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New CAFO Pollution Permit System in IL Could be Used by Other States

Steps taken by the state of Illinois to comply with new federal requirements for permits covers discharges of manure and other pollutants from Concentrated Animal Feeding Operations (CAFOs) (also known as "factory farms") into waters of the United States should serve as a model for other states, according to Illinois Citizens for Clean Air & Water (ICCAW) Environmental Integrity Project (EIP).

ICCAW and the Washington, DC based Environmental Integrity Project prompted significant changes in the Illinois General National Pollutant Discharge Elimination System Permit. The general permit covers discharges of manure and other pollutants from Concentrated Animal Feeding Operations (CAFOs) (also known as "factory farms") into waters of the United States. The Illinois EPA (IEPA) has failed to issue permits for CAFOs for a number of years. The finalized general permit allows EPA to regularly inspect and monitor water conditions around CAFOs to ensure that their waste products don't contaminate streams and rivers.

ICCAW and EIP said that other states rushing to meet a federal deadline of December 22, 2009 should consider adopting the Illinois approach allowing much fuller public access to the CAFO permitting process.

"The Illinois EPA should be applauded for increasing the public's access to general permitting information by making application materials and NMPs available online. This furthers the intent of the federal Clean Water Act by affording the public a meaningful opportunity to participate in the regulatory process," says attorney and ICCAW member Danielle Diamond.

The issuance of the general permit provides citizens with an enforceable tool to combat local water pollution. According to Karen Hudson of Elmwood, Illinois: "Illinois citizens have fought long and hard to reclaim enforceable tools that will help protect our neighborhoods from factory farm pollution. These positive changes have been a long time coming and we welcome this new ability to make it easier for us to monitor and react when waste contaminates the land and water."

The comments submitted by ICCAW and EIP on the draft version of the permit addressed a broad range of topics, from the need for more effective public participation in the permitting process to better tracking of waste transferred off-site. Many of the suggested changes were implemented in the final version of the general permit.

For instance, the general permit now requires that all permit documents be put online for the public to view and comment on. This change in the permitting system is pivotal for citizens who need quick access to information about CAFOs polluting nearby water and streams. In the past, even the most basic information was difficult to attain or simply unattainable for citizens suffering the effects of pollution. Now that citizens can receive information online, there should be more transparency in permitting.

Another change to the general permit requires that nutrient management plans (NMPs), which show how animal waste is applied, be site-specific and tailored to a particular CAFO. This change is important because each site has unique characteristics that should be taken into account when land-applying CAFO waste to avoid impacting surface waters. In addition, manure transferred off-site can now be tracked by the public. The general permit requires topographic maps showing where the waste from a CAFO will end up, how much waste is transferred, what amount of acreage is used, and who receives the waste.

"The tide is changing. As states look to comply with new federal CAFO requirements, Illinois can serve as a model for how to improve public access to vital permitting information. What began as a local effort to strengthen enforcement of CAFOs has resulted in the empowerment of citizens and permitting requirements with the potential for national significance," says EIP attorney Jessica Werber.  

ICCAW and EIP look forward to Illinois' implementation of the new general permit to CAFOs.

ABOUT THE GROUPS

The Illinois Citizens for Clean Air and Water (ICCAW) is a state-wide coalition of family farmers and community groups advocating for sound policies and practices that protect the environment, human health, and rural quality of life from the impacts of large-scale, industrialized livestock production facilities in Illinois. A majority of its members are family farmers and rural residents that live near large-scale livestock facilities that have been adversely impacted by the problems they create For more information, go to http://www.iccaw.org.

The Environmental Integrity Project (http://www.environmentalintegrity.org) is a nonpartisan, nonprofit organization established in March of 2002 by former EPA enforcement attorneys to advocate for effective enforcement of environmental laws. EIP has three goals: 1) to provide objective analyses of how the failure to enforce or implement environmental laws increases pollution and affects public health; 2) to hold federal and state agencies, as well as individual corporations, accountable for failing to enforce or comply with environmental laws; and 3) to help local communities obtain the protection of environmental laws.

CONTACTS: Karen Hudson, 309-208-8846; Danielle Diamond, J.D., 815-403-0278; Dr. Kendall Thu, Ph.D., 815-753-0479; and Jessica Werber, J.D., 202-251-1707.