Action Please By: April 13,1998
To: Members & Subscribers From: National Office Date: March 13, 1998 Reference: RA 98-7
EPA Draft Strategy for Regulating Animal Feeding Operations EPA announced on March 5 its draft strategy to regulate large livestock farms by requiring permits and inspections to keep manure out of rivers and streams. The draft strategy applies Clean Water Act authority to animal feeding operations (AFOs) that raise animals in factory-like confinement farms which produce large amounts of waste but have heretofore been exempt from many of the pollution controls that apply to industry and POTWs. Existing regulatory definitions of AFOs and Concentrated AFOs (CAFOs) are given at 40 CFR 122.23 and Part 122, Appendix B. The draft AFO Strategy provides a blueprint of specific short and longer term activities that EPA will take to substantially expand existing efforts to minimize the environmental and public health impacts of AFOs.
To meet this goal, EPA will: expand compliance/enforcement efforts; focus on priority watersheds; improve Clean Water Act permits; revise existing regulations; and increase EPA/USDA coordination. In addition to these specific principles, EPA will continue to work with USDA and other partners to promote research related to AFO issues; work with industry to promote voluntary efforts to reduce the environmental impacts of AFOs; define performance measures and track progress in meeting goals; and continue active communication with the agriculture community and citizens.
EPA's plan includes a long list of proposals that would gradually tighten restrictions on farms over the next seven years, requiring farms to obtain permits to produce waste, develop plans to properly dispose of it and undergo inspections to insure they are following through. The permits would apply for any farm with more than 1,000 animal units which EPA defines as either 1,000 cattle, 2,500 swine, or 100,000 laying hens. In addition, regulators could require permits for smaller farms that have a history of pollution or are located in environmentally sensitive areas. Last summer, for example, outbreaks of Pfiesteria piscicida in the Chesapeake Bay killed fish and sickened people and were blamed in large part to runoff from these unregulated operations. EPA plans to distribute the draft strategy to a wide range of stakeholder groups for their input in developing the final strategy. Furthermore, the strategy may be revised to reflect USDA's and EPA's coordinated efforts to develop a unified national strategy as called for in the Clean Water Action Plan: Restoring and Protecting America's Waters (see Regulatory Alerts 98-3 and 98-5 )
The range of specific activities that EPA will implement to accomplish goals and objectives are listed below and described in more detail in the strategy:
AFO Strategy Components
Communication and Coordination Activities
- Stakeholder Coordination
- Discussions with Agriculture
- Compliance Fact Sheets
Research and Development Efforts and Innovative Approaches
- Research Technical and Economic Issues
- Recognize Successful and Innovative Approaches
- Distribute Cumulative Risk Index Analysis
- Evaluate Modification of Animal Diets
Data Collection Activities
- Collect Data for Targeting Strategies
- Better Understand Pollutant Loads
- Develop Profiles of State Program Activities
CAFO Compliance and Enforcement Activities
- Complete Inspections of CAFOs
- Develop State Specific Strategies
- Develop CAFO Inspector Guidance and Training
- Implement Strategic Enforcement Initiative
- Create Model Administrative Order
- Prepare Elements of Proof Manual
Regulatory Review and Implementation Activities
- Improve Current Permitting
- Develop Targeting Strategies
- Revise Existing Feedlots Effluent Guidelines (40 CFR 412)
- Revise NPDES Regulations (40 CFR 122)
- Explore Existing Authority to Provide Greater Environmental Protection
- Develop CAFO Module for Permit Writers Training
- Review State Programs and Coordination
Voluntary Program Review and Implementation Activities
- Review Voluntary Programs
- Expand Partnership Activities with USDA
- Promote Voluntary Efforts
Performance Measurement Activities
- Determine Quantitative and Qualitative Goals and Measurement Techniques
- Establish Baseline for AFOs and Associated Environmental and Public Health Impacts
Comments are due back to AMSA's National Office by April 13 and can be mailed, FAXed or emailed to Sam Hadeed at shadeed@amsa-cleanwater.org.
ATTACHMENT: EPA Draft Strategy for Regulating Animal Feeding Operations