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by Amy Beth Graves

Looking to clear the air on a few issues, representatives of Ohio's livestock industry met with officials of the U.S. Environmental Protection Agency's (EPA) Region 5 office.

The goal of the June 16 meeting was to develop a working relationship with the U.S. EPA and "engage in a dialogue in a respectful manner," said David White, director of commodity relations for Ohio Farm Bureau Federation (OFBF) and the executive director of the Ohio Livestock Coalition (OLC). Also at the meeting in Columbus were staff members of OFBF, which is a member of OLC, the Ohio EPA's Division of Surface Water and the Ohio Department of Agriculture's (ODA) livestock permitting program.

"We think this a very good start. We believe the U.S. EPA has a better understanding of where we are coming from. They realized they need to work with industry stakeholders more closely," White said.

Jon Scholl, counselor to the U.S. EPA's administrator for agricultural policy, kicked off the four-hour meeting by admitting that the relationship between the agency and agriculture has been "rocky" at times. He said the meeting and follow-up communication should help improve that relationship.

During the meeting, OFBF Executive Vice President Jack Fisher asked about the operating structure of the U.S. EPA to get a better understanding of the agency and find out whom to contact. OLC didn't know whom to call after the U.S. EPA unexpectedly inspected dairy farms in northwest Ohio, White said.

Fisher told Bharat Mathur, acting regional administrator for U.S. EPA's Region 5, that the federal inspections appeared to "be very subjective." Mathur said the decision to inspect a farm is warranted in emergency situations or if an operation is very large or complex.

"I would encourage you to be more transparent and tell us what you are doing," Fisher said.

Mathur said he hoped Ohio's agriculture community did not think the U.S. EPA was "out to get anyone."

"Our job is to get people in compliance as quickly as possible," he said. "I want to take away this myth of the big bad feds coming in and taking over."

The group talked at length about National Pollutant Discharge Elimination System (NPDES) permits. OLC and several of its member organizations, including OFBF, have appealed the issuance of Ohio EPA's general NPDES permit for concentrated animal feeding operations (CAFOs). The appeal claims the permit exceeds state and federal authority and is not based on sound science. Mathur said he did not know about the appeal filed in February.

Kevin Elder, director of ODA's livestock permitting program, said he anticipates it will be the end of the year before ODA submits its NPDES delegation authority proposal to the federal EPA. ODA is in the process of taking over the NPDES permitting process. U.S. EPA officials would need at least six months to review the proposal, Mathur said.

Complicating things is a federal appeals court's February ruling that the U.S. EPA exceeded its authority in requiring CAFOs to apply for NPDES permits based on their potential, rather than actual, discharge of manure. Federal authorities are trying to figure out what to do in reaction to the ruling.

"We're moving as quickly forward as we can," said Steve Jann, CAFO national expert for U.S. EPA Region 5, explaining that things are in limbo because of the ruling.

Manure application was another hot topic of discussion. Constance Jackson, OFBF's vice president of agricultural ecology, questioned what the definition is for frozen- and snow-covered ground and said application of manure in the winter is "pretty prohibitive" after a farm adheres to all the rules.

White said he and other livestock industry leaders will follow up with federal and state EPA officials on the topics discussed. Mathur promised to look further into the winter manure application concerns.

"You can't just have one meeting and solve all the livestock industry's challenges," White said.

Bernie Heisner of COBA summed up his impression of the meeting by saying that while he understands the EPA has concerns about the potential environmental impact of agriculture, the rules need to be fair. He called for both sides to communicate more.

"It's better we talk this way than in court," he said.

Caption: Steve Jann, CAFO national expert for U.S. Environmental Protection Agency Region 5, answers a question as Bharat Mathur, Region 5's acting regional administrator, listens.