CFO and CAFO Regulatory Issues
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Transcript of CFO and CAFO Regulatory Issues
CFO and CAFO Regulatory Issues
IN Pork ProducersJanuary 30, 2007
General Issues Introduce Ryan Westerfeld EPA CAFO Rule Status IN Senate Environmental Committee
Hearing Summary—3 Bills 3 Year Moratorium Increased Fees, Increased Inspections,
Increased Notification, Good Character, OISC Shall regulate Nutrient Application
Preemption Language
Environment, who pays? Issue permits Protect Surface and Ground Water Quality Approve Long Term Control Plans Write petitions to redesignate
communities to attainment for Ozone Inspect for compliance
Protecting human health and the environment in Indiana is not free
Environmental Fees
Funding for environmental regulation comes from three sources:
Federal – currently 28% State – currently 21% Dedicated – 51%
Fee Comparisons 2005-2007 2007-2009
Federal: $57,530,097
(18.92%) Red
General: $61,750,166
(20.31%) White
Dedicated: $86,969,087(28.61%)
Dedicated: $91,318,803(30.05%)
Federal: $84,618,622
(27.85%) Red
General: $64,860,832
(21.35%) White
ELTF: $63,047,325(20.75%) Blue
ELTF: $97,769,864(32.16%) Blue
Programs funded by users I believe the most responsible funding for
environmental programs is user-based fees.
I propose increasing fees or establishing new fees to support environmental programs
Programs funded by users Incremental move towards fee supported
programs Faster permits, trained staff, quality
assessments require fully funded programs
Improved technologies to make doing business with IDEM easier
Last major IDEM fee increase - 1994 Recent Fee increases: 2003 the Indiana General Assembly passed a fee
for drinking water systems. 2005 the Excess Liability Trust Fund received an
additional $0.002 per gallon and a full $0.01 on special fuels, formerly exempt.
2006 the Air Pollution Control Board increased Title V air permits by 25%
Accomplishments Reduce permit backlogs in all programs Petitioned EPA to redesignate all communities to
attainment for Ozone Reduce outside contracts for regulatory functions Reduce administrative duplication by combining
support functions with other state agencies (e.g. IOT, SPD, OLC)
Agency Goals IDEM will continue towards our goal to be
clear, consistent and speedy. In order to sustain the current activity or
meet even higher standards of responsiveness the level of funding for programs needs to be sustained.
Fee Proposals CAFO/CFO – 25 staff (17 FTEs) Fee Revenue: $42,000 Expenses: $1.2M Proposed Fee Revenue: $2.8 Annual Number of permits issued: 121 Annual Number of Permit renewals: 435 Number of Compliance Inspections: 1100
(Proposed)
Fee Proposals
NPDES – 79 staff Fee Revenue: $3.8M Expenses: $5.5M Proposed Fee Revenue: $4.75M Annual Number of permits issued: 340 Proposed increase is 25% Currently 68% fees / 32% general funds
Fee Proposals Drinking Water/Wastewater Operator
Certification – 6 staff Fee Revenue: $146,000 Expenses: $420,500 Proposed Fee Revenue: $526,000 Annual Number Certifications/tests issued:
4469
Fee Proposals Wetland/Water Quality Certification – 7
staff Fee Revenue: $0 (60% federal funds/40%
state funds) Expenses: $538,000 Proposed Fee Revenue: $ 426,000 to
$549,000 Annual Number of permits issued: 760
Fee Proposals Stormwater Fees – 8 Staff Fee Revenue: $365,000 Expenses: $698,000 Proposed Fee Revenue: $1.4M Annual Number of permits issued: 4,050 Rules 5, 6 and 13 have been funded
through fees and enforcement fines
Fee Proposals Hazardous Waste – 96 staff Fee Revenue: $1.3M Expenses: $8M Proposed Fee Revenue: $4.1M Permit Review, renewal, modifications and
Corrective action plan reviews: 375 Federal funding (currently) 33% State funding (currently) 31% Fee funding (currently) 36%
CAFOs There are currently 625 CAFOs in Indiana CAFOs produce approximately 80 percent
of the animals from regulated farms IDEM is EPA’s CAFO permitting authority in
Indiana CAFOs are subject to more regulatory
requirements than CFOs CAFO environmental requirements may be
enforced by EPA and private citizens
Compliance Inspections IDEM has 16 CAFO/CFO Inspectors
These inspectors are also responsible for landfills, transfer stations, open dumps, and tire processors
Trained in various aspects specific to CAFOs/CFOs, such as nutrient management calculations
Changing Inspection Focus Inspections becoming more complex Assistance Inspections for new facilities and/or
significant new requirements For new CAFOs, one or two inspections during
construction, an assistance inspection within six months of start-up and a formal inspection six months later
Biosecurity Issues
Number of Farms (CFO & CAFO)
0
500
1,000
1,500
2,000
2,500
2001 2003 2005
SwineDairy/BeefPoultry
Number of Animals Raised in Indiana
0
50,000
100,000
150,000
200,000
2001 2002 2003 2004 2005 2006 2007
BeefDairy 0
500,0001,000,0001,500,0002,000,0002,500,0003,000,0003,500,0004,000,0004,500,0005,000,000
2001 2002 2003 2004 2005 2006 2007
Swine
05,000,00010,000,00015,000,00020,000,00025,000,00030,000,00035,000,00040,000,00045,000,00050,000,000
2001 2002 2003 2004 2005 2006 2007
Chickens0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
2001 2002 2003 2004 2005 2006 2007
Turkeys
IDEM Today CFO permits are
issued on average at 71 calendar days, 90 permit days is the statutory limit
IDEM is using a compliance assistance approach to help producers understand their environmental responsibilities in response to regulatory changes
In 2006198 Applications Received
CAFO 124 CFO 74
90 Approvals 54
32 Pending 13
2 Withdrawn 7
IDEM’s Regulatory Program
IDEM’s regulations protect human health and the environment
Illegal discharges and permit violations result in enforcement actions
IDEM is receptive to considering best practices and alternatives to traditional land application
Joining ISDA in examining fragmented State regulatory structure ISDA, IDEM, Office of State Chemist, Board of
Animal Health
Unresolved CFO & CAFO Issues
Odor management & Air Pollution No evidence that CAFO’s emit enough air pollution
to require regulation as air pollution sources ISDA task force on odors U.S.EPA study on air pollution emissions
Local zoning and planning Suburbs encroaching upon farms Environmental regulation addresses the question:
“Is human health and the environment protected?” IDEM does not address local land use issues
Increased Number of Inspectors Continued Inspector Training
Summary Comments CFO/CAFO Regulation is evolving IDEM is working with ISDA and U.S. EPA to
develop sensible regulatory approaches to agricultural production and processing
Indiana’s farmers have always been concerned about the environment and the vast majority are good stewards of the environment
A strong economy means farms that are better able to provide excellent environmental protection