New livestock legislation—Senate File 2293
by Jeffrey Lorimor, Department of Agricultural and Biosystems Engineering
The Iowa Legislature passed another bill this spring regulating animal production in the state, with an eye towards increasing environmental protection. The bill addressed a number of issues, including air quality and manure nutrient planning. Although the bill is large and complicated, a short summary is presented herein of some of the major provisions. Its important to note that implementing the legislation will be a long and process, directed by the Iowa Department of Natural Resources (IDNR) via the rule-making process. It will be up to 5 years (July 1, 2007) before all provisions are in place.
Facility size. Regulation is based on facility size. In the past, there have been essentially two important size thresholds: 1) manure management plans have been required of facilities with 200,000 pounds of bodyweight for swine and poultry, one-time capacity or more, 400,000 pounds for bovine, and 2) construction permits have been required of facilities with 625,000 pounds of bodyweight (swine and poultry) capacity or more, and 1,250,000 pounds for bovine. SF 2293 switches from regulating on pounds of bodyweight to animal units (AU). Although AUs are not as precise as bodyweights, they are the method used by the U.S. Environmental Protection Agency.
Air quality. SF 2293 charges the IDNR with establishing a system to monitor for hydrogen sulfide, ammonia, and odor. Air quality standards are to be established at the separated distance (for homes, businesses, churches, schools, or public use areas) from the livestock facility. If a violation is found at the separated distance, the gas or odor can then be tested closer to the livestock facility as it is traced to its source. IDNR will adopt standards via the rule-making process, but no restrictions will be enforced before December 1, 2004.
Manure management plans. Two very significant changes in manure management plans (MMPs) include the requirement to submit plans to IDNR annually, and the switch to phosphorus planning. In the past manure management plans were only required to be submitted to IDNR once, when the facility was constructed. After that any changes were kept in the producers' files, but were not submitted to IDNR. Starting March 1, 2003, plans will need to be submitted to IDNR annually. Confinement facilities with 500 AU or more must submit MMPs to IDNR annually. New confinements with 1000 AU or more also must obtain construction permits before building. MMPS must be submitted to all counties in which manure will be applied, as well as the county in which the facility resides.
Phosphorus (P) planning. IDNR must implement a phosphorus index based on the current Iowa Natural Resources Conservation Service phosphorus index (PI). MMPs will then be based on the PI and associated rules. P planning will be phased in over several years, depending on when the first MMP was submitted. If an original plan was submitted before April 1, 2002, the PI will be required by July 1, 2007. If an original plan is submitted April 1, 2002, or after, but before September 1, 2003, the PI will be required by July 1, 2005. If an original plan is submitted after September 1, 2003, the PI will be required in the original plan. It's important to note that the current PI as used by the Natural Resources Conservation Service (NRCS) does not specify P application rates; IDNR will have to develop application regulations based on the PI via the rule-making process.
Fees. A number of new fees were put into place, including the following: $250 initial fee (one time) for new manure management plans; $250 initial fee (one time) for new construction permits; $0.15 per AU (not per head), annual compliance fee, due with the annual MMP; and one-time indemnity fee the same as in the past (not new).
Separation distances. Rivers and lakes were added to the list of designated areas requiring a 200-foot setback for manure application unless the manure in injected, or incorporated on the same date. If a 50-foot vegetated buffer is maintained manure cannot be applied on that buffer. Larger separation distances were established for livestock facilities. These facility setbacks apply to all size operations, including those under 500 AUs.
Matrix. A master matrix will be developed by the DNR for counties to use if they elect to do so, to rate new facilities for construction. It will give local citizens a voice in deciding whether a facility can be built. The DNR is charged with leading a matrix committee to develop the matrix. For more information about the new legislation and requirements and to follow the IDNR rule-making process, please visit the IMMAG Web site at http://extension.agron.iastate.edu/immag/
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Page last updated October 5, 2004
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