2008 CAFO Roundtable

October 16,2008 Thomas W. Easterly, P.E., DEE, QEP Commissioner, Indiana Department of Environmental Management

Welcome to Indiana and the 2008 CAFO Roundtable

 Welcome to Indianapolis  Wednesday’s Egg Farm tour  Indiana is both urban and rural  Well managed animal feeding operations provide opportunities to our rural communities 2

My Pre-IDEM Background

 Over 30 yrs as an Environmental Professional  12 yrs Environmental Engineer for the New York State Department of Environmental Conservation  13+ yrs as an environmental manager in the Steel industry  2+ yrs as an environmental manager in the regulated gas and electric utility industry  Environmental consultant 3

Mission and Environmental Goal

IDEM’s mission is to implement federal and state regulations to protect human health and the environment while allowing the environmentally sound operations of industrial, agricultural, commercial and government activities vital to a prosperous economy.

IDEM’s goal is to increase the personal income of all Hoosiers to the national average while maintaining and improving Indiana’s environmental quality.

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Pilot 2006 Environmental Performance Index

 

Yale Center for Environmental Law & Policy

Yale University

Center For International Earth Science Information Network (CFIESIN)

Columbia University  http://www.yale.edu/epi/ 5

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IDEM: Four Environmental Offices

    Office Of Air Quality Office Of Land Quality (CFO/CAFO Program) Office Of Water Quality Office Of Pollution Prevention and Technical Assistance 7

Office of Land Quality

 Water-based programs in our Land Office  CFO/CAFO permitting and compliance  Wastewater haulers & Land Application Permits  Resources in facility design, engineering and geology are shared with other land programs  Solid Waste statutes set minimum inspector levels and provided an opportunity to share resources 8

Office of Pollution Prevention & Technical Assistance

 Voluntary Compliance (CTAP)  Technically part of the Federal Clean Air Act  Indiana extends these assistance opportunities to all regulated programs  Agricultural Liaison  Voluntary beyond-compliance programs  Environmental Stewardship & Clean Community Challenge 9

Indiana Demographics

 Indiana Farms for 2006 – 59,000* * Data from the USDA National Agriculture Statistics Service  Indiana Regulated Farms - 2,211 3.7% of Indiana Farms are Regulated 10

CFO and CAFO Regulatory Program History - Indiana  1971 – Passage of Confined Feeding Control Law (Over 4,000 farms approved in first 20 years)  2000 – All farms required to submit Manure Management Plans (3,200 state approved farms)  March 2002 – Confined Feeding Operations Rule 327 IAC 16 Finalized (2,400 state approved farms)  Currently 2,211 state approved farms (1,555 CFOs, 656 CAFOs) 11

What Make Indiana Unique?

 Indiana has a Confined Feeding Operation Rule (CFO)  CFO Rule contains smaller animal numbers threshold than federal rules  Design standards for Manure Storage Structures  Construction Inspections  New Facility Compliance Assistance Inspections 12

Regulation Basics

 Three types of approvals or permits – CFO approval/permit for smaller farms (state only) – CAFO Program established by U.S. EPA • General NPDES permit, standards set in rules • Individual NPDES permit, standards from rules, but can include provisions that address site specific water quality protections 13

Threshold Number of Animals

Species/Sector

Cattle Dairy Swine Sheep Duck* Chicken (Layers) Turkey * Not in a liquid manure system 300 300 600 600 10,000 30,000 30,000

CFO

1,000 700 2,500 10,000 30,000 82,000 55,000

CAFO

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Synopsis of Currently

Animal Type Swine Beef Dairy Chickens

Regulated Farms

CFO

1,249 164 130 67 # of Regulated Farms

CAFO

477 25 74 92

Total**

1,726 189 204 159 Turkeys Ducks Sheep 137 1 7 15 9 0 152 10 7 Horses 10 2 12 State Total 1,555 656 2,211

**Sums within the “State Total" row for "CFO", "CAFO" and "Total" columns are less than the sum of the actual column because of combination farms.

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Total Number of Animals by Species

Species Total Animals in State # Regulated # Regulated Swine Beef Dairy Chickens Turkeys Ducks Sheep 1971 * 5,020,000 314,000 236,000 39,956,000 No data 228,000 2007 * 3,700,000 110,000 166,000 No data 41,639,896 45,407,004 4,750,000 15,900,000 No data 46,000 Jan 2005 4,055,277 142,987 6,061,540 271,700 * Data from the USDA National Agriculture Statistics Service 54,056 3,337 16 June 2008 5,064,588 51,607 218,915 6,066,440 253,700 3,337

CFO/CAFO Organizational Improvements

 Compliance Assistance Inspections  Formalized routine inspection selection criteria  Automation of the inspection process using digital inspector  Reduced Permitting backlog 17

Results

 Indiana inspections at regulated farm increased by 34% in FY 2008  CFO/CAFOs being inspected once every 5 years on average  Permits being issued within statutory and regulatory timeframes 18

CFO and CAFO Inspections FY 2007 vs. FY 2008

Inspection Reason

Paperwork (CoC) Follow-Up

Number of Inspections 2007

8

Number of Inspections 2008

3 Compliance Assistance Construction Complaint Inspection Follow-Up Inspection Routine Inspection Spill Response Inspection Voidance

Total:

76 124 51 67 212 7 30

580

149 157 28 112 273 6 49

777

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CFO and CAFO Violations FY 2007 vs. FY 2008

Citation (Violation)

Approval and Performance Standards Discharge & Spill Requirements Land Application Records Operating Record Operational Standards Records/Reports

Total Violations Cited: 2007

14 74 206 263 210 11

778 2008

15 46 315 361 252 0

989

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Spill Information

• 3,100 total spills reported to IDEM from Sept. 1, 2007 to Aug. 31, 2008 – 84 Animal Waste Spills • 20 CAFOs • 18 CFOs • 46 unregulated farms 21

Enforcement Actions FY 2007 vs. FY 2008  Notice of Violation Issued 2007 – 12 2008 – 19  Agreed Orders Adopted 2007 – 12 2008 – 19  Preliminary Injunctions 2007 – 1 2008 – 0 22

Challenges

 Large farms becoming larger for economic survival  Small, unregulated farms constitute roughly half of the reported spills/emergency responses in the Ag sector  Public opinion about regulated farms (NIMBY)  Siting and zoning authorities  Good character disclosure laws/bad actors 23

Questions for Informal Discussion

 How are you handling challenges?

 What innovations are happening in your state?

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QUESTIONS?

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