11/5/2008 10:15:00 AM Raising the bar for CAFOs Opponents argue it lets polluters police themselves
New rules published Oct. 31 for concentrated animal feeding operations are said to be tough but fair.
After more than 10 years of work, the federal Clean Water Act has been revamped into a set of rules that are applicable to U.S. livestock operations.
Prior to this rule making CAFOs did not have any sold regulatory guidelines for discharges and application of manure on land and were not liable under the Clean Water Act.
The new regulation requires National Pollution Discharge Elimination System (NPDES) permits only for CAFOs that discharge or propose to do so and requires a nutrient management plan. The new rule effectively sets a "zero-discharge" standard for all livestock operations. Non-permitted operations must use sound management practices to avoid all discharges or face stiff penalties. Permit holders, likewise, must use similar practices to meet the zero-discharge standard. Violations of the new CAFO rule carry penalties of up to $32,500 a day.
"The rule contains substantial improvements in water quality protection, and may improve water quality as a result. We are encouraged that the rule includes a number of incentives for livestock farms to operate at high levels of environmental compliance," said Bob Stallman, President of the American Farm Bureau Federation.
Mr. Stallman also said that a positive aspect is that livestock farmers will have flexibility to evaluate their farm and determine whether or not to secure a permit. "Regardless of the farmer's decision, there is no doubt they will have to meet challenging environmental standards," he said.
Opponents of the rule say it does not enforce the need for water quality and proper, safe disposal of manure. Environmentalists have been arguing that the rule lets some of the nation's largest polluters police themselves.
However, the EPA estimates that the new rule will prevent 56 million pounds of phosphorus, 110 million pounds of nitrogen, and two billion pounds of sediment from entering streams, lakes, and other waters annually.
The final rule can be found at this link: http://cfpub.epa.gov/npdes/afo/cafofinalrule.cfm.
