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It took three pieces of legislation, numerous meetings and several rounds of adopting and amending rules. Now, the Ohio Department of Agriculture (ODA) has completed its final step in seeking total authority over the state's large livestock farms.

The ODA recently filed an application to issue and enforce discharge permits that are required for farms classified as concentrated animal feeding operations (CAFOs). While all farms in Ohio are prohibited from discharging manure, federal rules stipulate that CAFOs obtain a National Pollution Discharge Elimination System (NPDES) permit if they discharge or "propose" to discharge. The permit is currently issued by the Ohio Environmental Protection Agency (EPA).

David White, OFBF senior director of policy research and development, said the situation highlights that regulatory process is not as simple as it is made out to be.

"It goes to show that what we believe is a simple solution, actually requires many complexities to be accomplished," he said.

Legislation passed in 2000 transferred oversight of large livestock operations to ODA. Two years later the department began issuing and enforcing state permits. In 2003, a state law was passed to make Ohio compliant with new federal NPDES rules. Additional legislation was needed in 2006 to comply with a federal court ruling on EPA's rules.

White said the sheer size of the 1,600-page permit also provides some explanation of the lengthy process.

"It's obvious that when you have an application of this magnitude, it's going to take some personnel hours," he said.

The permit will first go to U.S. EPA Region 5 then to the national office in Washington D.C. It is expected to take several months for the agency to respond. If the permit is accepted, the ODA would become the only state agriculture department in the nation with NPDES authority.

White notes that the extensive application makes it difficult for critics to poke holes in Ohio's regulations for CAFOs.

"You tell us what rule isn't in here," he said. "If you think there are not enough rules in place, you should read the 1,600 pages."

Caption: David White, OFBF senior director of policy research and development, reviews ODA's application to gain NPDES permitting authority. The document is 1,600 pages, contains three volumes, weights 10 pounds and is 7 inches thick.