The U.S. EPA has proposed a new rule, referred to as the concentrated animal feeding operations (CAFOs) 308 rule, under a settlement with the Natural Resources Defense Council, Waterkeeper Alliance, and the Sierra Club. The rule was published October 21 in the Federal Register, and we are now in a comment period that will last until January 19, 2012.  Kent Woodmansey, from the South Dakota Department of Environment and Natural Resources, summarized the key points of the new proposed rule as follows.

The proposed rule is an information collection rule, and would not change which CAFOs need NPDES or Surface Water Discharge permits in South Dakota.   EPA’s proposal would require CAFOs to provide five elements of basic information:

1. facility contact information
2. production area location
3. whether the CAFO has a NPDES or Surface Water Discharge permit
4. the number and type of animals at the CAFO
5. the number of acres available for land application of manure, litter, and process wastewater.

CAFO owners and operators ultimately would submit information through an online form. The proposal contains two options regarding which CAFOs would be required to submit information to the EPA:

• One option would require every CAFO in the United States to report this information to EPA, unless states with authorized NPDES programs choose to provide this information on behalf of the CAFOs in their state.
• The second option would require CAFOs in “focus watersheds” that have water quality concerns associated with CAFOs to report information to EPA.

EPA will take comment on both options as well as alternative approaches to gather information. The proposed rule, a fact sheet, common questions and answers about the rule, and information on how to register for webcasts on the rule that will be held on November 9 and November 17 can be found at: http://cfpub.epa.gov/npdes/afo/aforule.cfm.  The comment period closes Janaury 19, 2012 and EPA plans to take final action on this proposal by July 2012.

How to Comment
Individuals can provide comments to the EPA in multiple ways – online, email, fax, mail or courier. Specific instructions are available on the EPA website. South Dakota Pork Producers can also contact South Dakota Pork Producers Council at 605-332-1600 to discuss the state organization’s response. If you have any questions contact Dr. Erin Cortus, Air Quality and Waste Management Specialist at 605-688-5144.