G. L. Newton

Meeting environmental requirements for the land application of manure

In an effort to save regulatory resources, the US Environmental Protection Agency and individual states have interpreted the Clean Water Act in a manner that authorizes discharges from concentrated animal feeding operations without the review of nutrient management plans. Environmental groups have objected to the abbreviated regulatory procedures, and courts have ruled that permitting agencies must review substantive documentation of effluent limitations contained in nutrient management plans. Proposed new federal regulations prescribing the requirement of a meaningful review of appropriate documentation by the permitting agency respond to the judicial mandates. To facilitate regulatory approval, regulators might use a state certification program to achieve the obligatory meaningful review. Independent certifiers would ensure that an operations land application of manure meets federal water quality requirements.

Reducing concentrated animal feeding operations permitting requirements

Many owners and operators of concentrated animal feeding operations (CAFO) need to secure National Pollutant Discharge Elimination System permits from the federal or state permitting authority. Because of the expense and inconvenience of permit applications, farm groups have challenged revisions to the federal CAFO Rule as well as state regulations claiming selected provisions exceeded the authority of the permitting agency. In 2011, 2 courts responded with decisions that clarify federal and state permitting regulations. Another goal of agricultural groups is to change the regulatory authority of the state from an environmental agency to a department of agriculture. These developments suggest that by altering the permitting authority, CAFO owners and operators may alleviate some of the burdens of the permitting process.