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New environmental standards for livestock farms released
Wilson County News
November 11, 2008 | Comment on this article
Farmers and ranchers who use manure to fertilize their lands may have to obtain a permit to discharge the manure onto the land. This follows a ruling released Oct. 31 by the Environmental Protection Agency (EPA) regarding concentrated animal-feeding operations (CAFOs).
Prior to the new changes, large feedlots were required to obtain a permit. Now the phrase in the discharge regulation is changed from “proposed” to “proposed to discharge and get into the water,” which would now come under the Clean Water Act.
The EPA regulates concentrated animal-feeding operations, and presently regulates a relatively small number. A feedlot or confined area is described as an area where animals are confined for 45 days of the year. A pasture is excluded from this definition.
With the new ruling, three sizes of feeding operations are being classified, large, medium, and small, based on the size of the operation (number of animals in confinement).
A feeding operation is considered to be medium-sized if it has a manmade ditch or pipe that carries manure or wasterwater to surface water, or the animals come into contact with surface water that passes through the area where the animals are confined. If a confinement area contains 300 to 999 cattle or cow and calf pairs, it would be considered a medium-sized feeding operation.
Small operations, those with fewer than 300 head of cattle, although never defined before, may now be designated as a CAFO on a case-by-case basis.
The new ruling will allow the permitting authority to designate an area as a medium-sized or small-sized facility if an operation is found to be a significant contributor of pollutants, according to the EPA Web site.
For the complete chart, which includes dairy, swine, horses, sheep, and poultry, visit http://www.epa.gov/npdes/pubs/sector_table.pdf.
Permit process
The permit process will require, for the first time, a nutrient-management plan. To obtain this plan, an engineer and technician advisor are needed to acquire the necessary data. (See accompanying sidebar for the complete list.)
After the plan has been submitted to the state for review, the public gets to review the plan and a public hearing will be held.
If an owner or operator actually discharges pollution into a body of water, a permit must be applied for under the Clean Water Act.
The EPA is allowing those who do not discharge or propose to discharge to obtain certification as “zero dischargers.” This will also require a nutrient-management plan. If an accident should occur, the party will not be held liable for failure. But after the first incident, the parties will lose their certification as a “zero discharger.”
Those in violation of the Clean Water Act permit are subject to a $32,500 fine per day. After the Feb. 27 grace period, a “double liability” fine can be assessed to violators who have no permit and are liable for the discharge.
The ruling can be traced back to 2003. In March 2003, a federal court of appeals ruled in the Waterkeeper Alliance et al. v. EPA case. Those involved in the Waterkeeper case, Waterkeeper Alliance, the Sierra Club, and the Natural Resource Defense Council, won, which led to more EPA regulations that are being implemented today.
The rule deadline for newly defined facilities to apply for permits is Feb. 27, 2009.
Basic components of a nutrient management plan:
•An aerial photograph or map, and a soil map of the field.
•A current or planned (or a combination of both) crop production sequence or crop rotation.
•Results of soil, plant, water, manure, or organic byproduct sample analysis.
•Realistic yield potential for crops in the rotation.
•A listing of all nutrient sources.
•Recommended nutrient rates, timing, form, and method of application including incorporation timing for the time period of the plan.
•Location of designated sensitive areas or resources and the associated nutrient-management restriction.
•Guidance for implementation, operation, maintenance, record keeping, and complete field-by-field nutrient budget for nitrogen, phosphorus, and potassium for the rotation or crop sequence.
•A statement that the plan was developed based on current standards and any applicable federal, state, or local regulations or policies; that changes in any of these requirements may necessitate a revision of the plan.
Source: Iowa’s State University Extension Web site
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