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Confined and Concentrated Animal Feeding Permitting

Confined and Concentrated Animal Feeding Permitting. Indiana Soybean Alliance December 12, 2006. Confined Feeding, CFOs and CAFOs. Confined Feeding (IC 13-11-2-39) : Animals fed and maintained at least 45 days in any 12 month period and Vegetation covers less than 50% of confinement area

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Confined and Concentrated Animal Feeding Permitting

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  1. Confined and Concentrated Animal Feeding Permitting Indiana Soybean Alliance December 12, 2006

  2. Confined Feeding, CFOs and CAFOs • Confined Feeding (IC 13-11-2-39): • Animals fed and maintained at least 45 days in any 12 month period and • Vegetation covers less than 50% of confinement area • Confined Feeding may be: • Exempt from regulation due to size. • Regulated as a CFO (Confined Feeding Operation) under State Law. • Regulated as a CAFO (Concentrated Animal Feeding Operation) through IDEM’s Administration of Federal Regulations.

  3. Confined Feeding, CFOs and CAFOs • Confined Feeding Operation (CFO) laws apply to any person who owns, operates, designs, constructs or closes a permitted site • Minimum number of animals to become a CFO (IC 13-11-2-40) • Cattle – 300 • Swine & Sheep – 600 • Fowl – 30,000 • Smaller operators may elect to be permitted as a CFO • Smaller operators that violate water quality standards may be required to become permitted as a CFO

  4. CFO – Nutrient Management • Manure storage facilities must be structurally sound and provide at least 6 months storage capacity • Must demonstrate access to sufficient acreage suitable for land application • Land application is based upon agronomic rate calculations including: • The nutrient needs of crops to be grown • The nutrient levels in the manure and commercial fertilizer • Soil nutrient levels

  5. CFO – Permit Requirements • Record keeping • IDEM Facility Inspections – on site • Monitoring equipment • Waste management systems • Farm practices • Sampling • Adherence to the permit terms • Enforcement • IDEM CFO’s and CAFO’s are regulated as “zero discharge” facilities • CFO Permits are not federally enforceable.

  6. Concentrated Animal Feeding Operations - CAFO • Animal Feeding Operations where large numbers of animals are fed and raised on a small plot of land rather than grazed • EPA considers CAFOs a potential point source of pollution and requires them to obtain an NPDES because of the potential for waste to enter waters of the U.S. through accidental discharges • A recent US court decision (2nd Circuit) found that EPA could not regulate based on the “potential” for a facility to have a discharge • EPA will change the CAFO regulatory requirements to comply with the court ruling

  7. CAFO – Size Definitions *not a liquid manure system **regulated if they have discharged into waters of the US

  8. CAFOs • There are currently 575 CAFOs in Indiana • CAFOs produce approximately 80 percent of the animals from regulated farms • IDEM is EPA’s CAFO permitting authority in Indiana • CAFOs are subject to more regulatory requirements than CFOs • CAFO environmental requirements may be enforced by EPA and private citizens

  9. Compliance Inspections • IDEM has 16 CAFO/CFO Inspectors • These inspectors are also responsible for landfills, transfer stations, open dumps, and tire processors • Trained in various aspects specific to CAFOs/CFOs, such as nutrient management calculations • Changing Inspection Focus • Inspections becoming more complex • Assistance Inspections for new facilities and/or significant new requirements • For new CAFOs, one or two inspections during construction, an assistance inspection within six months of start-up and a formal inspection six months later • Biosecurity Issues

  10. Number of Farms (CFO & CAFO)

  11. Number of Animals Raised in Indiana * On CFO and CAFO regulated farms

  12. Average Number of Animals per Farm * On CFO and CAFO regulated farms

  13. IDEM Today • CFO permits are issued on average at 71 calendar days, 90 permit days is the statutory limit • IDEM is continuing to look for ways to improve permit turn-around • IDEM is using a compliance assistance approach to help producers understand their environmental responsibilities in response to regulatory changes

  14. IDEM Today • Regulations do protect the environment • Illegal discharges and permit violations result in enforcement actions • IDEM is receptive to considering best practices and alternatives to traditional land application • Joining ISDA in examining fragmented State regulatory structure • ISDA, IDEM, Office of State Chemist, Board of Animal Health

  15. Unresolved CFO & CAFO Issues • Odor management & Air Pollution • ISDA task force • U.S.EPA study • Local zoning and planning • Suburbs encroaching upon farms • Environmental regulation addresses the question: “Is human health and the environment protected?” IDEM does not address local land use issues • Continued Inspector Training • Incentive for good performers • 2nd Circuit Court Ruling—EPA Final Rule “soon”

  16. Summary Comments • CFO/CAFO Regulation is evolving • IDEM is working in conjunction with ISDA and U.S. EPA for sensible approaches to agricultural production and processing • Farm community has always been concerned about the environment • Strong economy means better environmental protection

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