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Concentrated
Animal Feeding Operations
Swine
Producers and the Status of EPA CAFO Rule
BACKGROUND
- The
Concentrated Animal Feeding Operation (CAFO) Rule was proposed
by the Clinton Administration on January 12, 2001
- The
rule is part of the federal Clean Water Act, and addresses
two main areas:
- Who
must get National Pollution Discharge Elimination System
(NPDES) permits under the Clean Water Act program, and
other critical process details?
- What
performance standard will be used by permit writers
to judge the acceptability of the manure management
technology that will be used by producers?
- The
January 2001 Proposed Rule held that:
- Permits
would be required for all CAFOs, whether or not they
had a potential to discharge
- Swine
producers would be required to have facilities that
meet a "zero- discharge" standard, which prohibits
any waste or wastewater discharge under rainfall events
of all sizes
- Integrators
would be required to obtain co-permits with their contract
growers
- Producers
would be required to have a CNMP
- 3rd
party users of manure would be required to certify that
they were properly using the manure (i.e. according
to a CNMP)
- Many
other items
- Nearly
12,000 comments were filed
EXPECTATIONS
FOR FINAL RULE
- NPPC
anticipates that the Final Rule will NOT include:
- The
co-permitting provisions
- 3rd
party users certifying their proper use of manure
- A
"zero-discharge" standard for existing swine
operations
- NPPC
anticipates that the Final Rule WILL include:
- Permits
(either General or Individual) for all CAFOs
- Mandatory
use of CNMPs, including the use of the Phosphorous Index
or similar tool that could lead to use of a P-standard
for manure application under certain circumstances
SCHEDULE
FOR IMPLEMENTAION
- Final
Rule to be issued on December 13, 2002
- EPA
issues their guidance to states for the implementation of
the Rule by mid-2003
- States
will be given 1 to 2 years to incorporate the new Rule's
requirements into their state programs
- Producers
seeking to renew permits after 2004 or 2005 will have to
meet these new requirements
- Brand
new CAFOs coming into existence since the PROPOSED Rule
was issued on January 12, 2001 will be expected to meet
the new Rule's requirements.
HELPING SWINE PRODUCERS PREPARE
- Swine
CAFO operators that do not have one should consider getting
an On-Farm Assessment and Environmental Review (OFAER)
- An
OFAER assessment is an invaluable tool to help producers
identify and plan for addressing any outstanding critical
swine waste management issues on their farms
- Swine
CAFO Operators should work with NPPC or their state associations
to obtain a CNMP as soon as possible, and to prepare for
the actual CNMP planning process - for example, producers
can really speed up the process if they have current:
- Soil
tests and manure tests
- Soil
maps and farm surveys
- Updated
erosion control plans and practices
- Preventative
maintenance and emergency preparedness documentation
- The
2002 Farm Bill's EQIP program includes a major increase
in funds to help swine and other livestock producers of
all sizes (including CAFOs)
- Prepare
CNMPs
- Implement
CNMPs
- Swine
CAFO Operators should begin to make plans for participating
in EQIP to help defray some of these costs
Links
Environmental
Protection Agency
http://www.epa.gov/OW-OWM.html/pdfs/cafonoda.pdf
http://cfpub.epa.gov/npdes/home.cfm?program_id=7
Natural
Resources Conservation Service
http://www.nrcs.usda.gov/programs/afo/
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