News Release 085

DEPARTMENT TO ADVISE CLEAN WATER COMMISSION:
RULE NEEDED TO MEET EPA DEADLINE ON CONCENTRATED ANIMAL FEEDING OPERATIONS

Volume 36-085

Contact: Renee Bungart

(For immediate release)

573-751-4465

JEFFERSON CITY, MO, FEB. 25, 2008 -- The Missouri Department of Natural Resources will advise the Clean Water Commission at its next meeting that regulation changes are needed quickly to avoid U.S. Environmental Protection Agency objections to permits issued to Concentrated Animal Feeding Operations. 

The EPA's 2003 CAFO final rule is more stringent than current Missouri regulations. Missouri has until February 2009 to amend its regulations or face objections from the federal agency to new permits.  The department had been unable to move forward with its rulemaking because of legal challenges to certain aspects of the 2003 rulemaking, which resulted in the 2nd Circuit Court's Waterkeeper vs. U.S. EPA decision. 

The main change in the proposed regulation addresses manure management to protect water quality. The updated federal rules place more emphasis on proper management of animal manure both at the production site and on farmland where it is applied.  Specifically, these changes would modify requirements for certain Best Management Practices, including setbacks for land application and requirements for nutrient management plans. A nutrient management plan includes strategies producers will use to ensure manure storage and manure application on farms do not adversely affect surface or groundwater quality and to help reduce phosphorus and nitrogen runoff into streams. 

The changes also include lowering the animal threshold number for swine weighing less than 55 pounds for Class 1C operations from 15,000 to 10,000 swine and expanding the inspection, recordkeeping and annual reporting requirements.  Lowering the number of swine necessary to be classified as a Class IC will require some existing nursery swine operations to obtain a permit.  Inspection, recordkeeping and annual reporting requirements would be expanded to include all of the current federal requirements.  Expanding these elements will help CAFO operators analyze decisions and test results from previous years and make appropriate adjustments to the nutrient management plan to maximize the nutrient benefits.

"Because it generally takes approximately 18 months to finalize a rule, we may find ourselves in violation of federal law," said Department of Natural Resources Director Doyle Childers.

If the department doesn't move forward on these changes, its ability to issue permits will be jeopardized as early as February 2009. 

The department will present draft rule language to the Clean Water Commission for consideration at its regularly scheduled meeting.  This meeting is scheduled for March 12 at 9 a.m. at the Renaissance St. Louis Hotel Airport, 9801 Natural Bridge Road, St. Louis. 

To meet the federal requirements, the department plans to ask the commissioners for permission to file a draft rule amendment with the Secretary of State to initiate the formal rule process at its May 7 meeting in Springfield.  This meeting will begin at 9 a.m. at University Plaza Hotel, 333 John Q Hammons Parkway, Springfield.  If the commission agrees, the department will file the draft amendment and accept comments on the draft rule from June 16 through Sept. 17.

These changes will not address every aspect of EPA's final rule.  Because of the court decision, at issue is whether CAFOs that have no planned discharge are required to obtain a permit under the Clean Water Act and if the department will be required to public notice the nutrient management plans.  In response, EPA is preparing a rulemaking, which is expected later this year.  This revised rule will trigger another state rulemaking in early 2009. 

This second phase of the regulation changes would incorporate not only the newest EPA revisions but other changes which, while not necessary to meet EPA requirements, may be beneficial for Missouri's CAFO program.

The department has established a CAFO workgroup consisting of a variety of interested parties, including environmental organizations. The department has met with the stakeholders and reviewed the draft amendment to be presented to the Clean Water Commission.  The department will continue to hold workgroup meetings to discuss current and future rulemakings.  For information on the concentrated animal feeding operation rule changes, please visit
www.dnr.mo.gov/env/wpp/cafo-workgroup.htm.

For more information about concentrated animal feeding operations or water quality in general, visit www.dnr.mo.gov/env/wpp/index.html or call 573-751-1300 or 800-361-4827.

For department news releases on the Web, visit www.dnr.mo.gov/newsrel/index.html. For a complete listing of the department's upcoming meetings, hearings and events, visit the department's online calendar at www.dnr.mo.gov/calendar/search.do.

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