NCGA Comments on Proposed CAFO Rule (8-30-06)

The National Corn Growers Association this week submitted comments to the Environmental Protection Agency (EPA) regarding the proposed Concentrated Animal Feeding Operations (CAFO) rule published in the Federal Register on June 30, 2006. Corn growers expressed their support for voluntary, locally-led, incentive-based programs which recognize the unique abilities and limitations of farmers.

“Our largest customer is the U.S. livestock and poultry industry, which will be subject to the EPA’s proposed regulations,” said Bill Chase, NCGA Production and Stewardship Action Team chairman. “Their livelihoods are directly affected by the decisions being made in this rulemaking, which in turn will directly affect corn producers in the U.S.”

The proposed regulation is a revision of an over-reaching rule issued in February 2003. The 2003 CAFO rule was challenged in federal court, and the court ordered the EPA to revise the 2003 rule and require only those who discharge or propose discharge be subject to Clean Water Act (CWA) requirements for a National Pollution Discharge Elimination System (NPDES) permit.

“Many corn growers are also in the livestock industry and as a result of this new rulemaking, it will be easier for farmers and ranchers to operate without onerous federal regulations,” noted Chase.

Chase also noted that the guidelines are working but they must be administered in a fair and timely manner. It is essential to the economics of the small communities, who are dependent on the livestock industry.

NCGA encouraged the EPA in the final rule to create a program for CAFOs that achieves the goals of the CWA without needing Federal NPDES permits. The comments also urged EPA to create the maximum flexibility possible for a permitted CAFO to operate under a Nutrient Management Plan (NMP) required by their permit without excessive or unneeded public review should the NMP need changes.

"We are very concerned that the proposed rule requires CAFOs getting a permit to go through excessive agency review and public participation requirements that will cause significant delays,” said Chase. “We’re hopeful this issue will be properly addressed through the rulemaking process.”
In addition to NCGA, other signatories to the comments included the American Farm Bureau Federation, National Pork Producers Council, United Egg Producers and the National Council of Farmer Cooperatives.

Comments on the proposed rule are available in their entirety CAFO comment. To read more on EPA’s proposed rule, go to http://cfpub.epa.gov/npdes/afo/aforule.cfm.

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