Playing By the Rules: Water Quality Regulation and Animal Agriculture Thomas Bass, Montana State University Building Environmental Leaders in Animal Agriculture

Playing By the Rules:Water Quality Regulation and Animal

Agriculture

Thomas Bass, Montana State University

Building Environmental Leaders in Animal Agriculture (BELAA)Water Quality Regulation and Animal Agriculture

Outline• What are the water quality concerns with ag?• Which major set of water quality laws apply

to animal ag? – Who enforces or manages these laws? – Federal, State & Local authorities

• What types of ag operations are closely regulated and what is required?

• Who can provide additional information?

Building Environmental Leaders in Animal Agriculture (BELAA)DRAFT Module – Water Quality Regulation and Animal Agriculture

Water Quality Background

• Point Source Pollution– Single identifiable sources of

water pollution such as those associated with: • industrial discharges • waste water treatment outfalls

– Addressed early in Clean WaterAct (CWA - 1972, ‘77 & ’87)



• Ag is primarily a non-point source (NPS) of water pollution– Collective run-off from

an area as a result of rain or snowmelt.

(picture depicts NPS sediment, from a large construction site, filling a

lake.) Building Environmental Leaders in Animal Agriculture (BELAA)DRAFT Module – Water Quality Regulation and Animal Agriculture

Water Quality Background• Pollutants connected to ag sources:– Nutrients from manure and fertilizers: • nitrogen (N) • phosphorus (P)

– Sediment– Pathogens – Pharmaceuticals– Ag chemicals– Arsenic



• Possible ag sources:– Animal confinement & lots– Manure storage– Chemical/fuel storage– Silage storage– Fields and farm roads– Direct access by

grazing animals


Water Quality Background -Ground Water

• Potential for leaching to aquifers or wells– Nitrates from over-application of fertilizer or

manure on crop land– Pathogens or pharmaceuticals from manure

storage or manure application areas– Agricultural chemicals or fuel

• Issue may be greater areas with karst topography or very sandy soils



• As far as animals are concerned, livestock are not alone in NPS water pollution as described in this presentation.

• Pet waste• Wildlife• Septic systems & sewage– Humans are animals too!


Regional Impact of Nutrient Pollution• Local, state and national concern– Collectively, nutrients from many states contribute

to the hypoxic “dead zone” in the gulf of Mexico.

Regional Impact of Nutrient Pollution

• Contributions to Nutrients in the Gulf of Mexico by state (USGS 2008)

Break for Case study?

• Chesapeake TMDL– Emphasis on relative role ag plays compared to

other sources (see Erhardt presentation Feb 2011 webcast) and some predictions how this will affect typical ag (non-point) –see Raub presentation from Feb. 2011 webcast


Break for Discussion

• Which of these pollutants are a concern for water quality in our area?

• What are potential sources?– Both non-agricultural and agricultural sources– Think of specific facilities or industries on our

community.


What water quality rules are primarily faced by animal agriculture?


Clean Water Act (CWA)

• Passed in 1972, Amended in ‘77 & ’87• Addressed point-source pollution first• Enforced by federal government and/or

states, territories and tribal entities• Primarily concerned with

surface water


Federal Authority• U.S. Environmental Protection Agency (USEPA)

has authority over the Clean Water Act– In most cases authority is delegated to the states,

territories or tribes

• US Department of Agriculture (USDA) provides technical and financial assistance related to controlling pollution, but does not regulate.

• Bureau of Land Management (BLM) or Forest Service (USFS) oversees federal grazing permits


State/Territory Authority• Most states and territories have delegated

authority from EPA– Who is the delegated authority in our state/territory?

• Some programs peripherally related to water quality are typically overseen by a state agricultural agency– Animal disease reporting– Emergency planning, response– Animal mortality management


Tribal Authority

• Native American Tribes work directly with EPA on environmental management and regulation

• States are usually not involved in regulating animal agriculture on tribal lands


EPA Tribal ecoAmbassadors

Outreach Program

Local Authority• Local (county or city) zoning rules– May dictate where a facility is built. These are often

driven by odor concerns as much or more than water concerns

– Generally only apply to new or expanding operations• Soil & water conservation districts– Groundwater/wellhead protection programs– Watershed plans (surface water)– Often carry out monitoring and provide financial &

technical assistance, and sometimes have regulatory authority


CWA: National Pollutant Discharge Elimination System (NPDES)

• NPDES is a CWA program focused on point sources of pollution

• Which ag activities are regulated? – Animal feeding

operations (AFOs)– Concentrated animal

feeding operations (CAFOs)


AFO DefinitionAnimals have been, are, or will be confined• 45 days or more in 12 months• In an area with no crops, vegetation, forage

growth or post-harvest residues• Feed is delivered


CAFO Definition• Operation meets the AFO definition and the

size threshold identified in red below.

Animal Feeding Operations

Animal Large Medium SmallBeef Cattle > 1,000 300-999 < 300

Dairy Cattle > 700 200-699 < 200

Swine (> 55 pounds) (< 55 pounds)

> 2,500 > 10,000

750-2,499 3,000-9,999

< 50 < 3,000

Sheep or Lambs > 10,000 3,000-9,999 < 3,000

Horses > 500 150-500 < 150

Poultry (Dry Litter) > 125,000 37,500-124,999 < 37,500

Poultry (Layer) > 82,000 25,000 - 81,999 < 25,000


H20 Quality Philosophy for AFOs• Permits and rules for animal feeding are based on

two goals:1. Keep clean water clean– “Run-on”, roof water, pipes

and conveyances2. Avoid direct contact with – Manure– Animals – Process waste water


Keeping clean water clean… and reduce mud and potential run-off

• Divert water around lots



• Gutter roofs



• Maintain lines, tanks and fix leaks in pens



Preventing Direct Contact


Preventing Direct Contact

• Move fences back from creek, ~25ft.


Preventing Direct Contact• Vegetative treatment area



Manure Management

• Collect Manure• Properly store


Manure Management

• Spread at agronomic rates– Based on crop/forage need

and manure fertilizer value– Requires manure and soil test

• Do not spread close to surface water (35 feet if grassed)

• Keep records


Nutrient Management Plan• Permit NMP– This plan defines the previously mentioned best

management practices and manure handling– Submitted as part of an operations permit– Consultant and/or producer prepare

• NRCS CNMP– Comprehensive Nutrient Management Plan– NRCS and producer prepare– Requirement of receiving USDA cost-share


Record Keeping• Permitted operations must keep detailed

records:– Maintenance on diversions and manure storage

structures– Soil and manure tests– Manure applications

and calculations– BMPs implemented

and other records


Inspections• Frequency varies by state and EPA region.• Generally at least once every 1-3 years for

permitted operations.

• Verifies records are kept and NMP is being followed.

• Physically observes: outdoor facilities, manure storage areas, some land-application areas…


Overwhelmed? • Where to learn more!– Extension– USDA-NRCS– Conservation Districts– Young Farmer/Rancher Advisors– Fellow Producers– Commodity Associations– Consultants– EPA Ag Center


Summary• Confined animal operations are the most

regulated sector of animal agriculture

• Therefore, AFO and CAFO regulations are the most specific environmental rules that apply to animal agriculture

• These rules are components of the Clean Water Act (CWA)


Summary• Pasture and range operations are subject to

very few specific environmental regulations

• All agriculture may be subject to the broad provisions of the Clean Water Act.

• A variety of less specific environmental rules may still apply to animal agriculture


Documents

Playing By the Rules: Water Quality Regulation and Animal Agriculture Thomas Bass, Montana State University Building Environmental Leaders in Animal Agriculture