to avoid frequent changes to Permit terms on subsequent web notices • List all possible fields & crops • Follow U of MN rec’s

15. MMP Development • No specific format required • Developed a Excel based spreadsheet for public use • Meets all rule and permit req’s • Includes methodology • Can use other formats • NRCS software in combo with written methodolgy portions

16. New/Updated Componentsof General NPDES Permit • No winter application of liquid manure • Feed storage area runoff must be contained • Basins or infiltration areas • Groundwater Monitoring Incorporated • Within O&M plan for facility • Anaerobic Digestion Incorporated • Account for digester in Air Emissions Plan • Startup, breakdowns, by-passes

17. Environmental Review • Environmental Assessment Worksheet (EAW) • Mandatory for expansions of 1,000 AU or more • within a 3 year period • in the same geographic area • Mandatory threshold at 500 AU in sensitive areas • Shoreland, Floodplain, DWSMA, Karst Features • Exemption for facilities with less than 1,000 AU • hold a public meeting prior to permit application • not in a sensitive areas

18. Recent Misc. Items of Interest • HDPE lined Basin Bubbles • Includes those vented • Revocation and Reissuance of a Permit and later Denial of Permit Reissuance • History of noncompliance • H2S violations • Public health hazard • Bad Actor Statute