EMS in Agriculture and Agribusiness - United Egg Producers XL Project

Clean Water Regs are Changing New EPA rules will require states to issue NPDES permits for poultry & egg production (as well as dairy, beef, hogs) Rules authorize states to issue general permits to majority of CAFOs But rules expect states to issue individual permits for “exceptionally large” CAFOs, or those with significant public concern

XL Option for Egg Producers Egg industry dominated by 318 companies, mostly family owned, but large CAFOs Produce 75 billion eggs/year at a total of about 500 farms in 25 states New CAFO regs would require negotiating individual permits for each farm, each state Teamwork produced a regulatory option that is effective years before new CAFO regs

XL Workgroup EPA (Headquarters, Regions V, VI, X) USDA (NRCS) State DNRs (IL, MN, CO, OH) UEP + egg producers (NC, WI, IN, IL) NGOs (ELI, IEI) Capitolink consultants Endorsed by ASIWPCA, NRCS, lawmakers FPA signed by EPA October 25, 2000

CAFO Egg Producers EMS Permit On-Farm Assessment Planning, BMPs, Records, Public Notice 3rd Party Audit of EMS Risk Reduction, Public Acceptance XL Adds:

What the XL is All About States may choose to participate Few costs for states to participate Detailed guidance: EMS, audit, general permit Auditor certification and protocol EPA approved Audits funded by congressional authorizations Egg producers implement an approved EMS Annual audits verify EMS is implemented Alternative is more costly individual permits

Benefits of an EMS Reduce accidents Improve cost control Reduce possible liability Lower insurance rates Satisfy lenders/investors Improve public relations Improve regulatory status Qualify for general permit

XL is a Progressive Option EMS is a “cookbook for avoiding & dealing with problems” 3rd-party audit & public notification reduces issues General permits save state resources & producer $

An Egg Producer’s EMS Pledge to follow a code of good practices Develop environmental objectives and plans Share these with neighbors and public Establish management systems for anticipating problems & avoiding mistakes Delegate authority but retain responsibility Implement all critical management programs* Review progress regularly & adjust as needed Keep proper records and document efforts

Critical Management Programs* All animal water must be in closed systems Maintain fly, rodent control programs Maintain dead bird disposal program Maintain odor management program Maintain preventative maintenance program Maintain emergency response program Use CNMP to land apply manure/compost Maintain communications with public

Third-Party Audits Necessary to qualify Annual thereafter Comprehensive Becomes public when audit is successful Failed audits remain confidential Currently are free

Linking the EMS & Permit Producers interact with the public for EMS Once 3rd-party audit is done, producers will publish notice in local newspaper and give notice to key local stakeholders Information on audit results is then sent to state and posted on website along with NOI Information about the EMS, audit and general permit are public documents

What’s in the General Permit?? Developed by EPA Office of Water Requires continual implementation of EMS Consistent with new CAFO regulations Requires CNMPs for all land application Requires recordkeeping, manure testing Prohibits abandonment of lagoons, houses Includes statutory enforcement authorities

Role of UEP & Capitolink Urge states to adopt XL Publish educational materials for members Conduct workshops Help producers upgrade facilities and practices Help off-site manure users Monitor XL effectiveness Produce XL reports