NCGA Pleased by EPA Ruling on CAFOs (7-5-06)

The National Corn Growers Association (NCGA) is pleased by the U.S. Environmental Protection Agency (EPA) publication in the Federal Register of a proposed rule that would revise several parts of EPA’s National Pollutant Discharge Elimination System (NPDES) and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations (CAFOs).

In 2003, NCGA and other agricultural groups challenged the 2003 CAFO rule, which would allow EPA the authority to regulate actual and potential discharges. In 2005, the Second Circuit Court of Appeals ruled EPA only had the authority to regulate actual discharges, not the potential to discharge in the event of a rare, heavy storm. This newly proposed rule appears to comply with the 2005 court order issued in Waterkeeper Alliance et al. v. EPA. 

“We’re happy with the EPA’s release of the proposed rule,” said Bill Chase, NCGA’s Production and Stewardship Action Team chairman. “It appears EPA is complying with the court’s interpretation of the Clean Water Act.”

The livestock sector is important for corn growers. Many corn growers also raise livestock, and more than 55 percent of the corn crop goes into food rations for livestock.

“Corn growers are very concerned with the health and well-being of American citizens and are mindful of the need to balance environmental stewardship with the need for a long-term, dependable food supply and necessity for long-term profitability in farming,” Chase said.  

EPA will require only CAFOs that discharge or propose to discharge to apply for a permit. CAFOs that apply manure, litter or processed wastewater would not need to apply for NPDES permits if the only discharge from those facilities is agricultural storm water.

The proposal also requires CAFOs seeking a permit to include a nutrient management plan (NMP); a draft/sample NMP can be viewed here.

“Under proposed rule, NMPs establish a means to ensure that producers are applying nutrients and managing their operations while minimizing the environmental impact,” Chase noted.

EPA will provide a 45-day comment period and hold public listening sessions around the country. NCGA is preparing comments to submit to EPA. Five public meetings are scheduled for:

* July 24, Fayetteville, N.C.
* July 25, Ames, Iowa
* Aug. 1, Golden, Colo.
* Aug. 2, Dallas
* Aug. 3 Sacramento, Calif.