Environmental Challenges Facing the Beef Industry Environmental Challenges Facing the Beef Industry Beef Industry Issues Forums Understanding the Business

Environmental Challenges

Facing the Beef Industry

Environmental Challenges

Facing the Beef Industry

Beef Industry Issues ForumsUnderstanding the Business and

Consumer Climate

Beef Industry Issues ForumsUnderstanding the Business and

Consumer Climate

OverviewOverview

Clean Water Act CAFO Rule NAAQS (dust and ammonia) Superfund Ozone SAB Committee on Reactive Nitrogen Water Quality Criteria for Bacteria and Nutrients Hormones in Water Spill Prevention Control & Countermeasure SPCC Oberstar and the Clean Water Act Climate Change

Clean Water Act CAFO Rule NAAQS (dust and ammonia) Superfund Ozone SAB Committee on Reactive Nitrogen Water Quality Criteria for Bacteria and Nutrients Hormones in Water Spill Prevention Control & Countermeasure SPCC Oberstar and the Clean Water Act Climate Change

Clean Water Act CAFO RuleClean Water Act CAFO Rule “Point Sources” must have NPDES permit to discharge to waters

of the US

Final CAFO rule in February 2003 All CAFOs had Duty to Apply Zero discharge from production area -- 25yr, 24 hr Land apply at agronomic rates Agriculture stormwater exemption

Appeal to 2nd Circuit

Case heard in December 2004

Final decision in February 2005

“Point Sources” must have NPDES permit to discharge to waters of the US

Final CAFO rule in February 2003 All CAFOs had Duty to Apply Zero discharge from production area -- 25yr, 24 hr Land apply at agronomic rates Agriculture stormwater exemption

Appeal to 2nd Circuit

Case heard in December 2004

Final decision in February 2005

Clean Water Act CAFO RuleClean Water Act CAFO Rule

Major holdings Vacated Duty to Apply Upheld agriculture stormwater exemption –

agronomic rates All NMPs must be made available for public

review, comment and hearings

Major holdings Vacated Duty to Apply Upheld agriculture stormwater exemption –

agronomic rates All NMPs must be made available for public

review, comment and hearings


EPA issued proposed rule in June 2006 Final rule expected in Oct. – Nov. 2007 Issues

What are enforceable “terms” subject to public review? Should only be the most important information, otherwise background, or included

in the General Permit Terms

Types and number of animals Storage needs and capacity Storage Structure Operation and maintenance Manure application rate Addition and Subtraction of Land


Issues cont. General Permit

BMPs Setbacks Sampling Frequency Methods of Handling Mortalities Chemical Handling

Background All Recordkeeping Map Sample procedures and results Method of Mortality storage prior to disposal Measures to prevent direct contact with waters of the US

Issues cont. General Permit

BMPs Setbacks Sampling Frequency Methods of Handling Mortalities Chemical Handling

Background All Recordkeeping Map Sample procedures and results Method of Mortality storage prior to disposal Measures to prevent direct contact with waters of the US


Issues cont. What changes to terms require public review?

Need flexibility Manure Application Rate Addition and Subtraction of Land

How often do operations need to report? Regulation of stormwater discharges from unpermitted CAFOs Application Deadline of 7/31/07

One month after release of final rule CAFOs have known NMP requirements – trust EPA Final rules change all the time Compliance is expensive – can’t ask them to speculate Need two years

Issues cont. What changes to terms require public review?

Need flexibility Manure Application Rate Addition and Subtraction of Land

How often do operations need to report? Regulation of stormwater discharges from unpermitted CAFOs Application Deadline of 7/31/07

One month after release of final rule CAFOs have known NMP requirements – trust EPA Final rules change all the time Compliance is expensive – can’t ask them to speculate Need two years


Proposed Rule to Extend Deadline to 2/27/09 Not Sufficient – 2 years after permit approval Release Rule Now

2008 Election year New Administration

Proposed Rule to Extend Deadline to 2/27/09 Not Sufficient – 2 years after permit approval Release Rule Now

2008 Election year New Administration

Clean Air Act PM NAAQSClean Air Act PM NAAQS Every five years EPA must look at criteria pollutants Dust has been regulated for 20 years, but not enforced Only supposed to be regulated if substantial adverse health effects No evidence that agriculture dust causes health problems at

ambient concentrations Urban/Rural Distinction Proposed rule had agriculture/mining exclusion Last October, EPA issued final rule making dust subject to

regulation at unattainable level, even after BMPs Precautionary principle

Every five years EPA must look at criteria pollutants Dust has been regulated for 20 years, but not enforced Only supposed to be regulated if substantial adverse health effects No evidence that agriculture dust causes health problems at

ambient concentrations Urban/Rural Distinction Proposed rule had agriculture/mining exclusion Last October, EPA issued final rule making dust subject to

regulation at unattainable level, even after BMPs Precautionary principle

Clean Air Act PM NAAQSClean Air Act PM NAAQS

Favorable Preamble, urban, BMPs Not legally enforceable

No codified exclusion Nothing in regulation to preclude States from

regulating us or citizens from bringing an enforcement action Pinal County SIP

Stated the SIP rule “shall not be construed to prevent normal farm agricultural practices which cause fugitive dust.”

Rejected by EPA because it “effectively exempts agricultural activities from the fugitive dust rules without justification.”

Favorable Preamble, urban, BMPs Not legally enforceable

No codified exclusion Nothing in regulation to preclude States from

regulating us or citizens from bringing an enforcement action Pinal County SIP

Stated the SIP rule “shall not be construed to prevent normal farm agricultural practices which cause fugitive dust.”

Rejected by EPA because it “effectively exempts agricultural activities from the fugitive dust rules without justification.”

Clean Air Act PM NAAQSClean Air Act PM NAAQS Types of dust

tilling soil cattle moving driving on unpaved roads Planting and harvesting crops Feed mixing

Health-based standard Must be met at property line no matter what Economics do not matter Operations out of compliance subject to enforcement actions

and citizen suits Operations unable to comply after using BMPs must sell herds

Types of dust tilling soil cattle moving driving on unpaved roads Planting and harvesting crops Feed mixing

Health-based standard Must be met at property line no matter what Economics do not matter Operations out of compliance subject to enforcement actions

and citizen suits Operations unable to comply after using BMPs must sell herds

Clean Air Act PM NAAQS Clean Air Act PM NAAQS NCBA appealed final rule

Lack of basis for regulation of dust Health Concentration level

Cattle operations are unable to comply Public perception that cattle operations cause disease and

premature death, instead of just nuisance Ends industry ability to expand – PSD increment CASAC suggested urban/rural distinction Future reviews will tighten standard Must be counter to anticipated environmental attacks

Speciation Study – Health Effects Institute

NCBA appealed final rule Lack of basis for regulation of dust

Health Concentration level

Cattle operations are unable to comply Public perception that cattle operations cause disease and

premature death, instead of just nuisance Ends industry ability to expand – PSD increment CASAC suggested urban/rural distinction Future reviews will tighten standard Must be counter to anticipated environmental attacks

Speciation Study – Health Effects Institute

Fine PM Implementation RuleFine PM Implementation Rule

Fine PM (PM2.5) is combustion or gaseous related materials

EPA decided to regulate “crustal” under fine standard of 35 ug/m3

80% of feedyard dust can be PM2.5 NCBA appealed final rule Ammonia as Precursor to the formation of fine PM

SO2, NOx – Urban areas Earthjustice appeal NCBA Intervened

Fine PM (PM2.5) is combustion or gaseous related materials

EPA decided to regulate “crustal” under fine standard of 35 ug/m3

80% of feedyard dust can be PM2.5 NCBA appealed final rule Ammonia as Precursor to the formation of fine PM

SO2, NOx – Urban areas Earthjustice appeal NCBA Intervened

SuperfundSuperfund Effort by environmentalists and activist State and local

officials to subject manure to Superfund law If successful, manure considered hazardous waste and

pollutant Subject to huge penalties and cleanup costs

Lawsuits Attorney General of State of Oklahoma v Tyson, Cargill

Nonpoint affecting Illinois River Watershed Hundreds of thousand of dollars in penalties/cleanup costs Case still pending

City of Waco, Texas v. 14 dairy operations Nonpoint affecting Lake Waco Eight dairies went out of business Settled out of court -- $5 million attorneys fees

Effort by environmentalists and activist State and local officials to subject manure to Superfund law

If successful, manure considered hazardous waste and pollutant Subject to huge penalties and cleanup costs

Lawsuits Attorney General of State of Oklahoma v Tyson, Cargill

Nonpoint affecting Illinois River Watershed Hundreds of thousand of dollars in penalties/cleanup costs Case still pending

City of Waco, Texas v. 14 dairy operations Nonpoint affecting Lake Waco Eight dairies went out of business Settled out of court -- $5 million attorneys fees

SuperfundSuperfund Legislation last Congress

191 cosponsors in the House Discharged from the Energy and Commerce Committee

36 cosponsors in the Senate Reintroduced this Congress

Senator Lincoln, House Ag Chair Peterson 26 Senate Cosponsors; 126 House Cosponsors Energy bill, had majority but not 60

EPW Chair Boxer objected Emergency Release Reporting Requirements

Exemption Expected this Fall

Legislation last Congress 191 cosponsors in the House

Discharged from the Energy and Commerce Committee 36 cosponsors in the Senate

Reintroduced this Congress Senator Lincoln, House Ag Chair Peterson 26 Senate Cosponsors; 126 House Cosponsors Energy bill, had majority but not 60

EPW Chair Boxer objected Emergency Release Reporting Requirements

Exemption Expected this Fall

Ozone NAAQSOzone NAAQS

NOx + VOC + Sunlight = Ozone NOx typically product of combustion processes VOCs emitted from CAFOs, vegetation burning, animal waste

handling and storage In CA, nonattainment areas, CAFOs must have mitigation plan

for feed, solid waste, liquid waste Reactivity of VOCs – methane, ethylene Current 8 hour standard .084 ppm

Proposed rule range .070-.075 ppm Secondary standard to protect plants during growing season

Proposed: Cumulative weighted total of daily 12 hour exposures over three month period – from 21 ppm hours to 7 ppm hours

NOx + VOC + Sunlight = Ozone NOx typically product of combustion processes VOCs emitted from CAFOs, vegetation burning, animal waste

handling and storage In CA, nonattainment areas, CAFOs must have mitigation plan

for feed, solid waste, liquid waste Reactivity of VOCs – methane, ethylene Current 8 hour standard .084 ppm

Proposed rule range .070-.075 ppm Secondary standard to protect plants during growing season

Proposed: Cumulative weighted total of daily 12 hour exposures over three month period – from 21 ppm hours to 7 ppm hours

SAB Committee on Reactive NitrogenSAB Committee on Reactive Nitrogen Reactive nitrogen

Biologically active Photochemically reactive Radiatively active

Accumulating in the environment due to human activity

Causes: Air pollution Reduced visibility Ecosystem fertilization Acidification and eutrophication Global warming Stratospheric ozone depletion

Reactive nitrogen Biologically active Photochemically reactive Radiatively active

Accumulating in the environment due to human activity

Causes: Air pollution Reduced visibility Ecosystem fertilization Acidification and eutrophication Global warming Stratospheric ozone depletion

SAB Committee on Reactive NitrogenSAB Committee on Reactive Nitrogen

EPA acknowledges nitrogen is responsible for dramatically improved food production

SAB looking for ways to maximize its beneficial use while minimizing environmental impacts

Looking at issue from a systems perspective, i.e. air pollution may contribute to water pollution, nitrogen loads in river basins may impact coastal zones

Looking at research needs and control strategies

EPA acknowledges nitrogen is responsible for dramatically improved food production

SAB looking for ways to maximize its beneficial use while minimizing environmental impacts

Looking at issue from a systems perspective, i.e. air pollution may contribute to water pollution, nitrogen loads in river basins may impact coastal zones

Looking at research needs and control strategies

Water Quality Criteria to Control Bacteria


March 26-30, 2007, EPA held an experts workshop on water quality criteria for bacteria to shape the direction of research into how to address bacteria-related public health concerns under the Clean Water Act for the next 20 years.

Existing criteria established in 1986 Expert panel released report calling for new tools to

develop and implement new criteria EPA action stems from NRDC suit against EPA last

August over failure to meet deadlines in the Beaches Environmental Assessment, Cleanup and Health (BEACH) Act, enacted in 2000, to initiate and complete appropriate studies to assess the full human health risk from exposure to pathogens in coastal recreation waters

March 26-30, 2007, EPA held an experts workshop on water quality criteria for bacteria to shape the direction of research into how to address bacteria-related public health concerns under the Clean Water Act for the next 20 years.

Existing criteria established in 1986 Expert panel released report calling for new tools to

develop and implement new criteria EPA action stems from NRDC suit against EPA last

August over failure to meet deadlines in the Beaches Environmental Assessment, Cleanup and Health (BEACH) Act, enacted in 2000, to initiate and complete appropriate studies to assess the full human health risk from exposure to pathogens in coastal recreation waters



Suit also charged EPA with failing to publish revised water quality bacteria and pathogen indicators based on those studies.

Water quality criteria are pollutant limits that establish the amount of a pollutant that can be allowed in a water body without disrupting its designated use – such as fishable, swimmable

Suit also charged EPA with failing to publish revised water quality bacteria and pathogen indicators based on those studies.

Water quality criteria are pollutant limits that establish the amount of a pollutant that can be allowed in a water body without disrupting its designated use – such as fishable, swimmable



Issues addressed by the panel also include: State of epidemiological research Linking monitoring results to actual illnesses Which monitoring techniques are most accurate Which indicator organisms should be used to predict the

presence of harmful bacteria Could result in:

New discharge limits Increase in impaired waters Increase in number of waters closed to swimming, shell

fish harvesting Briefs outlining new schedule for criteria filed this

Fall Hearing set for February 2008

Issues addressed by the panel also include: State of epidemiological research Linking monitoring results to actual illnesses Which monitoring techniques are most accurate Which indicator organisms should be used to predict the

presence of harmful bacteria Could result in:

New discharge limits Increase in impaired waters Increase in number of waters closed to swimming, shell

fish harvesting Briefs outlining new schedule for criteria filed this

Fall Hearing set for February 2008

Numeric Water Quality Standards for Nutrients


May 25, 2007, Ben Grumbles memo to States urging speed up of numeric nutrient criteria Nitrogen, Phosphorus

States may tighten discharge standards for AFOs 25 year/24 hour Agronomic rates

Quantitative targets would speed up water quality trading progress

May 25, 2007, Ben Grumbles memo to States urging speed up of numeric nutrient criteria Nitrogen, Phosphorus

States may tighten discharge standards for AFOs 25 year/24 hour Agronomic rates

Quantitative targets would speed up water quality trading progress



Will help develop TMDLs EPA to help states conduct sampling, training,

statistical analysis needed to accomplish goal Implementation guidance EPA will complete nutrient criteria manuals $9 million given to regional offices to assist

Will help develop TMDLs EPA to help states conduct sampling, training,

statistical analysis needed to accomplish goal Implementation guidance EPA will complete nutrient criteria manuals $9 million given to regional offices to assist

Hormones in WaterHormones in Water

EPA’s Office of Research and Development is studying the presence, persistence and biological and ecological effects of natural and synthetic hormones that may be released into the environment from animal waste from CAFOs.

Could result in rulemaking Could result in lawsuits forcing cleanup

EPA’s Office of Research and Development is studying the presence, persistence and biological and ecological effects of natural and synthetic hormones that may be released into the environment from animal waste from CAFOs.

Could result in rulemaking Could result in lawsuits forcing cleanup

CWA requires regulations to prevent discharges of oil from facilities including farms & feedlots

Applies to operations that: Store, transfer, use or consume oil or oil products Could reasonably be expected to discharge oil to WOUS If operation’s above ground capacity is greater than 1320 gallons

Facility Response Plan required to be certified by a Professional Engineer Unless oil storage capacity is 10,000 gallons or less

Rule for agriculture facilities will be issued later this year Aggregation

CWA requires regulations to prevent discharges of oil from facilities including farms & feedlots

Applies to operations that: Store, transfer, use or consume oil or oil products Could reasonably be expected to discharge oil to WOUS If operation’s above ground capacity is greater than 1320 gallons

Facility Response Plan required to be certified by a Professional Engineer Unless oil storage capacity is 10,000 gallons or less

Rule for agriculture facilities will be issued later this year Aggregation

Spill Prevention, Control & Countermeasure (SPPC) RuleSpill Prevention, Control &

Countermeasure (SPPC) Rule

Oberstar Efforts on the Clean Water Act


“Waivers, Loopholes, and Rollbacks: The Republican Contract on Clean Water”

Federal government must renew its commitment to have all waters meet the fishable, swimmable standard

Nonpoint One approach is HR 550 introduced in 1997

Increased federal funding for nonpoint programs Required states to create and implement plans to control nonpoint sources Allowed EPA to step in to implement plans where states fail

“Waivers, Loopholes, and Rollbacks: The Republican Contract on Clean Water”

Federal government must renew its commitment to have all waters meet the fishable, swimmable standard

Nonpoint One approach is HR 550 introduced in 1997

Increased federal funding for nonpoint programs Required states to create and implement plans to control nonpoint sources Allowed EPA to step in to implement plans where states fail



Wetlands Current definition of waters of the United States is “navigable waters.”

Ambiguous SWANCC

Supreme Court ruled on jurisdiction over isolated waters Court held that intrastate, isolated, non-navigable waters are not covered

by the Clean Waters are not covered by the Clean Water Act based on use by migratory birds

Wetlands Current definition of waters of the United States is “navigable waters.”

Ambiguous SWANCC

Supreme Court ruled on jurisdiction over isolated waters Court held that intrastate, isolated, non-navigable waters are not covered

by the Clean Waters are not covered by the Clean Water Act based on use by migratory birds



Rapanos Scalia’s plurality opinion limited the geographic scope of the CWA to

only those waters that are relatively permanent, standing or continuously flowing and that form geographic features.

Wetlands would have to be physically connected to permanent waters to be covered

Kennedy concurring in judgment, waters would be covered if they have a “significant nexus” with traditional navigable waters

“Wetlands possess the required nexus, and thus become navigable waters, if the wetlands . . . significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as navigable.”

Rapanos Scalia’s plurality opinion limited the geographic scope of the CWA to

only those waters that are relatively permanent, standing or continuously flowing and that form geographic features.

Wetlands would have to be physically connected to permanent waters to be covered

Kennedy concurring in judgment, waters would be covered if they have a “significant nexus” with traditional navigable waters

“Wetlands possess the required nexus, and thus become navigable waters, if the wetlands . . . significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as navigable.”



What does it mean? Water is regulated if it meets either Scalia or Kennedy because

at least five justices would uphold jurisdiction under either June 5, 2007, EPA and Army Corps of Engineers issued

guidance Will impact when permits are needed Traditional navigable waters are in Wetlands adjacent to traditional navigable are in Non-navigable tributaries of traditional navigable waters that

are relatively permanent (continuous flow at least 3 months) are in

Wetlands that directly abut relatively permanent tributaries Others that have fact specific “significant nexus” (defined)

What does it mean? Water is regulated if it meets either Scalia or Kennedy because

at least five justices would uphold jurisdiction under either June 5, 2007, EPA and Army Corps of Engineers issued

guidance Will impact when permits are needed Traditional navigable waters are in Wetlands adjacent to traditional navigable are in Non-navigable tributaries of traditional navigable waters that

are relatively permanent (continuous flow at least 3 months) are in

Wetlands that directly abut relatively permanent tributaries Others that have fact specific “significant nexus” (defined)

Oberstar Efforts on Clean Water ActOberstar Efforts on Clean Water Act

Waters not covered: Swales or erosional features (e.g. gullies, small washes with

low volume, infrequent, or short duration flow Ditches (including roadside ditches) that do not carry flow

three months of the year Water flows generated from rainfall events and snowmelt

Oberstar legislation would eliminate the use of the term “navigable waters” throughout the CWA and replace it with “waters of the United States” to give the CWA the broadest possible constitutional interpretation

Waters not covered: Swales or erosional features (e.g. gullies, small washes with

low volume, infrequent, or short duration flow Ditches (including roadside ditches) that do not carry flow

three months of the year Water flows generated from rainfall events and snowmelt

Oberstar legislation would eliminate the use of the term “navigable waters” throughout the CWA and replace it with “waters of the United States” to give the CWA the broadest possible constitutional interpretation

Global Climate ChangeGlobal Climate Change

New effort in Congress to address global warming Nov. 29, 2006, U.N’s Food and Agriculture

Organization report: “Livestock’s Long Shadow – Environmental Issues and Options” – Said that worldwide livestock generated more CO2 than did transportation – 18%

EPA data shows that livestock contributes less than 2.4% of total US GHG, fossil fuel combustion contributes 80% of total US GHG

New effort in Congress to address global warming Nov. 29, 2006, U.N’s Food and Agriculture

Organization report: “Livestock’s Long Shadow – Environmental Issues and Options” – Said that worldwide livestock generated more CO2 than did transportation – 18%

EPA data shows that livestock contributes less than 2.4% of total US GHG, fossil fuel combustion contributes 80% of total US GHG

Global Climate Change Global Climate Change

EPA does not indicate animal ag contributes significantly to US production of CO2

Methane: Livestock contributes to methane in two ways: enteric fermentation, manure management UN report : livestock contributes 37% of human induced methane Largest source is landfills, natural gas systems EPA says animal ag accounts for 27% of US methane emissions, but

methane accounts for less than 8% of total GHGs Nitrous Oxide: UN says Livestock generates 65%

EPA says livestock contributes 4.6% So far, Congress not talking about regulating animal ag Polar bears and penguins

EPA does not indicate animal ag contributes significantly to US production of CO2

Methane: Livestock contributes to methane in two ways: enteric fermentation, manure management UN report : livestock contributes 37% of human induced methane Largest source is landfills, natural gas systems EPA says animal ag accounts for 27% of US methane emissions, but

methane accounts for less than 8% of total GHGs Nitrous Oxide: UN says Livestock generates 65%

EPA says livestock contributes 4.6% So far, Congress not talking about regulating animal ag Polar bears and penguins

Questions?Questions?

Documents

Environmental Challenges Facing the Beef Industry Environmental Challenges Facing the Beef Industry Beef Industry Issues Forums Understanding the Business