CAFO Regulations Revisited by USEPA
By John Lory, Commercial Agriculture Program and Plant Science Division

The USEPA released for review proposed revisions to national regulations for concentrated animal feeding operations (CAFOs). This is the most recent step in a protracted effort to revise water quality rules that date back to the 1970s. The newest proposed revisions will fuel the continuing controversy on how to regulate animal feeding operations in the US.

The USEPA approved revisions to the rule in 2003 but the changes were challenged in court by both agricultural and environmental organizations. Most of the 2003 revisions were upheld but the 2nd Circuit Court of Appeals ruled against USEPA on a number of key points. The recently released proposed changes are an attempt by USEPA to address the issues raised in the 2005 court decision.

The most controversial element of the newest proposal is USEPA’s assertion that essentially all animal feeding operations must develop a phosphorus-based nutrient management plan. USEPA expands on its assertion that farmers only qualify for the agricultural runoff exemption if they have a nutrient management plan and can document through record keeping they are following the plan. Based on this assertion, USEPA expects all operations to implement plans that meet the regulatory standard, or potentially, the stricter Natural Resource Conservation Service (NRCS) comprehensive nutrient management plan (CNMP) standard.

The assertion a farmer can invalidate the agricultural storm water exemption by over-applying fertilizer and/or failing to meet other “agricultural standards” on fields that receive manure could ultimately have implications for farmers that only use commercial fertilizer. This philosophy could be used to regulate fertilizer applications in future efforts to regulate agricultural water quality.

THE PROPOSED REVISIONS ALSO ADDRESS TOPICS SUCH AS:

• How to incorporate the nutrient management plan into a general permit. The rule establishes procedures for public comment on nutrient management plans under the general permit.
• Design criteria for manure storages for new operations. It seeks to establish a "zero discharge" requirement for new swine, poultry and veal operations. This controversial proposal will reduce the regulatory viability of lagoons and other open storages.
• Clarification of the standards for pathogen control.

If adopted, the proposed rule changes will fundamentally change the national philosophy used to regulate most animal feeding operations. Once the national rule is adopted, Missouri will need to revisit its regulations and change them to meet requirements of the new national rules.

Comments on the proposed changes will be accepted by USEPA for 45 days after the rule is officially posted in the Federal Register. The posting date will likely be July 3, 2006 which will allow comments through mid August.

USEPA will have a public listening session on the proposed rule; the closest to Missouri will be in Ames IA on July 25, 2006.

For more information on the proposed rules visit the USEPA Website http://cfpub.epa.gov/npdes/afo/aforule.cfm. These above observations are based on a preliminary reading of the proposed rule. Monitor publications and websites of commodity groups, Universities, agencies and other interested parties for more information on the proposed rules and their potential impact on your farm.

John Lory
Commercial Agriculture Program and Plant Science Division
573-884-7815