Concentrated Animal Feeding Facility Advisory Committee

March 19, 2003 Minutes

Ohio Department of Agriculture

Bromfield Building

In attendance from the Ohio Department of Agriculture were:  Jenny Tiell, Barb McGinn, Deborah Abbott, Kelly Harvey, Kristi Ford, Peggy Jackson, Michelle McKay,  Andy Ety, Andy Rogowski, Gary Zwolinski and Diane Conley.

Members Present

• Doug Alderman, Ohio Water Environment Association

• Cathy Alexander, Ohio EPA

• Dan Binder, Ohio Environmental Council

• Gerald Boynton, public member

• Kim Coy, drinking water utilities

• Tim Demland, dairy producers

• Chuck Divelbiss, public member

• Kevin Elder, ODA

• Glenn Feichtner, beef producer

• Martin Joyce, ODNR

• Carl Link, pork producers

• Jon Rausch, Ohio State University

• Tom Price, public member

• George Slater, public member

• Ben Stinner, Ohio Alliance for the Environment

• Tim Weaver, poultry producers

• Christina Ritchey Wilson, Ohio Environmental Health Association

Members Absent

• Tim Barnes, sheep producers

• Don Clark, Ohio Department of Development

• Dr. Tony Forshey, Ohio Veterinary Medical Association

• Terry Haworth, county commissioner

Chairman Doug Alderman called the meeting to order and introduced Director Fred Dailey.  Director Dailey wanted to thank the committee for development of the rules.  He mentioned that some legislative work on S.B. 141 was underway.  He noted what the department is doing on bio-terrorism issues.

January 21 Meeting Minutes

There were no changes to the meeting minutes.  A motion was passed to approve the minutes as drafted.

New Web Site Announced

ODA staff announced that they are creating a new “blind” web site for the committee members to access.  This site will be used for viewing all the rule changes.  The members will be e-mailed the web link, rather than e-mailing these large documents as attachments.

Animal Unit Report

The final Animal Unit report was distributed to each member.  Maurice Eastridge was not present so there was no discussion.

Changes to S.B. 141

This is a legislative responsibility and won’t be discussed by the committee.  Although if any member has comments or suggestions, they can submit them to ODA staff.  A summary of legislative changes was distributed to the committee.

Proposed Rule Changes

A list of 13 additional changes, corrections and additions to the rules was distributed at the committee meeting.  This is in addition to the packet that was mailed to the members prior to the meeting. The majority of the changes are due to changes in NPDES requirements and program improvements.  At the January 21 committee meeting, a copy of the Operating Record was requested.  So that was also included in the packet for the members.

A list was distributed which listed changes or revisions to the rules.  It was noted that Prohibition 901:10-1-10 is listed under the “No Change” column, and should be listed under the “Correction” column.

Definition Rule

There were several new definitions added.  One which was added is agricultural stormwater discharge.  To date, this hasn’t been in any of the rules drafted, but it may be used at a later date through communication to the farmers.

The new definitions which were added are word-for-word from the Federal Register, except the definitions of production area and multi-year phosphorus, and are listed in bold. 

The new definitions are:

• Agricultural stormwater discharge

• Animal feeding facility

• Concentrated animal feeding operation

• Land application

• Large concentrated animal feeding operation

• Medium concentrated animal feeding operation

• Production area

• Small concentrated animal feeding operation

• Fecal coliform

• Land application

• New source

• Overflow

• Ammonia

• BOD5

• Nitrate

• Total dissolved solids

• Total coliform

• Setback

• Multi-year phosphorus application

The next changes are minor changes or typos ODA legal staff made to the existing Definition section of rules which are noted in bold.  These include changes to “manure storage or treatment” and “significant capital expenditure.”

• Page 1 -There are a couple concerns with the word “pollutant” in the definition for Agricultural stormwater runoff – wastewater vs. runoff.

• Page 4 – Item I land application will be deleted because it’s a repeat of Item D.  The definition of CAFF will be changed to meet federal standards.  It is noted in the statute.  Large CAFO and large CAFF’s have the same definition.

• Page 10 – Added design capacity definition

• Page 13 – (NN) Proposed to strike the word “or” and replace it with “and”.  But this will  have to be changed in the statute.  The word “transport” is also in the statute.  We will revisit the addition of the word “and” at a later time.  Would like to use the word “land application” instead of “transport”.

• Page 18 – (MMM) source water vs. drinking water.

ODA staff will look into the re-wording of some of the items.  The committee can submit any comments, via phone, mail or e-mail.

A motion was made to approve the definitions except those with the changes that have been discussed.  The motion passed.

Proposed Rule Changes

ODA staff drafted changes to the rules.  The committee proposed the following:

1. Rule 901:10-2-06 Is there a difference between perimeter drains and subsurface drains to be fixed?  Also, need to reconcile this rule with 901:10-4-05.

2. Reconcile Rules 901:10-2-17 and Rule 901:10-4-05.

3. 35’ setback – OEC and OEPA disagree regarding 48 hour incorporation as equivalent.  Only if within 24 hours.  See rule 901:10-2-14.

4. Change wasterwater to runoff in definition of Ag. SW.

5. (NNN) drinking water source protection area.

6. Certified Livestock Manager – regarding distinction between manure broker and persons who transport and land apply.

7. For transporter under 903.07 to include land application and manure amounts by rule.

8. CAFO – no design capacity in federal definitions, just animals.  The term CAFF refers to animals and design capacity – see rule 903.04 design capacity.

901:10-1-07 – add swine under 55 pounds.

9. Define “applicant”.  See rule 901:10-3-10.

10. Transition BMPs vs. final BMPs (limited to 3 years, only to 2006 but no later than 2006) for an RCC vs. PTO.

11. “Duty to seek coverage” and its exemption – “no permit”.

12. Fix (F) in rule 901:10-2-04 to clarify 25 year or 100 year apply; conflicting NRCS standard for storms do not apply – reconcile to (D) and (E).

13. Rule 901:10-2-07 – change odor control to odor minimization.

14. Rule 901:10-2-07(C) clarify what USEPA means by site office; add medical wastes.

15. Remove “to the containment areas” 901:10-2-08.

16. “Actions to be taken” means actions correcting 901:10-2-08.

17. Issue:  specifying inspection frequency 901:10-2-08.

18. Rule 901:10-2-10 refer to Appendix A and Table 2 of Appendix E.

19. D & U and duties of the recipient.

20. Annual report.  Total amount of manure removed per year – removed from storage each year and that which was transferred.  Separate for rule and add.

21. Be sure to add swine less than 55 lbs. And chickens other than layers.

22. Rule 901:10-3-01(F), (H) and (I) to change “pollutants” to “manure”.

23. Check on applicability of BPT, BCT.

24. Designation – change CAFF to CAFO; delete (A)(3).

25. Check certification statement at (M) 901:10-3-10.

26. “Waters of the state” at (P)(3) 901:10-3-10.

27. Stormwater – add filter strip and reflect the one acre change after 3/10/03.

The committee then reviewed the following rules with the following actions:

• 901:10-1-03            Consensus was approved with the changes noted.

• 901:10-1-04            Consensus was approved with the changes noted.

• 901:10-1-05            Consensus was approved with the changes noted.

• 901:10-1-06            Tabled until next meeting. Clarify between manure broker and persons who transport and land apply.

• 901:10-1-07            Tabled – will review items 2 & 7.  Needs statutory revision.

• 901:10-1-08            Consensus was approved with the changes noted.

• 901:10-1-09            Consensus was approved with the changes noted.

• 901:10-1-10            Tabled for clarification. Statute needs correction.

• 901:10-2-01            Consensus was approved with the changes noted.

• 901:10-2-02            No changes to the rule.

• 901:10-2-03            No changes to the rule.

• 901:10-2-04            Consensus was approved with rewording of (F).

• 901:10-2-05            Consensus was approved with the changes noted.

• 901:10-2-06            No changes to the rule.

• 901:10-2-07            Consensus was approved with the changes noted.

• 901:10-2-08            Motion was made to add “correcting” in first sentence, and reword sentence.  Consensus was approved with the changes noted, with two committee members agreeing to disagree on 24 hour vs. 48 hour incorporation (Cathy Alexander & Dan Binder).  They will submit paperwork supporting their views.

• 901:10-2-09            Consensus was approved with minor additions noted.

• 901-10-2-10            Consensus was approved with the changes noted.

• 901:10-2-11            Tabled until next meeting.

• 901:10-2-12            No changes to the rule.

• 901:10-2-13            No changes to the rule.

• 901:10-2-14            No changes to the rule.

• 901:10-2-15            Consensus was approved with the changes noted.

• 901:10-2-16            Consensus was approved with the changes noted.

• 901:10-2-17            Use “waters of the state” instead of “stream”.  Consensus was approved with changes.

• 901:10-2-18            No changes to the rule.

• 901:10-2-19            No changes to the rule.

• 901:10-2-20            Annual report added, all new language.  Consensus was approved with the changes notes.

• 901:10-3-01            Consensus was approved with the changes noted.

• 901:10-3-02            Added Addendum.  Consensus was approved with the changes notes.

• 901:10-3-03            Changes on horses and sheep.  Need to check on BCT and BPT.

• 901:10-3-04            Consensus was approved with the changes noted.

• 901:10-3-05            Strike paragraph D in item 10 of Addendum.  Consensus was approved with the changes notes.

• 901:10-3-06            New language was added.  Consensus was approved with the changes notes.

• 901:10-3-07            Consensus was approved with the changes noted.

• 901:10-3-08            Consensus was approved with the changes noted.

• 901:10-3-09            No changes to the rule.

• 901:10-3-10            Consensus was approved with the changes noted.

• 901:10-3-11            Consensus was approved with the changes noted.

• 901:10-3-12            Consensus was approved with the changes noted.

Next Meeting Information

The next CAFF meeting is scheduled for April 2 from 9:00 to 3:00.

Meeting adjourned.