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Iowa Plan Answering Your Questions
about the Iowa Open Feedlot Plan These questions and answers were developed by the Education Subcommittee of the Iowa Open Feedlot Working group to answer producers' questions about the Iowa Open Feedlot Program. The Iowa Open Feedlot Working Group includes: Conservation Districts of Iowa, Iowa Beef Center, Iowa Cattlemen's Association, Iowa Department of Agriculture, Iowa Department of Natural Resources, Iowa Environmental Council, Iowa Farm Bureau Federation, Iowa State University Extension, Izaak Walton League, U.S.D.A. Natural Resources Conservation Service, U.S. Environmental Protection Agency What
is the new DNR program for open feedlots? Q1. What is the new DNR program for open feedlots? The Iowa Department of Natural Resources (DNR) program was developed to help open feedlots comply with federal and state laws that have been in place since the 1970s, but have not been actively enforced. To encourage compliance, the DNR worked with stakeholders to develop a program that would encourage voluntary registration of feedlots, an environmental priority assessment and a two- to five-year compliance schedule. Those who register would receive limited amnesty from routine inspections and from some monetary penalties for minor water quality violations, provided they are working to comply with the regulations. The program was developed with input from producer groups such as the Iowa Cattlemen’s Association, environmental groups and regulatory and educational agencies.
Q2. What does “Registration” mean? And what am I signing up for? Signing up or registering your open feedlot means that you are becoming part of the DNR’s new program to bring open feedlots into compliance with existing laws. Registering your feedlot has several advantages: 1) EPA has agreed not to conduct routine inspections during calendar year 2001 on feedlots that are registered or currently permitted (unless there is a reported violation), 2) DNR will grant limited amnesty to feedlots that are registered (see Q.5 on amnesty), 3) you will have the opportunity to determine if you need a permit, 4) you will have time to make changes in your operation to bring it into compliance (if needed), and 5) you may be eligible to receive cost-share funds if they become available. Registering begins the process of determining if your feedlot needs to be permitted. Once you’ve registered, the DNR will do an in-house evaluation using the information you provide, available soils maps, geographical information and aerial photographs to determine if you have a low, medium or high priority for environmental compliance. The priority assessment is based on the feedlot’s potential for causing water quality problems. Based on the rankings, a DNR field person will visit the operation to work with the producer and determine actual site conditions, management practices and if a permit is needed. Higher priority operations will be visited first and lowest priority operations will be visited last.
Q3. What factors will DNR be using to determine high, medium and low environmental priority? The DNR will use a two-tiered process to determine environmental priority. First, an in-house assessment (Word-format) will use existing maps and the information provided by the producer to evaluate priorities using the following factors:
The in-house assessment will determine high, medium or low priority. However, DNR field specialists will meet with producers on the site for the second part of the priority assessment. They will check to see if the priority is correct based on actual site conditions. They will identify specific practices or controls that are working and those that need to be improved to meet water quality standards. They will also let producers know if they need a permit or not.
Q4. Who needs to register?Generally, anyone who might need a permit needs to register (see Q8). Even if you have received a visit, a letter or a verbal opinion from the DNR saying that you do not need a permit, you will need to register so that the DNR can re-evaluate your operation, its topography and its manure-control structures.
Q5. What is amnesty?The DNR will not conduct inspections until after Jan. 1, 2002, except upon owner/operator request or when there is a complaint. Registered feedlots will not be assessed monetary penalties for not having a permit or for minor water quality violations. Water quality violations for solids in the water or those that violate numeric water quality standards will be evaluated on a case-by-case basis and may receive notices of violation and possibly penalties. For water quality violations that include fish kills, the minimum that the DNR will seek is fish restitution. The limited amnesty program buys producers the time that they need to comply with environmental regulations – time to find an engineer, to complete any needed construction and to obtain financial backing to comply with the regulations. In addition, the EPA will not conduct a routine inspection of your feedlot if you have registered your open feedlot with the DNR. For routine inspections during the remainder of the calendar year 2001, EPA will contact the Iowa DNR to determine if a feedlot that EPA has selected for inspections, has registered for this program. If it has, then EPA will not perform the inspection, but will give the operation the opportunity to complete the permitting process as outlined in the Iowa Program for Open Feedlots.
Q6. What about the people who already have permits? Do they have amnesty? Those who have received permits in the past, but do not have a current permit or a renewed permit issued within the last five years should register with the DNR. Those who have a current permit and are meeting the requirements of that permit do not need to register or apply for a permit. The limited amnesty does not apply to permitted facilities, since they already have a permit and are on a compliance schedule if appropriate.
Q7. Do the DNR and EPA have different rules? DNR rules are functionally equivalent to the EPA’s rules, meaning that the DNR’s rules meet EPA’s goals for water quality. The EPA has been conducting feedlot inspections in Iowa because Iowa has not been doing an adequate job of administering the federal rules. The EPA’s inspections are also being driven by several federal lawsuits. The new feedlot program is designed to help Iowa producers come into compliance with the state and federal laws.
Q8. Who needs a permit? Producers who have more than 1,000 animal units (1,000 beef cattle or 700 dairy cattle) need an operation permit from the DNR. These operations must settle all solids and cannot discharge into a water of the state. Producers with 300 to 1,000 animal units (300 to 1,000 beef cattle; 200 to 700 dairy cattle) may need a permit if they discharge to a stream through a man-made conveyance such as a ditch or tile line, or if a stream runs through their property. They must settle all solids and, if they need a permit, they cannot discharge to a water of the state. All producers, regardless of size, must settle all solids, prevent any discharge to a publicly owned lake, sinkhole or agricultural drainage well and land apply so as not to pollute the waters of the state. Federal law provides an exemption from the permit requirements for open feedlots that do not discharge except when there is a 25-year, 24-hour storm. The DNR recommends that these producers register and get a DNR assessment to determine if they meet those federal standards.
Q9. How do I know how many animal units I have? A permit is needed if you have at least 1,000 beef cattle, 700 dairy cattle, 2,500 swine weighing 55 pounds or more or 500 horses or more. An animal unit is a unit of measurement used to determine the animal capacity of a feeding operation based upon the product of multiplying the number of animals in each species by the following:
For feedlots between 300 and 1,000 animal units, 300 animal units is equivalent to 300 beef cattle, 200 dairy cattle, 750 butcher and breeding swine (more than 55 lbs.) or 150 or more horses. Example 1: All one species – for 250 dairy cattle, multiply 250 by the1.4 multiplier to get 350 animal units. Example 2: More than one species in an open feedlot – for 650 beef cattle and 950 breeding swine, multiply [650 X 1.0 = 650 animal units (beef)], plus [950 X 0.4 = 380 animal units (swine)] = 1,030 total animal units.
Q10. What is a permit?A National Pollutant Discharge Elimination System or NPDES permit is the same as Iowa’s operation permit (pdf-format). A permit provides a site specific management plan, including engineering designs for any structures that will be built to comply with water quality standards. All permits have site specific monitoring and recordkeeping requirements, such as keeping records on rainfall and manure management.
Q11. Is there a cost for a permit?There is no cost for an operation permit at this time. There is a one-time fee of $150 for a Storm Water Permit for anyone who plans to disturb five acres or more during construction activities and a fee of $25 for a water withdrawal permit.
Q12. Is it true that everyone with more than 1,000-head will have to have total containment of the 25-year, 24-hour storm? This is a site-specific issue. Each operation will need to be evaluated individually. Very few open feedlots with more than 1,000 animal units will meet the high standard necessary to avoid total containment. Discharges are not allowed to a water of the state. A water of the state is any stream, lake, pond, marsh, watercourse, waterway, well, spring, reservoir, aquifer, irrigation system, drainage system, and any other body or accumulation of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
Q13. What is a 25-year, 24-hour storm? And how big a basin would I have to build if it’s required for my operation? In Iowa, that’s about five inches of rainfall (4.8 inches in the northwestern part of the state to 5.8” in the south central part of the state). The size of the basin is primarily dependent upon 1) the size of the drainage area and 2) the frequency of dewatering (or emptying) the basin and land application. The DNR can approve five systems: varying from emptying the basin after every significant rainfall to emptying the basin once per year.
Q14. What other technologies will DNR and the EPA allow for? This is a site specific decision, dependent upon topography, operation procedures, experience or other factors.
Q15. Why is there an increased emphasis on open feedlot permits? The DNR is responsible for enforcing state and federal laws under the federal Clean Water Act. These laws have been delegated to Iowa by the U.S. EPA and have been basically unchanged since 1976. In the last couple of years, concentrated animal feeding operations have become a national priority for the EPA. The EPA has had an increase in complaints and is being sued by several environmental groups for not adequately enforcing the Clean Water Act. Results of an EPA audit showed that open feedlots did not have the required NPDES permits. USDA statistics indicate that the Iowa DNR should have a minimum of 300 cattle operations with permits. As of January 2001, the DNR had permitted less than 30 sites.
Q16. Why is the EPA inspecting open feedlots in Iowa? Iowa has strong regulations in the confinement swine sector. The EPA is checking to see if the Iowa DNR is doing an adequate job of enforcing the federal laws affecting open feedlots. Open feedlots in Nebraska, Missouri and Kansas (EPA Region VII) were also inspected.
Q17. What is involved in an inspection of an open feedlot by the Environmental Protection Agency? Most inspections involve the Iowa DNR, which gives prior notice of an inspection. From time to time, the EPA also will conduct, with prior notice, a compliance inspection to determine if the feedlot is complying with requirements of the Clean Water Act and other federal environmental laws. Animal biosecurity procedures are followed during the inspection. Most facilities are selected randomly for inspection. Inspections are also conducted if complaints of violations are received. Inspections will be done by EPA staff using a CAFO (concentrated animal feeding operation) inspection form. All questions on the form do not apply to all sizes of operations. The form is intended to be a guide. The inspector will ask for basic information and copies of any records you are required by your permit to keep, such as animal units permitted and the number currently on feed. Questions will be asked about your management of animal wastes and will ask to see your NPDES permit. If you do not have a permit, the inspector will ask to see records to help determine whether a permit is required. The inspector will tour the facility to assess conditions and confirm conformity to the permit. This will include examination of solids sedimentation basins, waste retention structures, required liquid levels, waste disposal equipment, fuel storage areas, fly and rodent control, pesticide storage and maintenance facilities. The inspector may photograph or video an operation to document the inspection. Before leaving, the inspector will conduct an exit interview during which issues that arose during the tour can be clarified. The inspector will provide a receipt for any documents provided on the operation. To the extent possible, the inspector will relay basic findings of the inspection. A final report will be prepared and forwarded to EPA Region 7 officials. The feedlot operator will receive a copy of the report as will the Iowa DNR. EPA may respond to inspection findings of non-compliance in one of several ways (depending on severity)—no formal action, a notice of violation letter, administrative order with or without civil penalties or file a lawsuit asking for compliance and either civil or criminal penalties. For more information click here.
Q18. If I do need to build structures, where do I find an engineer? While you may have trouble finding an agricultural engineer with specific open feedlot experience, there are ways to make your search a little easier and find the engineer most suited to your project. The Basics: Producers need to be aware of the facts. Treat an agricultural engineering job much like you would any other type of major investment – do your homework. Remember: When you call a professional to your site, he will begin charging you for services rendered. By doing your homework, you can make the process as efficient and inexpensive as possible. The following checklist can be used as a basis for your search: Know the DNR rules and regulations.
A list of agricultural engineers can be found on-line at on the Service Providers page on IMMAG. Appearance on the list indicates that the firm is currently operating in Iowa and asked to be included on this list. It is not an endorsement. No criticism is intended of a company, individual or service that is not listed. Questions to Ask: A consulting engineer should be, at the very least, somewhat knowledgeable about agricultural requirements. Ask plenty of questions so you can be sure the engineer is ready for and capable of completing your project. Asking these specific questions may help determine the engineer’s agricultural competence. Does the engineer have: …a license to practice as a professional engineer in Iowa? (all engineering documents including soils reports and plans and specifications for new construction, and evaluation of the adequacy of existing runoff control basins must be prepared by a P.E.) … knowledge and understanding of the livestock production business? … knowledge and experience in animal manure facility design? … knowledge of Iowa DNR regulations? … an ability to assure that adequate design and construction supervision can be provided? … a log detailing previous ag-related jobs? … a willingness to release names and phone numbers of previous clients so you can contact them? Producers should receive a written design plan and cost estimate. As with all professionals, don’t be afraid to seek a second opinion. Obtain competing bids, if possible. Probably the worst thing producers can do is rely on hearsay and spend their hard-earned cash making environmental improvements that are either unnecessary or don’t address the appropriate problem. That is why an environmental risk assessment is important to the process – it will give detailed information about where problems lie and how severe they really are. This can help you prioritize which parts of your operation to address first and how quickly changes must be made. Livestock producers must be prepared to plan ahead. It is imperative that producers know what type of animal manure system they need and want. You need to have an open mind and be prepared to discuss animal manure system design options with the consulting engineer. Consulting engineers should prepare quality designs of animal manure systems. Quality of design can and should be expected by a producer; however, perfection in design is not always possible due to time and experience constraints of engineers. Make sure the design meets with your total manure and nutrient management plan, including storage, handling and land application. This may involve working with a crop consultant to develop your specific manure management plan. Be patient with your consulting engineer. There are factors involved with the design and approval procedures of animal manure management systems that depend on information and responses by parties that cannot be controlled by the consultant. It is very important that both the producer and consultant communicate on a regular and professional basis to successfully complete and construct an approved animal manure management system design. For more information about beef and dairy open feedlot design, see the Iowa Beef Center Web site at http://www.iowabeefcenter.org.
Q19. How do I get an environmental or risk assessment? Producers who register with DNR will receive an in-house priority assessment (Word-format), then receive a site visit and actual environmental priority assessment that will determine what is needed for regulatory compliance. Producers interested in a third party assessment prior to registering with the DNR can contact America’s Clean Water Foundation by calling Carol Balvanz at the Iowa Cattlemen’s Association at (515) 296-2266. There is no charge for this assessment, however, it will take approximately 6 hours and is completed by two staff members. This assessment will identify water quality risk but will not address regulatory compliance. Iowa State University Extension Ag Engineering Field Specialists routinely do informal risk assessments. While these assessments aren’t as involved as those offered outside the university, they can still let you know if you have a problem and what types of facilities are available. You can contact your area engineer through your county extension office. Farm*A*Syst (FAS) is a baseline self-assessment tool that helps identify potential sources of groundwater and some surface water contamination. Farm*A*Syst will also give indications of potential state law violations. The program includes 11 sections, with each section made up of a fact sheet and an assessment survey. Iowa's FAS program helps farmers identify groundwater pollution sources relating to farmsteads. FAS will also give indications of potential state law violations. FAS has been adopted in 46 other states. The sections that will comprise the Iowa FAS program will include:
For more information about Farm*A*Syst, contact Agren, the state coordinator, at (712) 792-6248.
Q20. How do I know if an impartial environmental assessment will meet DNR regulations? An environmental assessment is designed to show you areas where your feedlot could be improved and areas where you are doing a good job. The final decision on whether environmental regulations are satisfied must be made by the DNR. Independent assessors are familiar with the rules and requirements, but the DNR is the final authority in determining whether environmental compliance is achieved.
Q21. How much will adding environmental controls cost? Cost of environmental protection controls varies greatly depending upon the size of your feedlot, topography, soils, rainfall and degree of controls already existing on your feedlot. The Iowa Beef Center recently published the Beef Feedlot Systems Manual (PM 1867), which compares and contrasts initial costs, annual costs, per head costs and animal performance issues in five different feedlot facilities. You can obtain the Beef Feedlot Systems Manual by contacting your county Extension office or by visiting the Iowa Beef Center Web site.
Q22. Is there a risk to doing some engineering and construction before contacting the DNR? Yes. That’s one reason that the DNR has worked with producer and environmental groups to develop an amnesty program. The DNR would rather work with the producer to make sure that whatever system is developed will be environmentally beneficial and meet state and federal requirements. If a producer builds without checking with the DNR, then the job may have to be done twice requiring extra costs.
Q23. What happens if I do not register? Cattle producers who do not register will not have the amnesty protection granted by registration. (See Q5.) They should be aware that if they need an operation permit and have not registered by Dec. 31, 2001, then they will be subject to penalties of up to $5,000 per day for not having a permit. Penalties under federal law are much higher. DNR will continue to respond to complaints on any operation. Registering and meeting the existing Iowa regulations may not be easy nor inexpensive, but it will prevent the EPA from doing site inspections and give producers time to come into compliance.
Q24. Is the cattle industry being singled out?No, both the state and the EPA conduct inspections on other facilities. The cattle industry is one of the last industries to be required to follow federal law under the Clean Water Act of 1972. Iowa businesses, municipalities and small towns have all had to comply with laws affecting their discharges to the waters of the state.
Q25. Is the EPA just after Iowa? The EPA has conducted open feedlot inspections in all four states in Region VII consisting of Iowa, Missouri, Kansas and Nebraska. EPA has taken enforcement actions when it was warranted in all four states. The EPA is concerned that Iowa open feedlots have not applied for operation (NPDES) permits.
Q26. Where do I get more information?For questions about regulations, your best source of information is the DNR. To contact the central DNR office in Des Moines, call (515) 281-8941. For DNR field offices, consult the following map and call the office in your area:
For additional information, Link directly to Resources document (pdf-format) |
