Draft Unified National Strategy for Animal Feeding Operations; Meeting

Federal RegisterNov 17, 1998

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DEPARTMENT OF AGRICULTURE

ENVIRONMENTAL PROTECTION AGENCY

Draft Unified National Strategy for Animal Feeding Operations;

Meeting

AGENCY: Department of Agriculture and Environmental Protection Agency.

ACTION: Notice of Meeting.

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SUMMARY: Notice is hereby given that the United States Department of

Agriculture (USDA) and the U.S. Environmental Protection Agency (EPA)

will conduct 11 public listening sessions where interested individuals

can ask questions and provide feedback on the draft Unified National

Strategy for Animal Feeding Operations. This national strategy is one

of the key actions in the Clean Water Action Plan announced by

President Clinton in February 1998.

The public is invited to attend the sessions and attain a better

understanding of the draft strategy. After a brief overview of the

draft strategy, a question and answer discussion will be held. Those

who wish to speak at a session may either make arrangements in advance

by calling the contact listed for the session or sign up at the

session. Time for each speaker will be limited to allow time for all to

be heard.

All are encouraged to provide detailed written comments concerning

the draft strategy. Written comments will not be accepted at the

sessions, but addressed envelopes will be provided for mailing written

comments. Written comments will be accepted through January 19, 1999,

and should be mailed to Denise C. Coleman, Program Analyst, USDA

Natural Resources Conservation Service, ATTN: AFO, P.O. Box 2890,

Washington, DC 20013-2890, or sent via e-mail to

[email protected].

DATES AND LOCATIONS: The meetings will be held November 16 through

December 15 at the following locations:

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Location Date

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Tulsa, OK................................ November 16.

Harrisburg, PA........................... November 17.

Ontario, CA.............................. November 23.

Madison, WI.............................. November 30.

Seattle, WA.............................. December 3.

Des Moines, IA........................... December 4.

Chattanooga, TN.......................... December 9.

Indianapolis, IN......................... December 10.

Fort Worth, TX........................... December 10.

Denver, CO............................... December 14.

Annapolis, MD............................ December 15.

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FOR FURTHER INFORMATION CONTACT: To obtain additional information about

a specific meeting, contact one of the following or visit the World

Wide Web at http://cleanwater.gov.

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Location Contact Person Phone Address

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Tulsa, OK.............................. Ronnie Clark, USDA-NRCS... 405-742-1204 USDA Agri-Center Bldg.,

Brad Lamb, EPA Region 6... 214-665-6683 1445 Ross Ave. (6WQ-AG),

Dallas, TX 75202.

Harrisburg, PA......................... Janet Oertly, USDA-NRCS... 717-237-2200 1 Credit Union Place,

Suite 340, Harrisburg,

PA 17110-2993.

Joe Piotrowski, EPA Region 215-814-2310 1650 Arch Street,

3. Philadelphia, PA 19103.

Ontario, CA............................ Jeff Vonk, USDA-NRCS...... 530-757-8215 2121-C 2nd Street, Suite

102, Davis, CA 95616-

5475.

Virginia Donahue, EPA 415-744-2275 75 Hawthorne Street, San

Region 9. Francisco, CA 94105.

Madison, WI............................ Pat Leavenworth, USDA-NRCS 608-276-8732 6515 Watts Road, Suite

x229 200, Madison, WI 53719-

2726.

Steve Jann, EPA Region 5.. 312-886-2446 77 West Jackson Blvd.,

Chicago, IL 60604-7804.

Seattle, WA............................ Joe Roberto, EPA Region 10 206-553-1669 1200 6th Ave., Seattle,

WA 98101.

Leonard Jordan, USDA-NRCS. 509-323-2900 Rock Pointe Tower II, W.

316 Boone Avenue, Suite

450, Spokane, WA 99201-

2348.

Des Moines, IA......................... Leroy Brown, USDA-NRCS.... 515-284-6655 693 Federal Building, 210

Walnut Street, Suite

693, Des Moines, IA

50309-2180.

Ralph Summers, EPA Region 913-551-7418 726 Minnesota Ave.,

7. Kansas City, KS 66101.

Chattanooga, TN........................ Roosevelt Childress, EPA 404-562-9279 Atlanta Federal Center,

Region 4. 61 Forsyth St., SW,

Atlanta, GA 30303.

James Ford, USDA-NRCS..... 617-736-5471 675 U.S. Courthouse, 801

Broadway, Nashville, TN

37203-3878.

Indianapolis, IN....................... Bob Eddleman, USDA-NRCS... 317-290-3200 6013 Lakeside Blvd.,

Indianapolis, IN 46278-

2933.

[[Page 63824]]

Steve Jann, EPA Region 5.. 312-886-2446 77 West Jackson Blvd.,

Chicago, IL 60604.

Fort Worth, TX......................... Brad Lamb, EPA Region 6... 214-665-6683 1445 Ross Ave., Dallas,

TX 75202.

John Burt, USDA-NRCS...... 254-742-9800 W.R. Poage Building, 101

South Main Street,

Temple, TX 76501-7682.

Denver, CO............................. Mike Reed, EPA Region 8... 303-312-6132 One Denver Place, 999

18th St., Denver, CO

80202-2413.

Steve Black, USDA-NRCS.... 313-236-2886 655 Parfet Street, Room

x202 E200C, Lakewood, CO

80215-5517.

Annapolis, MD.......................... Joe Piotrowski, EPA Region 215-814-2310 1650 Arch St.,

3. Philadelphia, PA 10103.

Dave Doss, USDA-NRCS...... 410-757-0861 John Hanson Business

x314 Center, 339 Busch's

Frontage Road, Suite

301, Annapolis, MD 21401-

5534.

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SUPPLEMENTARY INFORMATION: Over the past quarter century, the United

States has made tremendous progress in cleaning up its rivers, lakes,

and coastal waters. While pollution from factories and sewage treatment

plants has been dramatically reduced, runoff from city streets,

agricultural activities (including animal feeding operations), and

other sources continues to degrade the environment and puts drinking

water at risk.

In February 1998, President Clinton released the Clean Water Action

Plan (CWAP), which provides a blueprint for restoring and protecting

water quality across the Nation. The CWAP identifies polluted runoff as

the most important remaining source of water pollution and provides for

a coordinated effort to reduce polluted runoff from a variety of

sources. As part of this effort, the CWAP calls for USDA and EPA to

develop a Unified National Strategy to minimize the water quality and

public health impacts of animal feeding operations (AFOs).

The draft Unified National Strategy for AFOs discusses the

relationships between AFOs and environmental and public health, and

establishes a national performance expectation for all AFO owners and

operators. The strategy presents a series of actions that USDA and EPA

will take to minimize public health impacts and improve water quality

while complementing the long-term sustainability of livestock

production.

Background

AFOs are agricultural enterprises where animals are kept and raised

in confined situations. Approximately 450,000 AFOs in the United States

congregate animals, feed, manure and urine, dead animals, and

production operations on a small land area. USDA data indicate that the

vast majority of farms with livestock are small; about 85 percent of

these farms have fewer than 250 animal units. About 6,600 AFOs had more

than 1,000 animal units in 1992 and are considered to be large

operations.

In the past several decades, domestic and export market forces,

technological changes, and industry adaptations have led to substantial

changes in the animal production industry. These factors have promoted

expansion of confined production units, with growth in both existing

areas and new areas; integration and concentration of some of the

industries; geographic separation of animal production and feed

production operations; and the concentration of large quantities of

manure and wastewater on farms and in some watersheds.

AFOs can pose a number of risks to water quality and public health,

mainly because of the amount of animal manure and wastewater they

generate. Manure and wastewater from AFOs have the potential to

contribute pollutants, such as nutrients (e.g., nitrogen, phosphorus),

sediment, pathogens, heavy metals, hormones, antibiotics, and ammonia

to the environment. These pollutants can cause several types of water

quality and public health impacts.

Even though many diverse sources contribute to water pollution,

States report that agriculture is the most widespread source of

pollution in the Nation's surveyed rivers. In the 22 states that

categorized impacts from specific types of agriculture, animal

operations impact about 35,000 river miles of those miles assessed.

While there are other potential environmental impacts associated with

AFOs (e.g., odor, habitat loss, ground water depletion), this strategy

focuses on addressing surface and ground water quality problems. Once

implemented, however, this strategy will indirectly benefit other

resources.

USDA and EPA's National Performance Expectation

To minimize water quality and public health impacts from AFOs and

land application of animal waste, this draft Unified National Strategy

for AFOs establishes a national performance expectation that all AFO

owners and operators develop and implement technically sound and

economically feasible Comprehensive Nutrient Management Plans (CNMPs).

A CNMP identifies actions that will be implemented to meet clearly-

defined nutrient management goals at an agricultural operation. The

following types of actions are contained in a CNMP:

Feed Management--Where possible, animal diets and feed should be

modified to reduce the amounts of nutrients in manure.

Manure Handling and Storage--Manure needs to be handled and stored

properly to prevent water pollution from AFOs.

Land Application of Manure--Land application is the most common,

and usually most desirable, method of utilizing manure because of the

value of the nutrients and organic matter. Land application in

accordance with the CNMP should minimize water quality and public

health risk.

Land Management--Tillage, crop residue management, grazing

management, and other conservation practices should be used to minimize

movement to surface and ground water of soil, organic materials,

nutrients, and pathogens from lands where manure is applied.

Record Keeping--AFO operators should keep records that indicate the

quantity of manure produced and ultimate utilization, including where,

when, and in what amounts nutrients were applied.

Other Utilization Options--In vulnerable watersheds, where the

potential for environmentally sound land application is limited,

alternative uses of manure, such as the sale of manure to other

farmers, composting and sale of compost to home owners,

[[Page 63825]]

and using manure for power generation, may need to be considered.

AFO owners and operators may seek technical assistance for the

development and implementation of CNMPs from qualified specialists.

These specialists should assist in implementation and provide ongoing

assistance through periodic reviews and revisions of CNMPs, as

appropriate.

Relationship of Voluntary and Regulatory Programs

Voluntary and regulatory programs serve complementary roles in

providing AFO owners and operators and the animal agricultural industry

with the assistance and certainty they need to achieve individual

business and personal goals, and in ensuring protection of water

quality and public health.

Voluntary Program for Most AFOs

Voluntary programs provide an enormous opportunity to help AFO

owners and operators and communities address water quality and public

health concerns surrounding AFOs. For the vast majority of AFOs,

voluntary efforts will be the principal approach to assist owners and

operators in developing and implementing CNMPs, and in reducing water

pollution and public health risks associated with AFOs. While CNMPs are

not required for AFOs participating in voluntary programs, they are

strongly encouraged as the best possible means of managing potential

water quality and public health impacts from these operations.

There are three types of voluntary programs to assist AFO owners

and operators. USDA and EPA are both committed to promoting locally led

conservation as one of the most effective ways to help AFO owners and

operators achieve their conservation goals. Environmental education can

bring an awareness of possible water quality problems and inform AFO

owners and operators about practices that will address such problems. A

variety of financial and technical assistance programs exist to provide

AFO owners and operators advice in developing CNMPs and implementing

solutions and to defray the costs of approved/needed structures (e.g.,

waste storage facilities for small operations) or to implement other

practices, such as installation of conservation buffers to protect

water quality.

Regulatory Program for Some AFOs

Impacts from certain higher risk AFOs are addressed through

National Pollutant Discharge Elimination System (NPDES) permits under

the authority of the Clean Water Act. AFOs that meet certain specified

criteria in the NPDES regulations are referred to as concentrated

animal feeding operations or CAFOs.

NPDES permits will require CAFOs to develop CNMPs and to meet other

conditions that minimize the threat to water quality and public health

and otherwise ensure compliance with the requirements of the Clean

Water Act. NPDES permits will also ensure that the animal waste from

CAFOs will be disposed of properly and require reporting on whether the

permittee has a CNMP for land application of animal waste and whether

it is being implemented properly. The draft strategy identifies three

categories of CAFOs that are priorities for the regulatory program:

Significant Manure Production--Large facilities (those with greater

than 1,000 animal units) produce quantities of manure that are a risk

to water quality and public health whether the facilities are well

managed or not.

Unacceptable Conditions--Facilities that have constructed

conveyances that discharge animal waste to waters or have a direct

discharge to waters that pass through the facility or come into direct

contact with animals represent a significant risk to water quality and

public health.

Significant Contributors to Water Quality Impairment--A facility or

a collection of facilities that is significantly contributing to, or is

likely to significantly contribute to, impairment of a waterbody and

nonattainment of a designated use is also a priority for the NPDES

permitting program.

The draft strategy supplements these regulatory program priorities

with two types of incentives for some types of AFOs. Smaller CAFOs that

meet certain conditions may exit the regulatory program at the end of

their permit term if they correct the problem(s) that caused them to be

covered by the regulatory program. The draft strategy also describes a

``good faith incentive'' for some AFOs to avoid being covered by the

regulatory program if they have and are implementing a CNMP.

Strategic Issues

The draft Unified National Strategy for AFOs addresses seven

strategic issues. The discussion of each strategic issue identifies

several action items.

Building Capacity for CNMP Development and Implementation--The

successful implementation of this strategy depends on the availability

of qualified specialists from either the private or public sector to

assist in the development and implementation of CNMPs. The draft

strategy describes actions to substantially increase AFO owners and

operators' access to technical assistance for developing and

implementing CNMPs.

Accelerating Voluntary, Incentive-Based Programs--The draft

strategy sets out a desired outcome that all AFOs will have CNMPs by

2008. Several actions, including review and revision of USDA's practice

standards, development of CNMP guidance, fair and equitable program

delivery, and options for financial assistance, are directed toward

achieving this objective.

Implementing and Improving the Existing Regulatory Program--The

draft strategy clarifies the applicability and the requirements of the

existing regulatory program, identifies permitting and enforcement

priorities, and describes EPA's plans to strengthen and improve

existing regulations.

Coordinated Research, Technical Innovation, Compliance Assistance,

and Technology Transfer--USDA and EPA will establish coordinated

research, technical innovation, technology transfer, and compliance

assistance activities, and establish a single point information center.

Encouraging Industry Leadership--The animal agriculture industry

can play a key role in helping to encourage adoption of CNMPs and in

addressing water quality problems on individual AFOs. The draft

strategy includes possible actions that USDA and EPA may take to

promote industry involvement.

Data Coordination--Several kinds of data are useful in assessing

and managing the water quality impacts of AFOs. USDA and EPA's efforts

to coordinate on data sharing will both protect the trust relationship

between USDA and farmers and provide regulatory authorities with

information that is useful in protecting water quality and public

health.

Performance Measures and Accountability--USDA and EPA believe that

it is critical to establish performance measures to gauge success in

implementing this draft strategy and meeting relevant goals in each

agency's strategic plan established under the Government Performance

and Results Act. USDA and EPA will develop an approach for measuring

the effectiveness of efforts to minimize the water quality and public

health impacts of AFOs.

Next Steps

USDA and EPA published the draft Unified National Strategy for AFOs

in the Federal Register for public review

[[Page 63826]]

on September 21, 1998. The draft strategy is also available on the

World Wide Web at http://www.nrcs.usda.gov or http://www.epa.gov/owm/

afostrat.htm.

USDA and EPA welcome your comments on the draft Unified National

Strategy for AFOs. Comments are due by January 19, 1999.

Dated: November 9, 1998.

Glenda Humiston,

Deputy Under Secretary, Natural Resources and the Environment,

Department of Agriculture, Washington, DC.

J. Charles Fox,

Assistant Administrator for Water, Environmental Protection Agency,

Washington, DC.

[FR Doc. 98-30666 Filed 11-16-98; 8:45 am]

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