Oregon CAFOs can now operate under state water permits
Confined animal feeding operations in Oregon can now work under state-issued water quality permits instead of the federal Clean Water Act permitting system.
As of Oct. 21, the Oregon Department of Agriculture has made available “water pollution control facilities” permits to livestock operations that don’t discharge runoff into surface waters.
These state permits won’t require CAFOs to file annual reports to farm regulators, thus reducing paperwork, and they won’t be subjected to public notice-and-comment requirements if they expand, said Wym Matthews, manager of ODA’s CAFO program.
“We don’t have to inform the public of changes on the farm,” he said.
Expansion plans at several Oregon dairies recently met with opposition from vegan and environmental groups, which used the public comment procedures to object to CAFOs as inhumane and unhealthy.
Livestock groups were concerned by the backlash because the public disclosures include maps and other data about CAFOs, which they fear will be exploited by animal rights activists.
State permits may be preferable for livestock operators who don’t want to be part of the federal Clean Water Act permitting system, but roughly 80 percent of the 522 CAFOs in Oregon are expected to remain federally permitted, Matthews said.
These CAFOs generally prefer to stick with the federal permits for legal reasons, he said.
Operating under a federal “national pollutant discharge elimination system” permit protects CAFOs from citizen lawsuits for alleged violations of the Clean Water Act, he said. “You can’t get that with a state permit.”
Oregon began requiring all CAFOs to operate under the federal system in 2002 due to regulatory changes at the U.S. Environmental Protection Agency, he said.
Federal court decisions have since held that EPA can’t require NPDES permits for operations that don’t actually discharge, which is why Oregon is making the state permits available, Matthews said.
However, once a CAFO is found to discharge into surface water, it must switch over to the federal permit system, he said.
Another major change that will affect both state and federal CAFO permits is that operations will be required to test soil samples every year to ensure the ground isn’t being overloaded with nutrients, Matthews said. Previously, such tests were required once every five years.
“The sampling basically validates the nutrient management system,” he said.
Dairies and other CAFOs are allowed to broadcast manure on fields as long as nitrogen and other nutrients are applied at rates that are taken up by crops and don’t enter the water.
Under the new testing requirement, CAFO operators must test at least 20 percent of their fields a year, and they must test different fields each year, Matthews said.
The ODA also has the option of requiring annual tests of all their fields, if it’s seen as necessary, he said.