The EPA and CAFO's:  A Kansas Perspective  Steve Swaffar

Recently the Environmental Protection Agency (EPA) has stated they will be inspecting more Confined Animal Feeding Operations (CAFO) across the country. These inspections are being performed as part of an overall strategy by EPA to ensure compliance with the Clean Water Act, particularly in the livestock sector. Some EPA regional offices have even released statements about the frequency of inspections, the goal of inspections and sequence of the inspections. In general they have made a big deal out of this process. EPA Region 7, who is responsible for the Kansas CAFO program hasn’t taken the same approach. In fact, Region 7 recently recognized Kansas on the success of its entire water permitting program.  

Does this mean EPA won’t inspect facilities in Kansas? Definitely not! EPA likely will inspect facilities, but for the most part Kansas is doing a good job with its livestock feeding operations. The Kansas Department of Health and Environment (KDHE) has been working with livestock producers for the last 20 years to ensure feeding operations, large and small, understand their permit responsibilities and take those requirements seriously. Most of the facilities that feed 300 head or more have had some oversight by KDHE in recent years; many have made significant changes to their facilities to improve waste handling procedures, drainage of water around the lots or even moved the facility to a better location. The point is that Kansas producers are ahead of most others across the U.S. in understanding the regulatory system and being in compliance with those regulations and laws.  

Producers do need to be aware of their permit requirements and be sure they are following them; penalties for non-compliance can be stiff. KDHE, K-State, Kansas Farm Bureau and other ag organizations have done a good job getting this type of information out to producers and making it readily available, but some producers still may not realize they are subject to regulation and enforcement actions. For smaller feeding operations, less than 300 head, there is still a need to be aware of your circumstances even if you aren’t required to have a permit. KDHE has the authority to require a permit for any facility, if it is deemed as having a “potential to pollute”. A permit can be required if conditions of the facility likely result in discharges of manure to surface waters. This can apply to just about anybody whose feedlot is close to a creek, river or wetland and the slope of the facility drains into that water. Yes, even if your feedlot is small you can be regulated if conditions create a threat to surface waters. The bottom line is: Kansas livestock facilities do a good job now, but KDHE and EPA are still charged with ensuring compliance with existing permits and can regulate smaller facilities that are not adequately controlling livestock wastes.