Eric Schaeffer

1
Clean Water Network (CWN) CAFO Briefing

• Eric Schaeffer
• Environmental Integrity Project
• June 2, 2009

2
Animal Feeding Operations (AFOs)

• Animal Feeding operation
• Agricultural operation where animals are
  kept/raised in confinement animals are confined
  for at least 45 days in a 12-month period and
  there is no grass/vegetation in the confinement
  area during the normal growing season.
• (http//www.epa.gov/region07/water/cafo/index.htm)
  .

3
Concentrated Animal Feeding Operations (CAFOs)

• A CAFO is an AFO that meets certain size
  requirements (here are a few examples)
• Large CAFO 1,000 or more Cattle 700 or more
  Dairy Cattle 2,500 or more Swine (over 55 lbs),
  10,000 or more Swine (under 55 lbs).
• Medium CAFO 300-999 Cattle, 200-699 Dairy
  Cattle, 750-2499 Swine (over 55 lbs), 3,000-9,999
  Swine (under 55 lbs).
• Small CAFO less than 300 Cattle, less than 200
  Dairy Cattle, less than 750 Swine (over 55 lbs),
  less than 3,000 Swine (under 55 lbs).
• (http//www.epa.gov/npdes/pubs/sector_table.pdf).
  

4
CAFOs are Widespread in the United States

• According to the epa
• There are 19,000 medium and large CAFOs in the
  U.S and 75 of these may need NPDES permits.
• However, only 9,000 or 47 of these have NPDES
  permits (as of March, 2009).
• (http//www.epa.gov/compliance/resources/newslette
  rs/civil/enfalert/cafo-alert09.pdf at p.2).

5
CAFOs Impact Water Quality

• CAFOS IMPACT WATER QUALITY
• CAFOs discharge nutrient rich manure into surface
  waters, resulting in surface water impairment.
• States are required to keep a list of all
  impaired waters in the state (http//www.epa.gov/o
  wow/tmdl/intro.html) and to submit a report to
  EPA on state water quality. (See CWA sections
  303(d) and 305(b)(1) respectively).
• States frequently attribute impaired water
  quality to agriculture and to animal feeding
  operations in particular.

6
CAFOs Impact Water Quality

• In Illinois, Animal Feeding Operations are listed
  as a potential source of stream impairment in 634
  stream miles throughout the state and agriculture
  is listed as a potential source of impairment of
  2,092 acres of inland lakes.
• Michigan attributes 1,407 miles of impairment in
  rivers/streams to animal feeding/handling under
  the category of agriculture.
• From state CWA 305(b) reports including impaired
  waters listed under 303(d).

7
Legal Authority for Regulating CAFO Discharges
into Waters of the United States

• statute
• The Clean Water Act (CWA) is the primary statute
  that covers discharges from CAFOs and CAFO
  permitting.
• Regulation
• CAFOs are regulated under EPA CAFO rules. After
  a long history of legal action, the final 2008
  Final CAFO rule is now in effect.

8
2008 Final CAFO Rule

• Who must obtain a permit
• 1) If CAFO discharges or proposes to discharge,
  then CAFO is required to apply for an NPDES
  permit. 2008 Final CAFO Rule at 70423.
• 2) A CAFO can certify that it does not propose to
  discharge. Id. at 70426.
• Revised National Pollutant Discharge Elimination
  System Permit Regulation and Effluent Limitations
  Guidelines for Concentrated Animal Feeding
  Operations in Response to the Waterkeeper
  Decision, 40 CFR Parts 9, 122 and 412, Vol. 73,
  No. 225 available at http//cfpub.epa.gov/npdes/af
  o/cafofinalrule.cfm hereinafter 2008 Final CAFO
  Rule.

9
2008 Final CAFO Rule

• Proposal to discharge
• CAFO proposes to discharge if based on an
  objective assessment it is designed, constructed,
  operated, or maintained such that a discharge
  will occur, not simply such that it might occur.
  Id. at 70423.

10
2008 Final CAFO RuleVoluntary Certification

• no discharge Certification
• A CAFO has the option to certify that it does
  not discharge or propose to discharge. This is
  completely voluntary. Id. at 70426.
• Difference between uncertified and certified CAFO
• A CAFO that does not certify and has a discharge
  is liable for the discharge (violation of Clean
  Water Act) failure to apply for a permit
  (permit application requirements). Id.
• A CAFO that certifies and discharges is only
  liable for the discharge under the Clean Water
  Act. Id.

11
Air Emissions From CAFOs Are Significant

• Based on EPA Estimates
• The Poultry industry alone released an estimated
  700 million tons of ammonia to air in 2007-more
  than all other non-agricultural industries
  combined.
• Broiler producers in the top ten states released
  nearly 500 million pounds of ammonia- more than 8
  times the combined total reported to the toxics
  release inventory (TRI) by all industrial
  sources.
• This data is based on scientific studies cited to
  in EIPs report online (http//www.environmentalin
  tegrity.org/pub569.cfm)

12
CAFO Ammonia Emissions Can Exceed OSHA Limits

• OSHA limits ammonia emissions to 25 parts per
  million (ppm) over an 8 hour average/35ppm over a
  15 minute period.
• Studies at tysons Broiler operations and at an
  Indiana egg laying operation measured ammonia
  above both short and long term osha levels.
• (http//www.environmentalintegrity.org/pub567.cfm)

13
Ammonia Emissions Affect Public Health

• Ammonia is toxic and exposure to ammonia
  irritates the eyes, skin, throat, and lungs.
• For more detail on the public health effects of
  ammonia, see the ATSDR toxicological profile for
  ammonia at http//www.atsdr.cdc.gov/toxprofiles/tp
  126.html.

14
Ammonia Emitted by Broiler Operations (2007)
15
Ammonia Emitted by Egg Laying Operations (2007)
16
From the Illinois Citizens for Clean Air Water
(ICCAW), DeClerk CAFO, Mercer County,
IllinoisDischarge-in-ProgressLagoon discharging
into stream via berm wall

• ..

17
From ICCAW, Northwest Illini Beef CAFO, Carroll
County, IllinoisDischarge about to happen Land
application area, lagoon, and feedlot adjacent to
Straddle Creek
18
From ICCAW, Northwest Illini Beef CAFO, Carroll
County, IllinoisDifferent View- note the large
surface waterway parallel to the lagoon and
intersecting with Straddle Creek.
19
From the Assateague Coastal Trust and the
Assateague COASTKEEPERPrincess Anne, MD,
February 5, 2009Poultry CAFOs Surround
Residential Street