Tuesday, November 15, 2011

Indiana Updates Rules for CAFOs

The Indiana Department of Environmental Management (IDEM) has updated its environmental rules for concentrated animal feeding operations (CAFOs).  On November 9, 2011, the Water Pollution Control Board passed revisions to the existing National Pollutant Discharge Elimination System (NPDES) permitting program which regulates Indiana's largest livestock farms, or CAFOs.

The changes include the removal of the requirement that any large animal feeding operation that "proposes to discharge" pollutants into waters of the state--but does not actually discharge--obtain an NPDES permit.  The changes were necessitated by the the 5th Circuit Court of Appeals' ruling earlier this year, National Pork Producers Council v. U.S. E.P.A.  That case held that the "propose to discharge" threshold violated the Clean Water Act.

As a result of the National Pork case and IDEM's new NPDES regulations, the next few years will see many of Indiana's largest livestock farms leave the CAFO program and enter the state's confined feeding operation (CFO) program.  The impact of those changes can be found in my earlier post:  New Confined Feeding Operation Regulations Approved For Indiana Livestock and Poultry Farmers


  1. Nice post. Judging by the lawsuit against the EPA regarding Iowa's state level governance of CAFO's I don't enviro groups are going to let National Pork Producers be the last word on permits based on "propose to discharge"

  2. How will these new regulations affect the guys who buy manure, either in or out of state? Especially for the guys that have to spread from december till march?? Thanks. You can email me at Spwrlftr@aol.com, if you would like,

  3. Check out new provision: 327 IAC 19-14-7 on marketing and distribution of manure:

    Sec. 7. (a) The owner/operator of the CFO shall provide an information sheet to any person that receives or purchases more than ten (10) cubic yards of dry manure or four thousand (4,000) gallons of liquid manure in a year from the CFO unless the owner/operator takes responsibility for applying the manure.
    (b) The information sheet must contain, at a minimum, the following information:
    (1) The name and address of the CFO providing the manure.
    (2) A statement indicating that it is unlawful to allow the manure to enter any waters of the state.
    (3) Information on the nutrient content of the manure.
    (4) The manure application requirements of this rule.
    (c) The operating record must contain and be maintained and updated with records of any person who receives or purchases more than ten (10) cubic yards of dry manure or four thousand (4,000) gallons of liquid manure in a year to include the following:
    (1) The name and address of the person receiving or purchasing the manure.
    (2) The amount of manure received or purchased by the person.
    (3) A copy of the information sheet.
    (d) If a manure distribution program is used, IDEM may allow for a waiver of some or all of a facility's total land application acreage requirements based on submittal of:
    (1) the documentation as described in subsections (b) and (c) from the previous three (3) years showing the amount of manure produced and marketed at the facility; or
    (2) contracts for the entire approval term for marketing the projected amount of manure produced at the facility.
    (e) All records in this section must be made available to a representative of the department during an inspection.
    (Water Pollution Control Board; 327 IAC 19-14-7)


Note: Only a member of this blog may post a comment.