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IDEM Update by Commissioner Easterly

IDEM Update by Commissioner Easterly. Indiana Professional Dairy Producers June 4, 2007. IDEM’s Environmental Goal.

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IDEM Update by Commissioner Easterly

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  1. IDEM Update by Commissioner Easterly Indiana Professional Dairy Producers June 4, 2007

  2. IDEM’s Environmental Goal Increase the personal income of all Hoosiers from the current $0.88/$1.00 of the national average to at least $1.00/$1.00 of the national average while maintaining and improving Indiana’s Environmental Quality.

  3. Pilot 2006 Environmental Performance Index Yale Center for Environmental Law & Policy Yale University Center for International Earth Science Information Network (CIESIN) Columbia University http://www.yale.edu/epi/

  4. General Agricultural Issues • Ryan Westerfeld is IDEM’s Agricultural Liaison 317-232-8587 • EPA CAFO Rule Status—Proposed extension of deadlines to February 2009 • New IN Environmental Criminal Laws (SB 286) • The 2007 Legislature Considered, but did not pass a number of CAFO Bills including: • 3 Year Moratorium • Increased Fees, Increased Inspections, Increased Notification, Good Character, OISC Shall regulate Nutrient Application • Preemption Language

  5. IDEM Regulates Confined Feeding: CFOs and CAFOs • Confined Feeding (IC 13-11-2-39): • Animals fed and maintained at least 45 days in any 12 month period and • Vegetation covers less than 50% of confinement area • Confined Feeding may be: • Exempt from regulation due to size. • Regulated as a CFO (Confined Feeding Operation) under State Law. • Regulated as a CAFO (Concentrated Animal Feeding Operation) through IDEM’s Administration of Federal Regulations.

  6. Confined Feeding, CFOs and CAFOs • Confined Feeding Operation (CFO) laws apply to any person who owns, operates, designs, constructs or closes a permitted site • Minimum number of animals to become a CFO (IC 13-11-2-40) • Cattle – 300 • Swine & Sheep – 600 • Fowl – 30,000 • Smaller operators may elect to be permitted as a CFO • Smaller operators that violate water quality standards may be required to become permitted as a CFO

  7. CFO – Nutrient Management • Manure storage facilities must be structurally sound and provide at least 6 months storage capacity • Must demonstrate access to sufficient acreage suitable for land application • Land application is based upon agronomic rate calculations including: • The nutrient needs of crops to be grown • The nutrient levels in the manure and commercial fertilizer • Soil nutrient levels

  8. CFO – Permit Requirements • Record keeping • IDEM Facility Inspections – on site • Monitoring equipment • Waste management systems • Farm practices • Sampling • Adherence to the permit terms • Enforcement • IDEM CFO’s and CAFO’s are regulated as “zero discharge” facilities • CFO Permits are not federally enforceable.

  9. Concentrated Animal Feeding Operations - CAFO • Animal Feeding Operations where large numbers of animals are fed and raised on a small plot of land rather than grazed • EPA considers CAFOs a potential point source of pollution and requires them to obtain an NPDES because of the potential for waste to enter waters of the U.S. through accidental discharges • A recent US court decision (2nd Circuit) found that EPA could not regulate based on the “potential” for a facility to have a discharge • EPA will change the CAFO regulatory requirements to comply with the court ruling—target is now February 2009.

  10. CAFO – Size Definitions *not a liquid manure system **regulated if they have discharged into waters of the US

  11. 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 • Numerous Recent Legal Challenges to IDEM’s CAFO Permits

  12. 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

  13. Number of Farms (CFO & CAFO)

  14. Number of Animals Raised in Indiana

  15. 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

  16. 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

  17. 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

  18. CFO/CAFO Program Financials • CAFO/CFO – 25 staff (17 FTEs) • Fee Revenue: $42,000 • Current program expenses: $1,200,000 • Annual Number of permits issued: 121 • Annual Number of Permit renewals: 435 • Annual Number of Inspections: 1000 • 2007 Legislature did appropriate $450,000 per year to better fund the program

  19. 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

  20. Questions? Tom Easterly 100 N. Senate Ave. IGCN 1301 Indianapolis, IN 46204 (317) 232-8611 Fax (317) 233-6647 teasterly@idem.in.gov

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