As the Environmental Protection Agency rewrites rules for concentrated animal feeding operations, or CAFOs, which are due out in December, Jean-Mari Peltier, EPA agricultural advisor, admits that there are big differences from state to state.

The initial CAFO rules were written in 1974, and the industry has changed since then.

"There has been a tremendous concentration in the industry," she said. "The tendency is moving toward larger operations over smaller geographic areas. Ownership is different."

There are issues concerning manure application to land and whether the land is adequate to allow for distribution of nutrients.

One of the issues is the inconsistency in the application of existing CAFO rules across the states, Peltier said.

She said there are 16 states with delegated authority that have never issued a National Pollution Discharge Elimination System, or NPDES, permit. Some states have a sophisticated program for regulation of CAFOs. Some states are fully implementing their permitting programs while others, she said, are not.

There are more than 15 pending suits across the country that have been brought by individuals against concentrated animal feeding operations.

Consequently, EPA is reviewing both the permitting aspect and the effluent limitation guideline component of the rule.

"We have decided that we are going to issue those two rules simultaneously in December of this year," Peltier said.

Peltier said EPA is working on 19 individual management decisions that have to be dealt with, including who applies for a permit, lowering or not lowering the threshold for concentrated animal feeding operations, co-permitting operations, ground water issues, storm water exemptions and nutrient management plans.

She said there is a question whether the nutrient management plan should be part of the permit or part of a separate process. There is also a question about the zero discharge standard. The final rule, she said, will be published by Dec. 15. The EPA is under a court order to meet that deadline.

Feedyard managers are waiting to see whether those rules will include a nutrient management plan and at what level. Would such a rule include application of manure to surrounding farm land? How much information in such a plan would be public and how much could be considered confidential business information? Who would monitor such plans?

Peltier said the EPA may rely on the private sector, such as the American Society of Agronomy or the National Association of Independent Crop Consultants, to certify such programs.

But there is also a question of flexibility. EPA rules allow each state to implement a program for the geography of the state.

State flexibility is a goal of EPA Administrator Christine Whitman, Peltier said. The question is how to ensure that flexibility and still meet clean air and clean water standards.

When people talk about state flexibility, Peltier said, are they talking about CAFOs with more than 1,000 animals, which are already supposed to be covered by NPDES permits nationwide? But there are also people talking about providing some other type of flexibility for operations that fall between 300 and 1,000 animal units.

Behind much of this is the reported increase in applying manure to farm land not owned by the feedyard. There are some studies cited by the U.S. Department of Agriculture that say excess nitrogen and phosphorus have increased on land by 50 percent between 1982 and 1997.

Peltier said EPA is also faced with issues concerning liners in retention ponds and lagoons.

She said EPA's office of air and radiation has been working on air emissions at some concentrated animal feeding operations.

By and large, she acknowledges, people have been concerned that the data that has been developed thus far by EPA is inadequate and that EPA's evaluation of some CAFOs leaves a lot to be desired.

EPA, however, has called on the National Academy of Sciences for advice on measuring emission, on amortizing best management practices and associated costs and on the effectiveness they have on reducing emissions. A final report from them is due Nov. 1.

Peltier said EPA hopes to coordinate their water and air rules so they come out at the same time. ©