Confined and Concentrated Animal Feeding Permitting Indiana Soybean Alliance December 12, 2006 Confined Feeding, CFOs and CAFOs Confined Feeding (IC 13-11-2-39): Animals fed and maintained.
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Confined and Concentrated Animal Feeding Permitting Indiana Soybean Alliance December 12, 2006 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. 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 (2nd 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 Species Cattle Large Medium** Small** 1,000+ 300 to 999 <300 700+ 200 to 699 <200 Swine 2,500+ 750 to 2,499 <750 Sheep 10,000+ 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 Turkey 55,000+ 16,500 to 54,999 <16,500 Dairy *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) Species Swine 08/2006 01/2005 01/2001 1,709 1,803 2,325 Beef 189 201 299 Dairy 188 201 259 Chickens 153 157 206 Turkeys 148 158 156 Ducks 11 12 16 Sheep 7 7 9 2,179 2,297 2,965 Total Number of Animals Raised in Indiana Species Swine Beef Dairy Chickens Turkeys 08/2006 01/2005 01/2001 4,393,000 4,089,854 4,183,753 53,831 54,056 94,208 169,270 142,987 113,394 43,221,816 41,639,896 41,279,690 5,896,240 6,061,540 5,797,880 Ducks 268,700 271,700 441,200 Sheep 3,337 3,337 3,591 * On CFO and CAFO regulated farms Average Number of Animals per Farm Species Swine 08/2006 01/2005 01/2001 2,571 2,268 1,799 Beef 285 269 315 Dairy 900 711 438 282,496 265,222 200,387 Turkeys 39,839 38,364 37,166 Ducks 24,427 22,642 27,575 Sheep 477 477 399 Chickens * 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 2nd 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