EPA re-issues nutrient management rules
By James D. Ritchie

The Environmental Protection Agency has released proposed revisions to regulations for concentrated animal feeding operations, which require virtually all animal feeding operations to develop phosphorus-based nutrient management plans.

The proposed rule change asserts that farmers can qualify for ag runoff exemptions only if they have a nutrient management plan in place and can document that they are following the plan. EPA expects all operations to implement plans that meet the regulatory standard or the Natural Resource Conservation Service comprehensive nutrient management standard.

As you may recall, EPA announced most of these changes back in 2003. However, the rule changes were challenged in court by both agricultural and environmental groups. Most of EPA’s 2003 revisions were upheld by the court and the agency is going ahead with them.

If adopted, the proposed changes will change the national approach to regulating most animal feeding operations. And, once the national rule is adopted, states will need to revisit their regulations and amend them to meet the new national rules.

EPA’s assertion that farmers can invalidate the agricultural storm water exception by over-applying fertilizer or by failing to meet other “agricultural standards” could have far-reaching effects for agriculture.

“This could have implications for [crop] farmers who only use commercial fertilizers,” said the University of Missouri’s John Lory. “This philosophy could be used to regulate fertilizer applications in future efforts to regulate agricultural water quality.”

EPA’s proposed rule changes would take effect following a 45-day public comment period that began in mid-July.