Comment on CAFOs

The deadline to comment on EPA’s proposed new reporting rule for confined animal feeding operations is December 20, one week from today.

When the agency published its proposal back in October 2011, it took an unusual step by offering two significantly different options for how CAFOs will report information under the National Pollutant Discharge Elimination System. Presumably, EPA will draw upon the public comments to determine which of the two options is most feasible and preferable to stakeholders. Thus, industry input during the remainder of the comment period could be vital, as the proposals have potential to dramatically alter reporting requirements for some cattle feeders.

The National Pork Producers Council has filed a request with EPA to extend the comment period and it’s possible other livestock groups will do the same. But for now, the December 20th date remains as the deadline.

The proposed rules, according to EPA, are intended collect facility-specific information, improving the agency’s ability to implement the NPDES program and to ensure appropriate practices are implemented by CAFOs. The ultimate outcome, EPA says, is improved protection of water quality.

EPA’s regulation of discharges from CAFOs dates to the 1970s. The agency does not have facility-specific information for all CAFOs in the United States, which it says is contrary to many other regulated industries. “Facility location and basic operational characteristics that relate to how and why a facility may discharge is essential information needed to carry out NPDES programmatic functions,” the EPA notes in background information for the proposals.

As part of the proposal, the EPA offers two regulatory options regarding which CAFOs would be required to submit information.

Option 1

All CAFOs would be required to report to the EPA regardless of the size of a CAFO and the permit status of a CAFO. The EPA estimates that the universe of CAFOs subject to this option is approximately 20,000 out of the approximate 212,000 animal feeding operations (AFOs) in the United States.

As part of this option, the EPA proposes to allow states with approved NPDES programs to submit the information on behalf of CAFOs within the state. If a state chooses to provide the information on behalf of its CAFOs, then those CAFOs would not be required to submit information to the EPA.

Option 2

Only CAFOs in focus watersheds that have water quality concerns associated with CAFOs would be required to report information to the EPA. Additional criteria for identifying focus watersheds include high densities of animals, patterns of vulnerable soils, and other relevant information, such as proximity to environmental justice communities.

The agency would determine on a case-by-case basis which areas meet the proposed criteria. States would not be allowed to report information on behalf of CAFOs under this option.

Defining AFOs and CAFOs

Here is how EPA defines a CAFO. An operation must first meet the AFO definition before it can be considered a CAFO. An AFO is a lot or a facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period and where vegetation is not sustained in the confinement area during the normal growing season.

A CAFO is an AFO that is either defined or designated as a CAFO. An AFO is defined as a Large CAFO on the basis of the number of animals confined. An AFO is defined as a Medium CAFO based on the number of animals confined and whether pollutants are discharged either through a man-made device or into waters that come into direct contact with confined animals.

A medium-sized AFO that does not meet those two discharge criteria or an AFO that contains fewer animals than a medium-sized operation can only become a CAFO if the EPA or the state permitting authority designates the facility as a CAFO.

For cattle, EPA defines a large CAFO as having 1,000 or more cattle or cow-calf pairs. A medium CAFO holds 300 to 999 cattle while operations with less than 300 cattle or pairs are small CAFOS.

EPA specifies that large range or pasture-based operations are not AFOs and, therefore, cannot be CAFOs, as long as its animals are not maintained in confinement. Such operations would not be subject to the proposed rule requirements.

During the 60-day public comment period, EPA plans to hold several webcasts to provide an overview of the proposed rule requirements and answer questions about the proposed rule. The agency plans to take final action regarding the proposed rule by July 2012.

The EPA’s NPDES website includes summary information, a fact sheet and frequently asked questions about the proposed rule.

The complete rule, including instructions on how to submit comments, also is available online from EPA.