ED:  The Senate Committee has been notified that all graphics are missing from this report.  We are waiting for them to supply us with the graphics.  - Ronald Lee Still, 7/18/01

Environmental Risks Of
Livestock & Poultry Production
 
 

December 1997
 
 

Report Compiled by the Minority Staff of the
United States Senate Committee
on Agriculture, Nutrition, & Forestry
for

Senator Tom Harkin (D-IA)
Ranking Member

 Over the past few years, I have heard increasing concerns in my home state of Iowa about the potential for animal waste pollution from intensive livestock and poultry operations.  The concentration of animal waste from larger and larger operations has led to more complaints about odor, greater challenges for animal waste management, and a growing public opinion that more environmental protections are needed.

 I was surprised to learn that nationwide 130 times more animal manure is produced than human waste -- five tons for every U.S. citizen -- and that some operations produce as much waste as a town or even a city!  As animals become increasingly concentrated in certain regions of the country and on larger operations, there is not always enough crop land to use all of the manure as fertilizer.  These increasing concentrations of manure mean that the risk of water pollution from waste spills, runoff from fields and leakage from storage facilities is also increasing.

 Furthermore, Federal regulations do not address the handling, storage, land application or disposal of manure.  In fact, the Inspector General of the Environmental Protection Agency recently reported that "Federal regulations inadequately protect water quality from animal waste."

 The following report explains why I believe that the threat of pollution from intensive livestock and poultry farms is a national problem.  Dairy farms in New York and California, poultry farms around the Chesapeake Bay outside of Washington, D.C., and hog farms in North Carolina and Iowa are just some of the places where animal waste has been identified as an environmental problem.

 I have introduced the Animal Agriculture Reform Act (S. 1323) in the Senate, the first bill of its kind introduced in Congress, as a national approach to animal waste problems.  My bill would set environmental standards for animal waste handling by large livestock and poultry operations, and require those operations to follow waste management plans approved by the U.S. Department of Agriculture.

 While most livestock and poultry producers are responsible stewards, the increasing concentration of animal waste is an environmental challenge with national environmental and human health consequences.  This is a challenge we must deal with at the national level.  National standards also would help prevent larger producers from moving from state to state seeking weaker environmental regulations.

  Because of the national importance of this issue, we should move quickly to establish common sense safeguards that will both protect our environment and ensure a sustainable livestock industry.  My bill seeks to resolve these problems in ways that are both environmentally responsible and economically feasible for livestock and poultry producers.  I look forward to Congressional review of my bill and other proposals early in the upcoming session.
 
 

The Animal Waste Problem

   Nationwide, 130 times more animal manure is produced than human waste --
  5 tons for every person in the United States.

   Applied to land in proper amounts, manure is a valuable source of nitrogen, phosphorus and other crop nutrients -- but more and more animals on larger farms means there is not enough crop land in some areas to use all of the manure.

   The Department of Agriculture reported recently that "The continued intensification of animal production systems without regard to the adequacy of the available land base for manure recycling presents a serious policy problem."

   Inadequate animal waste management practices often lead to water pollution, yet there are no Federal regulations for waste handling, storage, use or disposal.

   Waste spills occur when earthen manure storage lagoons collapse, equipment breaks, or people make mistakes -- and leaking lagoons and runoff from fields can cause chronic animal waste pollution of both surface and ground water.

National Solutions

   The Animal Agriculture Reform Act addresses animal waste pollution problems by requiring large animal feeding operations to develop animal waste management plans that would follow new environmental standards.

   Any national approach to the animal waste problem should include the following policies, found in the Animal Agriculture Reform Act:

    Environmentally sound standards should be set for the handling, storage, and use or disposal of animal waste.

    Specific standards similar to those for human waste should require treatment of excess manure that cannot be used for a beneficial purpose.

    Animal waste management practices must limit the application of both phosphorous and nitrogen in animal manure to amounts needed by crops.

    The Environmental Protection Agency should maintain its regulatory role, but the Department of Agriculture should be actively engaged in setting new animal waste management standards and helping farmers implement sound environmental practices for livestock and poultry production.
Animal Waste Pollution

   In 60 percent of rivers and streams that EPA has identified as "impaired," agricultural runoff, including nutrients from animal waste, is the largest contributor to pollution.

   35 million gallons of spilled animal waste killed 10 million fish in North Carolina in 1995.  Last year more than 40 animal waste spills killed 670,000 fish in Iowa, Minnesota and Missouri, up from 20 spills in 1992.

   Animal wastes carry parasites, bacteria and viruses -- and can pollute drinking water with high levels of nitrates, potentially fatal to infants.

   Nutrient pollution can come from a number of sources, but in areas of intensive livestock production, animal waste is a leading suspect in blooms of toxic microbes linked to excessive nutrients:

    In 1997, outbreaks of the toxic microbe Pfiesteria piscicida killed approximately 450,000 fish in North Carolina and approximately 30,000 fish in the Chesapeake Bay (Delaware, Maryland and Virginia).

    Between 1972 and 1995, the number of coastal and estuarine waters that host major, recurring attacks by harmful microbes has doubled.

    22 species of harmful dinoflagellates were known in 1982; now there are over 60.

   Excessive growth and decay of algae in nutrient enriched waters depletes available oxygen.  In the Gulf of Mexico, nutrients from farm runoff including animal waste is linked to the formation of a "dead zone" of hypoxia (low oxygen) -- up to 7,000 square miles of water that cannot support most aquatic life.

Animal Waste Production

   Cattle              1,229,190,000
   Hogs                  116,652,300
   Chickens              14,394,000
   Turkeys                  5,425,000
                          ===========
                           1,365,661,300

   The manure from a 200-head dairy operation produces as much nitrogen as is in the sewage from a community of 5,000-10,000 people.

   The annual litter from a typical broiler house of 22,000 birds contains as much phosphorous as is in the sewage from a community of 6,000 people.

   The 1,600 dairies in the Central Valley of California produce more waste than a city of 21 million people.

   On the Delmarva Peninsula outside of Washington, D.C., 600 million chickens a year produce over 3.2 billion pounds of raw waste each year -- as much nitrogen as from a city of almost 500,000.

Livestock Production & Concentration

 Increasing concerns about the environmental consequences of livestock and poultry production are related to the increasing concentration of animals in certain areas of the country and on larger farms.

   Broilers                  7.6 Billion (1996)
   Turkeys                300 Million (1996)
   Hogs                    103 Million (1995)
   Cattle (non-dairy)   58 Million (1995)

   Over the past 15 years the number of hog farms has dropped from 600,000 to 157,000, yet these farms still produce about the same number of hogs.

   In the cattle industry, 2 percent of feed operations account for over 40 percent of all cattle sold.

   Between 1969 and 1992, the number of farms with broiler houses fell by 35 percent, but during the same time production nearly tripled.

 Nationwide, 130 times more animal waste is produced than human waste -- 5 tons per person -- making some large livestock operations the waste equivalent of a town or even a large city.  One dramatic example is a 50,000 acre swine operation in southwest Utah designed to produce 2.5 million hogs annually, with a potential waste output greater than entire city of Los Angeles, California.

 The lack of sufficient land on which to safely apply the manure from ever larger livestock operations has created what the Department of Agriculture calls "a serious policy problem."

Improper Handling of Animal Waste Leads to Water Pollution

 Both liquid and dry animal manure can be a valuable source of crop nutrients.  But when manure is applied to land in amounts greater than can be used by crops and retained by the soil, nitrogen, phosphorous and other nutrients leach and run off into surface and groundwater.

 Leaching from earthen waste storage lagoons also may pollute ground water.  Following a disastrous series of spills in 1995 in North Carolina, researchers examined manure lagoons across the state and found that half of the lagoons constructed prior to 1993 were leaking liquid manure into the soil and groundwater.

 The risk of water pollution from dry poultry litter is greatest after it is spread on crop land, while the risk of waste spills and chronic pollution is always present in liquid waste storage and application systems (hogs and cattle).  Equipment or structural failures or human error can lead to waste spills while liquid waste is being transported, stored or applied to land.  Earthen lagoons, for example, may be vulnerable to outright collapse if overloaded or poorly maintained.

 Spills of liquid animal waste directly into water have an immediate environmental impact, choking out fish and other aquatic life.  In addition, the excessive growth and decay of algae and other aquatic organisms that feed on excessive nutrients in water deplete dissolved oxygen.  The resulting hypoxia (low oxygen) from chronic nutrient enrichment can result in fish kills, odor and overall degradation of water quality.

 Serious spills of animal waste into waterways have occurred frequently in recent years.  An informal survey of leading livestock-producing states indicates that state enforcement actions taken in response to spills or discharges nearly doubled between 1992 and 1995.  In Iowa, Minnesota and Missouri (accounting for 36 percent of hog production), recorded animal waste spills rose from 20 in 1992 (killing at least 55,000 fish) to more than 40 in 1996 (killing at least 670,000 fish).

 It has long been known that nitrogen is highly soluble and susceptible to leaching and run off.  Only recently has it been fully understood that when soils are saturated with phosphorous, excess phosphorous also will run off.  Traditionally, application rates of manure have been set by the amount of nitrogen going onto the land.  But because the phosphorus content of manure is proportionally much higher than nitrogen (in relation to crop nutrient needs), this practice can lead to the application of excess phosphorous.

Typical Animal Waste Management Practices

 Animal waste consists of not only manure and urine, but also of dead animals, used bedding, waste feed, and other residual organic matter.  All of these materials are potential sources of crop nutrients, but also can pose environmental threats.

 The composition of animal waste depends on both the kind of animal and the way the waste is handled.  Poultry operations typically produce dry litter, with about 15-25 percent moisture content, that may be mixed with straw or another dry material for easier handling.  The removed litter is stacked and stored in metal or wooden structures, or on the ground on a temporary basis.

 Hogs and cattle generate a manure that is more liquid, and typically water is used to flush the manure out of the barns and into storage facilities.  The resulting "slurry" is up to 97 percent liquid, and most commonly stored in earthen lagoons.  An alternative storage method now being adopted more widely is the "slurry tank," which offers a greater level of structural stability and environmental protection.

 In the lagoons or tanks, many of the solids (including much of the phosphorous) settle into a sludge at the bottom.  Most nitrogen remains dissolved in the water or volatilizes into the atmosphere.  A farmer who utilizes the animal waste for nutrients pumps the liquid out for nutrients or irrigation, and may agitate the sludge at pumping time to capture the nutrients that otherwise would remain behind.

Where National Standards Are Needed

 Figure 1 below illustrates several poultry waste handling methods; Figure 2 illustrates several methods for handling hog waste.  The waste management practices pictured here, however, are not adequate for environmental protection unless the farmer also follows proper standards for building and maintaining the storage facilities, handling manure properly, and spreading manure in limited quantities on the fields.  There are no Federal regulations setting these standards.

 Waste storage lagoons that may be called "waste treatment lagoons" are typically for waste storage only.  Because many of the solids settle into a sludge at the bottom of a waste lagoon, some operations use multiple lagoons for repeated settling and can recapture water that is clean enough to recycle for flushing the barns.

 Even these recycling systems, however, do not follow the environmental standards associated with the treatment of human waste.  For adequate protection of the environment and human health, treatment similar to that for municipal wastewater should be followed (as discussed below).

Human Health Concerns

 Much current attention is focused on the direct impacts of animal waste on aquatic ecosystems, but there are also human health concerns associated with animal waste pollution that should be studied further.  Manure contains pathogens to which humans are vulnerable, including Salmonella and Cryptosporidium, and can pollute drinking water with nitrates, potentially fatal to infants.  More indirectly, microbes that are toxic to animals and people are thought to thrive in waters that have excessively high levels of nutrients from sources including animal waste pollution.

 Adopting environmentally responsible animal waste management practices, such as those set forth in the Animal Agriculture Reform Act, would help mitigate a number of these serious potential human health threats.  By containing animal waste properly, observing application limits for use of manure as fertilizer, and applying treatment standards to excess manure, the human health impacts of animal waste can be minimized.

 The Animal Agriculture Reform Act calls for treatment of animal waste, when necessary, much as municipal sewage is treated.  When too much liquid manure is produced to be used for crop nutrients or another beneficial use, it should be treated to ensure adequate protection of the environment and human health.

 Treatment requirements similar to those that apply to human waste should be considered as part of any comprehensive approach to managing the 1.3 billion tons of animal manure produced annually.

Municipal Wastewater Treatment

   Primary treatment -- Larger solids are removed from the water by screening, grinding and settling.  Settled solids are removed for decomposition, and eventually may need further treatment before disposal.

   Secondary treatment -- Dissolved organic materials are reduced by biological decomposition.

   Tertiary treatment -- Additional filtration, if necessary, increases the quality of the water and reduces the need for disinfection.

   Disinfection stage --  Most of the remaining viruses and bacteria are killed (usually with chlorine).

 Some waste storage and application systems on livestock farms are rudimentary waste treatment systems.  High volumes of water are used to flush out the manure into below-building pits, and then into waste lagoons.  In a lagoon or tank, many of the solids settle into a sludge at the bottom.  By using multiple lagoons for repeated settling, a livestock operation can recapture water from the waste stream that is clean enough to recycle for flushing the barns.  Typically such "treatment," however, is designed only to recycle water, not to provide environmental safeguards.

Composting

 Composting animal waste prior to land application offers significant benefits, although currently it is practical only for dry waste (poultry) operations.  The composting of manure, dead animals and other organic materials breaks down organic compounds so they may be more readily used by crops, and the high heat naturally generated by composting kills pathogens.  For these reasons, composting may be an adequate treatment for dry waste.  Composted dry waste also may be sold commercially for fertilizer.
 

   In 60 percent of rivers and streams identified by EPA as "impaired," agricultural runoff, including animal waste, is the largest contributor to pollution.

   In 1995 in North Carolina:
    35 million gallons of animal waste spilled into the state's waterways.
    Kills of 10 million fish were attributed largely to animal waste pollution.
    Animal waste pollution closed over 360,000 acres of coastal wetlands to shellfish harvesting.

   In Iowa, Minnesota and Missouri -- accounting for 36 percent of 1996 U.S. swine production -- recorded animal waste spills rose from 20 in 1992 (killing at least 55,000 fish) to more than 40 in 1996 (killing at least 670,000 fish).

   Between 1972 and 1995, the number of coastal and estuarine waters that host major, recurring attacks by harmful microbes has doubled -- and nutrient enrichment from sources including animal waste is the leading suspect.

    In 1997, approximately 450,000 fish were killed in North Carolina by the toxic microbe Pfiesteria piscicida, whose increased presence in estuarine waters is linked to excess nutrients from animal waste and farm runoff.

    In 1997, an estimated 30,000 fish were killed in the Chesapeake Bay by Pfiesteria, implicating nutrient runoff from the poultry farms on the Delmarva Peninsula that produce over 600 million birds per year.

    Symptoms reported among people with close exposure to Pfiesteria in its toxic form include memory loss, respiratory problems and skin rashes.

    22 species of harmful dinoflagellates were known in 1982; now there are over 60.

    Public concerns about nutrient enrichment of waterways also have been heightened by other attacks by toxic algae and microbes in recent years:
     3 people dead and 100 sick in Canada
     162 dolphins, a sea lion and at least 4 whales dead in Mexico
     Thousands of tropical fish dead off Florida
     304 dead manatees in Florida
     Hundreds of brown pelicans dead in California

   Gulf of Mexico:  Nutrients from farm runoff, including animal waste, are linked to the formation of a so-called "dead zone" of hypoxia (low oxygen) in the Gulf as large as 7,000 square miles.
Animal Waste Production  -- Fact Sheet & Maps

   The following maps detail concentrations of manure across the country, measured by both nitrogen and phosphorous from manure.  This concentration makes it significantly more difficult to effectively manage animal waste and utilize manure for such beneficial uses as fertilizer.

   Maps soon to be released by USDA indicate that in a number of these areas of high concentration there is simply not enough crop land to utilize the manure.

   Cattle                    1,229,190,000
   Hogs                        116,652,300
   Chickens                    14,394,000
   Turkeys                        5,425,000
                              ===========
                                1,365,661,300

   More than five tons of animal manure are produced each year for every person in the United States, compared to about 80 pounds of solid human waste.

   The annual production of over 600 million chickens on the Delmarva Peninsula (the Chesapeake  Bay tri-state area) yields:

    Over 3.2 billion pounds of raw waste each year.
    13.8 million pounds of phosphorous.
    48.2 million pounds of nitrogen -- as much nitrogen as in the waste from a city of 490,000.

   The 1,600 dairies in the Central Valley of California produce more waste than a city of 21 million people.

   A 50,000 acre swine operation under construction in Utah is designed to produce  up to 2.5 million hogs per year -- with a potential waste output greater than that of the city of Los Angeles.

   The manure from a 200-head dairy operation produces as much nitrogen as is in the sewage from a community of 5,000-10,000 people.

   The annual litter from a typical broiler house of 22,000 birds contains as much phosphorous as is in the sewage from a community of 6,000 people.

 Increasing concerns about the environmental consequences of livestock and poultry production are related to the increasing concentration of animals in certain areas of the country and on larger farms.  The resulting concentrations of manure make it much more difficult to manage waste responsibly and utilize all the manure for fertilizer.

 This concentration of animals without sufficient crop land in those areas for manure application is an increasing problem.  In 1992, for example, the largest hog operations (more than 2,500 hogs per farm) held more than 27 percent of the nation's hogs but owned only 3 percent of crop land associated with animal operations.

 The following charts show that while the number of farms raising various types of livestock and poultry have declined, the number of animals produced has risen at the same time.  The map following the charts shows the regions where these animals are now concentrated.

   Livestock Production in the United States

   Broilers                  7.6 Billion (1996)
   Turkeys                300 Million (1996)
   Hogs                    103 Million (1995)
   Cattle (non-dairy)   58 Million (1995)

   Thirty years ago there were more than a million hog farms across the country.  Over the past 15 the number of hog farms has dropped from 600,000 to 157,000, yet the country's hog invyears entory has remained almost the same.

   As a result of increased concentration, just 3 percent of the nation's hog farms produce more than 50 percent of the nation's hogs.

   2 percent of cattle feed operations account for over 40 percent of all cattle sold.

   Between 1969 and 1992, the number of farms with broiler houses fell by 35 percent, but during the same time production nearly tripled.

   In 1996, 55 percent of hog production took place in four states.  In the same year, the four-state concentration for poultry production was 53 percent.

   Out of 640,000 U.S. livestock farms, 450,000 are confined feedlot operations.

   About 6,600 of those animal feeding operations account for about 35% of total US livestock production.
 

Clinton Administration Clean Water Action Plan

   In October, Vice President Gore directed the Environmental Protection Agency and the Department of Agriculture to work with other Federal agencies to develop a Clean Water Action Plan by February 14, 1998.  The Plan will describe specific actions that Federal agencies will take to:  1) protect public health; 2) prevent polluted runoff; and 3) promote community-based watershed management.

   The Vice President listed animal feeding operations as a key source of water pollution to be addressed by the Action Plan.

Environmental Protection Agency

 EPA is considering actions to address animal waste pollution, including:

   New Clean Water Act regulations;
   Increased inspections of operations; and
   Stepped up enforcement against polluting operations.

Department of Agriculture

   USDA is working with EPA on the Administration's Clean Water Action Plan.  The Natural Resources Conservation Service is reviewing and revising guidelines on animal waste management.

National Environmental Dialogue on Pork Production

   The National Environmental Dialogue on Pork Production (NEDPP) is a working group composed of the Department of Agriculture, the Environmental Protection Agency, several state environmental and agriculture departments, and individual pork producers affiliated with the National Pork Producers Council.

   This month, the NEDPP recommended that environmental regulations for swine operations:

    Apply to all sizes of commercial operations.
    Require new operations to comply with recognized engineering standards.
    Limit manure application by crop nutrient needs and soil nutrient levels.
    Require certification and training for facility operators.
    Require setbacks from water bodies, residences and other public facilities.
    Allow public notice and comment on proposed operations.

 Senator Tom Harkin (D-IA) introduced the Animal Agriculture Reform Act in the United States Senate on October 28, 1997.  The bill calls for national environmental standards for the handling of animal waste by large animal feeding operations.  These standards would be implemented through mandatory animal waste management plans approved by the Department of Agriculture.

 The bill does not interfere with the regulatory role of the Environmental Protection Agency or state governments.  Instead, it provides a directive for USDA to implement waste management standards on individual farms.  USDA is not required to monitor for pollution.

 Under the Animal Agriculture Reform Act:

   Livestock and poultry operations would submit detailed plans to USDA for:

    Minimizing animal waste runoff and leaching into water.
    Operating, monitoring, maintaining and inspecting waste storage facilities.
    Handling, transporting, storing, applying and treating animal waste.
    Building containment systems according to national technical standards.
    Containing accidental waste spills.

   Manure may not be applied in amounts that exceed crop nutrient requirements and increase the risk of water pollution.

   Liquid manure that cannot be applied in accordance with nutrient restrictions or put to another beneficial use must be treated in accordance with waste water treatment standards.

   Funding for USDA's Environmental Quality Incentives Program would be quadrupled from $200 million per year to $800 million per year, and assistance for smaller operations to prepare animal waste management plans would be a priority.

   Animal owners are responsible for preparing and complying with the animal waste management plan, even if they contract with others to raise the animals.

   If EPA or a state finds that an operation is a significant polluter, USDA must review the operation's compliance with its management plan.  USDA may close an operation that does not comply with its plan or fails to file an approved plan.

   State and local governments may apply tougher standards than those in the bill.

   Waste management plans are mandatory for operations over an approximate capacity of 1,330 hogs; 57,000 chickens; 270 dairy cattle; or 640 feeder cattle.

The Environmental Protection Agency

 Several Federal statutes under the Environmental Protection Agency's jurisdiction cover some aspect of animal feeding operations.  Of these, the Clean Water Act is the most significant.  However, regulations under this statute are limited, and do not cover such critical issues as land application of manure, nutrient management, animal waste management plans and engineering standards.

The Clean Water Act of 1972 (CWA)

 The CWA is the most significant federal statute covering livestock operations.  Under the CWA, no point source may discharge pollutants unless it is in accordance with a permit issued by EPA or a state under EPA's National Pollutant Discharge Elimination System (NPDES).

   The CWA defines a "point source" as:  "any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation (CAFO), or vessel or other floating craft, from which pollutants are or may be discharged."

   The CWA does not specifically define a CAFO.  EPA's regulations, written in 1976, define a CAFO as an animal feeding facility in which animals are confined for 45 days or more out of a 12-month period, over which no crops or forage growth is sustained, and that either:

    Contains 1,000 animal units and has the potential to discharge pollutants into water by any means;

    Contains over 300 animal units and is discharging pollutants through a man-made device (e.g., pipes or ditches) directly into a water body; or

    Is designated a CAFO after a site inspection determines that the operation is or has the potential to be a significant polluter, no matter its size.

   1,000 pound "animal units" equal 1,000 slaughter and feeder cattle; 700 dairy cattle; 2,500 hogs; 500 horses; or 10,000 sheep.  For poultry, 1,000 animal units are equivalent to about 250,000 layers; 455,000 broilers; or 66,700 turkeys.  (EPA's CAFO regulations set different thresholds for poultry, using 55,000 turkeys and from 30,000 to 100,000 chickens depending on the type of operation.)
 
 An NPDES permit prohibits discharges to water except those resulting from a storm exceeding a 25-year, 24 hour storm (i.e., the number of inches of rainfall in a 24-hour period that it is expected only once every 25 years).  An animal feeding operation that only discharges in the event of a 25-year, 24-hour storm is not considered a CAFO.

Coastal Zone Act Reauthorization Amendments of 1990

   CZARA calls upon states with federally-approved coastal zone management programs (voluntary programs under the original Coastal Zone Management Act of 1972) to implement coastal nonpoint pollution control programs.  EPA's technical guidance for such nonpoint control programs includes management measures for "confined animal facilities."

   Although CZARA management measures apply to farms smaller than those specified under the CWA CAFO regulations, any CAFO with an NPDES permit is exempt from CZARA requirements.

Safe Drinking Water Act

   Under the SDWA, animal feeding operations that are identified as a source of groundwater contamination, are within a designated wellhead protection area, or that are located near public water systems may be subject to additional discharge limitations or management practices.

The United States Department of Agriculture

 USDA does not have regulations that govern animal waste management.  However, the Natural Resources Conservation Service provides conservation assistance to farmers that includes waste and nutrient management for livestock and poultry farms.

   Under the new Environmental Quality Incentives Program (EQIP), established by the 1996 Farm Bill:

    USDA enters into 5- to 10-year contracts with farmers to provide financial, technical and educational assistance for conservation measures.  Farmers must implement a conservation plan.

    Farmers may receive cost-share payments and incentive payments for conservation measures including manure management facilities and nutrient management plans.

    Fifty percent of EQIP funding is targeted to livestock production.  Owners of large confined livestock operations (over 1,000 animal units--see discussion under the Clean Water Act above) are not eligible for cost-share assistance for animal waste storage or treatment facilities.  Technical, educational, and financial assistance may be provided for other conservation practices on these large operations.

The States

 A survey of 29 states indicates that laws regulating animal waste and manure management vary widely.  State and local laws that affect the management of animal feeding operations generally regulate one or more of the following aspects:  (1) size or structure of operations; (2) location of facilities; and (3) practices of the operation.  A number of states have used the NPDES program as a starting point, and have added additional requirements to those found in EPA's NPDES regulations.

 Many states and localities have enacted new laws and regulations very recently, and this is an area of intense activity.  North Carolina and Kentucky, for example, recently imposed moratoria on the construction of most new livestock operations.

 Among aspects of livestock operations regulated by various states are:

   Separation distances between livestock operations and water wells, private homes, or property lines;
   Amounts of land available for manure application;
   Manure application methods and amounts;
   Capacity of manure storage structures;
   Allowable seepage from waste lagoons;
   Construction standards; and
   Disposal of dead animals.

 In some states, disputes have arisen as to whether local jurisdictions have the authority to regulate livestock and poultry operations.  Among the sources of legal authority advanced to justify local control are zoning and health ordinances.  Typically, proponents of local control are seeking more stringent regulation than is provided by state law.
 

 Animal waste pollution is a national problem, and current Federal regulations are an inadequate solution.  There are no regulations at the national level that set specific requirements for the storage or application of manure, nutrient management, animal waste management plans or construction standards.

 Although many states are grappling with this issue on their own, new minimum environmental standards for animal waste management should be established at the Federal level to ensure nationwide protection of the environment and human health.

 While the Environmental Protection Agency should maintain its regulatory role, the Department of Agriculture should be actively engaged in setting new animal waste management standards.  USDA is the only Federal department with a national staff in place to help farmers implement sound environmental practices for livestock and poultry production.

 As part of any new Federal approach to this issue, all large livestock and poultry operations should be required to adopt animal waste management plans that:

   Limit the application of both phosphorous and nitrogen to the amounts that can be used by crops.

   Detail safe methods for handling, storing and applying or disposing of manure.

   Specify how excess manure that cannot be used for crop nutrients or another beneficial purpose will be treated to minimize environmental threats.

 Animal waste is not the only threat to water quality.  But action must be taken now to minimize the risks to our nation's ground and surface water from livestock and poultry production.  Comprehensive national standards for animal waste management, such as those set forth in the Animal Agriculture Reform Act, are an important step toward improving water quality across America.

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