Friday, March 9th the EPA held a hearing on CAFOs at Sheman in Ames.

It was attended primarily by cattlemen.  At one point someone asked all the men who would have to go out of business to stand and approximately a hundred did.  If these regs succeed the EPA would require zero discharge into groundwater and the cost of installing the liners is somewhere around $60-70,000, according to what men standing near me were saying.

I gather that the companies who have maneuvered these men into this position are not even thinking about helping bear the cost of making the process environmentally safe.

Steve Veysey spoke about the need to preserve special places.

I mentioned the hazards created by too much phosphorus (encourages the growth blue-green algae, some strains of which can produce potent toxins that can kill a mouse in as little as two minutes, a dog in fifteen, other toxins that will kill animals (including cattle) in a matter of days.  I asked what was being done to let producers know about the seriousness of these hazards and a lady on the panel droned on about...  The fact is they only say there is too much phosphorus and nitrogen which can cause algal blooms that aren't healthy, but they don't tell the whole gruesome story. It's time to get it out there.

One CAFO owner who spoke against the regs is responsible, I am told, for a 20-25 mile fishkill below his facility.

I am troubled by several things here.  One is that honest Iowans who have lived on the land for as many as five generations are being forced to choose between selling their land and polluting it.  In answer to one question about the regs, an EPA rep told the questioner that the answer to his problem was to confine more of his animals.  The fact that circumstances, including regs are conspiring to make producers raise their animals in unnatural settings away from fresh air and sunshine I find deeply disturbing.

A man from the cattlemen came up and spoke to me as I was leaving.  His parting remark was that water running off a prairie area was compared to water running off of row crops and it was found that there was more phosphorus in the prairie runoff.  I didn't have the presence of mind to explain the difference in the amount of water that would run off of rowcrops compared to prairie and how that might mean a very different figure when you consider the actual amount of phosphorus being added to the stream.. Of course, the equation being considered that day was not the difference between rowcrops and prairie.

Below, are my notes from the meeting.  If anyone spots an error, let me know.

Peggy Murdock



EPA presenters began by affirming the value of agriculture.  Then they began describing the program. 

Under the proposed guidelines 95% of the Animal Feeding Operations (AFOs) would be unregulated and only 5% regulated, however this would regulate 60% of the manure.

60-65% manure generated by CAFOS is in excess of the operations needs.  This excess manure would have to be transported off site and disposed of elsewhere.

It is estimated that 12,000 facilities should have NPDES permits, however, only 3,000 do at present.
Nationwide, 73 counties have too much nitrogen and another 160 have too much phosphorus.

The proposal  would Include all poultry operations, set standards for heifer and swine operations and require CAFOs to apply for a permit.

The regulations should be easy to understand, flexibile, and provide for accountability.

1st core proposal is similar to current regulations.

A operations with more than 1000 animal units would be considered CAFOs

The three tier proposal works like this.
Largest 1000+
Middle 300-1000
Smallest would be under 300 animal units.  These would be regulated only if found to cause a problem

In the two tier structure the threshold dividing the group would be at 500 animal units.

It was pointed out that the three tier structure is more flexible.
There would performance standards and regulations about how manure is applied to fields.

The regulations would distinguish between an existing operation or new source.   A new operation would be defined as one that or is undergoing expansion.  Praise Be!  Hope that one gets through.

Operations would have definite performance standards to meet and could choose any technology that will achieve them.

Beef and dairy requirements would be for a 25 year 24 hr design with a zero discharge to groundwater standard, requiring the installation of liners and impermeable pads beneath stockpiles.

Swine operations would be required to have a zero discharge with no overflow allowed for a storm event.
These facilities don’t need to capture contaminated stormwater because the animals are completely housed.

The source requirements for beef and dairy would continue to be the same.

Swine requirements add only the zero discharge to groundwater provision.

There would be additional controls for pathogens in wastewater and manure which were not described.

Land application would be addressed by having each operation develop site specific plan that takes into account other sources.  This an be part of a comprehensive nutrient plan. A 100+ foot setback would be required from surface waters or conduits to surface waters such as sinkholes.  the regulation would not this land to be taken out of production.

The majority of manure would be transported off the site.  This could be accomplished by reauiring transfer to recipient who says they intend to apply it properly, understand their responsibilities and intend to do it properly.  the CAFO would give a copy of the manure analysis to the recipient and a brochure about proper handling.  This requirement could be waived in states that have a plan to take care of this.

The other alternative is to maintain a record of how the manure was distributed and who it was distributed to.  The EPA does not want to create a disincentive for people to take the manure.

The challenge is how to provide for accountability and make sure the manure is used for ag purposes and not disposed where it is not needed.

Co-permitting will be required  where processors exercise control over the operation. Co-permitting would be waived in states where there is an adequate plan to deal with this problem.

There is a 120 day comment period closes on May 14th. The provisions should be signed by the administrator by September 15, 2002

You can send your comments to [log in to unmask], however, it would be more effective to mail them.  The address is:

CAFO Proposed Rule
USEPA Office of Water
Engineering and Analysis Division (4303)
1200 Pennsylvania Avenue NW
Washington, D. C. 20460

http://www.epa.gov/owm/afos/proposedrule.htm gives the text of the proposed regulation as announced in the Federal Register

http://www.epa.gov/owm/afos/rule.htm is where to find a factsheet describing the proposed rule.

http://www.epa.gov/owm/afos/rule.htm is where to find the schedule of public meetings.




There is a dedicated number for questions.  It is (202) 564-0766

More information can be obtained over the web at epa.gov/

It’s in your best interest to send comments in writing