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Livestock facilities that meet the definition of a concentrated animal feeding operation (CAFO) are required by federal law to apply for National Pollution Discharge Elimination System (NPDES) permits. Because the number of operations that face this requirement is increasing, the Ohio EPA has written a draft of a general permit. Producers would have the option of obtaining this general permit (which does not require a hearing) or obtaining an individual permit. A producer who has had a discharge will be required to obtain the individual permit.

OFBF Director of Commodity Activities and Executive Director of the Ohio Livestock Coalition David White said this permit is highly needed, however he expressed some concerns with the draft. Ohio Livestock Coalition (OLC) has submitted written comments to Ohio EPA, on behalf of the entire livestock industry and Ohio Farm Bureau. One of the top concerns with the draft permit is the requirement for farmers to have to test for five parameters within 30 minutes of a spill or discharge.

"U.S. EPA doesn't require this," White said and added that from a protection standpoint, OLC and Farm Bureau believe a farmer's first response should be clean up. White reiterated that by law Ohio EPA cannot create an NPDES program that exceeds federal minimum requirements.

White said comments were to be submitted by late October, and he anticipates the permit becoming available next year. In the meantime, White encouraged farmers to contact Ohio EPA and continue to apply under the individual permit.

In the future, the NPDES program is expected to be handled by the Ohio Department of Agriculture. ODA already handles permits to install and operate CAFOs. Its authority to also oversee NPDES permits is pending approval by U.S. EPA.