2008 CAFO Roundtable

October 16,2008

Thomas W. Easterly, P.E., DEE, QEP Commissioner, Indiana Department

of Environmental Management

Welcome to Indiana and the 2008 CAFO Roundtable

Welcome to IndianapolisWednesday’s Egg Farm tour Indiana is both urban and ruralWell managed animal feeding operations

provide opportunities to our rural communities

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My Pre-IDEM BackgroundOver 30 yrs as an Environmental Professional12 yrs Environmental Engineer for the New York

State Department of Environmental Conservation13+ yrs as an environmental manager in the Steel

industry 2+ yrs as an environmental manager in the regulated

gas and electric utility industry Environmental consultant

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Mission and Environmental Goal

IDEM’s mission is to implement federal and state regulations to protect human health and the environment while allowing the environmentally sound operations of industrial, agricultural, commercial and government activities vital to a prosperous economy.

IDEM’s goal is to increase the personal income of all Hoosiers to the national average while maintaining and improving Indiana’s environmental quality.

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Pilot 2006 Environmental Performance Index

Yale Center for Environmental Law & Policy Yale University Center For International Earth Science

Information Network (CFIESIN) Columbia University

http://www.yale.edu/epi/5

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IDEM: Four Environmental Offices Office Of Air Quality Office Of Land Quality (CFO/CAFO Program) Office Of Water Quality Office Of Pollution Prevention and Technical

Assistance

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Office of Land QualityWater-based programs in our Land Office

CFO/CAFO permitting and complianceWastewater haulers & Land Application Permits

Resources in facility design, engineering and geology are shared with other land programs

Solid Waste statutes set minimum inspector levels and provided an opportunity to share resources

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Office of Pollution Prevention & Technical Assistance

Voluntary Compliance (CTAP)Technically part of the Federal Clean Air ActIndiana extends these assistance opportunities to all regulated

programsAgricultural Liaison

Voluntary beyond-compliance programsEnvironmental Stewardship & Clean Community Challenge

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Indiana Demographics

Indiana Farms for 2006 – 59,000* * Data from the USDA National Agriculture Statistics Service

Indiana Regulated Farms - 2,211

3.7% of Indiana Farms are Regulated

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CFO and CAFO Regulatory Program History - Indiana

1971 – Passage of Confined Feeding Control Law (Over 4,000 farms approved in first 20 years)

2000 – All farms required to submit Manure Management Plans (3,200 state approved farms)

March 2002 – Confined Feeding Operations Rule 327 IAC 16 Finalized (2,400 state approved farms)

Currently 2,211 state approved farms (1,555 CFOs, 656 CAFOs)

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What Make Indiana Unique?Indiana has a Confined Feeding Operation

Rule (CFO)CFO Rule contains smaller animal numbers

threshold than federal rulesDesign standards for Manure Storage StructuresConstruction InspectionsNew Facility Compliance Assistance Inspections

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Three types of approvals or permits– CFO approval/permit for smaller farms (state only)– CAFO Program established by U.S. EPA

• General NPDES permit, standards set in rules• Individual NPDES permit, standards from rules, but can

include provisions that address site specific water quality protections

Regulation Basics

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Species/Sector CFO CAFOCattle 300 1,000

Dairy 300 700

Swine 600 2,500

Sheep 600 10,000

Duck* 10,000 30,000

Chicken (Layers) 30,000 82,000

Turkey 30,000 55,000*Not in a liquid manure system

Threshold Number of Animals

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Synopsis of Currently Regulated Farms

Animal Type

# of Regulated Farms

CFO CAFO Total**

Swine 1,249 477 1,726Beef 164 25 189Dairy 130 74 204Chickens 67 92 159Turkeys 137 15 152Ducks 1 9 10Sheep 7 0 7Horses 10 2 12State Total 1,555 656 2,211**Sums within the “State Total" row for "CFO", "CAFO" and "Total" columns are less than the sum of the actual column because of combination farms.

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Species Total Animals in State # Regulated

# Regulated

1971 * 2007 * Jan 2005 June 2008Swine 5,020,000 3,700,000 4,055,277 5,064,588Beef 314,000 110,000 54,056 51,607Dairy 236,000 166,000 142,987 218,915Chickens 39,956,000 No data 41,639,896 45,407,004Turkeys 4,750,000 15,900,000 6,061,540 6,066,440Ducks No data No data 271,700 253,700Sheep 228,000 46,000 3,337 3,337* Data from the USDA National Agriculture Statistics Service

Total Number of Animals by Species

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CFO/CAFOOrganizational Improvements

Compliance Assistance InspectionsFormalized routine inspection selection

criteria Automation of the inspection process using

digital inspectorReduced Permitting backlog

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ResultsIndiana inspections at regulated farm

increased by 34% in FY 2008 CFO/CAFOs being inspected once every 5

years on averagePermits being issued within statutory and

regulatory timeframes

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CFO and CAFO InspectionsFY 2007 vs. FY 2008

Inspection Reason Number of Inspections 2007

Number of Inspections 2008

Paperwork (CoC) Follow-Up 8 3

Compliance Assistance 76 149

Construction 124 157

Complaint Inspection 51 28

Follow-Up Inspection 67 112

Routine Inspection 212 273

Spill Response Inspection 7 6

Voidance 30 49

Total: 580 777

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CFO and CAFO Violations FY 2007 vs. FY 2008

Citation (Violation) 2007 2008

Approval and Performance Standards

14 15

Discharge & Spill Requirements 74 46

Land Application Records 206 315

Operating Record 263 361

Operational Standards 210 252

Records/Reports 11 0

Total Violations Cited: 778 989

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Spill Information

• 3,100 total spills reported to IDEM from Sept. 1, 2007 to Aug. 31, 2008– 84 Animal Waste Spills

• 20 CAFOs• 18 CFOs• 46 unregulated farms

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Enforcement ActionsFY 2007 vs. FY 2008

Notice of Violation Issued 2007 – 12 2008 – 19

Agreed Orders Adopted2007 – 12 2008 – 19

Preliminary Injunctions2007 – 1 2008 – 0

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ChallengesLarge farms becoming larger for economic

survivalSmall, unregulated farms constitute roughly

half of the reported spills/emergency responses in the Ag sector

Public opinion about regulated farms (NIMBY)Siting and zoning authoritiesGood character disclosure laws/bad actors

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Questions for Informal DiscussionHow are you handling challenges?

What innovations are happening in your state?

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QUESTIONS?

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