1. Playing By the Rules: Water Quality Regulation and Animal Agriculture Thomas Bass, Montana State University Building Environmental Leaders in Animal Agriculture (BELAA) Water Quality Regulation and Animal Agriculture

2. Outline What are the water quality concerns with ag? Which major set of water quality laws apply to animal ag? – Who enforces or manages these laws? – Federal, State & Local authorities What types of ag operations are closely regulated and what is required? Who can provide additional information? Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

3. Water Quality Background Point Source Pollution – Single identifiable sources of water pollution such as those associated with: industrial discharges waste water treatment outfalls – Addressed early in Clean Water Act (CWA - 1972, ‘77 & ’87) Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

4. Water Quality Background Ag is primarily a non-point source (NPS) of water pollution – Collective run-off from an area as a result of rain or snowmelt. (picture depicts NPS sediment, from a large construction site, filling a lake.) Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

5. Water Quality Background Pollutants connected to ag sources: – Nutrients from manure and fertilizers: nitrogen (N) phosphorus (P) – Sediment – Pathogens – Pharmaceuticals – Ag chemicals – Arsenic Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

6. Water Quality Background Possible ag sources: – Animal confinement & lots – Manure storage – Chemical/fuel storage – Silage storage – Fields and farm roads – Direct access by grazing animals Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

7. Water Quality Background - Ground Water Potential for leaching to aquifers or wells – Nitrates from over-application of fertilizer or manure on crop land – Pathogens or pharmaceuticals from manure storage or manure application areas – Agricultural chemicals or fuel Issue may be greater areas with karst topography or very sandy soils Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

8. Water Quality Background As far as animals are concerned, livestock are not alone in NPS water pollution as described in this presentation. Pet waste Wildlife Septic systems & sewage – Humans are animals too! Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

9. Regional Impact of Nutrient Pollution Local, state and national concern – Collectively, nutrients from many states contribute to the hypoxic “dead zone” in the gulf of Mexico.

10. Regional Impact of Nutrient Pollution Contributions to Nutrients in the Gulf of Mexico by state (USGS 2008)

11. Break for Case study? Chesapeake TMDL – Emphasis on relative role ag plays compared to other sources (see Erhardt presentation Feb 2011 webcast) and some predictions how this will affect typical ag (non-point) –see Raub presentation from Feb. 2011 webcast Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

12. Break for Discussion Which of these pollutants are a concern for water quality in our area? What are potential sources? – Both non-agricultural and agricultural sources – Think of specific facilities or industries on our community. Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

13. What water quality rules are primarily faced by animal agriculture? Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

14. Clean Water Act (CWA) Passed in 1972, Amended in ‘77 & ’87 Addressed point-source pollution first Enforced by federal government and/or states, territories and tribal entities Primarily concerned with surface water Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

15. Federal Authority U.S. Environmental Protection Agency (USEPA) has authority over the Clean Water Act – In most cases authority is delegated to the states, territories or tribes US Department of Agriculture (USDA) provides technical and financial assistance related to controlling pollution, but does not regulate. Bureau of Land Management (BLM) or Forest Service (USFS) oversees federal grazing permits Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

16. State/Territory Authority Most states and territories have delegated authority from EPA – Who is the delegated authority in our state/territory? Some programs peripherally related to water quality are typically overseen by a state agricultural agency – Animal disease reporting – Emergency planning, response – Animal mortality management Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

17. Tribal Authority Native American Tribes work directly with EPA on environmental management and regulation States are usually not involved in regulating animal agriculture on tribal lands Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture EPA Tribal ecoAmbassadors Outreach Program

18. Local Authority Local (county or city) zoning rules – May dictate where a facility is built. These are often driven by odor concerns as much or more than water concerns – Generally only apply to new or expanding operations Soil & water conservation districts – Groundwater/wellhead protection programs – Watershed plans (surface water) – Often carry out monitoring and provide financial & technical assistance, and sometimes have regulatory authority Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

19. CWA: National Pollutant Discharge Elimination System (NPDES) NPDES is a CWA program focused on point sources of pollution Which ag activities are regulated? – Animal feeding operations (AFOs) – Concentrated animal feeding operations (CAFOs) Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

20. AFO Definition Animals have been, are, or will be confined 45 days or more in 12 months In an area with no crops, vegetation, forage growth or post-harvest residues Feed is delivered Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

21. CAFO Definition Operation meets the AFO definition and the size threshold identified in red below. Animal Feeding Operations AnimalLargeMediumSmall Beef Cattle > 1,000 300-999< 300 Dairy Cattle > 700 200-699 < 200 Swine (> 55 pounds) (< 55 pounds) > 2,500 > 10,000 750-2,499 3,000-9,999 < 50 < 3,000 Sheep or Lambs > 10,0003,000-9,999 < 3,000 Horses > 500 150-500< 150 Poultry (Dry Litter)> 125,00037,500-124,999< 37,500 Poultry (Layer)> 82,00025,000 - 81,999< 25,000 Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

22. H 2 0 Quality Philosophy for AFOs Permits and rules for animal feeding are based on two goals: 1.Keep clean water clean – “Run-on”, roof water, pipes and conveyances 2.Avoid direct contact with – Manure – Animals – Process waste water Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

23. Keeping clean water clean… and reduce mud and potential run-off Divert water around lots Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

24. Keeping clean water clean… and reduce mud and potential run-off Gutter roofs Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

25. Keeping clean water clean… and reduce mud and potential run-off Maintain lines, tanks and fix leaks in pens Animal Feeding Operations Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

26. Preventing Direct Contact Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

27. Preventing Direct Contact Move fences back from creek, ~25ft. Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

28. Preventing Direct Contact Vegetative treatment area Animal Feeding Operations Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

29. Manure Management Collect Manure Properly store Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

30. Manure Management Spread at agronomic rates – Based on crop/forage need and manure fertilizer value – Requires manure and soil test Do not spread close to surface water (35 feet if grassed) Keep records Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

31. Nutrient Management Plan Permit NMP – This plan defines the previously mentioned best management practices and manure handling – Submitted as part of an operations permit – Consultant and/or producer prepare NRCS CNMP – Comprehensive Nutrient Management Plan – NRCS and producer prepare – Requirement of receiving USDA cost-share Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

32. Record Keeping Permitted operations must keep detailed records: – Maintenance on diversions and manure storage structures – Soil and manure tests – Manure applications and calculations – BMPs implemented and other records Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

33. Inspections Frequency varies by state and EPA region. Generally at least once every 1-3 years for permitted operations. Verifies records are kept and NMP is being followed. Physically observes: outdoor facilities, manure storage areas, some land-application areas… Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

34. Overwhelmed? Where to learn more! – Extension – USDA-NRCS – Conservation Districts – Young Farmer/Rancher Advisors – Fellow Producers – Commodity Associations – Consultants – EPA Ag Center Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

35. Summary Confined animal operations are the most regulated sector of animal agriculture Therefore, AFO and CAFO regulations are the most specific environmental rules that apply to animal agriculture These rules are components of the Clean Water Act (CWA) Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture

36. Summary Pasture and range operations are subject to very few specific environmental regulations All agriculture may be subject to the broad provisions of the Clean Water Act. A variety of less specific environmental rules may still apply to animal agriculture Building Environmental Leaders in Animal Agriculture (BELAA) DRAFT Module – Water Quality Regulation and Animal Agriculture