IDEM Update by Commissioner Easterly Indiana Professional Dairy Producers June 4, 2007.
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Transcript of IDEM Update by Commissioner Easterly Indiana Professional Dairy Producers June 4, 2007.
IDEM Update by Commissioner
EasterlyIndiana Professional
Dairy ProducersJune 4, 2007
IDEM’s Environmental Goal
Increase the personal income of all Hoosiers from the current $0.88/$1.00 of the national average to at least $1.00/$1.00 of the national average while maintaining and improving Indiana’s Environmental Quality.
Pilot 2006 Environmental Performance Index
Yale Center for Environmental Law & PolicyYale University
Center for International Earth Science Information Network (CIESIN)Columbia University
http://www.yale.edu/epi/
General Agricultural Issues Ryan Westerfeld is IDEM’s Agricultural Liaison
317-232-8587 EPA CAFO Rule Status—Proposed extension of
deadlines to February 2009 New IN Environmental Criminal Laws (SB 286) The 2007 Legislature Considered, but did not
pass a number of CAFO Bills including: 3 Year Moratorium Increased Fees, Increased Inspections, Increased
Notification, Good Character, OISC Shall regulate Nutrient Application
Preemption Language
IDEM Regulates 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—target is now February 2009.
CAFO – Size DefinitionsSpecies Large Medium** Small**
Cattle 1,000+ 300 to 999 <300Dairy 700+ 200 to 699 <200Swine 2,500+ 750 to 2,499 <750Sheep 10,000+ 3,000 to 9,999 <3,000Duck* 30,000+ 10,000 to 29,999 <10,000Chicken* 82,000+ 25,000 to 81,999 <25,000Turkey 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 625 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 Numerous Recent Legal Challenges to
IDEM’s CAFO Permits
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)
0
500
1,000
1,500
2,000
2,500
2001 2003 2005
SwineDairy/BeefPoultry
Number of Animals Raised in Indiana
0
50,000
100,000
150,000
200,000
2001 2002 2003 2004 2005 2006 2007
BeefDairy 0
500,0001,000,0001,500,0002,000,0002,500,0003,000,0003,500,0004,000,0004,500,0005,000,000
2001 2002 2003 2004 2005 2006 2007
Swine
05,000,000
10,000,00015,000,00020,000,00025,000,00030,000,00035,000,00040,000,00045,000,00050,000,000
2001 2002 2003 2004 2005 2006 2007
Chickens0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
2001 2002 2003 2004 2005 2006 2007
Turkeys
IDEM Today CFO permits are
issued on average at 71 calendar days, 90 permit days is the statutory limit
IDEM is using a compliance assistance approach to help producers understand their environmental responsibilities in response to regulatory changes
In 2006198 Applications Received
CAFO 124 CFO 74
90 Approvals 54
32 Pending 13
2 Withdrawn 7
IDEM’s Regulatory Program
IDEM’s regulations protect human health and 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 No evidence that CAFO’s emit enough air pollution
to require regulation as air pollution sources ISDA task force on odors U.S.EPA study on air pollution emissions
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
Increased Number of Inspectors Continued Inspector Training
CFO/CAFO Program Financials
CAFO/CFO – 25 staff (17 FTEs) Fee Revenue: $42,000 Current program expenses: $1,200,000 Annual Number of permits issued: 121 Annual Number of Permit renewals: 435 Annual Number of Inspections: 1000 2007 Legislature did appropriate $450,000
per year to better fund the program
Summary Comments CFO/CAFO Regulation is evolving IDEM is working with ISDA and U.S. EPA to
develop sensible regulatory approaches to agricultural production and processing
Indiana’s farmers have always been concerned about the environment and the vast majority are good stewards of the environment
A strong economy means farms that are better able to provide excellent environmental protection
Questions?
Tom Easterly100 N. Senate Ave. IGCN 1301
Indianapolis, IN 46204(317) 232-8611
Fax (317) [email protected]