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Factory Farming

Factory Farming. The Health and Environmental Risks. Overview. Current regulatory framework Shortcomings Federal CAFO regulations IDEM proposed CAFO regulations Indiana State Chemist proposed manure use and distribution regulations HEC recommendations How to get involved.

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Factory Farming

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  1. Factory Farming The Health and Environmental Risks

  2. Overview • Current regulatory framework • Shortcomings • Federal CAFO regulations • IDEM proposed CAFO regulations • Indiana State Chemist proposed manure use and distribution regulations • HEC recommendations • How to get involved

  3. Definitions:Industrial Scale Livestock Production Confined Feeding Operation (CFO) • 300 cattle • 600 hogs or sheep • 30,000 fowl • Any operation that causes a violation of water pollution laws or rules. Concentrated Animal Feeding Operation (CAFO) • 1000 cattle or equivalent • 2500 hogs or sheep • 100,000 fowl (Source: Indiana Administrative Code 327 IAC 15 and 16; I.C. 13-18-10)

  4. Performance standards • A confined feeding operation shall be managed to avoid an unpermitted discharge into waters of the state. • Minimize non-point source pollution • Design, construct and manage waste management systems to prevent discharge • Stage and apply manure in a manner that does not threaten the water supply (Source: 327 IAC 16-3-1)

  5. Enforcement • CFO may opt-out of regulation by declaring no discharge or proposal to discharge • General or individual NPDES permits, must be renewed every five years • Nutrient (Manure) Management Plan, not an enforceable part of the permit • Soil & manure samples taken by operator • Records kept on-farm (not public) • Inspectors visit production areas but do not routinely visit land application areas during or after manure spreading Real problem is lack of funding and political will

  6. Pathways to Pollution 40 spills in 2008, 295 spills in the last 5 years (IDEM) -lagoon overflow -pit overflow -transportation -manure stockpile or staging area -improper land application (most spills occur during land application) -equipment breakage -deliberate dumping

  7. Report a Spill • Enters waters of the state • Crosses property boundaries • Operation not managed in a manner that prevents a threat to waters of the state • Threatens to damage waters of the state

  8. Shortcoming of Current Program • No consideration of air emissions and stormwater runoff. • Inspections focus primarily on production area • Fertilizer rates for nitrogen allows overloading of phosphorus • No consideration of pathogen content of manure • No consideration of existing pollution • Nutrient (Manure) Management Plan is NOT enforceable part of the permit • Manure management information is not available to the public – treated as proprietary

  9. Water Quality Standards for E. coli 235 colony forming units/100 ml maximum safe for recreational use One study of dairy waste found: • 110,000 cfu /100 ml in field tiles the same day • 38,000 cfu/100 ml 6 days later.

  10. Many Indiana waterways are polluted

  11. Indiana’s biggest pollution problems • E. coli 822 water bodies • Biotic communities 505 • Dissolved oxygen 140 • Nutrients 98 • Phosphorus 50 • Algae 20 • Taste & odor 12

  12. Impacts of Industrial Livestock on Rural Communities • Property values • Quality of life • Rivers and streams unsafe • Limited opportunities for other economic development • Reduced opportunity for tourism and recreation

  13. Impacts on Public Health • Poor Air & Water Quality • Neighbors get sick, suffer longer • Workers may carry antibiotic resistant pathogens to general population • Many county health departments struggling with MRSA (methicilllin resistant Staphlycoccus aureus)

  14. Antibiotics as Growth Promoters • 70% of all antibiotics used in the U.S. are fed to livestock at sub-therapeutic doses • Antibiotics increase growth rate by 2-10%

  15. New Federal Rules • CAFO that discharges or proposes to discharge must apply for an NPDES permit • Unpermitted CAFOs must certify that they do not discharge or propose to discharge • Nutrient Management Plan must be submitted with application for individual NPDES permit • Authorities must review NMP and allow public notice and comment • CAFOs can substitute best management practices that will result in no discharge rather than approved containment structures if it can demonstrate that the system will comply with effluent limitations • Water quality based effluent limitations may be required from land application and production areas that are not exempted as “agricultural stormwater” • Best conventional technology must be used to control fecal coliforms (E. Coli)

  16. Indiana • IDEM developing new rules for CAFOs • (LSA Document #09-213) • Indiana Register, April 8, 2009 • Office of the Indiana State Chemist (OISC) developing rules to address the distribution and use of manure as fertilizer

  17. IDEM Rulemaking • Design Standards • Nutrient Management Plans • Facility Closure • Transitions • Public Notice and Comment

  18. Design Standards • Prohibit construction of manure lagoons over mines • Require additional protection for manure storage facilities in karst terrain

  19. HEC’s Choice • Prohibit location of CFOs and CAFOs in karst terrain and floodplains • Use of groundwater monitoring device to ensure that drinking water is not being contaminated • Incorporate best management practices such as setbacks from waterbodies and wetlands

  20. Nutrient Management Plans • Adds phosphorous as a limiting factor for manure application rates • Annual manure analysis for all manure types

  21. HEC’s Choice • Require water monitoring as part of NMP • Control pathogens • Incorporate Best Control Technology limitations

  22. Facility Closure • IDEM intends to clarify guidelines • Require a closure certificate

  23. HEC’s Choice • Comprehensive closure plan should be required as part of the permit • Operator should be required to provide financial assurance for required closure activities

  24. Transitions • CAFO owners who certify that they do not discharge or propose to discharge can avoid the need for an NPDES permit by transitioning from a CAFO designation to a CFO designation • All operations must have a general CFO permit.

  25. HEC’s Choice • Concern over ability of CAFO to self regulate • IDEM should require NPDES permits for all CAFOs

  26. Public Notice & Comment • Forty (40) day comment period for adjacent landowners

  27. HEC’s Choice • Public, not just adjacent landowners, should be provided with an opportunity to comment on permits

  28. OISC Rulemaking Must comply with more stringent rule when there is overlap between IDEM and OISC -HEC believes that jurisdiction must be better defined -Which agency will be responsible for inspections and enforcement -OISC should acknowledge the best fertilizer regulation practices employed in 29 Indiana counties by adopting a more stringent standard or providing a waiver to counties who have more stringent ordinances

  29. OISC-Recordkeeping Requires OISC to maintain records for two years -Permits are renewed every five years; therefore, OISC should maintain records for five years -Records should be made public -Rule should include specific parameters for the type of information that will be maintained

  30. OISC-Restrictions on Use & Distribution • Staging (temporary storage) 72 hours if not covered • 90 days if covered • Incorporates Setbacks currently in IDEM rule

  31. HEC’s Choice • Supports shorter staging time frames • Supports larger setbacks • Surrounding states have much more stringent setbacks • Many Indiana counties have ordinances requiring more stringent setbacks • Include setbacks for land application • Proximity can be easily altered at the least expense

  32. Remaining Concerns • Air emissions • Rural economic development • Antibiotics • Algae blooms • Costs to the taxpayers

  33. What You Can Do • Change your consumer habits • Become a HEC Water Warrior • Inform HEC staff of local developments • Educate others, including decision makers Spread the Word!

  34. What You Can Do Support laws that hold industrial agriculture accountable: -provide comments to IDEM and OISC -advocate for setbacks -support industry financial assurance -support a ban on the use of antibiotics in livestock solely to increase feed efficiency and promote growth -Urge your Congressmen to support PAMTA

  35. Questions and Discussion

  36. Citizen’s Guide to Lobbying

  37. A Few Good Points • Now (before the session) is great time to talk • Less frantic, more casual pace – more quality interaction • In person meetings in the district are the most effective type of contact • Legislators want to hear from constituents

  38. Making Contact • You have the chance to meet in a relaxed atmosphere in your local area—a big bonus! • Remember: every visit has an impact!

  39. Be effective • Your credibility is important: only present accurate information! • Provide compelling information; your job is to persuade • You may not be an expert, but you can provide valuable information to legislators • Local perspective important

  40. Be informed • Who are your legislators? • Know the facts about your legislator: political party, occupation, leadership positions, legislative committee assignments • Copies of bills • Find it all at Indiana General Assembly Web site www.in.gov/legislative

  41. Setting Up a Meeting in Your District • Call your legislator at local office or home; ask to meet in convenient location Or • Approach him/her after community event

  42. At the Meeting • Bring an extra copy of the bill you will discuss or informative materials about the issue to support your position • Be on time!

  43. Follow-up • Email or letter to legislator with thank you • Report on meeting to HEC staff

  44. How to Contact Your Legislator By phone: • Indiana State Senate- 317.232.9400 or 800.382.9467 • Indiana House of Representatives- 317.232.9600 or 800.382.9841

  45. How to Contact Your Legislator If you must leave a message, be sure to include: • Your name • Your address & city • Please (support/oppose) issue or bill number X

  46. How to Contact Your Legislator If by written message: • An e-mail will be most timely • Find legislator’s e-mail addresses at www.in.gov/legislative • A written letter must be sent promptly as the legislative session moves quickly

  47. How to Contact Your Legislator Written letter: The Honorable ____ Indiana Senate / Indiana House of Representatives 200 W. Washington Street Indianapolis, IN 46204

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