Recently proposed Concentrated Animal Feeding Operation (CAFO) regulations to curb pollution from livestock production in Pennsylvania fall far short of both the goal and federal requirements, according to comments being filed by the Chesapeake Bay Foundation (CBF) with the Department of Environmental Protection (DEP).

"The proposed regulations are inadequate to minimize pollution and protect water quality in Pennsylvania’s rivers and streams, and the Chesapeake Bay," said Matthew Ehrhart, CBF’s Pennsylvania Executive Director. "The proposed regulations only apply to large livestock operations. The federal Clean Water Act also clearly requires Pennsylvania to adopt regulations covering all medium-sized livestock operations which directly discharge pollution into our waterways."

Farms discharging pollution include operations with livestock in streams where they may deposit manure directly, as well as farms with polluted stormwater flowing from manure management facilities. The proposed regulation has a clause including "any agricultural operation with a discharge to surface waters that is authorized by Department permit limits and conditions," but it does not include unauthorized discharges that are polluting local waterways. Without a change in the proposed regulations, agricultural operations polluting local waterways without permits could refuse to get a permit and avoid regulation as a CAFO.

In Pennsylvania’s portion of the Chesapeake Bay watershed, agricultural operations are the largest source of nitrogen and phosphorous pollution. While many large animal operations have been subject to CAFO permit and nutrient management planning requirements, many medium sized agricultural operations have operated under the regulatory radar.

"Including medium sized farms with polluting discharges under CAFO regulations can reduce pollution without putting a heavy burden on these farmers," said Ehrhart. "The regulations could create an extended period of time to come into compliance, during which farms could take advantage of voluntary programs that provide financial and technical assistance to eliminate the pollution. Once the pollution is stopped, the farm would not need to be regulated as a CAFO."

Additional CBF concerns with the proposed regulations include:

· Inadequate enforcement of the Clean Streams Law. The regulation states that DEP has the authority to enforce violations, but it has had this authority for many years without using it effectively. The regulations should state that DEP shall take enforcement action against any agricultural operation in violation of this law and require it to develop and implement a nutrient management plan.

· A requirement for "appropriate vegetated buffers and setbacks" from streams and other water bodies for land application of manure. "Appropriate vegetated buffers and setbacks" should be defined according to standards to provide the greatest environmental benefit.

The Environmental Quality Board will hold public hearings on the proposed regulation on October 13 in Mechanicsburg and October 14 in Dubois. Check the PA Bulletin Notice for times and locations.

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