Factory Farming

The Health and Environmental Risks

Overview• Current regulatory frameworkCurrent regulatory framework• Shortcomings Shortcomings • Federal CAFO regulationsFederal CAFO regulations• IDEM proposed CAFO regulationsIDEM proposed CAFO regulations• Indiana State Chemist proposed Indiana State Chemist proposed

manure use and distribution manure use and distribution regulationsregulations

• HEC recommendationsHEC recommendations• How to get involvedHow to get involved

Definitions:Industrial Scale Livestock

ProductionConfined Feeding Operation (CFO)Confined Feeding Operation (CFO)• 300 cattle300 cattle• 600 hogs or sheep600 hogs or sheep• 30,000 fowl30,000 fowl• Any operation that causes a violation of water pollution Any operation that causes a violation of water pollution

laws or rules. laws or rules.

Concentrated Animal Feeding Operation Concentrated Animal Feeding Operation (CAFO)(CAFO)

• 1000 cattle or equivalent1000 cattle or equivalent• 2500 hogs or sheep2500 hogs or sheep• 100,000 fowl100,000 fowl

(Source: Indiana Administrative Code 327 IAC 15 and 16; I.C. 13-18-10)(Source: Indiana Administrative Code 327 IAC 15 and 16; I.C. 13-18-10)

Performance standards• A confined feeding operation shall be managed

to avoid an unpermitted discharge into waters of the state.

• Minimize non-point source pollution• Design, construct and manage waste

management systems to prevent discharge• Stage and apply manure in a manner that does

not threaten the water supply(Source: 327 IAC 16-3-1)(Source: 327 IAC 16-3-1)

Enforcement• CFO may opt-out of regulation by declaring no discharge

or proposal to discharge• General or individual NPDES permits, must be renewed

every five years• Nutrient (Manure) Management Plan, not an enforceable

part of the permit• Soil & manure samples taken by operator• Records kept on-farm (not public)• Inspectors visit production areas but do not routinely visit

land application areas during or after manure spreading

Real problem is lack of funding and political will

Pathways to Pollution

40 spills in 2008, 295 spills in the last 5 years (IDEM)-lagoon overflow-pit overflow-transportation-manure stockpile or staging area-improper land application (most spills occur during land application)-equipment breakage-deliberate dumping

Report a Spill

• Enters waters of the state• Crosses property boundaries• Operation not managed in a manner that

prevents a threat to waters of the state• Threatens to damage waters of the state

Shortcoming of Current Program

• No consideration of air emissions and stormwater runoff.• Inspections focus primarily on production area• Fertilizer rates for nitrogen allows overloading of

phosphorus• No consideration of pathogen content of manure• No consideration of existing pollution• Nutrient (Manure) Management Plan is NOT

enforceable part of the permit • Manure management information is not available to the

public – treated as proprietary

Water Quality Standards for

E. coli 235 colony forming units/100 ml

maximum safe for recreational useOne study of dairy waste found: • 110,000 cfu /100 ml in field tiles the

same day• 38,000 cfu/100 ml 6 days later.

Many Indiana waterways are polluted

Indiana’s biggest pollution problems

• E. coli 822 water bodies

• Biotic communities 505• Dissolved oxygen 140• Nutrients 98• Phosphorus 50• Algae 20• Taste & odor 12

Impacts of Industrial Livestock on Rural

Communities• Property values• Quality of life• Rivers and streams unsafe• Limited opportunities for other

economic development• Reduced opportunity for tourism

and recreation

Impacts on Public Health

• Poor Air & Water Quality• Neighbors get sick, suffer longer• Workers may carry antibiotic resistant

pathogens to general population• Many county health departments

struggling with MRSA (methicilllin resistant Staphlycoccus aureus)

Antibiotics as Growth Promoters

• 70% of all antibiotics used in the U.S. are fed to livestock at sub-therapeutic doses

• Antibiotics increase growth rate by 2-10%

New Federal Rules• CAFO that discharges or proposes to discharge must

apply for an NPDES permit• Unpermitted CAFOs must certify that they do not

discharge or propose to discharge• Nutrient Management Plan must be submitted with

application for individual NPDES permit• Authorities must review NMP and allow public

notice and comment• CAFOs can substitute best management practices

that will result in no discharge rather than approved containment structures if it can demonstrate that the system will comply with effluent limitations

• Water quality based effluent limitations may be required from land application and production areas that are not exempted as “agricultural stormwater”

• Best conventional technology must be used to control fecal coliforms (E. Coli)

Indiana

• IDEM developing new rules for CAFOs• (LSA Document #09-213)• Indiana Register, April 8, 2009• Office of the Indiana State Chemist (OISC)

developing rules to address the distribution and use of manure as fertilizer

IDEM Rulemaking

• Design Standards• Nutrient Management Plans• Facility Closure• Transitions• Public Notice and Comment

Design Standards

• Prohibit construction of manure lagoons over mines

• Require additional protection for manure storage facilities in karst terrain

HEC’s Choice

• Prohibit location of CFOs and CAFOs in karst terrain and floodplains

• Use of groundwater monitoring device to ensure that drinking water is not being contaminated

• Incorporate best management practices such as setbacks from waterbodies and wetlands

Nutrient Management Plans

• Adds phosphorous as a limiting factor for manure application rates

• Annual manure analysis for all manure types

HEC’s Choice

• Require water monitoring as part of NMP

• Control pathogens• Incorporate Best Control

Technology limitations

Facility Closure

• IDEM intends to clarify guidelines• Require a closure certificate

HEC’s Choice

• Comprehensive closure plan should be required as part of the permit

• Operator should be required to provide financial assurance for required closure activities

Transitions

• CAFO owners who certify that they do not discharge or propose to discharge can avoid the need for an NPDES permit by transitioning from a CAFO designation to a CFO designation

• All operations must have a general CFO permit.

HEC’s Choice

• Concern over ability of CAFO to self regulate

• IDEM should require NPDES permits for all CAFOs

Public Notice & Comment

• Forty (40) day comment period for adjacent landowners

HEC’s Choice

• Public, not just adjacent landowners, should be provided with an opportunity to comment on permits

OISC Rulemaking

Must comply with more stringent rule when there is

overlap between IDEM and OISC

-HEC believes that jurisdiction must be better defined-Which agency will be responsible for inspections and

enforcement-OISC should acknowledge the best fertilizer regulation

practices employed in29 Indiana counties by adopting a more stringent standard or

providing awaiver to counties who have more stringent ordinances

OISC-Recordkeeping

Requires OISC to maintain records for two years

-Permits are renewed every five years; therefore, OISC should maintain records for five years-Records should be made public-Rule should include specific parameters for the type

of information that will be maintained

OISC-Restrictions on Use & Distribution

• Staging (temporary storage) 72 hours if not covered

• 90 days if covered• Incorporates Setbacks currently in

IDEM rule

HEC’s Choice• Supports shorter staging time frames• Supports larger setbacks• Surrounding states have much more

stringent setbacks• Many Indiana counties have

ordinances requiring more stringent setbacks

• Include setbacks for land application• Proximity can be easily altered at the

least expense

Remaining Concerns

• Air emissions• Rural economic development• Antibiotics• Algae blooms• Costs to the taxpayers

What You Can Do• Change your consumer habits• Become a HEC Water Warrior• Inform HEC staff of local developments• Educate others, including decision makers

What You Can Do

Support laws that hold industrial agriculture

accountable:-provide comments to IDEM and OISC-advocate for setbacks-support industry financial assurance-support a ban on the use of antibiotics in livestock solely to increase feed efficiency and promote growth-Urge your Congressmen to support PAMTA

Questions and Discussion

Citizen’s Guide to Lobbying

A Few Good Points• Now (before the session) is great time to

talk• Less frantic, more casual pace – more

quality interaction• In person meetings in the district are the

most effective type of contact• Legislators want to hear from constituents

Making Contact

• You have the chance to meet in a relaxed atmosphere in your local area—a big bonus!

• Remember: every visit has an impact!

Be effective

• Your credibility is important: only present accurate information!

• Provide compelling information; your job is to persuade

• You may not be an expert, but you can provide valuable information to legislators

• Local perspective important

Be informed

• Who are your legislators? • Know the facts about your legislator:

political party, occupation, leadership positions, legislative committee assignments

• Copies of bills• Find it all at Indiana General Assembly

Web site www.in.gov/legislative

Setting Up a Meeting in Your District

• Call your legislator at local office Call your legislator at local office or home; ask to meet in or home; ask to meet in convenient locationconvenient location

OrOr• Approach him/her after Approach him/her after

community eventcommunity event

At the Meeting

• Bring an extra copy of the bill you Bring an extra copy of the bill you will discuss or informative will discuss or informative materials about the issue to materials about the issue to support your positionsupport your position

• Be on time!Be on time!

Follow-up

• Email or letter to legislator with thank you

• Report on meeting to HEC staff

How to Contact Your Legislator

By phone:By phone:

• Indiana State Senate- Indiana State Senate- 317.232.9400 or 800.382.9467317.232.9400 or 800.382.9467

• Indiana House of Representatives- Indiana House of Representatives- 317.232.9600 or 800.382.9841317.232.9600 or 800.382.9841

How to Contact Your Legislator

If you must leave a message, be If you must leave a message, be sure to include:sure to include:

• Your nameYour name• Your address & city Your address & city • Please (support/oppose) issue or bill Please (support/oppose) issue or bill

number Xnumber X

If by written message:• An e-mail will be most timely• Find legislator’s e-mail addresses at

www.in.gov/legislative• A written letter must be sent promptly

as the legislative session moves quickly

How to Contact Your Legislator

How to Contact Your Legislator

Written letter:The Honorable ____ Indiana Senate / Indiana House of

Representatives 200 W. Washington Street Indianapolis, IN 46204

Questions and Discussion

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and at hecweb.org

Thank you!