Key Updates on Manure Management Regulations and Siting Processes from March 2007 Conference

1. Regulation Update Manure Management Conference March 2007

2. LMFA Siting Process • Notice of Intent to Construct (NOITC) filed w/ IDA – creates base date • Copies of NOITC mailed to all land owners w/in setback area • If >1,000 a.u. or lagoon, County Board notified & possible Public Info. Mtg. – 8 siting criteria & Co. Bd. recommendation • Construction Plans & Specs filed w/ IDA for review and approval

3. LMFA Siting Process • IDA inspections – pre, during, and post construction • Facility Certifications • Final overall determination by IDA • Facility placed into operation

4. Notice of Intent to Construct Status-Current as of March 2007 Grand Total = 1,044 Projects • 78 acknowledged • 75 expired • 102 inactive • 750 constructed • 39 under review

5. Swine 54 acknowledged 577 constructed 23 under review 61 expired 87 inactive 802 Total (76.8%) Beef 9 acknowledged 14 constructed 6 under review 3 expired 2 inactive 34 Total (3.3%) Dairy 11 acknowledged 133 constructed 6 under review 11 expired 7 inactive 168 Total (16.1%) Poultry 9 constructed 2 under review 13 Total (1.2%) Notice of Intent to Construct Status-Current as of March 2007

6. Turkey 2 acknowledged 12 constructed 1 under review 15 Total (1.4%) Equine 2 acknowledged 3 constructed 1 under review 5 inactive 11 Total (1%) Goat 1 inactive 1 Total (0.1%) Notice of Intent to Construct Status-Current as of March 2007

7. 1997 – 81 projects 1998 – 114 1999 – 39 2000 – 63 2001 – 124 Average = 102 2003 – 119 projects 2004 – 98 2005 – 137 2006 – 144 Notice of Intent to Construct YearlyProjectTotals:

9. Public Informational Meetings Meeting Summary: • 76 projects proposed that qualified for a Public Informational Meeting • 7 lagoon projects • 69 non-lagoon projects • 28 meetings requested by County Board • 15 - County Board recommended “yes” • 2 - County Board recommended “neutral” • 11 - County Board recommended “no”

10. Public Informational Meetings • Results of the 28 meetings requested by County Boards • 20 - Department approved project • 4 - Department was unable to issue a final determination – additional information requested was never received • 4 – Facility withdrew project before a final determination was made

11. House Bill 0215

12. House Bill 0215 Original Version: • Introduced by Representative Jim Sacia • Amends the LMFA by reducing storage volume requirement for solid stacking areas from 6 months to 3 months.

13. House Bill 0215 Amended Version: • Amends the LMFA storage volume requirements • Facilities < 300 animal units • Reduces solid storage volume requirement to not less than 2 months • Provided facility can demonstrate feasibility due to availability of land application areas

14. House Bill 0215 Amended Version (cont.): • Reduces liquid/semi-solid storage requirements to not less than 60 days • Provided facility can demonstrate feasibility due to availability of land application areas

15. House Bill 0215 • Targeted Focus • Small Dairy Producers • Northwestern Illinois • Overall storage volume relief for facilities in need of some additional waste storage

16. House Bill 0215 • Current LMFA Requirements • All New livestock waste handling facilities that handle waste in a solid form must have a capacity of 6 months. • Facilities that store liquid or or semi-solid waste must have a capacity of 150 days.

17. Targeted Crop Yield Goals 8 Illinois Administrative Code 900.807

18. Targeted Crop Yield Goals • Currently, LMFA Waste Management plans are required to calculate targeted crop yield goals by using: • Proven Yields • Crop Insurance Yields • Farm Service Agency • If not available then use: • Soils based yield data from NRCS

19. Concerns - Issues • Proven, crop insurance and FSA yields not always available • If not available, Soils based data from NRCS can be outdated and inaccurate • Doesn’t allow for proper manure application rates • Can I use Bulletin 810 or 811?

20. What are Bulletins 810 and 811?

21. Bulletins 810 and 811 • Bulletin 810 • 10 year crop yield estimates • Under an average level of management • In the 1990s, half of Illinois farmers obtained a lower crop yield and half obtained a higher crop yield than those established in bulletin 810

22. Bulletins 810 and 811 • Bulletin 811 • Supplement to 810 • Crop yield estimates for all Illinois soils under an optimum level of management. • Represents crop yields achieved by the top 16% of farmers in Illinois in the 1990s.

23. Possible Rule Changes • Change to allow use 810 or 811 would consist of a rulemaking change to 8 IAC 900 • Would not require change to Livestock Management Facilities Act

24. Possible Rule Changes • Change would allow LFMA WMP and NRCS – CNMP guidelines to be consistent • Would allow manure application rates to be based on most current yield data when proven yields are not available.

25. Questionsor Comments?

26. Regulation Update Manure Management Conference March 2007