Will the Revised CAFO Rules Impact You

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Will the Revised CAFO Rules Impact You?

• Commercial Agriculture Manure Team

John Lory, Nutrient Management Specialist Ray
Massey, Crops and Swine Economist Amy Millmier,
Agricultural Engineer Joe Zulovich, Agricultural
Engineer Charles Fulhage, Agricultural
Engineer Chris Boessen, Crops and Swine
Economist Marcia Carlson Shannon, Animal
Scientist Tom Fangman, Veterinary Swine Extension
Specialist Rex Ricketts, Coordinator, Commercial
Agriculture Program
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Outline

• A brief history
• USEPAs objectives
• Key elements of the revised rule
• What was proposed?
• Resources for implementation

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A Little History

• 1972
• Passage of the Clean Water Act
• to restore and maintain the chemical, physical
  and biological integrity of the nations waters.
• 1974 to 1976
• Original CAFO rules implemented based on the
  Clean Water Act.

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A Little History

• 12-15-2000
• USEPA proposes changes to CAFO rules.
• 12-15-2002
• Revised rule released.

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How Missouri CAFOs are regulated

• USEPA
• Sets national standards under the Clean Water
  Act.
• Delegates state agencies to implement rules.
• Monitor state programs to insure they meet or
  exceed national standards.

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How Missouri CAFOs are regulated

• MDNR
• Delegated in Missouri to implement CAFO rules.
• Interprets national rule for Missouri conditions.
• Implements CAFO rule in Missouri.
• State requirements can be more comprehensive.

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What was changed?

• Revised 2 sections of the Federal Regulations
• National Pollutant Discharge Elimination System
  (NPDES) permit
• Your permit is based on this regulation.
• Effluent Limitations Guidelines and Standards
  (ELGs)
• Defines the standards you must meet in your
  permit.

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Looking into the future

• Missouri has 1 to 2 years to change its rules to
  meet revised standards.
• Proposed changes will go through a pubic review
  process.

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Guiding principles

• Simplicity and clarity
• Clearly define who is covered and what they must
  do.
• Emphasis on large CAFOs
• Flexibility for states
• Sound nutrient management planning

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Guiding principles

• EPA will regulate only a small fraction of animal
  operations.
• These operations produce more than 50 of the
  manure.
• Voluntary comprehensive nutrient management
  planning will address water quality concerns on
  most animal operations.

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Key elements of the revised rule

• Who needs a permit?
• Manure storage requirements.
• Nutrient management plans.
• Phosphorus rule.

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Who needs a permit?

• If you do not have a permit under
• current Missouri rules
• it is unlikely you will need a
• permit under the revised rules.

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Who needs a permit?

• Only minor changes in how Missouri will define
  who needs a permit.

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CAFOs size Revised federal rule similar to
current MO rule
Animal class Revised rule Current MO rule Cattle
or cow-calf pairs 1,000 or more 1,000
or more Mature dairy cattle 700 or more
700 or more Heifers 1,000 or more
700 or more Pigs over 55 lbs 2,500
or more 2,500 or more Pigs less than 55
lbs 10,000 or more 15,000 or more
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CAFOs size Revised federal rule similar to
current MO rule
Animal class Revised rule Current MO
rule Turkeys 55,000 or more 55,000 or
more Chickens - dry systems Broilers 125,000
or more 100,000 or more Laying hens 60,000
or more 30,000 or more Chickens - wet
systems Laying hens 30,000 or more 30,000 or
more
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Smaller operations can be designated as needing a
permit

• Missouri rule unchanged
• On-site inspection determines if an operation is
  a significant source of pollution.
• Small operations have opportunity to correct a
  problem to avoid permit.

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Who needs a permit?

• If you do not have a permit under
• current Missouri rules
• it is unlikely you will need a
• permit under the revised rules.

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When do new rules affect me?Existing permitted
operations

• Most existing operations will have until 2006 to
  implement new rule.
• The expiration date on your current permit is the
  best estimate of when you will be required to
  meet the new requirements.
• Most Missouri permits will expire in February
  2006.

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When do new rules affect me?New permitted
operations

• Must be large enough to need a permit.
• New construction.
• Significant expansion
• Follow existing rules until Missouri revises its
  permit rules.
• Follow new rules soon after Missouri completes
  revision.
• Revisions to be completed in 1 to 2 years.

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Manure Storage Requirements