By Wally Kennedy

wkennedy@joplinglobe.com

A new group has been formed by the Missouri Department of Natural Resources in connection with the drafting of new rules as they relate to concentrated animal feeding operations in Missouri.

The group, which will have its first meeting this morning in Jefferson City, is made up of representatives from 24 organizations. Among them are representatives of Missouri’s hog and poultry industries, which operate the largest CAFOs in the state.

The inclusion of those industries has prompted a leader of the Missouri Sierra Club to decline an invitation to participate. Ken Midkiff, chairman of the group’s Missouri Clean Water Campaign, said, “It is mystifying why the Department of Natural Resources would invite the persons representing organizations or entities that are causing pollution problems to address those same problems.”

He said representatives of Moark Industries, Premium Standard Farms, Tyson’s, George’s, the Missouri Pork Producers Council, the Farm Bureau, the Poultry Federation, Missouri Ag Industries, Smithfield/Murphy “and all the others of that ilk are more interested in allowing CAFOs to continue to pollute rather than coming up with rules for the state to rein them in.”

“The current rules are a joke, and enforcement is nonexistent,” he said. “It is a sad day when the state agency that is to protect our natural resources is instead more interested in protecting polluters.”

Darrick Steen, who is organizing the group for the DNR, on Monday said the agency has taken steps to ensure broad representation on the panel. The group is composed of eight representatives of industry; eight representatives of resident groups, including the Missouri Coalition for the Environment; and eight representatives of governmental agencies, including the Missouri Association of Counties.

“We made this group as broad as we could,” Steen said. “We invited three citizen groups from Southwest Missouri, including the James River watershed group and the Table Rock Lake group, because one of the issues is poultry litter and the application of it.”

Missouri’s CAFO rule is being revised in response to impending rule changes that will be mandated by the U.S. Environmental Protection Agency.

The DNR is inviting representatives of various organizations in the state to participate. The DNR plans to explain the impending rule changes that it must implement. It also is seeking stakeholders’ views on issues related to CAFOs.

The DNR said the comments will be considered when Missouri’s revised rule is drafted. The DNR also is planning to seek public participation, which is required for rule-making.

Steen said the EPA completed its new CAFO rule in 2003. The rule was litigated, and certain portions were affected by the ruling. The portions that weren’t affected will be explained to the group.

“The state must address the portions that weren’t affected by the court decision,” he said. “The EPA has revised the rule and the portions that were affected. It was opened for public comment in 2006. We are expecting the final EPA rule in the next few months.”

The portion of the rule that was not changed includes a more restrictive number for swine nurseries. As an example, a CAFO operator might have to seek a CAFO permit for 10,000 swine in a nursery as opposed to 15,000.

Phosphorus management is being included in the new rule. CAFO operators will have to do more monitoring and face additional reporting requirements for phosphorus.

The new rule will have some impact on poultry, Steen said. New requirements for nutrient management could be added. Poultry numbers in some cases could become less stringent. Another change could involve new distinctions between wet manure and dry manure.

Steen said residents will be given an opportunity to comment.

“But citizens must keep in mind that the department lacks jurisdiction to address concerns related to non-water quality related items, such as zoning, location and property values,” he said. “This particular rule-making cannot address those issues. That is something (via legislation) that must be taken care of at the Capitol.”





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The Missouri Clean Water Commission will conduct a public hearing and accept comments on the draft rule after publication of the rule in the Missouri Register, according to Darrick Steen, with the Missouri Department of Natural Resources.