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On December 15, 2000, the administrator of the Environmental Protection Agency signed proposed revisions to the National Pollutant Discharge Elimination System (NPDES) regulations and effluent guidelines for Confined Animal Feeding Operations (CAFOs). The proposal includes several major changes in environmental policy for feedlots. Some of the major changes include the reduction in CAFO size from 1000 animal units (which equals one head in the feedyard) to 500 animal units, as well as the manner in which manure applications are measured "Previously, application rates were measured according to Nitrogen application, for those that followed the Voluntary Best Management Practices," according to Stan Brown, owner of the Brown Bear Corporation that manufactures manure compost equipment. However, the proposed regulations will change manure application levels to be measured by phosphorus content, rather than nitrogen. This would require more ground area, as much as two to three times, to apply the same amount of manure. Additionally, farmers would have to get the remainder of their needed nitrogen from other commercial sources. Brown says that composed manure is exempt from the proposed regulations. Another major change in the proposed regulations affects the way records are maintained in relation to manure land application. "In the past, most farmers did not keep good records. They might apply manure based on a three-year-old soil test, however that's going to change," says Brown. The proposed regulations "require the operator to determine the nutrient needs of the crops based on realistic yields, to sample soil to determine nutrient content and to prohibit operators from applying manure in quantities that exceed the land-application rate," according to an EPA brochure. Setback requirements would also prohibit applying manure and wastewater within 100 feet of surface water. Additionally, CAFOs must maintain records on the amount and destination of manure transferred off-site. "This will dramatically increase the workload in applying manure," says Brown. He believes a farmer will have to certify under threat of punitive damages that he followed the regulations. "The proposed changes really put some bite into following the rules. "These are all federal guidelines," Brown points out."Some states already implement similar guidelines. These proposed rules will not affect those residents much. However, other states will see major changes." According to the EPA, the changes were proposed due to persistent reports that the existing regulatory program for CAFOs does not adequately prevent water pollution. The current regulations are more than 20 years old. According to the EPA, nearly 40 percent of the Nation's surveyed waters are too polluted for fishing or swimming, and the 1998 National Water Quality Inventory states that approximately 60 percent of this pollution in rivers and streams and 45 percent in lakes comes from agricultural sources. The EPA estimates that the proposed regulations will result in compliance costs to CAFO operators of $850 to $940 million per year, depending on which proposals are finalized. These regulations will not become final until December 15, 2002, with the final regulations being published in January 2003. Newly defined CAFOs will not be required to hold permits until three years after final regulations are published (January 2006). Once the proposed regulations are final, the new requirements are immediately in effect for new or reissued permits. The EPA encourages all interested parties to comment on these regulations. The public comment period is open for 120 days. The EPA suggests individuals to contact organizations of which you are a member to find out if the organizations are commenting on the proposed regulations. You can address your comments by email to CAFO.comments@epa.gov, or by mail to: Concentrated Animal Feeding Operation Proposed Rule USEPA Office of Water Engineering and Analysis Division (4303) 1200 Pennsylvania Ave NW Washington, DC 20460 A copy of a brochure explaining the proposed regulations is available by download at http://es.epa.gov/oeca/strategy.html. As of press time, FeedLot magazine had not received any comments from beef industry associations about the proposed regulations. In coming issues, we will examine how a variety of associations view these proposed regulations. |
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