from washington post: U.S. Plans Rules to Curb Livestock Waste Pollution
By Peter S. Goodman and Joby Warrick Washington Post Staff Writers Monday, September 14, 1998; Page A1
The Clinton administration plans to announce this week a move to crack down on a major source of pollution in rivers and streams by requiring the nation's largest livestock farms to develop plans to store animal waste as a condition of remaining in business, administration officials said.
The long-awaited "national strategy" for managing livestock waste will call for tougher oversight of the nation's increasing number of factory-like animal feedlots, from Eastern Maryland's pervasive poultry farms to warehouse-size hog barns in North Carolina.
The plan, to be released on Thursday, would require the largest facilities to obtain permits to operate and to develop detailed waste-management plans by 2003, according to a draft obtained by The Washington Post. Farms that fail to control pollution would face fines and a revocation of their permits.
Tens of thousands of smaller farms would be encouraged to adopt similar guidelines voluntarily by 2008 - in many cases with technical and financial assistance from federal and state agencies.
The strategy, developed jointly by the Environmental Protection Agency and the Department of Agriculture, was promised by President Clinton in February as part of a major offensive aimed at reducing polluted runoff - the primary threat to water quality in rivers and streams. A key source of the pollution, the EPA says, is large livestock farms that produce many of the 7.6 billion broiler chickens and 161 million cows and hogs raised in the United States each year. Farm animals annually generate 1.4 billion tons of manure which, if improperly managed, can contaminate water supplies and trigger algae blooms that choke waterways and kill fish.
While declining to comment on specific details of the plan, administration officials confirmed last week that the final plan will not differ markedly from the draft, which they described as a balanced approach. "We believe the final document will accomplish the goal of protecting the nation's water from agricultural runoff without burdening America's farms," said Charles Fox, EPA's assistant administrator for water.
Under current federal laws, large livestock farms are prohibited from discharging waste directly into rivers and streams, but the rules do not prevent waste from being washed off farmland by rain.
Reaction to the new rules was mixed, with farmers fearing financial hardship from tighter regulations and some politicians and environmental groups suggesting the strategy did not go far enough.
Particularly controversial are the threshold numbers that define which farms would be forced to obtain permits. Under the draft version of the guidelines, mandatory requirements apply only to farms with more than 1,000 "animal units," which translates to 1,000 beef cattle, 2,500 hogs or 100,000 broilers. Smaller farms could be brought into a mandatory regimen in areas where there are significant water quality problems or an excessive numbers of farms.
"It isn't as strict as I would like," said Sen. Tom Harkin (D-Iowa), who has drafted legislation to limit farm pollution. Harkin said he hoped to persuade the two federal agencies to bring smaller farms under the new regulatory umbrella.
Environmentalists worried that the new permits would generally be granted as a matter of right, without local inspections, and without provisions for local communities to challenge the amount of pollution allowed.
"When a huge factory farm comes to town, all they have to do is notify the authorities and they're permitted to operate," said Robbin Marks, a senior policy analyst at the Natural Resources Defense Council in Washington. "If you're talking about a facility of hundreds of thousands of animals and the potential for huge amounts of pollution, you'd want to get out and see it before the facility begins operations."
In Maryland, where livestock waste has been linked by some scientists to outbreaks by the fish-killing microbe Pfiesteria piscicida, state regulators embraced the plan. This year, Maryland adopted the nation's strictest set of regulations on agricultural pollution in the hopes of starving pfiesteria, which last summer sickened people and killed fish on several Chesapeake Bay tributaries. Scientists believe manure washing off farms is a major source of fuel for the microbe.
Maryland Secretary of the Environment Jane Nishida said the federal strategy should establish "a level playing field for Maryland farmers," ensuring that all other states are also regulating against agricultural pollution.
But on the Eastern Shore, where the poultry industry has become a focus of efforts to clean up the bay, the plan appears likely to reignite debate about who should pay for new pollution-limiting programs: brand-name poultry companies such as Perdue Farms, which own the birds, or growers who raise them under contract.
At a town meeting last week in Salisbury, on Maryland's Eastern Shore, several poultry growers complained they cannot afford the costs of a cleanup effort. They called on federal authorities to force the big companies to pay.
"Chicken litter is a byproduct of a chicken that we don't own," said one grower, David Barnes. "Somehow, the responsibility of that litter gets transferred to the poultry grower."
According to several people with knowledge of internal agency discussions, the EPA tried but failed to insert language into the plan calling on the companies to provide funds for pollution programs, but the USDA resisted and won the argument.
W. Michael McCabe, EPA regional administrator for the mid-Atlantic, has frequently expressed frustration with the big companies, asserting that they have failed to advance a credible means of limiting pollution. "Every time we have gotten close to talking about any of the tough issues - who pays - they have backed off," McCabe said at the Salisbury meeting. "My great fear is this whole environmental problem is going to land on the backs of the growers."
The permits required of larger farms will commit an owner to follow certain practices to reduce the risk of pollution. A key requirement is that each farm have a professionally prepared "conservation nutrient management plan" that spells out precisely how the owner will collect and store manure, as well as how the waste might be applied to fields as fertilizer. Owners would be obliged to keep detailed records and to test their soil regularly to ensure that there is no excess buildup of nutrients that could potentially cause trouble for nearby waterways.
Once guidelines are announced, the largest farms - those with more than 10,000 animal units - would be required to obtain general permits by 2003, with other large farms falling under the rules by 2005. Smaller farms that would be brought into the regulatory program would have another three years to comply.
c Copyright 1998 The Washington Post Company
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