IDEM Update by Commissioner Easterly Indiana Professional Dairy Producers June 4, 2007

IDEM’s Environmental Goal

Increase the personal income of all Hoosiers from the current $0.88/$1.00 of the national average to at least $1.00/$1.00 of the national average while maintaining and improving Indiana’s Environmental Quality.

Pilot 2006 Environmental Performance Index

Yale Center for Environmental Law & Policy

Yale University

Center for International Earth Science Information Network (CIESIN)

Columbia University

http://www.yale.edu/epi/

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General Agricultural Issues

Ryan Westerfeld is IDEM’s Agricultural Liaison 317-232-8587    EPA CAFO Rule Status—Proposed extension of deadlines to February 2009 New IN Environmental Criminal Laws (SB 286) The 2007 Legislature Considered, but did not pass a number of CAFO Bills including:    3 Year Moratorium Increased Fees, Increased Inspections, Increased Notification, Good Character, OISC Shall regulate Nutrient Application Preemption Language

IDEM Regulates Confined Feeding: CFOs and CAFOs

  Confined Feeding (IC 13-11-2-39) :   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 13-11-2-40)    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.

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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 EPA could not regulate based on the “potential” for a facility to have a discharge nd Circuit) found that EPA will change the CAFO regulatory requirements to comply with the court ruling—target is now February 2009.

CAFO – Size Definitions

Species Cattle Dairy Swine Sheep Duck* Large 1,000+ 700+ 2,500+ 10,000+ Medium** 300 to 999 200 to 699 750 to 2,499 3,000 to 9,999 Small** <300 <200 <750 <3,000 30,000+ 10,000 to 29,999 <10,000 Chicken* 82,000+ 25,000 to 81,999 <25,000 Turkey 55,000+ 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 625 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 Numerous Recent Legal Challenges to IDEM’s CAFO Permits

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)

2,500 2,000 1,500 1,000 500 0 2001 Swine Dairy/Beef Poultry 2003 2005

Number of Animals Raised in Indiana

200,000 150,000 100,000 50,000 0 2001 Beef Dairy 2002 2003 2004 2005 2006 2007 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 Swine 2001 2002 2003 2004 2005 2006 2007 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 Turkeys 2001 2002 2003 2004 2005 2006 2007 50,000,000 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 0 Chickens 2001 2002 2003 2004 2005 2006 2007

IDEM Today

  CFO permits are issued on average at 71 calendar days, 90 permit days is the statutory limit IDEM is using a compliance assistance approach to help producers understand their environmental responsibilities in response to regulatory changes In 2006 198 Applications Received CAFO 124 90 32 2 Approvals Pending CFO 74 54 13 Withdrawn 7

IDEM’s Regulatory Program

    IDEM’s regulations protect human health and 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    No evidence that CAFO’s emit enough air pollution to require regulation as air pollution sources ISDA task force on odors U.S.EPA study on air pollution emissions 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 Increased Number of Inspectors Continued Inspector Training

CFO/CAFO Program Financials

       CAFO/CFO – 25 staff (17 FTEs) Fee Revenue: $42,000 Current program expenses: $1,200,000 Annual Number of permits issued: 121 Annual Number of Permit renewals: 435 Annual Number of Inspections: 1000 2007 Legislature did appropriate $450,000 per year to better fund the program

Summary Comments

    CFO/CAFO Regulation is evolving IDEM is working with ISDA and U.S. EPA to develop sensible regulatory approaches to agricultural production and processing Indiana’s farmers have always been concerned about the environment and the vast majority are good stewards of the environment A strong economy means farms that are better able to provide excellent environmental protection

Questions?

Tom Easterly 100 N. Senate Ave. IGCN 1301 Indianapolis, IN 46204 (317) 232-8611 Fax (317) 233-6647 [email protected]