New EPA rule makes feedlot management plans subject to public comment in permit process

The Environmental Protection Agency has finalized new rules for concentrated animal feeding operations, EPA said in a news release. This is the first time" EPA has required a nutrient management plan for manure to be submitted as part of a CAFO's Clean Water Act permit application," the release notes. CAFO operators are already required to follow such plans, but now will have to submit them with the permit applications, making the plan subject to public comment and perhaps better enforcement.

"Manure contains the nutrients nitrogen and phosphorus, which, when not managed properly on agricultural land, can pollute nearby streams, lakes, and other waters," EPA notes. "The regulation also requires that an owner or operator of a CAFO that actually discharges to streams, lakes and other waters apply for a permit under the Clean Water Act. EPA is providing an opportunity for CAFO operators who do not discharge or propose to discharge to obtain certification as zero dischargers."

The Natural Resources Defense Council calls that a loophole, reports Robert McClure of the Seattle Post-Intelligencer. The council also argued that CAFOs would be allowed to "avoid certain environmental enforcement," McClure writes. "For instance, if an operator certifies that the facility won't have a discharge, environmental authorities will ignore enforcement action, even if the facility discharges to the nation's waters." NRDC also complained that the rule "rejects improvements in technology that would reduce harmful bacteria and other pathogens contained in animal waste, missing an opportunity to prevent water pollution and threats to public health," McClure reports.

Hog producers "applauded the new regulations," reports Ann Bagel Storck of MeatingPlace.com. (Read more) For a map showing state-by-state concentrations of factory farms and animals, from Food & Water Watch, click here.