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CAFO: Environmental Regulations

CAFO: Environmental Regulations. Peter Wright, Senior Extension Associate PRO-DAIRY Department of Biological and Environmental Engineering, Cornell University. EPA’s Outlook. More than 75% of water pollution today is from non-point sources

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CAFO: Environmental Regulations

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  1. CAFO: Environmental Regulations Peter Wright, Senior Extension Associate PRO-DAIRY Department of Biological and Environmental Engineering, Cornell University

  2. EPA’s Outlook More than 75% of water pollution today is from non-point sources More than 50% of non-point pollution is from Agriculture More than 50% of agricultural non-point pollution is from animal agriculture EPA has started to look very hard at animal agriculture

  3. EPA • Pushing States to implement Clean Water Act (1972)

  4. EPA • In other States: • Inspections • Fines • Jail time

  5. EPA • New “Final” Regulations 12/15/02 • Size • Timeline • Who • Nutrient Management Plans

  6. Why did EPA revise the CAFO regulations? • Address water quality problems • Update the 25-year old regulations • Improve CAFO Program Implementation • Address a court order

  7. CAFO Rule Guiding Principles • Simplify and clarify • Flexibility for States • Promote manure management practices • Complement USDA efforts • Promote new technologies • Emphasis on large • Foster voluntary efforts for small • Consistency with core NPDES

  8. CAFO Rule History • CWA: CAFOs are point sources • 1974/1976 CAFO regulations • EPA/USDA Unified National Strategy for AFOs – 1999 • Proposed Rule – 2000 • 13,000 public comments • Final Rule (NPDES and ELG (Effluent Limitation Guidelines) signed December 15, 2002

  9. Major Rule Elements • All Large Operations Must Apply • No potential to discharge determination • Effluent Limitation Guideline (ELG) • No Discharge • Land Application Requirements (N and P) • Alternative Performance Standards • Nutrient Management Plan Required • Implement by December 2006 • Annual Report Required

  10. Key definitions • Animal Feeding Operation • Confines animals for 45 days in 12 months • Sustains no vegetation in confinement area • While animals are there • Concentrated Animal Feeding Operation • Large • Medium • Stream running through confinement area • Man-made conveyance to surface water • Don’t discharge to state waters during 25 year 24 hour storm

  11. 25 year 24 hour rainfall

  12. Large CAFO Thresholds

  13. Medium CAFOs Thresholds

  14. Other Final Rule Changes • ELG specifies best management practices • Field specific assessment for N and P transport • Manure and soil sampling • Setback, vegetative buffer, or equivalent practices • Alternative Performance Standards • State Technical Standards for Nutrient Management

  15. Other Final Rule Changes • New permitting thresholds for immature swine, heifer, and some poultry operations • Eliminates “animal units” and mixed animal calculation • Manure transfer recordkeeping • Annual report

  16. Adequate storage Mortality management Divert clean water Prevent direct contact Proper chemical handling Site-specific conservation practices Manure/soil testing Land application Records and documentation Nutrient Management Plan Elements

  17. Annual Report Requirements • Number/type of animals • Amount of manure/wastewater generated • Amount of manure/wastewater transferred • Land application acres covered by nutrient management plan • Land application acres used in previous 12 months • Summary of production area discharges • Indicate whether NMP was developed by certified planner • Schedule of BMP implementation

  18. What proposals were not adopted? • Mandatory co-permitting requirements • Mandatory ground water requirements • Required use of certified nutrient management planners • Certification from persons receiving CAFO manure • Land application timing restrictions

  19. State Flexibility • Flexibility to address medium and small operations • Permitting Approach • Individual, General, Watershed-based • Alternative Performance Standards • State Technical Standards and Nutrient Management

  20. State Flexibility • “level playing field” • Competitiveness • Minimum requirements

  21. State Regulations Vary • Regulatory approaches used • Definitions of CAFOs • Use of general vs individual permits • Specific conditions farms must meet

  22. NYS DEC outlook Driven by need to protect farms from citizen’s law suits Formed CAFO Work group in 1995 First general permit issued in 1999

  23. NYS DEC outlook Of the priority watershed lists agriculture is the largest identified source for lakes. (20%) Agriculture is second to acid rain in river segments (13%) Compliance vs. Enforcement Inspections Conform to EPA schedule

  24. Agricultural Environmental Management(AEM) A roadmap of agricultural environmental policies and programs in New York State

  25. Agricultural Environmental Management Coordinate Funding Coordinate Science & Policy Framework for Planning State & Local Teams AEM Planner Certification AEM Tiered Process Education and Outreach Water Quality Symposium Planner Review Tier I: Initial Questionnaire AEM Workshops Planner Certification Tier II: On-farm Assessment Tier IIIA: Simple Nutrient Management Plan LPES for NYS Planner Updates AEM Web Site and List-serve Tier IIIB: Comprehensive Nutrient Management Plan Tier IIIC: Total Resource Management Plan (SWAPA+H) Tier IV: Plan Implementation Tier V: Evaluation

  26. Coastal Zone Act Reauthorization Amendments (CZARA) Safe Drinking Water Act (SDWA) Clean Water Act (CWA) National Pollution Discharge Elimination System (NPDES) Total Maximum Daily Loads (TMDL) Federal Source Water Assessment and Protection (SWAP) Surface Water Treatment Rule (SWTR) Ground Water Treatment Rule (GWTR) Non Point Source (NPS) SE 6219 Priority Waterbodies List (PWL) EPA Animal Feeding Operation (AFO) Strategy State Coastal NPS Program NYS Dept. of Health (DOH) SWAP NYS Public Health Law NYC Watershed Skaneateles Lake Watershed Point Source (PS) NPS State Pollution Discharge Elimination System (SPDES) Watershed TMDLs (303d List) Watershed Restoration and Protection action Strategies (WRAPS) State Soil & Water Conservation Committee (Ag & Mkts, CU, CDEA, DEC, DOH, DOS, ESF, NYS Grange, NRCS, NYACD, Farm Bureau) Agricultural Environmental Management (AEM) USDA Farm Bill Conservation Programs Local CWQCCs, SWCDs, CCE, Health Depts., Ag. Business, Farmers State Ag NPS Grants Federal State Local

  27. CAFO Requirements in NY • Notice of Intent • All new farms 30 days before • Expanding farms 30 days before • Existing should be in

  28. CAFO Requirements in NY • Comprehensive Nutrient Management Plan (CNMP) • Follow Natural Resources Conservation Service (NRCS) Standards

  29. CAFO Requirements in NY • Plans for Large CAFOs should be in • 137/137 • Plans for Medium CAFOs been extended to June 30, 2004 • 204/517 • Updated yearly

  30. CAFO Requirements in NY (New Permit) General permit from 6/2004 to 6/2009 New CAFO Sizes Timeline

  31. CAFO Requirements in NY (New Permit) Large CAFO’s implement all practices by 12/31/2006 Medium CAFO’s Practice completion schedule: Management practices by 10/1/2007 Priority practices by 10/1/2008 All practices by 6/30/2009 Steady implementation schedule Notice of Intent with CNMP

  32. CAFO Requirements in NY (New Permit) Spill reporting; Cause deposition, substantial visible contrast, or impact fish, etc. Annual reports Large CAFO’s O&M records

  33. CNMP • 130 Planners conditionally certified • Certified Crop Advisors (CCA) • NRCS modules • One week training course • 21 have at least one plan reviewed • Certified Planners (3 plans reviewed) • Private (21) • Agencies (6) • NRCS Job approval (30)

  34. CNMP • Nutrient Management Plan (NMP) • Based on P index or N index • Will discourage spreading : • On saturated ground • Close to water • In fall and winter • Use Best Management Practices (BMP)

  35. Costs • Vary Widely • Planner • $2,000 - $20,000 • Implementation • $4,000 - $1,000,000 • Average? $150,000 • NY total for CAFO ~ $100 million

  36. Costs • Operation and Maintenance Costs • Winners • Losers

  37. NY Non Point Source funding • Protect Water supplies • Use AEM • ~$10 million • Timing varies and amount varies

  38. EQIP • Environmental Quality Incentive Program • ~$10 million • Rules will change • Was up to $450,000 per farm • 75% Cost share

  39. EQIP • National Priorities • Water Quality • Air Quality • Livestock • Endangered or threatened Species • 50% cost sharing recommended • Get on the list.

  40. NYSERDA • Energy • Environment • Economics • Anaerobic Digestion • Composting • Incorporation of Manure • Pathogen Control • Odor Control • Nutrients

  41. NYSERDA • Combined Heat and Power • $10 M • $4M innovative • $6M underutilized • food drying, compost drying • Complex application

  42. NYSERDA • Innovative Agriculture • $1 million • Application easier • $250K max. 50%cost share

  43. NYSERDA • Innovative Processing • $2.75 million • By-Product production

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