IDEM Update by Commissioner

Easterly

Indiana Professional Dairy Producers

June 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 <300

Dairy 700+ 200 to 699 <200

Swine 2,500+ 750 to 2,499 <750

Sheep 10,000+ 3,000 to 9,999 <3,000

Duck* 30,000+ 10,000 to 29,999 <10,000

Chicken* 82,000+ 25,000 to 81,999 <25,000

Turkey 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

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

4,000,000

4,500,000

5,000,000

2001 2002 2003 2004 2005 2006 2007

Swine

0

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

35,000,000

40,000,000

45,000,000

50,000,000

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 2006

198 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) 233-6647teasterly@idem.in.gov