The EPA’s Proposal for CAFOs: Give Factory Farms More Leeway |
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August 25, 2006
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USDA
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The U.S. Environmental Protection Agency is taking comments from the public until Aug. 29 on a proposal that would give factory farms more influence in deciding whether they need permits for waste discharged from concentrated animal feeding operations, known as CAFOs. The proposal would put the integrity of U.S. water and the health of many communities in the hands of agribusiness rather than the EPA.
The agency issued the proposal, or "revised proposed CAFO rule," after the U.S. Court of Appeals for the Second Circuit threw out a number of provisions in an earlier rule, issued in 2003, following a challenge from both industry and environmental groups.
"Duty To Apply"
Under the 2003 rule, all CAFOs either had to apply for permits under the Clean Water Act's National Pollutant Discharge Elimination System, or demonstrate that they had no potential to discharge pollutants from point sources into U.S. waters. The Second Circuit decided that this "duty to apply" provision exceeded the EPA's authority.
Under the revised proposed rule, only CAFOs that actually discharge waste or propose to discharge waste would have to apply for permits. Even CAFOs that have had past discharges and have not yet corrected the aspects of their facilities that led to the problem would not be required to apply for a permit. As the EPA noted in its request for comments, "it would be the CAFO's responsibility to decide whether or not to seek permit coverage."
CAFOs have grown in number by 22 percent from 2002 to 2005 "due to industry expansion and the trend toward larger, more concentrated facilities," according to the EPA. The proposed change to the "duty to apply" provision would result in approximately 25 percent fewer CAFOs receiving permits than the 2003 rule required.
Public Notification and Review
The court also found that that the 2003 rule violated the terms of the Clean Water Act because it didn't require an operation to include a nutrient management plan in its permit application or notice of intent. Without the plan, neither the permitting authority nor the public could review the terms before the permit was issued.
The revised proposed rule would give the permitting authority discretion as to how to provide the public with notification that a CAFO is seeking a permit. Possible methods include posting a notice on the permitting authority's web site or setting up a way for individuals to request notice by mail when a CAFO files a permit application.
The revised proposed rule would also give the permitting authority discretion in determining how long the public may review applications and provide feedback. The EPA has asked for comments on this approach and the alternate approach of providing a fixed minimum time frame for public review, such as 30 days.
Since neighbors of CAFOs suffer some of their most deleterious effects, it is critical that the public send the EPA comments on the suggested methods of notice and time frames for public review of permit applications.
Confining More Animals
Under the revised proposed rule, CAFOs would be allowed to make substantial changes in their operations for up to 180 days before public review and government approval or denial is complete.
One of the substantial changes that could be made before the permitting authority approved or denied it is "a significant increase in the number of animals" confined in the operation. Presuming that the CAFO would have to reverse any action it had taken during the 180-day period if the permitting authority decided to reject the permit modification, this could have very harmful effects on farm animals.
Farm animals travel great distances in the United States. A pig may be shipped from a farrowing operation in North Carolina to a finisher facility in Iowa. These long trips exact a great toll on the animals and commonly cause exhaustion, motion sickness, weight loss, dehydration, crippling injury, and even death. CAFOs should not be allowed to significantly increase the number of animals to be confined in the proposed expedited manner.
What You Can Do
The EPA is accepting comments on its revised proposed CAFO rule only until Aug. 29. Please take a moment to send comments to the EPA, asking them to:
1. require permits for CAFOs that have discharged in the past, and
2. exclude from the 180-day expedited implementation allowance a significant increase in the number of animals to be confined in a CAFO.
Our web form will make this quick and easy! Also, please suggest methods and time frames for public notification and review of CAFO permit applications so neighbors can voice their concerns.
Related Links
Factory Farms: Polluting the Environment and Getting Away with It
Helping the Planet...One Bite at a Time
The Case for a Plant-Centered Diet
Marks Dairy Farm Pays for Manure Spill
