EPA, USDA Release Draft Plan
To Federalize Feedlot Rules

WASHINGTON — USDA and the U.S. Environmental Protection Agency last week released a draft version of a scheme to impose nationwide regulation on livestock feeding operations.

The draft proposal is promoted as an effort to curb animal waste runoff. A final plan will be released after a four-month public comment period.

"This draft plan is the most aggressive strategy ever proposed to address this problem and protect our nation's rivers, lakes and streams," said EPA administrator Carol Browner.

The two departments have been working on the proposal as part of the Clean Water Act, which President Clinton signed in February.

Agriculture Secretary Dan Glickman said the plan would be "customer-driven."

"We want to hear from owners and operators of animal feeding operations," he said.

Under the proposal, "confined animal feeding operations," or CAFOs, which contain 1000 or more head of livestock would have to receive permits from their respective states to ensure their compliance in waste disposal. Currently, state regulations vary, with some being tougher than others. Federal authorities contend a single nationwide standard is needed to prevent companies from seeking out lax states and to keep areas equal economically.

Smaller operations, which are considered those with less than 1000 animals, could also face permitting if they have a history of poor management of waste or are located near a body of water that is seriously polluted.

Large feeding operations would also have to develop nutrient management programs, which would establish guidelines such as what animals are fed and how waste is stored and handled.

Smaller operations would be urged, but not required, to develop nutrient management programs.

Of the 450,000 confined animal feeding operations in the country, about 15,000 to 20,000 are considered "large" operations.

One industry official questioned whether the agencies have the legal authority to create such regulations.

"If they want to change the regulations or change the law they need to either go to Congress or through the federal regulatory process," said Richard Lobb, spokesman for the National Broiler Council. Lobb said his organization had not taken a position on the draft.

He said the industries were already working to address the waste problem.

"In many states there are very viable programs to work with farmers on these issues and a great deal of progress is already being made," Lobb said.

Sen. Tom Harkin, D-Iowa, is a staunch promoter of federal regulations. He called the plan a "good beginning."

"The strategy is a good blueprint of a national approach to deal with animal waste pollution problems around the country," said Harkin, who introduced a similar bill last year.

On a related note, EPA has agreed to allow the Texas Natural Resources Conservation Commission to administer federal wastewater rules in Texas. The state, supported by the Texas Cattle Feeders Association, has sought such authority for 20 years.

TCFA government affairs director Ross Wilson called it a "historic accomplishment," noting that "feedyards in Texas will now be able to obtain all required federal and state environmental permits from (TNRCC)."

Oklahoma and New Mexico feedyards will continue to operate under permits issued by EPA’s Region 6 office.