Hog-Waste Hurricanes: Extreme Weather Events and the need for stronger regulations in North Carolina CAFOs Kelly Hanna

Overview IA. WHAT ARE CAFOS? IB. HURRICANES IN NORTH CAROLINA Qualifications CAFOs in North Carolina Threats to water security IB. HURRICANES IN NORTH CAROLINA Previous destruction Recent destruction from Hurricane Florence Threat of increased hurricanes thanks to climate change II. CURRENT CAFO REGULATIONS III. PROPOSED REGULATIONS

Concentrated Animal Feeding Operation CAFO: Concentrated Animal Feeding Operation Provide 99% of animal products to Americans Facility housing the following 2,500 hogs 1,000 cattle 700 dairy cows Or 125,000 chickens

North Carolina: CAFOs are the norm. Second-largest hog-farming industry in the U.S. Generates $3 billion annually To be exact: With 2,300 hog CAFOs throughout the state, NC has more than 9 million hogs Almost 4,000 hogs per farm

Where does all of the waste go?

Waste-Water Lagoons: A Threat to Water Security NC utilizes over 4,000 lagoons 170 are located within the state’s 100-year floodplain 136 are located within a half mile of public water wells 10 billion gallons of wet waste is produced annually Unlined pits

Most CAFOs fall within state’s largest river basin

What happens to lagoons during flooding? Overtopping and Breaching Contaminants and volatile compounds released when overtopping occurs: Phosphorus, ammonia, nitrogen, pathogens, sulfides, methane, hormones, and antibiotics Water Contamination poses a variety of threats No longer potable Increased nutrients in the water leads to eutrophication HABs can take a toll on fish stocks and other species populations Increased antibiotic resistance and weakened human immune systems Largest source of ammonia

Studies show that flooding events are going to increase as a consequence of climate change. NOAA predicts a 20% increase of category 3, 4, and 5 storms by the end of the century.

Hurricanes in North Carolina 79 tropical or subtropical cyclones; 37 deaths; $3 billion worth of damage 1950-1979: 1980-2017: 120 tropical or subtropical cyclones; 77 direct casualties; $10 billion worth of damage

Hurricane Florence: a new level of destruction Category 4 Over $22 billion in damages thus far CPF was 25 feet above flood level Over 110 overtopped lagoons 2.2 million gallons of waste water released into surrounding ecosystems

The Role of Climate Change Increased global temperatures leads to: Higher evaporation rates Increased surface water temperature Hurricanes draw energy from atmospheric moisture and surface water. Weakened jet stream changes atmospheric blocking patters, allowing for longer storm duration.

EXISTING REGULATIONS 1. Clean Water Act 2. Relocation of CAFOs 3. Clean Air Act

Clean Water Act (CWA) Required to receive a permit under NPDES system Sets standard for TMDL into water bodies Only for large CAFOs Broad exemption for storm water runoff Statewide initiative for a program that buys CAFOs and relocates them away from the floodplain

Clean Air Act (CAA) Regulates major sources of air emissions only Pushback from the industry has allowed leniency Agricultural exemption from Title V Combatting air emissions does not necessarily equate to combating lagoons. CAA: EPA to establish national ambient air quality standards based on the latest science, and requires states to adopt enforceable plans to achieve the standards. Title V permits are operating permits issued by permitting authorities to air pollution sources after the source has begun to operate. Title V permits record in one document all of the air pollution control requirements that apply to the source, and require the source to certify each year whether or not it has met the requirements of its permit. Treating the air as it leaves the building with biofilters can reduce dust and odors by 90%

PROPOSED REGULATIONS 1. Nuisance Cases 2. Amend the Clean Water Act 3. Incentivize Anaerobic Digesters

Some nuisance claims regarding spray-fields have seen success McKiver, et al. v. Murphy-Brown LLC Jacobs, et al. v. Murphy-Brown LLC ($473mil to 500 plaintiffs) Eliminate or amend right-to-farm laws so corporations are not so heavily favored. In addition, only people living within half a mile of a farm can file such lawsuits. And they must act within a year of a farming operation starting or undergoing a “fundamental” change. Existing state right-to-farm law says changes in ownership, size or what’s produced on a farm do not qualify as fundamental changes.

Eliminate the storm water exemption in the CWA. CAFOs could be held liable for damage comparable to municipality liability for sewage backup Would achieve same nuisance claim success of monetary reward and negative publicity Could inspire CAFOs to turn to alternative waste disposal… caused by the negligence of the entity charged with operating the local sewer system. Governmental entity usually claims that the event happened randomly or as some “act of god” but many times, The sewage backup occurs as a result of holes or cross connections that allow rainwater to enter the relatively small sanitary sewer system which causes pressure and surcharging and ultimately leads to a sewage backup.

State government should incentivize anaerobic digesters for existing facilities and require them in future facilities. INCENTIVES IN THE FORM OF TAX CREDITS How it works: closed space free of oxygen; microbes break down material Biogas is a renewable, as well as a clean, source of energy. Gas generated through biodigestion is non-polluting; it actually reduces greenhouse emissions (i.e. reduces the greenhouse effect). No combustion takes place in the process, meaning there is zero emission of greenhouse gasses to the atmosphere; therefore, using gas from waste as a form of energy is actually a great way to combat global warming.

Eliminates need for over 14 lagoons Prevents emission of 73,000 tons of methane annually USING AD WILL LAREGLY ELIMINATE THE NEED FORNATURAL GAS COMBUSTION AS AN ENERGY SOURCE LESSENS GHG EMISSIONS NO NEED FOR DRILLING/TRANSPORTATION Accounts for 14 CAFOs and 13,500 cows Powers over 3,000 homes

Thank you!