Confined and Concentrated Animal Feeding Permitting Indiana Soybean Alliance December 12, 2006
Confined Feeding, CFOs and CAFOs Confined Feeding (IC ) : Animals fed and maintained at least 45 days in any 12 month period and Vegetation covers less than 50% of confinement area Confined Feeding may be: Exempt from regulation due to size. Regulated as a CFO (Confined Feeding Operation) under State Law. Regulated as a CAFO (Concentrated Animal Feeding Operation) through IDEM’s Administration of Federal Regulations.
Confined Feeding, CFOs and CAFOs Confined Feeding Operation (CFO) laws apply to any person who owns, operates, designs, constructs or closes a permitted site Minimum number of animals to become a CFO (IC ) Cattle – 300 Swine & Sheep – 600 Fowl – 30,000 Smaller operators may elect to be permitted as a CFO Smaller operators that violate water quality standards may be required to become permitted as a CFO
CFO – Nutrient Management Manure storage facilities must be structurally sound and provide at least 6 months storage capacity Must demonstrate access to sufficient acreage suitable for land application Land application is based upon agronomic rate calculations including: The nutrient needs of crops to be grown The nutrient levels in the manure and commercial fertilizer Soil nutrient levels
CFO – Permit Requirements Record keeping IDEM Facility Inspections – on site Monitoring equipment Waste management systems Farm practices Sampling Adherence to the permit terms Enforcement IDEM CFO’s and CAFO’s are regulated as “zero discharge” facilities CFO Permits are not federally enforceable.
Concentrated Animal Feeding Operations - CAFO Animal Feeding Operations where large numbers of animals are fed and raised on a small plot of land rather than grazed EPA considers CAFOs a potential point source of pollution and requires them to obtain an NPDES because of the potential for waste to enter waters of the U.S. through accidental discharges A recent US court decision (2 nd Circuit) found that EPA could not regulate based on the “potential” for a facility to have a discharge EPA will change the CAFO regulatory requirements to comply with the court ruling
CAFO – Size Definitions SpeciesLargeMedium**Small** Cattle1, to 999<300 Dairy to 699<200 Swine2, to 2,499<750 Sheep10,000+3,000 to 9,999<3,000 Duck*30,000+10,000 to 29,999<10,000 Chicken*82,000+25,000 to 81,999<25,000 Turkey55,000+16,500 to 54,999<16,500 *not a liquid manure system **regulated if they have discharged into waters of the US
CAFOs There are currently 575 CAFOs in Indiana CAFOs produce approximately 80 percent of the animals from regulated farms IDEM is EPA’s CAFO permitting authority in Indiana CAFOs are subject to more regulatory requirements than CFOs CAFO environmental requirements may be enforced by EPA and private citizens
Compliance Inspections IDEM has 16 CAFO/CFO Inspectors These inspectors are also responsible for landfills, transfer stations, open dumps, and tire processors Trained in various aspects specific to CAFOs/CFOs, such as nutrient management calculations Changing Inspection Focus Inspections becoming more complex Assistance Inspections for new facilities and/or significant new requirements For new CAFOs, one or two inspections during construction, an assistance inspection within six months of start-up and a formal inspection six months later Biosecurity Issues
Number of Farms (CFO & CAFO) Species08/200601/200501/2001 Swine1,7091,8032,325 Beef Dairy Chickens Turkeys Ducks Sheep779 Total2,1792,2972,965
Number of Animals Raised in Indiana Species08/200601/200501/2001 Swine4,393,0004,089,8544,183,753 Beef53,83154,05694,208 Dairy169,270142,987113,394 Chickens43,221,81641,639,89641,279,690 Turkeys5,896,2406,061,5405,797,880 Ducks268,700271,700441,200 Sheep3,337 3,591 * On CFO and CAFO regulated farms
Average Number of Animals per Farm Species08/200601/200501/2001 Swine2,5712,2681,799 Beef Dairy Chickens282,496265,222200,387 Turkeys39,83938,36437,166 Ducks24,42722,64227,575 Sheep * On CFO and CAFO regulated farms
IDEM Today CFO permits are issued on average at 71 calendar days, 90 permit days is the statutory limit IDEM is continuing to look for ways to improve permit turn-around IDEM is using a compliance assistance approach to help producers understand their environmental responsibilities in response to regulatory changes
IDEM Today Regulations do protect the environment Illegal discharges and permit violations result in enforcement actions IDEM is receptive to considering best practices and alternatives to traditional land application Joining ISDA in examining fragmented State regulatory structure ISDA, IDEM, Office of State Chemist, Board of Animal Health
Unresolved CFO & CAFO Issues Odor management & Air Pollution ISDA task force U.S.EPA study Local zoning and planning Suburbs encroaching upon farms Environmental regulation addresses the question: “Is human health and the environment protected?” IDEM does not address local land use issues Continued Inspector Training Incentive for good performers 2 nd Circuit Court Ruling—EPA Final Rule “soon”
Summary Comments CFO/CAFO Regulation is evolving IDEM is working in conjunction with ISDA and U.S. EPA for sensible approaches to agricultural production and processing Farm community has always been concerned about the environment Strong economy means better environmental protection