Confined and Concentrated Animal Feeding Permitting

Indiana Soybean AllianceDecember 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 DefinitionsSpecies Large Medium** Small**

Cattle 1,000+ 300 to 999 <300

Dairy 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

*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 08/2006 01/2005 01/2001

Swine 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

Total 2,179 2,297 2,965

Number of Animals Raised in Indiana

Species 08/2006 01/2005 01/2001

Swine 4,393,000 4,089,854 4,183,753

Beef 53,831 54,056 94,208

Dairy 169,270 142,987 113,394

Chickens 43,221,816 41,639,896 41,279,690

Turkeys 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 08/2006 01/2005 01/2001

Swine 2,571 2,268 1,799

Beef 285 269 315

Dairy 900 711 438

Chickens 282,496 265,222 200,387

Turkeys 39,839 38,364 37,166

Ducks 24,427 22,642 27,575

Sheep 477 477 399

* 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