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E-M:/ Michigan vs. Ohio on CAFOs and EPA now

Enviro-Mich message from <anne.woiwode@sfsierra.sierraclub.org>


With the announcement from the state of Ohio that they will be complying 
with EPA's requirements for Concentrated Animal Feeding Operations, 
including National Pollutant Discharge Elimination System (NPDES) permits 
for 1000 animal unit facilities or larger, Michigan's defiance becomes even 
starker.  In Michigan counties that border Ohio and Indiana, there have 
been bold announcements that some operators would be building many more 
facilities in each of these states, but if Michigan is the ONLY one now 
REFUSING to require the minimum federal standards, it will be hard to 
believe that Michigan won't get more facilities, sooner, than our 

What's the difference among the state programs at this time?  EPA has a 
site on its web page with info about all the state programs in this region. 


Below is the Ohio information followed by the Michigan information from the 
EPA web pages.  


· Maintain database for livestock permitting and compliance. Based on 
information obtained during past and future compliance monitoring 
activities, including those conducted or to be conducted by the Ohio 
Department of Natural Resources, identify the inventory of CAFOs with more 
than 300 but less than 1000 animal units. Enter and maintain inventory, 
permitting, inspection, and enforcement data in the Permit Compliance 
· Agricultural Permit Program Compliance and Inspections 
· Compliance sampling inspections 
· Compliance reconnaissance 
· Compliance assistance 
· Report screening and NOVs 
· Complaint responses 
· Assess compliance with CWA, federal, and state rules during inspections 
· Request NPDES permit applications for facility management if appropriate 
(i.e., when there is a documented discharge) 
· Coordinate with the Ohio Department of Natural Resources and SWCDs on 
sharing information about AFOs with unacceptable conditions and illegal 
discharges; request NPDES permits where appropriate 
· Respond to complaints related to wastewater and large livestock 
facilities, assist with complaints involving other Divisions. 
· number of complaints investigated 
· Livestock Program Enforcement Support 
· new referrals 
· follow up work on prior referrals 
· Incorporate orders to address NPDES permitting issues at CAFOs where 
appropriate (i.e., request a NPDES permit for a facility management if 
discharge is documented or to correct permit non-compliance) 
· Enforce compliance consistent with Ohio EPA's NPDES Enforcement 
Management System 
· Assessment of animal feeding operations 
· Chemical sampling near large livestock operations 
· Field program planning 
· Prepare NPDES permits for CAFOs covering facility management (BMPs, 
CNMPs, etc.) and/or for discharges of materials other than manure or 
process wastewater (e.g. treated iron filtration or softening backwash) 
· Authority for Livestock Program 
· assess and develop rules for OAC 3745 to support current ORC 6111 laws 
pertaining to large livestock operations or to support new legislation in 
conjunction with other state agencies 
· review of legislative proposals 
· prepare a state strategy consistent with goals and principles set forth 
in national and regional strategies for animal feeding operation strategy 
developed by USEPA 


EPA Region 5 has not approved Michigan's CWA Section 106 Work Program 

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