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4-13-2005 |
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MEETINGS DETAIL NEW COURT RULING ON ANIMAL FEEDING OPERATIONS Three meetings on a recent court ruling regarding the Environmental Protection Agency's (EPA) animal feeding operation/concentrated animal feeding operation (AFO/CAFO) regulations drew about 100 people and provided attendees with the latest information on EPA's program to regulate farm runoff as a point source. The meetings were held in Pendleton, Grant and Hardy Counties and were sponsored by the West Virginia Department of Agriculture (WVDA), USDA's Natural Resource Conservation Service (NRCS) and the WVU Extension Service, along with other agriculture and conservation organizations. "I'm pleased to see that the farm community is interested in the outcome of this case and in continuing its work to protect our state's vital water resources," said Commissioner of Agriculture Gus R. Douglass. The U.S. Second Circuit Court of appeals ruled March 1 that landowners can no longer be required to apply for a permit without proof that they are violating water quality standards, a long-standing criticism of previous regulations. However, AFOs of any size that are deemed to violate water quality standards may now have to apply for a pollution discharge permit, whether or not they qualify as a large CAFO based purely on the number of animals confined. AFOs are defined as an area where animals are confined and fed for a total of 45 days in a 12-month period, and where vegetation is not sustained in the normal growing season over any portion of the lot or facility. "The effect of this new rule is that any farm causing significant pollution - not just the large ones - can now be forced to go through the full permitting process," said Christina Richmond, WVDA Poultry and Environmental Specialist. Although the agricultural storm-water exemption was upheld in the ruling, Richmond said she still strongly recommends following approved nutrient management plans (NMP), installing conservation measures and maintaining good records as the best defenses against being cited for water quality violations. Pasture-based operations will generally be exempt from permitting, said Herma Johnson , WVDA Regulatory and Environmental Affairs Division Director. "But I warn farmers that they need to pay special attention to any confinement and waste areas, particularly if they are near a stream. The ruling uses the term 'significant source' of pollution and those are the places you would likely find problems," she said. "In considering the issue of overall water quality, it's important that we not unfairly lay the blame for water pollution at the feet of the farmer," said Commissioner Douglass. "For example, the Chesapeake Bay Program's initial estimates on agricultural runoff in the Potomac watershed did not accurately represent conservation measures already on the ground. As more data has been added, we've seen substantial reductions in the runoff the model says is coming from agricultural sources." The most recent version of the model shows an 11 percent drop in nitrogen, a 3 percent drop in phosphorus and a 6 percent drop in sediment levels attributable to agricultural measures already on the ground. "Any farmer who doesn't already have conservation measures and a nutrient management plan really should get them. There are numerous programs available that provide assistance and cost-share dollars," said Commissioner Douglass. The West Virginia Department of Agriculture protects plant, animal and human health through a variety of scientific, regulatory and consumer protection programs, as mandated by state law. The Commissioner of Agriculture is one of six statewide elected officials in West Virginia. Currently, Commissioner Gus R. Douglass is the longest-serving agriculture commissioner in the nation. For more information, visit www.wvagriculture.org. |
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