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Executive Summary
The Animal Waste Problem
Nationwide, 130 times more animal manure is produced than
human waste --
5 tons for every person in the United States.
Applied to land in proper amounts, manure is a valuable
source of nitrogen, phosphorus and other crop nutrients -- but more
and more animals on larger farms means there is not enough crop
land in some areas to use all of the manure.
The Department of Agriculture reported recently that "The
continued intensification of animal production systems without regard
to the adequacy of the available land base for manure recycling
presents a serious policy problem."
Inadequate animal waste management practices often lead to water
pollution, yet there are no Federal regulations for waste handling,
storage, use or disposal.
Waste spills occur when earthen manure storage lagoons collapse,
equipment breaks, or people make mistakes -- and leaking lagoons
and runoff from fields can cause chronic animal waste pollution
of both surface and ground water.
National Solutions
The Animal Agriculture Reform Act addresses animal waste pollution
problems by requiring large animal feeding operations to develop
animal waste management plans that would follow new environmental
standards.
Any national approach to the animal waste problem should include
the following policies, found in the Animal Agriculture Reform Act:
Environmentally sound standards should be set for the handling,
storage, and use or disposal of animal waste.
Specific standards similar to those for human waste should require
treatment of excess manure that cannot be used for a beneficial
purpose.
Animal waste management practices must limit the application of
both phosphorous and nitrogen in animal manure to amounts needed
by crops.
The Environmental Protection Agency should maintain its regulatory
role, but the Department of Agriculture should be actively engaged
in setting new animal waste management standards and helping farmers
implement sound environmental practices for livestock and poultry
production.
Animal Waste Pollution
In 60 percent of rivers and streams that EPA has identified as
"impaired," agricultural runoff, including nutrients from
animal waste, is the largest contributor to pollution.
35 million gallons of spilled animal waste killed 10 million fish
in North Carolina in 1995. Last year more than 40 animal waste
spills killed 670,000 fish in Iowa, Minnesota and Missouri, up from
20 spills in 1992.
Animal wastes carry parasites, bacteria and viruses -- and can
pollute drinking water with high levels of nitrates, potentially
fatal to infants.
Nutrient pollution can come from a number of sources, but in areas
of intensive livestock production, animal waste is a leading suspect
in blooms of toxic microbes linked to excessive nutrients:
In 1997, outbreaks of the toxic microbe Pfiesteria piscicida killed
approximately 450,000 fish in North Carolina and approximately 30,000
fish in the Chesapeake Bay (Delaware, Maryland and Virginia).
Between 1972 and 1995, the number of coastal and estuarine waters
that host major, recurring attacks by harmful microbes has doubled.
22 species of harmful dinoflagellates were known in 1982; now there
are over 60.
Excessive growth and decay of algae in nutrient enriched waters
depletes available oxygen. In the Gulf of Mexico, nutrients
from farm runoff including animal waste is linked to the formation
of a "dead zone" of hypoxia (low oxygen) -- up to 7,000
square miles of water that cannot support most aquatic life.
Animal Waste Production
Estimated Annual U.S. Manure Production (1997)
1.37 Billion Tons
Animal
Solid Manure (tons/yr)
Cattle
1,229,190,000
Hogs
116,652,300
Chickens
14,394,000
Turkeys
5,425,000
===========
1,365,661,300
The manure from a 200-head dairy operation produces as much nitrogen
as is in the sewage from a community of 5,000-10,000 people.
The annual litter from a typical broiler house of 22,000 birds
contains as much phosphorous as is in the sewage from a community
of 6,000 people.
The 1,600 dairies in the Central Valley of California produce more
waste than a city of 21 million people.
On the Delmarva Peninsula outside of Washington, D.C., 600 million
chickens a year produce over 3.2 billion pounds of raw waste each
year -- as much nitrogen as from a city of almost 500,000.
Livestock Production & Concentration
Increasing concerns about the environmental consequences
of livestock and poultry production are related to the increasing
concentration of animals in certain areas of the country and on
larger farms.
Livestock Production in the United States
Broilers
7.6 Billion (1996)
Turkeys
300 Million (1996)
Hogs
103 Million (1995)
Cattle (non-dairy) 58 Million (1995)
Over the past 15 years the number of hog farms has dropped from
600,000 to 157,000, yet these farms still produce about the same
number of hogs.
In the cattle industry, 2 percent of feed operations account for
over 40 percent of all cattle sold.
Between 1969 and 1992, the number of farms with broiler houses
fell by 35 percent, but during the same time production nearly tripled.
Animal Waste & The Environment
Animal waste from intensive livestock and poultry production presents
serious risks of environmental pollution. In 60 percent of
rivers and streams that EPA has identified as "impaired,"
agricultural runoff, including nutrients from animal waste, is the
largest contributor to pollution.
Nationwide, 130 times more animal waste is produced than human
waste -- 5 tons per person -- making some large livestock operations
the waste equivalent of a town or even a large city. One dramatic
example is a 50,000 acre swine operation in southwest Utah designed
to produce 2.5 million hogs annually, with a potential waste output
greater than entire city of Los Angeles, California.
The lack of sufficient land on which to safely apply the manure
from ever larger livestock operations has created what the Department
of Agriculture calls "a serious policy problem."
Improper Handling of Animal Waste Leads to Water Pollution
Both liquid and dry animal manure can be a valuable source of crop
nutrients. But when manure is applied to land in amounts greater
than can be used by crops and retained by the soil, nitrogen, phosphorous
and other nutrients leach and run off into surface and groundwater.
Leaching from earthen waste storage lagoons also may pollute ground
water. Following a disastrous series of spills in 1995 in
North Carolina, researchers examined manure lagoons across the state
and found that half of the lagoons constructed prior to 1993 were
leaking liquid manure into the soil and groundwater.
The risk of water pollution from dry poultry litter is greatest
after it is spread on crop land, while the risk of waste spills
and chronic pollution is always present in liquid waste storage
and application systems (hogs and cattle). Equipment or structural
failures or human error can lead to waste spills while liquid waste
is being transported, stored or applied to land. Earthen lagoons,
for example, may be vulnerable to outright collapse if overloaded
or poorly maintained.
Spills of liquid animal waste directly into water have an
immediate environmental impact, choking out fish and other aquatic
life. In addition, the excessive growth and decay of algae
and other aquatic organisms that feed on excessive nutrients in
water deplete dissolved oxygen. The resulting hypoxia (low
oxygen) from chronic nutrient enrichment can result in fish kills,
odor and overall degradation of water quality.
Serious spills of animal waste into waterways have occurred
frequently in recent years. An informal survey of leading
livestock-producing states indicates that state enforcement actions
taken in response to spills or discharges nearly doubled between
1992 and 1995. In Iowa, Minnesota and Missouri (accounting
for 36 percent of hog production), recorded animal waste spills
rose from 20 in 1992 (killing at least 55,000 fish) to more than
40 in 1996 (killing at least 670,000 fish).
It has long been known that nitrogen is highly soluble and susceptible
to leaching and run off. Only recently has it been fully understood
that when soils are saturated with phosphorous, excess phosphorous
also will run off. Traditionally, application rates of manure
have been set by the amount of nitrogen going onto the land.
But because the phosphorus content of manure is proportionally much
higher than nitrogen (in relation to crop nutrient needs), this
practice can lead to the application of excess phosphorous.
Typical Animal Waste Management Practices
Animal waste consists of not only manure and urine, but also of
dead animals, used bedding, waste feed, and other residual organic
matter. All of these materials are potential sources of crop
nutrients, but also can pose environmental threats.
The composition of animal waste depends on both the kind of
animal and the way the waste is handled. Poultry operations
typically produce dry litter, with about 15-25 percent moisture
content, that may be mixed with straw or another dry material for
easier handling. The removed litter is stacked and stored
in metal or wooden structures, or on the ground on a temporary basis.
Hogs and cattle generate a manure that is more liquid, and typically
water is used to flush the manure out of the barns and into storage
facilities. The resulting "slurry" is up to 97 percent
liquid, and most commonly stored in earthen lagoons. An alternative
storage method now being adopted more widely is the "slurry
tank," which offers a greater level of structural stability
and environmental protection.
In the lagoons or tanks, many of the solids (including much of
the phosphorous) settle into a sludge at the bottom. Most
nitrogen remains dissolved in the water or volatilizes into the
atmosphere. A farmer who utilizes the animal waste for nutrients
pumps the liquid out for nutrients or irrigation, and may agitate
the sludge at pumping time to capture the nutrients that otherwise
would remain behind.
Where National Standards Are Needed
Figure 1 below illustrates several poultry waste handling methods;
Figure 2 illustrates several methods for handling hog waste.
The waste management practices pictured here, however, are not adequate
for environmental protection unless the farmer also follows proper
standards for building and maintaining the storage facilities, handling
manure properly, and spreading manure in limited quantities on the
fields. There are no Federal regulations setting these standards.
Waste storage lagoons that may be called "waste treatment
lagoons" are typically for waste storage only. Because
many of the solids settle into a sludge at the bottom of a waste
lagoon, some operations use multiple lagoons for repeated settling
and can recapture water that is clean enough to recycle for flushing
the barns.
Even these recycling systems, however, do not follow the environmental
standards associated with the treatment of human waste. For
adequate protection of the environment and human health, treatment
similar to that for municipal wastewater should be followed (as
discussed below).
Human Health Concerns
Much current attention is focused on the direct impacts of animal
waste on aquatic ecosystems, but there are also human health concerns
associated with animal waste pollution that should be studied further.
Manure contains pathogens to which humans are vulnerable, including
Salmonella and Cryptosporidium, and can pollute drinking water with
nitrates, potentially fatal to infants. More indirectly, microbes
that are toxic to animals and people are thought to thrive in waters
that have excessively high levels of nutrients from sources including
animal waste pollution.
Adopting environmentally responsible animal waste management
practices, such as those set forth in the Animal Agriculture Reform
Act, would help mitigate a number of these serious potential human
health threats. By containing animal waste properly, observing
application limits for use of manure as fertilizer, and applying
treatment standards to excess manure, the human health impacts of
animal waste can be minimized.
Animal Waste Treatment
The Animal Agriculture Reform Act calls for treatment of animal
waste, when necessary, much as municipal sewage is treated.
When too much liquid manure is produced to be used for crop nutrients
or another beneficial use, it should be treated to ensure adequate
protection of the environment and human health.
Treatment requirements similar to those that apply to human waste
should be considered as part of any comprehensive approach to managing
the 1.3 billion tons of animal manure produced annually.
Municipal Wastewater Treatment
Primary treatment -- Larger solids are removed from the water by
screening, grinding and settling. Settled solids are removed
for decomposition, and eventually may need further treatment before
disposal.
Secondary treatment -- Dissolved organic materials are reduced
by biological decomposition.
Tertiary treatment -- Additional filtration, if necessary, increases
the quality of the water and reduces the need for disinfection.
Disinfection stage -- Most of the remaining viruses and bacteria
are killed (usually with chlorine).
Some waste storage and application systems on livestock farms are
rudimentary waste treatment systems. High volumes of water
are used to flush out the manure into below-building pits, and then
into waste lagoons. In a lagoon or tank, many of the solids
settle into a sludge at the bottom. By using multiple lagoons
for repeated settling, a livestock operation can recapture water
from the waste stream that is clean enough to recycle for flushing
the barns. Typically such "treatment," however,
is designed only to recycle water, not to provide environmental
safeguards.
Composting
Composting animal waste prior to land application offers significant
benefits, although currently it is practical only for dry waste
(poultry) operations. The composting of manure, dead animals
and other organic materials breaks down organic compounds so they
may be more readily used by crops, and the high heat naturally generated
by composting kills pathogens. For these reasons, composting
may be an adequate treatment for dry waste. Composted dry
waste also may be sold commercially for fertilizer.
Animal Waste Pollution -- Examples
In 60 percent of rivers and streams identified by EPA as "impaired,"
agricultural runoff, including animal waste, is the largest contributor
to pollution.
In 1995 in North Carolina:
35 million gallons of animal waste spilled into the state's waterways.
Kills of 10 million fish were attributed largely to animal waste
pollution.
Animal waste pollution closed over 360,000 acres of coastal wetlands
to shellfish harvesting.
In Iowa, Minnesota and Missouri -- accounting for 36 percent of
1996 U.S. swine production -- recorded animal waste spills rose
from 20 in 1992 (killing at least 55,000 fish) to more than 40 in
1996 (killing at least 670,000 fish).
Between 1972 and 1995, the number of coastal and estuarine waters
that host major, recurring attacks by harmful microbes has doubled
-- and nutrient enrichment from sources including animal waste is
the leading suspect.
In 1997, approximately 450,000 fish were killed in North Carolina
by the toxic microbe Pfiesteria piscicida, whose increased presence
in estuarine waters is linked to excess nutrients from animal waste
and farm runoff.
In 1997, an estimated 30,000 fish were killed in the Chesapeake
Bay by Pfiesteria, implicating nutrient runoff from the poultry
farms on the Delmarva Peninsula that produce over 600 million birds
per year.
Symptoms reported among people with close exposure to Pfiesteria
in its toxic form include memory loss, respiratory problems and
skin rashes.
22 species of harmful dinoflagellates were known in 1982; now there
are over 60.
Public concerns about nutrient enrichment of waterways also have
been heightened by other attacks by toxic algae and microbes in
recent years:
3 people dead and 100 sick in Canada
162 dolphins, a sea lion and at least 4 whales dead in Mexico
Thousands of tropical fish dead off Florida
304 dead manatees in Florida
Hundreds of brown pelicans dead in California
Gulf of Mexico: Nutrients from farm runoff, including animal
waste, are linked to the formation of a so-called "dead zone"
of hypoxia (low oxygen) in the Gulf as large as 7,000 square miles.
Animal Waste Production -- Fact Sheet & Maps
The following maps detail concentrations of manure across the
country, measured by both nitrogen and phosphorous from manure.
This concentration makes it significantly more difficult to effectively
manage animal waste and utilize manure for such beneficial uses
as fertilizer.
Maps soon to be released by USDA indicate that in a number of these
areas of high concentration there is simply not enough crop land
to utilize the manure.
Estimated Annual U.S. Manure Production (1997)
1.37 Billion Tons
Animal
Solid Manure (tons/yr)
Cattle
1,229,190,000
Hogs
116,652,300
Chickens
14,394,000
Turkeys
5,425,000
===========
1,365,661,300
More than five tons of animal manure are produced each year for
every person in the United States, compared to about 80 pounds of
solid human waste.
The annual production of over 600 million chickens on the Delmarva
Peninsula (the Chesapeake Bay tri-state area) yields:
Over 3.2 billion pounds of raw waste each year.
13.8 million pounds of phosphorous.
48.2 million pounds of nitrogen -- as much nitrogen as in the
waste from a city of 490,000.
The 1,600 dairies in the Central Valley of California produce more
waste than a city of 21 million people.
A 50,000 acre swine operation under construction in Utah is designed
to produce up to 2.5 million hogs per year -- with a potential
waste output greater than that of the city of Los Angeles.
The manure from a 200-head dairy operation produces as much nitrogen
as is in the sewage from a community of 5,000-10,000 people.
The annual litter from a typical broiler house of 22,000 birds
contains as much phosphorous as is in the sewage from a community
of 6,000 people.
Livestock Manure and Nutrient Production
Solid Manure
(tons/yr/animal) Nitrogen
(lbs/yr/animal) Phosphate
(lbs/yr/animal)
Hogs
Finishing Hogs 1.9 29 18
Breeding Sows 3.1 39 25
Cattle
Milk Cows 20 239 120
Beef Cows 12 147 73
(tons/1000-head-yr) (lbs/1000-head-yr) (lbs/1000-head-yr)
Chickens
Layers 10 816 672
Broilers 9 585 585
Turkeys 35 1400 1400
Livestock Concentration -- Fact Sheet, Charts & Map
Increasing concerns about the environmental consequences
of livestock and poultry production are related to the increasing
concentration of animals in certain areas of the country and on
larger farms. The resulting concentrations of manure make
it much more difficult to manage waste responsibly and utilize all
the manure for fertilizer.
This concentration of animals without sufficient crop land in those
areas for manure application is an increasing problem. In
1992, for example, the largest hog operations (more than 2,500 hogs
per farm) held more than 27 percent of the nation's hogs but owned
only 3 percent of crop land associated with animal operations.
The following charts show that while the number of farms raising
various types of livestock and poultry have declined, the number
of animals produced has risen at the same time. The map following
the charts shows the regions where these animals are now concentrated.
Livestock Production in the United States
Broilers
7.6 Billion (1996)
Turkeys
300 Million (1996)
Hogs
103 Million (1995)
Cattle (non-dairy) 58 Million (1995)
Thirty years ago there were more than a million hog farms across
the country. Over the past 15 the number of hog farms has
dropped from 600,000 to 157,000, yet the country's hog invyears
entory has remained almost the same.
As a result of increased concentration, just 3 percent of the nation's
hog farms produce more than 50 percent of the nation's hogs.
2 percent of cattle feed operations account for over 40 percent
of all cattle sold.
Between 1969 and 1992, the number of farms with broiler houses
fell by 35 percent, but during the same time production nearly tripled.
In 1996, 55 percent of hog production took place in four states.
In the same year, the four-state concentration for poultry production
was 53 percent.
Out of 640,000 U.S. livestock farms, 450,000 are confined feedlot
operations.
About 6,600 of those animal feeding operations account for about
35% of total US livestock production.
Current National Actions
Clinton Administration Clean Water Action Plan
In October, Vice President Gore directed the Environmental Protection
Agency and the Department of Agriculture to work with other Federal
agencies to develop a Clean Water Action Plan by February 14, 1998.
The Plan will describe specific actions that Federal agencies will
take to: 1) protect public health; 2) prevent polluted runoff;
and 3) promote community-based watershed management.
The Vice President listed animal feeding operations as a key source
of water pollution to be addressed by the Action Plan.
Environmental Protection Agency
EPA is considering actions to address animal waste pollution,
including:
New Clean Water Act regulations;
Increased inspections of operations; and
Stepped up enforcement against polluting operations.
Department of Agriculture
USDA is working with EPA on the Administration's Clean Water Action
Plan. The Natural Resources Conservation Service is reviewing
and revising guidelines on animal waste management.
National Environmental Dialogue on Pork Production
The National Environmental Dialogue on Pork Production (NEDPP)
is a working group composed of the Department of Agriculture, the
Environmental Protection Agency, several state environmental and
agriculture departments, and individual pork producers affiliated
with the National Pork Producers Council.
This month, the NEDPP recommended that environmental regulations
for swine operations:
Apply to all sizes of commercial operations.
Require new operations to comply with recognized engineering standards.
Limit manure application by crop nutrient needs and soil nutrient
levels.
Require certification and training for facility
operators.
Require setbacks from water bodies, residences
and other public facilities.
Allow public notice and comment on proposed operations.
The Animal Agriculture Reform Act, S. 1323
Senator Tom Harkin (D-IA) introduced the Animal Agriculture Reform
Act in the United States Senate on October 28, 1997. The bill
calls for national environmental standards for the handling of animal
waste by large animal feeding operations. These standards
would be implemented through mandatory animal waste management plans
approved by the Department of Agriculture.
The bill does not interfere with the regulatory role of the Environmental
Protection Agency or state governments. Instead, it provides
a directive for USDA to implement waste management standards on
individual farms. USDA is not required to monitor for pollution.
Under the Animal Agriculture Reform Act:
Livestock and poultry operations would submit detailed
plans to USDA for:
Minimizing animal waste runoff and leaching into
water.
Operating, monitoring, maintaining and inspecting
waste storage facilities.
Handling, transporting, storing, applying and
treating animal waste.
Building containment systems according to national
technical standards.
Containing accidental waste spills.
Manure may not be applied in amounts that exceed crop
nutrient requirements and increase the risk of water pollution.
Liquid manure that cannot be applied in accordance
with nutrient restrictions or put to another beneficial use must
be treated in accordance with waste water treatment standards.
Funding for USDA's Environmental Quality Incentives
Program would be quadrupled from $200 million per year to $800 million
per year, and assistance for smaller operations to prepare animal
waste management plans would be a priority.
Animal owners are responsible for preparing and complying
with the animal waste management plan, even if they contract with
others to raise the animals.
If EPA or a state finds that an operation is a significant
polluter, USDA must review the operation's compliance with its management
plan. USDA may close an operation that does not comply with
its plan or fails to file an approved plan.
State and local governments may apply tougher standards
than those in the bill.
Waste management plans are mandatory for operations
over an approximate capacity of 1,330 hogs; 57,000 chickens; 270
dairy cattle; or 640 feeder cattle.
Current Regulations & Programs
The Environmental Protection Agency
Several Federal statutes under the Environmental Protection
Agency's jurisdiction cover some aspect of animal feeding operations.
Of these, the Clean Water Act is the most significant. However,
regulations under this statute are limited, and do not cover such
critical issues as land application of manure, nutrient management,
animal waste management plans and engineering standards.
The Clean Water Act of 1972 (CWA)
The CWA is the most significant federal statute covering livestock
operations. Under the CWA, no point source may discharge pollutants
unless it is in accordance with a permit issued by EPA or a state
under EPA's National Pollutant Discharge Elimination System (NPDES).
The CWA defines a "point source" as:
"any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal
feeding operation (CAFO), or vessel or other floating craft, from
which pollutants are or may be discharged."
The CWA does not specifically define a CAFO.
EPA's regulations, written in 1976, define a CAFO as an animal feeding
facility in which animals are confined for 45 days or more out of
a 12-month period, over which no crops or forage growth is sustained,
and that either:
Contains 1,000 animal units and has the potential
to discharge pollutants into water by any means;
Contains over 300 animal units and is discharging
pollutants through a man-made device (e.g., pipes or ditches) directly
into a water body; or
Is designated a CAFO after a site inspection
determines that the operation is or has the potential to be a significant
polluter, no matter its size.
1,000 pound "animal units" equal 1,000 slaughter
and feeder cattle; 700 dairy cattle; 2,500 hogs; 500 horses; or
10,000 sheep. For poultry, 1,000 animal units are equivalent
to about 250,000 layers; 455,000 broilers; or 66,700 turkeys.
(EPA's CAFO regulations set different thresholds for poultry, using
55,000 turkeys and from 30,000 to 100,000 chickens depending on
the type of operation.)
An NPDES permit prohibits discharges to water except those
resulting from a storm exceeding a 25-year, 24 hour storm (i.e.,
the number of inches of rainfall in a 24-hour period that it is
expected only once every 25 years). An animal feeding operation
that only discharges in the event of a 25-year, 24-hour storm is
not considered a CAFO.
Coastal Zone Act Reauthorization Amendments of 1990
CZARA calls upon states with federally-approved coastal
zone management programs (voluntary programs under the original
Coastal Zone Management Act of 1972) to implement coastal nonpoint
pollution control programs. EPA's technical guidance for such
nonpoint control programs includes management measures for "confined
animal facilities."
Although CZARA management measures apply to farms smaller
than those specified under the CWA CAFO regulations, any CAFO with
an NPDES permit is exempt from CZARA requirements.
Safe Drinking Water Act
Under the SDWA, animal feeding operations that are
identified as a source of groundwater contamination, are within
a designated wellhead protection area, or that are located near
public water systems may be subject to additional discharge limitations
or management practices.
The United States Department of Agriculture
USDA does not have regulations that govern animal waste management.
However, the Natural Resources Conservation Service provides conservation
assistance to farmers that includes waste and nutrient management
for livestock and poultry farms.
Under the new Environmental Quality Incentives Program
(EQIP), established by the 1996 Farm Bill:
USDA enters into 5- to 10-year contracts with
farmers to provide financial, technical and educational assistance
for conservation measures. Farmers must implement a conservation
plan.
Farmers may receive cost-share payments and incentive
payments for conservation measures including manure management facilities
and nutrient management plans.
Fifty percent of EQIP funding is targeted to
livestock production. Owners of large confined livestock operations
(over 1,000 animal units--see discussion under the Clean Water Act
above) are not eligible for cost-share assistance for animal waste
storage or treatment facilities. Technical, educational, and
financial assistance may be provided for other conservation practices
on these large operations.
The States
A survey of 29 states indicates that laws regulating animal
waste and manure management vary widely. State and local laws
that affect the management of animal feeding operations generally
regulate one or more of the following aspects: (1) size or
structure of operations; (2) location of facilities; and (3) practices
of the operation. A number of states have used the NPDES program
as a starting point, and have added additional requirements to those
found in EPA's NPDES regulations.
Many states and localities have enacted new laws and regulations
very recently, and this is an area of intense activity. North
Carolina and Kentucky, for example, recently imposed moratoria on
the construction of most new livestock operations.
Among aspects of livestock operations regulated by various
states are:
Separation distances between livestock operations and
water wells, private homes, or property lines;
Amounts of land available for manure application;
Manure application methods and amounts;
Capacity of manure storage structures;
Allowable seepage from waste lagoons;
Construction standards; and
Disposal of dead animals.
In some states, disputes have arisen as to whether local jurisdictions
have the authority to regulate livestock and poultry operations.
Among the sources of legal authority advanced to justify local control
are zoning and health ordinances. Typically, proponents of
local control are seeking more stringent regulation than is provided
by state law.
Conclusion
Animal waste pollution is a national problem, and current
Federal regulations are an inadequate solution. There are
no regulations at the national level that set specific requirements
for the storage or application of manure, nutrient management, animal
waste management plans or construction standards.
Although many states are grappling with this issue on their
own, new minimum environmental standards for animal waste management
should be established at the Federal level to ensure nationwide
protection of the environment and human health.
While the Environmental Protection Agency should maintain
its regulatory role, the Department of Agriculture should be actively
engaged in setting new animal waste management standards.
USDA is the only Federal department with a national staff in place
to help farmers implement sound environmental practices for livestock
and poultry production.
As part of any new Federal approach to this issue, all large
livestock and poultry operations should be required to adopt animal
waste management plans that:
Limit the application of both phosphorous and nitrogen
to the amounts that can be used by crops.
Detail safe methods for handling, storing and applying
or disposing of manure.
Specify how excess manure that cannot be used for crop
nutrients or another beneficial purpose will be treated to minimize
environmental threats.
Animal waste is not the only threat to water quality.
But action must be taken now to minimize the risks to our nation's
ground and surface water from livestock and poultry production.
Comprehensive national standards for animal waste management, such
as those set forth in the Animal Agriculture Reform Act, are an
important step toward improving water quality across America.
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July 1997.
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Water Quality: A Report of Progress. Sept. 1997.
U.S. Department of Agriculture, Natural Resources Conservation Service.
Animal Manure Management. NRCS/RCA Issue Brief 7. December
1995.
U.S. Environmental Protection Agency. Guide Manual on NPDES
Regulations for Concentrated Animal Feeding Operations. Dec.
1995.
U.S. Environmental Protection Agency. Executive Summary of
the National Water Quality Inventory: 1994 Report to Congress.
Dec. 1995.
U.S. Environmental Protection Agency, Office of Inspector General.
Animal Waste Disposal Issues, Report of Audit. Mar. 31, 1997.
U.S. Environmental Protection Agency, Office of Inspector General.
Semiannual Report to the Congress. May 1997.
Warrick, Joby. "Tiny Plants Threaten the Bounty of the
Seas." The Washington Post, Sept. 23, 1997.
Williams, Bob. "Boss Hog's New Frontier."
The News & Observer, Aug. 3, 1997. hile most livestock and poultry
producers are responsible stewards, the increasing concentration
of animal waste is an environmental challenge with national environmental
and human health consequences. This is a challenge we must
deal with at the national level. National standards also would
help prevent larger producers from moving from state to state seeking
weaker environmental regulations.
Because of the national importance of this issue, we should move
quickly to establish common sense safeguards that will both protect
our environment and ensure a sustainable livestock industry.
My bill seeks to resolve these problems in ways that are both environmentally
responsible and economically feasible for livestock and poultry
producers. I look forward to Congressional review of my bill
and other proposals early in the upcoming session.
Contents
Executive Summary 1
Animal Waste & The Environment 4
Animal Waste Treatment 9
Animal Waste Pollution -- Examples 10
Animal Waste Production -- Fact Sheet & Maps 11
Livestock Concentration -- Fact Sheet, Charts 15
Current National Actions
Clinton Administration Clean
Water Action Plan
Environmental Protection
Agency
Department of Agriculture
National Environmental
Dialogue on
Pork Production 20
The Animal Agriculture Reform Act, S. 1323 21
Current Regulations & Programs
The Environmental Protection
Agency
The United States Department
of Agriculture
The States 22
Conclusion 25
References 26
Executive Summary
The Animal Waste Problem
Nationwide, 130 times more animal manure is produced than
human waste --
5 tons for every person in the United States.
Applied to land in proper amounts, manure is a valuable
source of nitrogen, phosphorus and other crop nutrients -- but more
and more animals on larger farms means there is not enough crop
land in some areas to use all of the manure.
The Department of Agriculture reported recently that "The
continued intensification of animal production systems without regard
to the adequacy of the available land base for manure recycling
presents a serious policy problem."
Inadequate animal waste management practices often lead to water
pollution, yet there are no Federal regulations for waste handling,
storage, use or disposal.
Waste spills occur when earthen manure storage lagoons collapse,
equipment breaks, or people make mistakes -- and leaking lagoons
and runoff from fields can cause chronic animal waste pollution
of both surface and ground water.
National Solutions
The Animal Agriculture Reform Act addresses animal waste pollution
problems by requiring large animal feeding operations to develop
animal waste management plans that would follow new environmental
standards.
Any national approach to the animal waste problem should include
the following policies, found in the Animal Agriculture Reform Act:
Environmentally sound standards should be set for the handling,
storage, and use or disposal of animal waste.
Specific standards similar to those for human waste should require
treatment of excess manure that cannot be used for a beneficial
purpose.
Animal waste management practices must limit the application of
both phosphorous and nitrogen in animal manure to amounts needed
by crops.
The Environmental Protection Agency should maintain its regulatory
role, but the Department of Agriculture should be actively engaged
in setting new animal waste management standards and helping farmers
implement sound environmental practices for livestock and poultry
production.
Animal Waste Pollution
In 60 percent of rivers and streams that EPA has identified as
"impaired," agricultural runoff, including nutrients from
animal waste, is the largest contributor to pollution.
35 million gallons of spilled animal waste killed 10 million fish
in North Carolina in 1995. Last year more than 40 animal waste
spills killed 670,000 fish in Iowa, Minnesota and Missouri, up from
20 spills in 1992.
Animal wastes carry parasites, bacteria and viruses -- and can
pollute drinking water with high levels of nitrates, potentially
fatal to infants.
Nutrient pollution can come from a number of sources, but in areas
of intensive livestock production, animal waste is a leading suspect
in blooms of toxic microbes linked to excessive nutrients:
In 1997, outbreaks of the toxic microbe Pfiesteria piscicida killed
approximately 450,000 fish in North Carolina and approximately 30,000
fish in the Chesapeake Bay (Delaware, Maryland and Virginia).
Between 1972 and 1995, the number of coastal and estuarine waters
that host major, recurring attacks by harmful microbes has doubled.
22 species of harmful dinoflagellates were known in 1982; now there
are over 60.
Excessive growth and decay of algae in nutrient enriched waters
depletes available oxygen. In the Gulf of Mexico, nutrients
from farm runoff including animal waste is linked to the formation
of a "dead zone" of hypoxia (low oxygen) -- up to 7,000
square miles of water that cannot support most aquatic life.
Animal Waste Production
Estimated Annual U.S. Manure Production (1997)
1.37 Billion Tons
Animal
Solid Manure (tons/yr)
Cattle
1,229,190,000
Hogs
116,652,300
Chickens
14,394,000
Turkeys
5,425,000
===========
1,365,661,300
The manure from a 200-head dairy operation produces as much nitrogen
as is in the sewage from a community of 5,000-10,000 people.
The annual litter from a typical broiler house of 22,000 birds
contains as much phosphorous as is in the sewage from a community
of 6,000 people.
The 1,600 dairies in the Central Valley of California produce more
waste than a city of 21 million people.
On the Delmarva Peninsula outside of Washington, D.C., 600 million
chickens a year produce over 3.2 billion pounds of raw waste each
year -- as much nitrogen as from a city of almost 500,000.
Livestock Production & Concentration
Increasing concerns about the environmental consequences
of livestock and poultry production are related to the increasing
concentration of animals in certain areas of the country and on
larger farms.
Livestock Production in the United States
Broilers
7.6 Billion (1996)
Turkeys
300 Million (1996)
Hogs
103 Million (1995)
Cattle (non-dairy) 58 Million (1995)
Over the past 15 years the number of hog farms has dropped from
600,000 to 157,000, yet these farms still produce about the same
number of hogs.
In the cattle industry, 2 percent of feed operations account for
over 40 percent of all cattle sold.
Between 1969 and 1992, the number of farms with broiler houses
fell by 35 percent, but during the same time production nearly tripled.
Animal Waste & The Environment
Animal waste from intensive livestock and poultry production presents
serious risks of environmental pollution. In 60 percent of
rivers and streams that EPA has identified as "impaired,"
agricultural runoff, including nutrients from animal waste, is the
largest contributor to pollution.
Nationwide, 130 times more animal waste is produced than human
waste -- 5 tons per person -- making some large livestock operations
the waste equivalent of a town or even a large city. One dramatic
example is a 50,000 acre swine operation in southwest Utah designed
to produce 2.5 million hogs annually, with a potential waste output
greater than entire city of Los Angeles, California.
The lack of sufficient land on which to safely apply the manure
from ever larger livestock operations has created what the Department
of Agriculture calls "a serious policy problem."
Improper Handling of Animal Waste Leads to Water Pollution
Both liquid and dry animal manure can be a valuable source of crop
nutrients. But when manure is applied to land in amounts greater
than can be used by crops and retained by the soil, nitrogen, phosphorous
and other nutrients leach and run off into surface and groundwater.
Leaching from earthen waste storage lagoons also may pollute ground
water. Following a disastrous series of spills in 1995 in
North Carolina, researchers examined manure lagoons across the state
and found that half of the lagoons constructed prior to 1993 were
leaking liquid manure into the soil and groundwater.
The risk of water pollution from dry poultry litter is greatest
after it is spread on crop land, while the risk of waste spills
and chronic pollution is always present in liquid waste storage
and application systems (hogs and cattle). Equipment or structural
failures or human error can lead to waste spills while liquid waste
is being transported, stored or applied to land. Earthen lagoons,
for example, may be vulnerable to outright collapse if overloaded
or poorly maintained.
Spills of liquid animal waste directly into water have an
immediate environmental impact, choking out fish and other aquatic
life. In addition, the excessive growth and decay of algae
and other aquatic organisms that feed on excessive nutrients in
water deplete dissolved oxygen. The resulting hypoxia (low
oxygen) from chronic nutrient enrichment can result in fish kills,
odor and overall degradation of water quality.
Serious spills of animal waste into waterways have occurred
frequently in recent years. An informal survey of leading
livestock-producing states indicates that state enforcement actions
taken in response to spills or discharges nearly doubled between
1992 and 1995. In Iowa, Minnesota and Missouri (accounting
for 36 percent of hog production), recorded animal waste spills
rose from 20 in 1992 (killing at least 55,000 fish) to more than
40 in 1996 (killing at least 670,000 fish).
It has long been known that nitrogen is highly soluble and susceptible
to leaching and run off. Only recently has it been fully understood
that when soils are saturated with phosphorous, excess phosphorous
also will run off. Traditionally, application rates of manure
have been set by the amount of nitrogen going onto the land.
But because the phosphorus content of manure is proportionally much
higher than nitrogen (in relation to crop nutrient needs), this
practice can lead to the application of excess phosphorous.
Typical Animal Waste Management Practices
Animal waste consists of not only manure and urine, but also of
dead animals, used bedding, waste feed, and other residual organic
matter. All of these materials are potential sources of crop
nutrients, but also can pose environmental threats.
The composition of animal waste depends on both the kind of
animal and the way the waste is handled. Poultry operations
typically produce dry litter, with about 15-25 percent moisture
content, that may be mixed with straw or another dry material for
easier handling. The removed litter is stacked and stored
in metal or wooden structures, or on the ground on a temporary basis.
Hogs and cattle generate a manure that is more liquid, and typically
water is used to flush the manure out of the barns and into storage
facilities. The resulting "slurry" is up to 97 percent
liquid, and most commonly stored in earthen lagoons. An alternative
storage method now being adopted more widely is the "slurry
tank," which offers a greater level of structural stability
and environmental protection.
In the lagoons or tanks, many of the solids (including much of
the phosphorous) settle into a sludge at the bottom. Most
nitrogen remains dissolved in the water or volatilizes into the
atmosphere. A farmer who utilizes the animal waste for nutrients
pumps the liquid out for nutrients or irrigation, and may agitate
the sludge at pumping time to capture the nutrients that otherwise
would remain behind.
Where National Standards Are Needed
Figure 1 below illustrates several poultry waste handling methods;
Figure 2 illustrates several methods for handling hog waste.
The waste management practices pictured here, however, are not adequate
for environmental protection unless the farmer also follows proper
standards for building and maintaining the storage facilities, handling
manure properly, and spreading manure in limited quantities on the
fields. There are no Federal regulations setting these standards.
Waste storage lagoons that may be called "waste treatment
lagoons" are typically for waste storage only. Because
many of the solids settle into a sludge at the bottom of a waste
lagoon, some operations use multiple lagoons for repeated settling
and can recapture water that is clean enough to recycle for flushing
the barns.
Even these recycling systems, however, do not follow the environmental
standards associated with the treatment of human waste. For
adequate protection of the environment and human health, treatment
similar to that for municipal wastewater should be followed (as
discussed below).
Human Health Concerns
Much current attention is focused on the direct impacts of animal
waste on aquatic ecosystems, but there are also human health concerns
associated with animal waste pollution that should be studied further.
Manure contains pathogens to which humans are vulnerable, including
Salmonella and Cryptosporidium, and can pollute drinking water with
nitrates, potentially fatal to infants. More indirectly, microbes
that are toxic to animals and people are thought to thrive in waters
that have excessively high levels of nutrients from sources including
animal waste pollution.
Adopting environmentally responsible animal waste management
practices, such as those set forth in the Animal Agriculture Reform
Act, would help mitigate a number of these serious potential human
health threats. By containing animal waste properly, observing
application limits for use of manure as fertilizer, and applying
treatment standards to excess manure, the human health impacts of
animal waste can be minimized.
Animal Waste Treatment
The Animal Agriculture Reform Act calls for treatment of animal
waste, when necessary, much as municipal sewage is treated.
When too much liquid manure is produced to be used for crop nutrients
or another beneficial use, it should be treated to ensure adequate
protection of the environment and human health.
Treatment requirements similar to those that apply to human waste
should be considered as part of any comprehensive approach to managing
the 1.3 billion tons of animal manure produced annually.
Municipal Wastewater Treatment
Primary treatment -- Larger solids are removed from the water by
screening, grinding and settling. Settled solids are removed
for decomposition, and eventually may need further treatment before
disposal.
Secondary treatment -- Dissolved organic materials are reduced
by biological decomposition.
Tertiary treatment -- Additional filtration, if necessary, increases
the quality of the water and reduces the need for disinfection.
Disinfection stage -- Most of the remaining viruses and bacteria
are killed (usually with chlorine).
Some waste storage and application systems on livestock farms are
rudimentary waste treatment systems. High volumes of water
are used to flush out the manure into below-building pits, and then
into waste lagoons. In a lagoon or tank, many of the solids
settle into a sludge at the bottom. By using multiple lagoons
for repeated settling, a livestock operation can recapture water
from the waste stream that is clean enough to recycle for flushing
the barns. Typically such "treatment," however,
is designed only to recycle water, not to provide environmental
safeguards.
Composting
Composting animal waste prior to land application offers significant
benefits, although currently it is practical only for dry waste
(poultry) operations. The composting of manure, dead animals
and other organic materials breaks down organic compounds so they
may be more readily used by crops, and the high heat naturally generated
by composting kills pathogens. For these reasons, composting
may be an adequate treatment for dry waste. Composted dry
waste also may be sold commercially for fertilizer.
Animal Waste Pollution -- Examples
In 60 percent of rivers and streams identified by EPA as "impaired,"
agricultural runoff, including animal waste, is the largest contributor
to pollution.
In 1995 in North Carolina:
35 million gallons of animal waste spilled into the state's waterways.
Kills of 10 million fish were attributed largely to animal waste
pollution.
Animal waste pollution closed over 360,000 acres of coastal wetlands
to shellfish harvesting.
In Iowa, Minnesota and Missouri -- accounting for 36 percent of
1996 U.S. swine production -- recorded animal waste spills rose
from 20 in 1992 (killing at least 55,000 fish) to more than 40 in
1996 (killing at least 670,000 fish).
Between 1972 and 1995, the number of coastal and estuarine waters
that host major, recurring attacks by harmful microbes has doubled
-- and nutrient enrichment from sources including animal waste is
the leading suspect.
In 1997, approximately 450,000 fish were killed in North Carolina
by the toxic microbe Pfiesteria piscicida, whose increased presence
in estuarine waters is linked to excess nutrients from animal waste
and farm runoff.
In 1997, an estimated 30,000 fish were killed in the Chesapeake
Bay by Pfiesteria, implicating nutrient runoff from the poultry
farms on the Delmarva Peninsula that produce over 600 million birds
per year.
Symptoms reported among people with close exposure to Pfiesteria
in its toxic form include memory loss, respiratory problems and
skin rashes.
22 species of harmful dinoflagellates were known in 1982; now there
are over 60.
Public concerns about nutrient enrichment of waterways also have
been heightened by other attacks by toxic algae and microbes in
recent years:
3 people dead and 100 sick in Canada
162 dolphins, a sea lion and at least 4 whales dead in Mexico
Thousands of tropical fish dead off Florida
304 dead manatees in Florida
Hundreds of brown pelicans dead in California
Gulf of Mexico: Nutrients from farm runoff, including animal
waste, are linked to the formation of a so-called "dead zone"
of hypoxia (low oxygen) in the Gulf as large as 7,000 square miles.
Animal Waste Production -- Fact Sheet & Maps
The following maps detail concentrations of manure across the
country, measured by both nitrogen and phosphorous from manure.
This concentration makes it significantly more difficult to effectively
manage animal waste and utilize manure for such beneficial uses
as fertilizer.
Maps soon to be released by USDA indicate that in a number of these
areas of high concentration there is simply not enough crop land
to utilize the manure.
Estimated Annual U.S. Manure Production (1997)
1.37 Billion Tons
Animal
Solid Manure (tons/yr)
Cattle
1,229,190,000
Hogs
116,652,300
Chickens
14,394,000
Turkeys
5,425,000
===========
1,365,661,300
More than five tons of animal manure are produced each year for
every person in the United States, compared to about 80 pounds of
solid human waste.
The annual production of over 600 million chickens on the Delmarva
Peninsula (the Chesapeake Bay tri-state area) yields:
Over 3.2 billion pounds of raw waste each year.
13.8 million pounds of phosphorous.
48.2 million pounds of nitrogen -- as much nitrogen as in the
waste from a city of 490,000.
The 1,600 dairies in the Central Valley of California produce more
waste than a city of 21 million people.
A 50,000 acre swine operation under construction in Utah is designed
to produce up to 2.5 million hogs per year -- with a potential
waste output greater than that of the city of Los Angeles.
The manure from a 200-head dairy operation produces as much nitrogen
as is in the sewage from a community of 5,000-10,000 people.
The annual litter from a typical broiler house of 22,000 birds
contains as much phosphorous as is in the sewage from a community
of 6,000 people.
Livestock Manure and Nutrient Production
Solid Manure
(tons/yr/animal) Nitrogen
(lbs/yr/animal) Phosphate
(lbs/yr/animal)
Hogs
Finishing Hogs 1.9 29 18
Breeding Sows 3.1 39 25
Cattle
Milk Cows 20 239 120
Beef Cows 12 147 73
(tons/1000-head-yr) (lbs/1000-head-yr) (lbs/1000-head-yr)
Chickens
Layers 10 816 672
Broilers 9 585 585
Turkeys 35 1400 1400
Livestock Concentration -- Fact Sheet, Charts & Map
Increasing concerns about the environmental consequences
of livestock and poultry production are related to the increasing
concentration of animals in certain areas of the country and on
larger farms. The resulting concentrations of manure make
it much more difficult to manage waste responsibly and utilize all
the manure for fertilizer.
This concentration of animals without sufficient crop land in those
areas for manure application is an increasing problem. In
1992, for example, the largest hog operations (more than 2,500 hogs
per farm) held more than 27 percent of the nation's hogs but owned
only 3 percent of crop land associated with animal operations.
The following charts show that while the number of farms raising
various types of livestock and poultry have declined, the number
of animals produced has risen at the same time. The map following
the charts shows the regions where these animals are now concentrated.
Livestock Production in the United States
Broilers
7.6 Billion (1996)
Turkeys
300 Million (1996)
Hogs
103 Million (1995)
Cattle (non-dairy) 58 Million (1995)
Thirty years ago there were more than a million hog farms across
the country. Over the past 15 the number of hog farms has
dropped from 600,000 to 157,000, yet the country's hog invyears
entory has remained almost the same.
As a result of increased concentration, just 3 percent of the nation's
hog farms produce more than 50 percent of the nation's hogs.
2 percent of cattle feed operations account for over 40 percent
of all cattle sold.
Between 1969 and 1992, the number of farms with broiler houses
fell by 35 percent, but during the same time production nearly tripled.
In 1996, 55 percent of hog production took place in four states.
In the same year, the four-state concentration for poultry production
was 53 percent.
Out of 640,000 U.S. livestock farms, 450,000 are confined feedlot
operations.
About 6,600 of those animal feeding operations account for about
35% of total US livestock production.
Current National Actions
Clinton Administration Clean Water Action Plan
In October, Vice President Gore directed the Environmental Protection
Agency and the Department of Agriculture to work with other Federal
agencies to develop a Clean Water Action Plan by February 14, 1998.
The Plan will describe specific actions that Federal agencies will
take to: 1) protect public health; 2) prevent polluted runoff;
and 3) promote community-based watershed management.
The Vice President listed animal feeding operations as a key source
of water pollution to be addressed by the Action Plan.
Environmental Protection Agency
EPA is considering actions to address animal waste pollution,
including:
New Clean Water Act regulations;
Increased inspections of operations; and
Stepped up enforcement against polluting operations.
Department of Agriculture
USDA is working with EPA on the Administration's Clean Water Action
Plan. The Natural Resources Conservation Service is reviewing
and revising guidelines on animal waste management.
National Environmental Dialogue on Pork Production
The National Environmental Dialogue on Pork Production (NEDPP)
is a working group composed of the Department of Agriculture, the
Environmental Protection Agency, several state environmental and
agriculture departments, and individual pork producers affiliated
with the National Pork Producers Council.
This month, the NEDPP recommended that environmental regulations
for swine operations:
Apply to all sizes of commercial operations.
Require new operations to comply with recognized engineering standards.
Limit manure application by crop nutrient needs and soil nutrient
levels.
Require certification and training for facility
operators.
Require setbacks from water bodies, residences
and other public facilities.
Allow public notice and comment on proposed operations.
The Animal Agriculture Reform Act, S. 1323
Senator Tom Harkin (D-IA) introduced the Animal Agriculture Reform
Act in the United States Senate on October 28, 1997. The bill
calls for national environmental standards for the handling of animal
waste by large animal feeding operations. These standards
would be implemented through mandatory animal waste management plans
approved by the Department of Agriculture.
The bill does not interfere with the regulatory role of the Environmental
Protection Agency or state governments. Instead, it provides
a directive for USDA to implement waste management standards on
individual farms. USDA is not required to monitor for pollution.
Under the Animal Agriculture Reform Act:
Livestock and poultry operations would submit detailed
plans to USDA for:
Minimizing animal waste runoff and leaching into
water.
Operating, monitoring, maintaining and inspecting
waste storage facilities.
Handling, transporting, storing, applying and
treating animal waste.
Building containment systems according to national
technical standards.
Containing accidental waste spills.
Manure may not be applied in amounts that exceed crop
nutrient requirements and increase the risk of water pollution.
Liquid manure that cannot be applied in accordance
with nutrient restrictions or put to another beneficial use must
be treated in accordance with waste water treatment standards.
Funding for USDA's Environmental Quality Incentives
Program would be quadrupled from $200 million per year to $800 million
per year, and assistance for smaller operations to prepare animal
waste management plans would be a priority.
Animal owners are responsible for preparing and complying
with the animal waste management plan, even if they contract with
others to raise the animals.
If EPA or a state finds that an operation is a significant
polluter, USDA must review the operation's compliance with its management
plan. USDA may close an operation that does not comply with
its plan or fails to file an approved plan.
State and local governments may apply tougher standards
than those in the bill.
Waste management plans are mandatory for operations
over an approximate capacity of 1,330 hogs; 57,000 chickens; 270
dairy cattle; or 640 feeder cattle.
Current Regulations & Programs
The Environmental Protection Agency
Several Federal statutes under the Environmental Protection
Agency's jurisdiction cover some aspect of animal feeding operations.
Of these, the Clean Water Act is the most significant. However,
regulations under this statute are limited, and do not cover such
critical issues as land application of manure, nutrient management,
animal waste management plans and engineering standards.
The Clean Water Act of 1972 (CWA)
The CWA is the most significant federal statute covering livestock
operations. Under the CWA, no point source may discharge pollutants
unless it is in accordance with a permit issued by EPA or a state
under EPA's National Pollutant Discharge Elimination System (NPDES).
The CWA defines a "point source" as:
"any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal
feeding operation (CAFO), or vessel or other floating craft, from
which pollutants are or may be discharged."
The CWA does not specifically define a CAFO.
EPA's regulations, written in 1976, define a CAFO as an animal feeding
facility in which animals are confined for 45 days or more out of
a 12-month period, over which no crops or forage growth is sustained,
and that either:
Contains 1,000 animal units and has the potential
to discharge pollutants into water by any means;
Contains over 300 animal units and is discharging
pollutants through a man-made device (e.g., pipes or ditches) directly
into a water body; or
Is designated a CAFO after a site inspection
determines that the operation is or has the potential to be a significant
polluter, no matter its size.
1,000 pound "animal units" equal 1,000 slaughter
and feeder cattle; 700 dairy cattle; 2,500 hogs; 500 horses; or
10,000 sheep. For poultry, 1,000 animal units are equivalent
to about 250,000 layers; 455,000 broilers; or 66,700 turkeys.
(EPA's CAFO regulations set different thresholds for poultry, using
55,000 turkeys and from 30,000 to 100,000 chickens depending on
the type of operation.)
An NPDES permit prohibits discharges to water except those
resulting from a storm exceeding a 25-year, 24 hour storm (i.e.,
the number of inches of rainfall in a 24-hour period that it is
expected only once every 25 years). An animal feeding operation
that only discharges in the event of a 25-year, 24-hour storm is
not considered a CAFO.
Coastal Zone Act Reauthorization Amendments of 1990
CZARA calls upon states with federally-approved coastal
zone management programs (voluntary programs under the original
Coastal Zone Management Act of 1972) to implement coastal nonpoint
pollution control programs. EPA's technical guidance for such
nonpoint control programs includes management measures for "confined
animal facilities."
Although CZARA management measures apply to farms smaller
than those specified under the CWA CAFO regulations, any CAFO with
an NPDES permit is exempt from CZARA requirements.
Safe Drinking Water Act
Under the SDWA, animal feeding operations that are
identified as a source of groundwater contamination, are within
a designated wellhead protection area, or that are located near
public water systems may be subject to additional discharge limitations
or management practices.
The United States Department of Agriculture
USDA does not have regulations that govern animal waste management.
However, the Natural Resources Conservation Service provides conservation
assistance to farmers that includes waste and nutrient management
for livestock and poultry farms.
Under the new Environmental Quality Incentives Program
(EQIP), established by the 1996 Farm Bill:
USDA enters into 5- to 10-year contracts with
farmers to provide financial, technical and educational assistance
for conservation measures. Farmers must implement a conservation
plan.
Farmers may receive cost-share payments and incentive
payments for conservation measures including manure management facilities
and nutrient management plans.
Fifty percent of EQIP funding is targeted to
livestock production. Owners of large confined livestock operations
(over 1,000 animal units--see discussion under the Clean Water Act
above) are not eligible for cost-share assistance for animal waste
storage or treatment facilities. Technical, educational, and
financial assistance may be provided for other conservation practices
on these large operations.
The States
A survey of 29 states indicates that laws regulating animal
waste and manure management vary widely. State and local laws
that affect the management of animal feeding operations generally
regulate one or more of the following aspects: (1) size or
structure of operations; (2) location of facilities; and (3) practices
of the operation. A number of states have used the NPDES program
as a starting point, and have added additional requirements to those
found in EPA's NPDES regulations.
Many states and localities have enacted new laws and regulations
very recently, and this is an area of intense activity. North
Carolina and Kentucky, for example, recently imposed moratoria on
the construction of most new livestock operations.
Among aspects of livestock operations regulated by various
states are:
Separation distances between livestock operations and
water wells, private homes, or property lines;
Amounts of land available for manure application;
Manure application methods and amounts;
Capacity of manure storage structures;
Allowable seepage from waste lagoons;
Construction standards; and
Disposal of dead animals.
In some states, disputes have arisen as to whether local jurisdictions
have the authority to regulate livestock and poultry operations.
Among the sources of legal authority advanced to justify local control
are zoning and health ordinances. Typically, proponents of
local control are seeking more stringent regulation than is provided
by state law.
Conclusion
Animal waste pollution is a national problem, and current
Federal regulations are an inadequate solution. There are
no regulations at the national level that set specific requirements
for the storage or application of manure, nutrient management, animal
waste management plans or construction standards.
Although many states are grappling with this issue on their
own, new minimum environmental standards for animal waste management
should be established at the Federal level to ensure nationwide
protection of the environment and human health.
While the Environmental Protection Agency should maintain
its regulatory role, the Department of Agriculture should be actively
engaged in setting new animal waste management standards.
USDA is the only Federal department with a national staff in place
to help farmers implement sound environmental practices for livestock
and poultry production.
As part of any new Federal approach to this issue, all large
livestock and poultry operations should be required to adopt animal
waste management plans that:
Limit the application of both phosphorous and nitrogen
to the amounts that can be used by crops.
Detail safe methods for handling, storing and applying
or disposing of manure.
Specify how excess manure that cannot be used for crop
nutrients or another beneficial purpose will be treated to minimize
environmental threats.
Animal waste is not the only threat to water quality.
But action must be taken now to minimize the risks to our nation's
ground and surface water from livestock and poultry production.
Comprehensive national standards for animal waste management, such
as those set forth in the Animal Agriculture Reform Act, are an
important step toward improving water quality across America.
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